Agenda item

Land North And South Of Pingle Drive, Bicester

Decision:

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

Minutes:

The Committee considered application 22/03513/F for the redevelopment of the site to provide a new public park, a car and cycle hub with electric vehicle charging and additional guest services, retail and food and beverage floorspace with associated access, parking, drainage and landscaping at Land North And South Of Pingle Drive, Bicester for Value Retail Management (Bicester Village) Limited.

Councillors Sames, Pruden and Cotter addressed the Committee as Local Ward Members.

Roger Wise, on behalf of Save Oxford Sports Grounds, addressed the Committee in objection to the application.

Richard Gough, on behalf of the applicant, Value Retail Management Limited, addressed the Committee in support of the application.

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

Resolved

That authority be delegated to the Assistant Director for Planning and Development, or an officer nominated by them, to grant permission, subject to:

i. The removal of the Environment Agency objection

ii. The removal of CDC Ecology objection

iii. The conditions set out below (and any amendments/additions to those conditions as deemed necessary) and

iv. 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 contributions and infrastructure set out in the annex of the Minutes as set out in the Minute Book (and any amendments as deemed necessary).

Conditions

Time Limit

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 ADDED]

Reason– Forthe avoidanceof doubt,to ensurethat thedevelopment iscarried 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) undertakenby acompetent ecologistto assessthe nestingbird activityon site, togetherwith detailsof measuresto protectthe nestingbird intereston thesite as required.

Reason:To ensurethat thedevelopment willconserve andenhance thenatural environment and willnot cause significantharm toany protectedspecies or its habitat tocomply withPolicy ESD10of theCherwell LocalPlan 2011-2031Part 1 and Government guidance contained within the National Planning Policy Framework.

4. All plant,machinery andequipment tobe usedby reasonof thegranting ofthis permission shall be so installed, maintained and operated soas to ensurethat the rating noise level from the equipment shall be at least 10 dBA below the pre-existing background noise level (LA90) when measured at any noise sensitive premise. Measurements and rating of noise for the purpose of this condition shall be in accordance with BS4142:2014 + A1:2019 -"Methods for rating and assessing industrial and commercial sound.

Reason - To ensure the creation of a satisfactory environment free from intrusivelevels ofnoise inaccordance withSaved PolicyENV1 ofthe Cherwell Local Plan 1996

5. All planting,seeding orturfing comprisedin theapproved detailsof 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 orbecome seriouslydamaged ordiseased shallbe replacedin thenext 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

6. 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 ofa remediationstrategy detailinghow theunsuspected contaminationshall be dealtwith hasbeen submittedto andapproved inwriting bythe LocalPlanning Authority. Thereafterthe remediationstrategy shallbe carriedout inaccordance 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 suitablefor 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.

7. The retail floorspace within the Western Terrace, as shown on drawing [TO BE ADDED] shall not be used for the sale of high end, full price goods or high end, full price confectionary/convenience goods unless and until a scheme/s has been submitted to and approved in writing by the local planning authority identifying the units (and/or parts of units) selling such goods. Thereafter the sale of such goods shall only occur within the units (and/or parts of units) identified for such purposes within the approved scheme.

Reason – To ensure that the limits on full price comparison and convenience goods sales are able to be monitored and enforced as necessary in the interests of preserving the vitality and viability of nearby town centres in accordance with the requirements of Policy SLE2 of the Cherwell Local Plan 2011-2031 Part 1.

8. The guest services within the Western Terrace, as shown on drawing [TO BE ADDED] shall be used for guest services only and for no other purposes.

Reason – In the interests of preserving the vitality and viability of nearby Town centres in accordance with the requirements of Policy SLE2 of the Cherwell Local Plan 2011-2031 Part 1.

9. The development hereby approved shall only be used for the purposes of providing a factory outlet shopping centre selling discounted high end designer goods, with ancillary office space for the management and operation of the centre, except to allow alternative uses subject to the following limits as apply to the whole of the Bicester Village Outlet Shopping Centre (as it exists at the date of this permission):

5,000sqm floorspace (GIA) only for the display or retail sale of high end goods, other than hot food within Class E(a) use; for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises within Class E(b) use; for indoor sport, recreation or fitness (not involving motorised vehicles or firearms) within Class E(d) use; and for creche, day nursery or day centre (not including a residential use) within Class E(f) use ((as defined in the Schedule to the Town and Country Planning (Use Classes Order) 1987 [as amended]);

1,000sqm floorspace (GIA) of high end, full price confectionary and convenience goods sales within Class E(a) use (as defined in the Schedule to the Town and Country Planning (Use Classes Order) 1987 [as amended]); 1,000sqm floorspace (GIA) at ground floor level across up to five retail units (Class E(a)) for the sale of full price high end designer goods but with no more than 330sqm of internal floorspace.

Reason – In the interests of clarity and in accordance with Government guidance set out in the National Planning Policy Framework.

10. Except where otherwise shown in the plans, no retail unit shall be formed or created including through subsequent amalgamation where that unit would exceed 450sqm floor space (gross internal area) without the prior written agreement of the Local Planning Authority.

Reason - In the interests of creating a development of bespoke smaller high end fashion retail units that do not risk competition with nearby town centres in accordance with the requirements of Policy SLE2 of the Cherwell Local Plan 2011-2031 Part1 as well as Government guidance set out in the National Planning Policy Framework.

11. Except where otherwise allowed through other conditions attached to this planning permission, none of the units within this development shall be used for the sale of the following category of goods (full price or otherwise): food, confectionary, convenience goods, pharmaceuticals and health produces, garden produce, dispense optical goods, books, newspapers and magazines, CDs/DVDs and other similar types of media, computers and software, mobile phones, toys, pets and pet accessories, arts and craft products.

Reason – In the interests of minimising harm to the vitality and viability of nearby town centres in accordance with the requirements of Policy SLE2 of the Cherwell Local Plan 2011 – 2031 Part 1.

Pre-commencement Conditions

12. Prior to the commencement of development, a phasing plan covering the entire application site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved phasing plan.

Reason: To ensure the proper phased implementation of the development and associated infrastructure in accordance with Government guidance contained within the National Planning Policy Framework.

13. 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

14. 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.

15. 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.

16. 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 Policy ESD1 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.

17. 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.

18. 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 development to achieve the requirements of Policies ESD1 of the Cherwell Local Plan Part 1 2011-2031.

19. Prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, Land contamination risk management (LCRM) and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

Reason - To ensure that any ground and water contamination is 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 theCherwell Local Plan 1996 andSection 15 of theNational Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

20. If contamination is found by undertaking the work carried out under condition [18], prior to the commencement of the development hereby permitted, a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

Reason - To ensure that any ground and water contamination is 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 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.

21. If remedial works have been identified in condition [19], the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition [19]. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

Reason - To ensure that any ground and water contamination is 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 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.

22. No development shall take place 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 be subsequently be implemented in accordance with the approved details before the development is completed. 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 ExceedanceConveyance 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.

CONDITIONS REQUIRING APPROVAL OR COMPLIANCE BEFORE SPECIFIC CONSTRUCTION WORK TAKES PLACE

23. 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 the 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

24. A schedule of materials and finishes to be used in the external walls and roof(s) of the Western Terrace 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.

25. A schedule of materials and finishes to be used in the external walls and roof(s) of the car and cycle hub 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.

26. Prior to the erection, installation, fixing, placement and/or operation of any external lighting on the site (including on the building itself), details of such external lighting shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the equipment and supporting structures, positions, sizes, heights, type, luminance/light intensity, direction and cowling of all external lights to the structure(s] and other parts of the application site and the hours at which such lighting is to be operated. This scheme shall ensure that light trespass at any light sensitive premises shall not exceed the requirements in the Institution of Lighting Professionals Guidance Notes for the Reduction of Obtrusive Light GN01/20).

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

PRIOR TO OCCUPATION

27. 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

28. 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.

29. 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 onsite;

(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.

30. 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.

31. A schedule of landscape maintenance for a minimum period of 15 years shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of the development. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule unless otherwise approved in writing by the Local Planning Authority

Supporting documents: