Agenda item

Approved, subject to conditions and S106 legal agreement, details to be set out in the minutes.

The Committee considered application 22/02922/F for the construction of Thames Valley Police Technical Services Building (Use Class E) with associated access, car parking and hard and soft landscaping at Land South West of Avonbury Business Park, Howes Lane, Bicester for Thames Valley Police.

 

Geoff Clark, local resident, addressed the Committee in objection to the application.

 

Simon Dackombe, on behalf of the Thames Valley Police, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report, presentation, the written update and addresses of the public speakers.

 

Resolved

 

(1)       Delegate to the Assistant Director for Planning and Development to grant permission, subject to:

i)               The following conditions (and any amendments to those conditions as deemed necessary) and:

ii)              The completion of a planning obligation under Section 106 of the Town and Country Planning Act, as substituted by the Planning and Compensation Act 1991, to secure obligation including contributions and the infrastructure identified in the annex to the Minutes (as set out in the Minute Book) (and any amendments to those obligations as deemed necessary)

 

Conditions

 

        Time Limit and General Implementation Conditions

 

1.          The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission. 

 

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Compliance with Plans

 

2.          Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents:  To be confirmed as a completed S106 agreement will need to be in place prior to the decision notice being issued.

 

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with Government guidance contained within the National Planning Policy Framework. 

 

3.          The development shall be used as a Technical Services Building associated with Thames Valley Police only, and shall not be used for any other purposes whatsoever.

 

Reason - In order to retain planning control over the use of the site and to ensure that the impacts of the development are no greater than those considered under this application in accordance with Policies SLE1 and Bicester 1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

4.          All site clearance (including the removal of any vegetation or works to hedgerows) shall be timed so as to avoid the bird nesting season, this being during the months of March until July inclusive unless the Local Planning Authority has confirmed in writing that such works can proceed, based on submission of a survey (no more than 48hrs before works commence) undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site as required. 

 

Reason: To ensure that the development will conserve and enhance the natural environment and will not cause significant harm to any protected species or its habitat to comply with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

5.          If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

 

Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

6.          The level of noise emitted from the site shall not exceed (A) 41 dB between 2300 and 0700 and (A) 53 dB at any other time, as measured 1m from the nearest noise-sensitive receptor as shown on figure 5-1 of the Noise Impact Assessment (A is noise level expressed as Laeq over a time period T (eg 1 hour day, or 5 mins night) and T is time of day).

 

Reason - To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with Saved Policy ENV1 of the Cherwell Local Plan 1996

 

7.          Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no gate, fence, wall or other means of enclosure shall be erected, constructed or placed other than the enclosures shown on the approved plans or to be agreed by condition 23, without the prior express planning permission of the Local Planning Authority. 

 

Reason - In order to retain the open character of the development and in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996. 

 

8.          All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner, and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation. 

 

Reason: To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework 

 

Pre-Commencement Conditions

 

9.          No development shall commence unless and until full details of the means of construction access between the land and the highway, including, position, layout, construction, drainage and vision splays have been submitted to and approved in writing by the Local Planning Authority. The means of access shall be constructed in strict accordance with the approved details prior to the commencement of construction on site and shall be retained and maintained as such thereafter. Agreed vision splays shall be kept clear of obstructions higher than 0.6m at all times.

 

Reason - In the interests of highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme

 

10.      Where the submitted Ecological Assessment Report is more than two years old at the date of the commencement of the development, no development shall commence, until an updated Ecological Assessment Report has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details.   

 

Reason - In the interests of biodiversity and to comply with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme

 

11.      No development shall commence until a Construction Method Statement, incorporating a construction traffic management plan has been submitted to and approved in writing by the Local Planning Authority. The CTMP will need to incorporate the following in detail and throughout development the approved plan must be adhered to: 

a) The CTMP must be appropriately titled, include the site and planning permission number. 

b) Routing of construction traffic and delivery vehicles is required to be shown and signed appropriately to the necessary standards/requirements. This includes means of access into the site.

c) Details of and approval of any road closures needed during construction.

d) Details of and approval of any traffic management needed during construction.

e) Details of wheel cleaning/wash facilities – to prevent mud etc, in vehicle tyres/wheels, from migrating onto adjacent highway.

f) Measures to control the emission of dust and dirt during construction as detailed in paragraph 6.1.2 of the Air Quality Management Plan;

g) Details of appropriate signing to accord with standards/requirements, for pedestrians during construction works, including any footpath diversions.

h) The erection and maintenance of security hoarding / scaffolding if required.

i) A regime to inspect and maintain all signing, barriers etc.

j) Contact details of the Project Manager and Site Supervisor responsible for on-site works to be provided.

k) The use of appropriately trained, qualified and certificated banksmen for guiding vehicles/unloading etc.

l) No unnecessary parking of site related vehicles (worker transport etc) in the vicinity – details of where these will park, and occupiers transported to/from site to be submitted for consideration and approval. Areas to be shown on a plan not less than 1:500.

m) Layout plan of the site that shows structures, roads, site storage, compound, pedestrian routes etc.

n) Local residents to be kept informed of significant deliveries and liaised with through the project. Contact details for person to whom issues should be raised with in first instance to be provided and a record kept of these and subsequent resolution.

o) Any temporary access arrangements to be agreed with and approved by Highways Depot.

p) Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak hours.

q) Delivery, demolition and construction working hours;   

 

Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme

 

12.      No development shall commence until a detailed surface water drainage scheme for the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is first occupied. The scheme shall include:

 

·       A compliance report to demonstrate how the scheme complies with the  “Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire”;

·       Full drainage calculations for all events up to and including the 1 in 100 year plus 40% climate change;

·       A Flood Exceedance Conveyance Plan;

·       Comprehensive infiltration testing across the site to BRE DG 365 (if applicable)

·       Detailed design drainage layout drawings of the SuDS proposals including cross-section details;

·       Detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element, and;

·       Details of how water quality will be managed during construction and post development in perpetuity;

·       Confirmation of any outfall details.

·       Consent for any connections into third party drainage systems

 

Reason - To ensure that sufficient capacity is made available to accommodate the new development and in order to avoid adverse environmental impact upon the community in accordance with Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme. 

 

13.      No development shall take place on any phase (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include as a minimum: 

a) Arrangements for a site walkover survey undertaken by a suitably qualified Ecologist to ensure that no protected species, which could be harmed by the development have moved onto the site since the previous surveys were carried out. If any protected species are found, details of mitigation measures to prevent their harm shall be required to be submitted;

b) Risk assessment of potentially damaging construction activities;

c) Identification of ‘Biodiversity Protection Zones’;

d) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

e) The location and timing of sensitive works to avoid harm to biodiversity features;

f) The times during construction when specialist ecologists need to be present on site to oversee works;

g) Responsible persons and lines of communication;

h) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

i) Best practice with regard to wildlife including use of protective fences, exclusion barriers and warning signs 

 

The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme. 

 

14.      No development shall take place until the existing tree(s) to be retained have been protected in accordance with the approved Tree Protection Plan 1170 Atk Xx Xx Dr L 481002 P02 (Clearance and Tree Protection Plan) received 23rd September 2022 unless otherwise agreed in writing by the Local Planning Authority. The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development and shall be maintained until all equipment machinery and surplus material has been removed from the site. Nothing shall be stored or placed within the areas protected by the barriers erected in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made, without the written consent of the Local Planning Authority. 

 

Reason - To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme  

 

15.      No development shall take place until a Sustainable Waste and Resources Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details. 

 

Reason – To support the creation of a low carbon community to achieve the requirements of Policies ESD1 and Bicester 1 of the CLP 2011-2031. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

16.      Prior to the commencement of the development hereby approved, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be managed in accordance with the approved details set out in the LEMP.  

 

Reason - To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework. 

 

17.      No development shall commence until a scheme to demonstrate that the development will achieve BREEAM ‘Excellent’ shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall set out a timescale for the provision of evidence, including certificates at design stage and post construction stages. Evidence of the achievement of BREEAM Excellent shall be provided in accordance with the approved scheme.

 

Reason: To support the creation of a low carbon community to achieve the requirements of Policies ESD1 of the Cherwell Local Plan Part 1 2011-2031. 

 

Conditions requiring approval or compliance before specific construction works take place

 

18.      Prior to their installation on any building, full details of the solar PV shall be submitted to and approved in writing by the Local Planning Authority. The solar PV shall be installed prior to first occupation and retained and maintained in working order thereafter. 

 

Reason: To support the delivery of renewable and low carbon energy in accordance with Policy Bicester 1 of the Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework. 

 

19.      A schedule of materials and finishes to be used in the external walls and roof(s) of the building shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The development shall thereafter be completed in accordance with the approved details. 

 

Reason - To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

20.      Prior to the commencement of the parking areas, specification details (including construction, layout, surfacing, and drainage) of the turning area and parking spaces within the curtilage of the site, arranged so that motor vehicles may enter, turn round and leave in a forward direction and vehicles may park off the highway, have been submitted to and approved in writing by the Local Planning Authority. The turning area and car parking spaces shall be constructed in accordance with the approved details prior to the first occupation of the development and shall be retained as such for the parking and manoeuvring of vehicles at all times thereafter. 

 

Reason - In the interests of highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

21.      Prior to their installation on any building hereby approved, full details of any mechanical ventilation or extraction equipment (if applicable and including any air source heat pumps and their associated condenser units) shall be submitted to and approved by the Local Planning Authority. Thereafter the mechanical ventilation shall be installed, brought into use, and retained in accordance with the approved details.

 

Reason - In order to safeguard the amenities of the area and to minimise the risk of a nuisance arising from smells in accordance with Saved Policy ENV1 of the adopted Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

22.      Notwithstanding the submitted details, prior to the first installation of any fencing, details of the fencing and its location shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details. 

 

Reason – To ensure that the fencing is appropriate to the appearance of the locality, to ensure the satisfactory appearance of the completed development and to ensure that the proposed fencing does not restrict the land required for  the future delivery of the realignment of Howes Lane and to ensure the development does not have a detrimental impact on the highway network in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Prior to occupation

 

23.      Prior to the first occupation details of improvements to provide safe cycling and pedestrian access to the site along Howes Lane, including, position, layout, construction, drainage and vision splays have been submitted to and approved in writing by the Local Planning Authority. The improvements shall be constructed in strict accordance with the approved details prior to first occupation.

 

Reason - In the interests of highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

24.      Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development. 

 

Reason - In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework.

 

25.      Prior to the first occupation of the development, a scheme for the provision of vehicular electric charging points to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The vehicular electric charging points shall be provided in accordance with the approved details prior to the first occupation of the unit they serve, and retained as such thereafter. 

 

Reason - To comply with Policies SLE 4, ESD 1, ESD 3 and ESD 5 of the adopted Cherwell Local Plan 2011-2031 Part 1 and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework

 

26.      Prior to the first occupation of the development hereby approved, a Travel Plan, prepared in accordance with the Department of Transport’s Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans", shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented and operated in accordance with the approved details. 

 

Reason - In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government guidance contained within the National Planning Policy Framework. 

 

27.      Prior to first occupation, a record of the installed SuDS and site wide drainage scheme shall be submitted to and approved in writing by the Local Planning Authority for deposit with the Lead Local Flood Authority Asset Register. The details shall include:

(a) As built plans in both .pdf and .shp file format;

(b) Photographs to document each key stage of the drainage system when installed on site;

(c) Photographs to document the completed installation of the drainage structures on site;

(d) The name and contact details of any appointed management company information. 

 

Reason - To ensure that the development/site is served by sustainable arrangements for the disposal of surface water, to comply with Policy ESD6 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government advice in the National Planning Policy Framework. 

 

28.      Details of the external lighting, and security lighting including the design, position, orientation, and any screening of the lighting shall be submitted to and approved in writing by the Local Planning Authority prior to the installation of any such lighting. The lighting shall be installed and operated in accordance with the approved scheme at all times thereafter.

 

Reason - To protect the amenities of nearby residents and in the interest of biodiversity and to comply with Policies ESD10 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996 

 

29.      Details of the levels of ammonia emissions from the operation of the building shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the building.  

 

Reason – To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework 

 

30.      Details of a Management Plan for the control of ammonia emissions emanating from the building shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation. The details shall include any action requires where emissions exceed those as set out in condition 29.

 

31.      Prior to the first occupation of the building, details of the measures to be installed in the building to minimise water consumption shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. The measures shall thereafter be retained in an operational condition.

 

Reason: To support the delivery of renewable and low carbon energy in accordance with Policy Bicester 1 of the Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework 

 

32.      No employment building shall be occupied until it has been provided with service connections capable of supporting the provision of high-speed broadband from the building to the nearest broadband service connection outside The Site 

 

Reason: To facilitate information delivery in accordance with Government guidance contained within the National Planning Policy Framework. 

 

33.      The building hereby approved shall be provided with real time energy and travel information prior to its first occupation. Details of the provision the building shall be submitted to the Local Planning Authority and agreed in writing prior to the commencement of construction of the building above slab level. The devices shall thereafter be retained in operational condition. 

 

Reason: To support the delivery of modal shift towards sustainable modes and create high quality, inclusive, sustainable development in accordance with Policy Bicester 1 of the Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework.