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 22/01611/OUT, an outline planning application for up to 118 no dwellings (all matters reserved except for access) with vehicular access from Oxford Road for Manor Oak Homes/G B Bishop-Fruedling & C A Parsons at Stratfield Farm, 374 Oxford Road, Kidlington OX5 1DL.

 

Huw Mellow, on behalf of the agent for the applicant, Carter Jonas, 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

 

That, in line with the officer’s recommendation, application 22/01611/OUT be approved and 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 deemed 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 the heads of terms as set out in the annex of the Minutes as set out in the Minute book (and any amendments as seemed necessary).

 

a)    Provision of 50% affordable housing on site

b)    Space reserved for the canal bridge and connection to the PR8 site and a proportionate contribution. 

c)    Green space and recreational routes to the south and west of the site and appropriate maintenance arrangements.

d)    Payment of a financial contribution towards proportionate highway contributions as set out in Appendix 4 of the Partial Review Local Plan for approximately £528,793.59 plus Travel Hub and Cycle Superhighway contributions.

e)    Payment of proportionate Canal Bridge contribution estimated at £150-250,000 Payment of a financial contribution towards Canal Towpath Enhancement of £47,489.40 to OCC and £372,000 (Canals and Rivers Trust)

f)     Payment of a financial contribution towards Community Hall and Development, Outdoor and indoor sport contributions of £517,144.46

g)    Payment of a financial contribution towards Healthcare of £101,800

h)    Payment of a financial contribution towards Education of £849,759

i)     Payment of a financial contribution towards Library Services of £12,700

j)     Payment of a financial contribution towards Police of £25,180

k)    Payment of a financial contribution to Public Realm and Public Art contributions £26,432.00 plus 7% maintenance

l)     Payment of a financial contribution towards Open Space Management

m)  Payment of the Council’s monitoring costs of £5000 plus OCC Monitoring Costs

 

Conditions

 

Time Limit

 

1.         Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

 

Reason: 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 (Development Management Procedure (England)) Order 2015 (as amended).

 

Reserved Matters

 

2.         Details of the layout, scale, appearance, access (other than the access detail approved under this permission) and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved. 

 

Reason: 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 6 of the Town and Country Planning (Development Management Procedure (England)) Order 2015 (as amended).

 

Plans

 

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

 

Plans:  Illustrative masterplan (reference 40975-012 Rev A) and Site location plan (40975-001 Rev A).

 

Documents:

·      Statement of Community Involvement produced by Carter Jonas LLP;

·      Planning Statement by Carter Jonas LLP;

·      Design & Access Statement produced by RG&P Architects;

·      Arboricultural Impact Assessment by Aspect

·      Archaeological Evaluation by Thames Valley Services;

·      Heritage Impact Assessment by Asset Heritage Consulting;

·      Landscape & Visual Impact Assessment by Aspect Landscape Planning;

·      Flood Risk assessment by MAC Consulting;

·      Transport Assessment by MAC Consulting;

·      Framework Travel Plan by MAC Consulting;

·      Air Quality Assessment by Redmore Environmental;

·      Noise Impact Assessment by Professional Consult; 

·      Sustainability and Energy Statement by Manor Oak Homes Limited;

·      Ecological Appraisal by Aspect.

 

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.

 

Development Framework principles

 

4.         Unless justified through the application submission, the Reserved Matters submission shall follow the principles and parameters of the Illustrative masterplan (reference 40975-012 Rev A) and in the established parameters for future development. In particular:

 

-       A housing mix to be agreed to reflect the Unmet housing needs of Oxford City Council and to ensure that affordable housing and market housing are delivered in a manner that is tenure blind.

-       Details of parking provision, where possible avoiding parking courts

-       Appropriate security and surveillance measures to public and private space to accord with the principles of Designing out Crime. 

-       Retention of Green Belt land

-       Delivery of the identified Biodiversity Net Gain

-       Pedestrian/Cycle Links across the site

-       Active and Passive measures to mitigate the impact of the development against climate change

-       Appropriate space for the future access and delivery of a pedestrian/cycle bridge across the Oxford Canal.

 

Reason: In order to achieve a satisfactory form of development as part of the Reserved Matters in accordance with the requirements of Policies PR2 and PR7b of the Cherwell Local Plan 2011-2031 (Partial Review), Policy ESD15 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996, guidance contained in the Council’s adopted Development Brief and Residential Design Guide and the aims and objectives of the National Planning Policy Framework.

 

Remediation/Contaminated Land

 

5.         i)  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 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. 

 

ii) If contamination is found by undertaking the work carried out under part i), then no development shall take place until, 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’ 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.

 

iii) If remedial works have been identified in part i), the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under part ii). 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.

 

iv) Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the Local Planning Authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These approved schemes shall be carried out before the relevant phase of development is resumed or continued. 

 

Reason: To ensure that the development is delivered in a manner to ensure that land contamination is appropriately managed in accordance with the requirements of saved policy ENV12 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework. 

 

Construction Environment Management Plan (CEMP) and Construction Traffic Management Plan (CTMP)

 

6.         No development shall take place until a Construction Environment Management Plan (CEMP) and Construction Traffic Management Plan (CTMP), have been submitted to and approved in writing by the Local Planning Authority. The CEMP and CTMP shall include details of:

-       The measures to be taken to ensure construction works to reduce the impact on neighbouring and nearby residents through temporary fencing, lighting and construction compounds and management of activity through the construction of development;

-       Implementation air quality and dust suppression management measures through a Dust Management Plan; 

-       The protection of the environment and implement best practice guidelines for works within or near water and habitats, including the appointment of a qualified ecologist to advise on site clearance and construction, in particular any works that have the potential to disturb notable ecological features, adjacent to or surrounding the site;

-       Details of the consultation and communication to be carried out with local residents shall be submitted to and approved in writing by the Local Planning Authority.

-       A Construction Traffic Management Plan (CTMP) and traffic routing, temporary access and haul roads to ensure construction vehicles, materials and logistics saving measures are managed 

-       There shall be no piling on the site unless measures are agreed to mitigate and manage the impact of noise and vibration on the site.

 

Thereafter the development shall be carried out in accordance with approved CEMP and CTMP.

 

Reason: To manage construction process and to ensure that the impacts to soils, air quality, contamination and ground conditions, ecological habitats, cultural heritage, noise and vibration, transport and waste as well as neighbouring and nearby residents and climate impacts are managed in accordance with the requirements of Policies PR2 and PR7b of the Cherwell Local Plan 2011-2031 (Partial Review), Policy ESD15 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 aims and objectives of the National Planning Policy Framework.

 

LEMP/Soil Handling

 

7.         Prior to 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 Section 15 of the National Planning Policy Framework.

 

Landscaping Strategy and Management

 

8.         a) As part of the Reserved Matters submission a scheme of hard and soft landscaping works in that Development Parcel will be submitted for the approval of the Local Planning Authority. The submitted detail will set out how this supports and is complimentary to the approved information.

 

These details will include the following in relation to the submission:

-       Identification of existing trees, shrubs and other vegetation to be retained

-       Wildlife habitat creation of potential benefit to protected species. The extent, location and design of such habitat shall be shown clearly and fully described.

-       The creation of a visually attractive and stimulating environment for the occupiers of the future development, and other users of the site.

-       Details of street furniture including bins, seating, dog bins, and boundary treatment

-       The eradication of Japanese knotweed or other invasive species on the site, if applicable.

-       The replacement of trees proposed to be lost in site clearance works.

-       Details of the future management of the landscape scheme.

-       Ground preparation measures to be adopted.

-       Full botanical details, numbers, locations, planting specifications and densities/ seeding rates of all plant material included within the landscape scheme.

-       Existing and proposed levels.

-       Programme for delivery of the approved scheme

-        

b) The approved scheme shall be implemented in accordance with the relevant approved programme for delivery forming part thereof and shall be managed for at least 5 years from the completion of the relevant scheme, in accordance with the approved management details. 

 

Reason: To ensure the satisfactory appearance of the development and protect wildlife 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.

 

Housing Sustainability standard

 

9.         a) As part of the Reserved Matters submissions a statement shall be submitted demonstrating how the proposal meets sustainability standards to progress towards the Future Home Standard. 

 

b) The development shall be implemented in accordance with the relevant agreed details and timescales  

 

Reason: To ensure that the proposals meet the challenge of the legislation set out in the Climate Act 2008 as set out by the aims and objectives set out in the NPPF (in particular paragraphs 7, 8, 98, 152-157), Policy PR7b of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD1-5 of the Cherwell Local Plan 2011-2031 and guidance contained in the Council’s adopted Development Brief and Residential Design Guide.

 

Noise Mitigation

 

10.      Within any reserved matters application in relation to residential development a noise impact assessment and a noise attenuation / insulation scheme (having regard to the building fabric, glazing and background and purge / rapid ventilation requirements) to protect occupants or other users internally and externally as appropriate from the Oxford Road, Stratfield Break sports pitches and primary routes through the site traffic noise in accordance with the requirements of British Standard 8233:2014 'Sound Insulation and noise reduction for buildings-Code of Practice' (or as superseded), shall be submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be fully implemented before the residential use hereby permitted is occupied and shall be retained thereafter unless otherwise agreed in writing by the Local Planning Authority.  

 

The noise insulation scheme shall demonstrate that the external and internal noise levels recommended in British Standard 8233:2014 “Sound Insulation and noise reduction for buildings-Code of Practice” (or as superseded) shall be reasonably achieved and shall include a timescale for phased implementation, as necessary.  The scheme as approved shall be fully implemented before the residential use hereby permitted is occupied and shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority. 

 

Reason: To ensure that sufficient noise attenuation is provided to all residential properties to protect residents from the impact of local road noise and achieve an appropriate residential environment in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policy ESD15 of the Cherwell Local Plan 2011-2031 (Part 1), saved policy C28 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Housing Mix, Self/custom build Strategy

 

11.      As part of the submission of the first application for approval of Reserved Matters relating the Development a housing mix strategy shall be submitted to and agreed in writing by the Local Planning Authority. The submitted strategy shall set out:

 

i)    Anticipated housing mix for the development shall be for delivery of affordable homes as 25 to 30% of the homes as one-bedroomed properties, 30 to 35% as two-bedroomed properties, 30 to 35% as three-bedroomed properties and 5 to 10% as four+ bedroomed properties unless otherwise agreed with through the Reserved Matters submission. 

ii)   The submitted market mix shall also be agreed with the Local Planning Authority through the Reserved Matters and shall not substantially differ from the affordable housing mix.

iii) A Strategy for the delivery of self/custom build homes.

 

Reason: To achieve a balance of housing in accordance with Policy PR2 Cherwell Local Plan 2011-2031 (Part 1, Partial Review) 

 

12.      A Reserved Matters Submission within the redline of the outline application shall be accompanied by a statement outlining that all proposed residential properties are in compliance with national or local space standards, whichever provides a higher level of space. 

 

Reason: To achieve an appropriate residential environment in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policy ESD15 of the Cherwell Local Plan 2011-2031 (Part 1), saved policy C28 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Construction – no burning of waste, no reversing alarms, working hours

 

13.      As part of the Construction of Development there shall be:

i)    No burning of waste on the site.

ii)   No demolition, construction or engineering works, (including land reclamation, stabilisation, preparation, remediation or investigation), shall take place on any Sunday, Bank Holiday or Public Holiday, and such works shall only take place between the hours of 08.00 to 18.00 weekdays and 08.00 to 14.00 Saturdays. No plant, machinery or equipment associated with such works shall be started up or operational on the development site outside of these permitted hours. 

iii) No use of the audible 'beeping' reversing alarms on construction or construction delivery vehicles. Alternative vehicle alarms should be used such as the use of white noise, infrared, or visible alarm systems. 

 

Reason: To ensure that the amenities of neighbouring residents are not unduly inconvenienced by development of the site construction operations and in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policy ESD15 of the Cherwell Local Plan 2011-2031 (Part 1), saved policy C28 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework

 

Lighting

 

14.      No development above slab level shall take place until a detailed lighting strategy has been submitted to and agreed in writing by the Local Planning Authority. The details to be submitted shall include:

i)    Lighting for play

ii)   Lighting for public realm and walking and cycling routes

iii) Areas of ecological areas where lighting will be prohibited.

iv) A strategy for roads and development parcels.

v)  A strategy for mitigation to reduce light pollution during construction.

 

All lighting shall be installed in accordance with the approved details. 

 

Reason: To minimise light pollution from the construction and operational phase of development and to ensure that the proposals are in accordance with the principles of the outline submission in accordance with Policy PR7b of the Cherwell Local Plan 20112031 (Part 1, Partial Review), Policies ESD10 and ESD15 of the Cherwell Local Plan  2011-2031 (Part 1), saved policy C28 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework

 

Water supply and Foul water drainage

 

15.      i) Any Reserved Matters shall include a detailed surface water strategy and drainage plans relating to that Reserved Matters submission. The strategy shall demonstrate how the management of water within the submission accords with the approved details of the outline Flood Risk Assessment. The strategy shall maximise the use of measures to control water at source as far as practicable to limit the rate and quantity of run-off and improve the quality of any run-off before it leaves the Reserved Matters site or joins any water body.

ii) The submitted strategy shall include details of all flow control systems and the design, location and capacity of all strategic SuDS features within the Reserved Matters submission and shall include ownership, long-term adoption, management and maintenance schemes and monitoring arrangements/responsibilities relating to that Reserved Matters submission. The strategy should also demonstrate that the exceedance of the designed system has been considered through the provision of overland flow routes. 

iii) The development of each Reserved Matters submission shall be carried out in full accordance with the approved detailed surface water strategy for that Reserved Matters submission and that development shall not be occupied or used until such time as the approved detailed surface water measures serving that building have been fully completed in accordance with the approved details.  

 

Reason: In order to reduce the risk of flooding, to ensure adequate flood control, maintenance and efficient use and management of water within the site, to ensure the quality of the water entering receiving water courses is appropriate and monitored and to promote the use of sustainable urban drainage systems to limit the volume and rate of water leaving the site and to ensure new environments and habitats are formed across the site in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policies ESD6 and ESD7 of the Cherwell Local Plan 20112031 (Part 1) and the aims and objectives of the National Planning Policy Framework

 

LAP details

 

16.      a) Any Reserved Matters submission which incorporates Local Areas of Play (LAPs), Sites for Imaginative Play (SiPs) or other areas of informal play in accordance with the Site-Wide Youth and Play Strategy shall include details of site levels, play features, seating, pathways, planting and landscaping relating to that LAP, SiP or other area of informal play and a strategy for their implementation and management.

 

b) The development of each Development Parcel shall be carried out in accordance with the relevant agreed details and retained thereafter.

 

c) Any trees or planting which form part of an agreed scheme pursuant to this condition and which should die or require replacement within the first 5 years after completion of the scheme shall be replaced as soon as practicable in the first available planting season.

 

Reason: To ensure that the proposals deliver appropriate an amount and variety of recreational opportunities for all ages in accordance with the submitted illustrative masterplan in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policies BSC11 and ESD15 of the Cherwell Local Plan 2011-2031 (Part 1) and the aims and objectives of the National Planning Policy Framework

 

Site levels and Groundworks details

 

17.      a) Notwithstanding the approved plans, as part of the Reserved Matters, details shall be submitted of site levels, earthworks and ground contamination for that Reserved Matters area to include protection of ground to be reinstated to landscape; methodology of any soil stripping, storage, handling, formation level decompaction, and soil re-spreading.

b) All groundworks for that development should be carried out in accordance with the approved details  

 

Reason: To ensure that risks from the movement of soil and construction activity associated with development are appropriately managed throughout the construction timescale and across the delivery of the development appropriate to neighbouring land uses, together with managing controlled waters, property and ecological systems, neighbours and other offsite receptors in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policies ESD15 and BSC11 of the Cherwell Local Plan 2011-2031 (Part 1) and the aims and objectives of the National Planning Policy Framework

 

Fibre Optic Implementation

 

18.      a) As part of the Reserved Matters submission for any Development Parcel, a strategy shall be submitted to and agreed in writing by the Local Planning Authority to demonstrate the completion of infrastructure to facilitate the provision of fibre optic cable to each Development Parcel upon the completion of the infrastructure in accordance with the approved site wide strategy. 

 

b) The scheme shall be implemented in accordance with the agreed timescales and retained thereafter.  

 

Reason: To provide appropriate and sustainable infrastructure for high-speed internet connection in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policy ESD15 of the Cherwell Local Plan 2011-2031 (Part 1) and the aims and objectives of the National Planning Policy Framework

 

Tree/Hedgerow management during construction and replacement and new planting

 

19.      As part of the Reserved Matters submission a strategy and associated plans for the following shall be submitted to and agreed in writing by the Local Planning Authority. 

 

i)    A strategy for the ongoing management, felling and replacement planting of existing trees within or adjacent to the development. 

ii)   A strategy for other standalone and groups of trees and hedgerows on the within the Reserved Matters.

iii)  Details of tree protection measures relating to that Development Parcel in accordance with BS5837:2012 (or succeeding and/or replacement legislation) to be maintained throughout construction.

iv) A strategy for implementation and retention of new and existing trees, tree groups, tree belts or hedgerows within the Development Parcel

 

b) The development of each Development Parcel shall be implemented in accordance with the agreed strategy and timescale relating to that Development Parcel and retained thereafter. 

 

Reason: To ensure that the proposals deliver appropriate management and retention of the existing tree cover to the site in accordance with the submitted Landscape Strategy and Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 (Part 1) and the aims and objectives of the National Planning Policy Framework

 

Parking and sustainable travel strategy – including EV charging

 

20.      As part of the Reserved Matters submission a strategy shall be set out for the car parking ratio in accordance with maximum levels set out in Oxfordshire County Council Parking Standards. The submitted Strategy shall be based on:

 

i)    Reducing car parking provision below the maximum ratio based on location in relation to facilities and type of housing.

ii)   The provision of electric vehicle charging points to all properties and to include a minimum of 50% to communal car parking and to all disabled parking spaces.

iii) For residential purposes cycle parking should be within a covered, lockable enclosure in a convenient, secure location, with visitor parking located as near as possible to the main entrance of buildings.

iv) All cycle parking should be designed and located to minimise conflict between cycles, pedestrians and vehicles. 

 

b) The approved scheme shall be implemented in accordance with the agreed strategy relevant to reserved matters submission.

 

Reason: To ensure the satisfactory functioning of the development, to promote the use of a range of modes of transport and minimise the use of the car in accordance with Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 (Part 1) and the aims and objectives of the National Planning Policy Framework.

 

Waste and Recycling Facilities

 

21.      a) The Reserved Matters submission will include details of proposed refuse and waste recycling facilities for the proposed building(s) in that submission.

 

b) The approved scheme for any individual building shall be implemented before that building is brought into use and shall be thereafter retained. 

 

c) No materials, goods or refuse shall be stored or deposited in the open on any part of the site at any time, other than as may be associated with construction on the site.

 

Reason: To ensure the satisfactory appearance and functioning of the development, and to promote recycling in accordance with the requirements of Policy PR7b of the Cherwell Local Plan 2011-2031 (Part 1, Partial Review), Policy ESD15 of the Cherwell Local Plan 2011-2031 (Part 1) and the aims and objectives of the National Planning Policy Framework