Agenda item

Caravan Park, Station Approach, Banbury, OX16 5AB

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 22/01564/OUT for the development of car park and caravan park to comprise up to 63 apartments all within Use Class C3; provision of vehicular and cycle parking together with all necessary internal roads and footpaths; provision of open space and associated landscape works; and ancillary works and structures (resubmission of 18/00293/OUT) at Caravan Park, Station Approach, Banbury, OX16 5AB for Mr Patrick Rooney.

Duncan Chadwick, agent for the applicant, addressed the Committee in support of the application.

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

Resolved

1. That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to

a) The conditions set out below (and any amendments to those conditions as seemed necessary) and

b) 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 necessary mitigation as set out below (and any amendments deemed necessary)

Conditions

1. No development shall take place until full details of the layout, scale, appearance, and landscaping (hereafter referred to as reserved matters) of the hereby approved development have been submitted to and approved in writing by the Local Planning Authority.

Reason: This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).

2. No development shall commence until a detailed scheme for surface water drainage of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be based on the details contained within the Flood Risk Assessment (FRA) < Feb 2018 (v2) / Station Caravan Park, Banbury,( 2017s6068) / JBA Consulting > and the Drainage Strategy < Oct 2018 (v3) / Station Caravan Park, Banbury, (2017s6068) / JBA Consulting > and shall include (but not be limited to) details of the following (based on the mitigation measures detailed within the Drainage Strategy):

- Limiting the surface water run-off generated by the 100 year critical storm (with an allowance for Climate Change) to 66.9 l/s so that it will provide betterment to the existing run-off from the developed site and not increase the risk of flooding off-site. (Section 3.6.2 of the Drainage Strategy)

- Use of permeable paving SuDS (or other SuDS method described in the strategy) to provide attenuation storage (Section 3.6 of the Drainage Strategy)

- Exceedance storage in the central/northern car park area to contain on site exceedance flows from the development which will be routed away from any residential property (Section 3.5.3 of the Drainage Strategy)

- A SuDS Management and Maintenance Plan (based on the principles outlined in Section 3.7 of the Drainage Strategy). In addition to those principles, It is required to identify the party responsible for maintenance of each element of the SuDS. The Management Plan will include a Site Plan identifying the location of each element of the drainage scheme, including access points, maintenance access easements and outfalls. Maintenance operational areas are to be identified and shown on the plans, to ensure there is room to gain access to the asset, and maintain it with appropriate plant

- A flood evacuation plan to clarify procedures and routes during a flood event.

The surface water drainage scheme shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, and shall be managed and maintained in accordance with the approved plan thereafter.

Reason - To ensure satisfactory drainage of the site in the interests of public health, to avoid flooding of adjacent land and property and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

3. No development shall take place until a plan showing full details of the finished floor levels of the development (which shall demonstrate that all levels are to be set above 92.42AOD) in relation to existing ground levels on the site, has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved finished floor levels plan.

Reason - To ensure the proposed development is in scale and harmony with its neighbours and surroundings and to protect the development and its occupants from an increased risk of flooding in order to comply with Government guidance contained within the National Planning Policy Framework and Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996.

4. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

a) The parking of vehicles of site operatives and visitors;

b) The routeing of HGVs to and from the site;

c) Loading and unloading of plant and materials;

d) Storage of plant and materials used in constructing the development, which shall demonstrate where storage will be placed with no storage within the vicinity of the watercourse;

e) The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

f) Wheel washing facilities/ road sweeping;

g) Measures to control the emission of dust and dirt during construction;

h) A scheme for recycling/ disposing of waste resulting from demolition and construction works;

i) Delivery, demolition and construction working hours;

j) Details of the measures to be taken to ensure construction works do not adversely affect residential properties adjacent to or surrounding the site together with details of the consultation and communication to be carried out with local residents.

k) details of how the canal and river will be protected from run-off and pollution

l) details of how the 10m ecological buffer zone adjacent to the River Cherwell will be protected during construction

m) details of the measures to be taken to ensure that construction works do not adversely affect biodiversity including a timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed

n) details of any proposed earthmoving, excavations, foundation construction or other building operations to ensure that construction works do not detrimentally affect the stability or integrity of the canal and river banks. The details required shall include calculations to demonstrate that the proposed development will not impart any load onto the canal.

o) Details of how drainage features will be protected during construction.

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

Reason - To ensure the environment is protected during construction in accordance with Policy ENV1 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

5. Prior to the first occupation 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 LEMP shall be carried out in accordance with the approved details.

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 the National Planning Policy Framework.

6. No development shall take place until a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been carried out by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' has been 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 that it is satisfied that no potential risk from contamination has been identified.

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

7. If a potential risk from contamination is identified as a result of the work carried out under condition 6, then no development shall take place until, 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 which 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, CLR 11' has been 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.

8. If contamination is found by undertaking the work carried out under condition 7 then no development shall take place until a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use has been 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 which has been 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.

9. If remedial works have been identified in condition 8 the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 8. 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.

10. Prior to, and within two months of the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm 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 mitigation scheme.

Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

11. No development shall take place, including any demolition, and any works of site clearance, until a method statement for enhancing the biodiversity on site (which shall include through new wildlife habitat along the river edge, native species planting, installation of bird and bat boxes) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the biodiversity enhancement measures shall be carried out and retained in accordance with the approved details.

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 Part1 and Government guidance contained within the National Planning Policy Framework.

12. In the case of the reserved matters, no application for approval shall be made later than the expiration of three years beginning with the date of this permission.

13. No development shall take place until a report that shows that all habitable rooms within each dwelling will achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings) for indoor and external noise levels (if required then the methods for rating the noise in BS4142:2014 should be used, such as for noise from industrial sources) has been submitted to and approved in writing by the Local Planning Authority. If any mitigation is required to meet the necessary noise levels then prior to the first occupation of the dwelling, the mitigation shall be installed and maintained in accordance with the approved details.

Reason - To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with Policy ENV1 of the adopted Cherwell Local Plan 2011 - 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

14. Prior to the first occupation of the development, details of any proposed external lighting for the development shall be submitted to and approved in writing by the Local Planning Authority. Any external lighting shall thereafter be implemented in accordance with the agreed details.

Reason: The lighting at waterside developments should be designed to minimise the problems of glare, show consideration for bats and other wildlife within the canal habitat corridor and unnecessary light pollution should be avoided by ensuring that the level of luminance is appropriate for the location in accordance with Policies ESD10 & 16 of the Cherwell Local Plan 2011-2031.

15. As part of the reserved matters submission an energy statement shall be submitted demonstrating compliance of the development with Policy ESD3 of the Cherwell Local Plan.

Reason - To support the delivery of renewable and low carbon energy in accordance with Policy ESD3 of the Cherwell Local Plan 2011 - 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

16. The development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

17. Except where otherwise stipulated by condition, the development shall be carried out in general accordance with the following plans and documents:

- Site location plan - ROO001/001

- Site Plan - ROO001/002

- Access Arrangements - 17123/05

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.

18. The layout of the site shall provide for no less than a 10 metre wide ecological buffer zone measured from the bank top (defined as the point at which the bank meets the level of the surrounding land) alongside the River Cherwell to the closest point of any development.

Reason: To ensure that the development does not cause harm to any protected species or their habitats and to enhance the habitat alongside the river in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

19. As part of the reserved matters submission details of the construction, drainage and vision splays for the means of access from Station Approach shall be submitted to and approved in writing by the Local Planning Authority, which shall include a 1.8m footway into the site. Thereafter, and prior to construction above slab level, the means of access shall be constructed and retained in accordance with the approved details.

Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

20. Prior to the first use or occupation of the development hereby permitted, covered and uncovered 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 Policies SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

21. As part of the reserved matters submission full details of refuse vehicle turning within the 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 details.

Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

22. No development shall take place until, a detailed scheme for the foul sewage drainage of the development has been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, and prior to the commencement of any building works on the site the approved foul sewage drainage scheme shall be implemented. All drainage works shall be laid out and constructed in accordance with the Water Authorities Association's current edition "Sewers for Adoption".

Reason - To ensure satisfactory drainage of the site in the interests of public health, to ensure there is sufficient capacity to cope with the new development and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

Section 106 Obligations

a) Affordable housing (30% provision).

b) Canal towpath contribution – £57,750 – To be index linked to current 2023 figures.

c) Cemetery contribution – as per previous 2018 formula (awaiting confirmation from Banbury Town Council.

d) Community hall contribution - £8,673.78 – To be index linked to current 2023 figures.

e) Footbridge contribution – £39,462.

f) Health and well-being contribution – £54,432 – To be index linked to current 2023 figures.

g) Sports facility contribution – 52,601.56 (Offsite Indoor Sports Facility).

h) Sports facility contribution – £127,072.89 (Offsite Outdoor Sports Facility).

i) Waste contribution – £6,678 – To be index linked to current 2023 figures.

j) LEAP offsite provision contribution – £20,779.15 – To be index linked to current 2023 figures.

Supporting documents: