Agenda item

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

 

The Committee considered application 22/03452/F for the erection of a new 128-bed residential care home (Use Class C2) together with associated access, parking and landscaping at OS Parcel 6920 East Of Oxford Road and adjoining and South of Canal Lane, Bodicote for Barton Willmore now Stantec.

 

Paul Reeves, on behalf of the applicant, addressed the Committee in support of the application.

 

In the course of the discussion, Councillor Broad highlighted that condition 12 stated policy ESD5 however the purpose of ESD5 was not included in the policy text. The Planning Officer advised the Committee that they believed it was appropriate to widen condition 12 to include policy ESD5 and it would be reflected in the conditions issued with the decision notice.

 

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

 

Resolved

 

That the authority be delegated to the Assistant Director for Planning and Development to grant permission, subject of:

 

1.    The conditions set out below (and any amendments to those conditions as deemed necessary); and

2.    The completion of a planning obligation under section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, to secure the infrastructure identified in the heads of terms as set out below (and any amendments to them as may be deemed necessary).

 

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.

2.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application form and the following plans and documents: 

5196 LP01 – Site Location Plan; 

5196 PL02 Rev B – Proposed Site Plan; 

5196 PL03 – Proposed Ground Floor Plan; 

5196 PL04 – Proposed First Floor Plan; 

5196 PL05 – Proposed Second Floor Plan; 

5196 PL06 – Proposed Roof Plan; 

5196 PL07 – Proposed Elevations (Sheet 1 of 2); 

5196 PL08 – Proposed Elevations (Sheet 2 of 2); 

5196 PL09 – Proposed Sectional Elevations; 

5196 PL10 – Proposed Refuse Store; 

5196 PL13 – Boundary Treatment Plan; 

ZTL 101 Rev B – Tree Constraints Plan; 

Design & Access Statement by KWL Architects Ltd, Ref: 5196 Rev A, dated 9 November 2022; 

Planning Statement by Barton Willmore, now Stantec, Ref: 33629 Rev 1, dated 14 November 2022; 

Transport Statement by Connect Consultants, dated November 2022, as updated and revised by Technical Note 1, dated 11 January 2023; 

Travel Plan by Connect Consultants, dated November 2022; 

Noise Assessment by Hepworth Acoustics, Ref: P22-218-RO1v1, dated November 2022; 

Air Quality Assessment by Syntegra Consulting Ref: 22-9316, dated 8 November 2022; 

Arboricultural Impact Assessment by Zebra Trees, Ref: ZTL_130 V1 Rev C, dated 5 January 2023; 

Landscape Management Plan by Zebra Landscape Architects, Ref: ZLA_1231 V1, dated 10 November 2022; 

Preliminary Ecological Appraisal by Zebra Ecology, Ref: ZEL_175 V1, dated 1 September 2022; 

Biodiversity Net Gain Plan by Zebra Ecology, Ref: ZEL_175 V2, dated 10 November 2022; 

Sustainability & Energy Statement, incorporating Commercial Waste Management Plan by Envision, Ref: ESL 22-0238 Rev V3, dated 10 November 2022; 

Drainage Strategy by JPP, Ref: R-FRA-24918-01-Rev A, dated November 2022; 

Infiltration Testing Results by JPP, Ref: 24934/MC/AP/L01, dated 31 August 2022; 

Phase 1 Contamination & Geotechnical Desk Study Report by JPP, Ref: R-DS-24934-01-00, dated August 2022; 

Neighbouring Daylight, Sunlight & Shadow Assessment by Behan, Ref: 20223749, dated 4 November 2022. 

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

3.         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. 

4.         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. 

5.         No development shall commence until a Construction Method Statement, incorporating a Construction Traffic Management Plan (CTMP) 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; 

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

p.         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. 

6.         Notwithstanding the submitted details, no development except site clearance and groundworks 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. In addition to the BRE DG 365 Infiltration Testing Results by JPP, Ref: 24934/MC/AP/L01 dated 31 August 2022, 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;? 

·                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.? 

7.         No development shall take place (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. 

8.         Notwithstanding the submitted details, 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.? 

9.         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.?

10.      Prior to first occupation details of improvements to provide safe cycling and pedestrian access to the site from Longford Park Road, including, position, layout, construction and drainage 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. 

11.      Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities for the ten cycle spaces shown on drawing 5196 PL02 Rev B – Proposed Site Plan 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. 

12.      Prior to the first occupation of the development, a scheme for the provision of the five vehicular electric charging points to serve the development, as shown on drawing 5196 PL02 Rev B – Proposed Site Plan 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. 

13.      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. 

14.      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. 

15.      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. 

S106 Heads of Terms

Public Transport Service Contribution suggested by OCC Transport of £29,458 and agreed by Applicant, to be paid in full prior to first occupation;

Traffic Regulation Order suggested by OCC Transport of £3,320 and agreed by Applicant, to be paid in full prior to first occupation;

Travel Plan Monitoring Fee suggested by OCC Transport of £2,563 and agreed by Applicant, to be paid in full prior to first occupation; and

Primary Care Infrastructure Contribution suggested by the ICB Clinical Commissioning Board, initially of £110,592 but subsequently revised down to: 128 1-bed units x £360/person = £46,080, to be paid in full prior to occupation.