Agenda item

Otmoor Farm, Ragnalls Lane, Horton Cum Studley, OX33 1AR

Meeting of Planning Committee, Thursday 10 August 2023 4.00 pm (Item 38.)

Decision:

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

Minutes:

The Committee considered application 23/01086/F for an RSPB Work base comprising change of use and conversion and extension of an existing bungalow for office/residential intern use, construction of two agricultural storage buildings for maintenance of the reserve and new security fencing at Otmoor Farm, Ragnalls Lane, Horton Cum Studley, OX33 1AR for the RSPB.

Councillor Gemma Coton addressed the Committee as a Local Ward Member who had called in the application to Committee for consideration.

David Slingo, Chair of Horton Cum Studley Parish Council, addressed the Committee in objection to the application.

David Wilding, on behalf of the applicant, RSPB, addressed the Committee in support of the application.

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

Resolved

(1) That application 23/01086/F, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to the conditions set out below (and any amendments to those conditions 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: Design and Access Statement, Primary Ecological Appraisal dated April 2022, Biodiversity Plan, Tree Survey, Letter from agent received 24 June 2023, Location plan received 29 June 2023, Location within RSPB Otmoor Nature Reserve plan received 29 June 2023, Location plan with ROW received 29 June 2023, Drawing No’s: SA-20-001 Rev. D, SA-20-002 Rev. D, SA-20-012 Rev. A, SA-20-013 Rev. A, SA-20-015, SA-20-016 Rev. A, Fortex fence specification details

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.

Prior to commencement of groundworks, works of site clearance or demolition

3. Prior to the commencement of any groundworks, works of site clearance or demolition, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be undertaken in accordance with the approved CTMP at all times.

Reason - In the interests of highway safety and the safety of users of the public right of way, and to ensure the environment is protected during construction in accordance with saved Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

4. Prior to the commencement of any groundworks, works of site clearance or demolition, a Construction Environmental Management Plan (CEMP), which shall include details of the measures to be taken to ensure that construction works do not adversely affect biodiversity, 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 CEMP.

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.

Prior to commencement above slab level

5. Prior to the commencement of the extension hereby approved above slab level, a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved 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 schedule.

Reason - To ensure the satisfactory appearance of the completed development 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.

6. Prior to the commencement of the storage buildings hereby approved above slab level, a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved 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 schedule.

Prior to erection of compound fence and entrance gates

7. Prior to the erection of the compound fence and entrance gates hereby approved, full design details to include colour and finish, 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.

Compliance only

8. The development hereby approved shall be carried out strictly in accordance with the recommendations and details set out in the Primary Ecological Appraisal dated April 2022 and the Biodiversity Plan submitted with the application, which was prepared by The RSPB Ecology & Land Management.

9. Where an offence under Regulation 41 of the Habitat and Species Regulations 2010 is likely to occur in respect of the development hereby approved, no works of site clearance, demolition or construction shall take place which are likely to impact on bats until a licence to affect such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been submitted to the Local Planning Authority.

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.

10. That the entrance gates hereby approved shall open inwards only.

Reason – In the interests of highway safety and the safety of users of the public right of way in accordance with saved Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

11. This permission shall enure for the benefit of the Royal Society for the Protection of Birds only and for no other persons only and shall not enure for the benefit of the land. Upon the applicant ceasing to occupy the site and/or buildings, the dwelling shall be occupied only by a person solely or mainly employed, or last solely or mainly employed in the locality in agriculture, as defined in Section 336(1) of the Town and Country Planning Act 1990, or in forestry, including any dependants of such a person residing with him or her, or a widow or widower of such a person, and the site and buildings shall be used only for the purpose of agriculture, as defined in Section 336(1) of the Town and Country Planning Act 1990

Reason - This consent is only granted in view of the special circumstances and needs of the applicant, which are sufficient to justify overriding the normal planning policy considerations which would normally lead to a refusal of planning consent, in accordance with Policies SLE1 and ESD14 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy H18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

Supporting documents: