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 22/00747/OUT, an outline application for the development of up to 370 homes, public open space (including play areas and woodland planting), sports pitches and pavilion, drainage and engineering works, with all matters reserved (appearance, landscaping, layout and scale) except for vehicular and emergency accesses to Bicester Road for Barwood Development Securities Limited and the Trustees of The Philip King Homes Trust at Land At Bicester Road, Kidlington.

 

Keith Fenwick, on behalf of the agent for the applicant, Pegasus, addressed the Committee in support of the application.

 

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

 

Resolved

 

That application 22/00747/OUT, in line with the officer’s recommendation, 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 necessary mitigation as set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary)

 

a.    Provision of 50% affordable housing on site

b.    On site green space and recreational routes in particular to the south and west of the site and appropriate maintenance contribution/arrangements. 

c.    Payment of a financial contribution towards proportionate highway contributions as set out in Appendix 4 of the Partial Review Local Plan. 

d.    Payment of a financial contribution towards Community Hall and Development, Outdoor and indoor sport contributions or facilitating the delivery on site. 

e.    Payment of a financial contribution towards Healthcare

f.     Payment of a financial contribution towards Education

g.    Payment of a financial contribution towards Library Services

h.    Payment of a financial contribution towards Police 

i.      Appropriate arrangements for Open Space Management

j.      Payment of the Council’s monitoring costs of £10,000 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 approved accesses to Bicester Road shown on plan 10669-SK-05 Rev D) 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: Site Location Plan - CSA/3263/118 Rev A

Development Framework Plan - CSA/3263/123 Rev H

Illustrative Landscape Strategy - CSA/3263/124 Rev A

Access Strategy - 10669-SK-05 Rev D

Topographical Survey - 36516_T Rev 0

 

Documents: Planning Statement (incl Affordable Housing Statement and draft S106 HoT) (Pegasus P18-2523PL – March 2022) 

Employment, Skills and Training Plan (Pegasus P18-2523 – March 2022)

Health Impact Assessment (Pegasus P18-2523/R001v5)

Air Quality Assessment (Brookbanks 10669 AQ01 Rv 1)

Flood Risk Assessment (Brookbanks 10669 FRA01 Rv 1)

Foul Water Strategy Technical Note (Brookbanks 10669 TN12 - Rv2)

Geo?Environmental Phase 1 Desk Study (Brookbanks 10669 DS01 Rv 1) 

Noise Assessment (Brookbanks 10669 NA01 Rv 1)

Transport Assessment (Brookbanks 10669 TA01 Rv1) 

Transport Technical Note 11: Response to Oxfordshire County Council (OCC) (Brookbanks Version 1 dated 22 June 2023)

Residential Travel Plan (Brookbanks 10669 TP01 Rv 1) 

Service Supply Statement (Brookbanks 10669 SS01 Rv 1) 

Design & Access Statement Part 1 (incl PROW statement) (CSA/3263/12/Rev B – March - 2022) 

Biodiversity Improvement & Landscape Management Plan (CSA/3263/10/Rev D) 

Ecological Impact Assessment (incl BNG Assessment, DEFRA Metric 3.0 Rev 1.3) (CSA/3263/09/Rev B) 

Heritage Assessment (CSA/3263/07 Rev B) 

Landscape and Visual Impact Assessment (CSA/3263/06 Rev A)

Arboricultural Impact Assessment (BHA C.2999 – 22 Feb 2022)

Archaeological Evaluation Report (Oxford Archaeology, Issue 1, GOLEV)

Archaeological Geophysical Survey (MOLA Report 21/079, Site Code KID 21) 

 

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 Reserved Matters submissions, all such submissions shall follow the principles and parameters of the Development Framework Plan (reference: CSA/3263/123 Rev H) and Illustrative Landscape Strategy (reference: CSA/3263/124 Rev A) in the established parameters for future development. In particular:

-       A maximum height of two storey development adjacent to existing properties on Water Eaton Lane

-       Creation of a minimum of 4ha new sports pitches to the south of the development with changing and car parking facilities

-       Allotments to be provided at the southeastern corner of the developable area

-       Formal play provision including a combined NEAP/LEAP/MUGA on the western boundary and a combined LEAP/LAP on the east of the application site

-       Sustainable drainage to the east of the site

-       Pedestrian and cycle access to the Bicester Road on the Western boundary

-       New landscaping and planting to the existing cemetery and boundaries of the application site.

 

Reason – To ensure that the Reserved Matters is delivered in accordance with the principles of the outline planning application submission and the principal constraints identified in the submission, Council’s design guidance and Policies PR1, PR2, PR3, PR4a, PR5, PR7a, PR11 and PR12a of the Cherwell Local Plan 2011-2031 Part 1 (Partial Review) and the aims and objectives of the National Planning Policy Framework.

 

Phasing

 

5.            Prior to the commencement of development or as part of the first Reserved Matters submission a phasing plan shall be submitted to and agreed in writing by the Local Planning Authority. The Phasing plan shall include full details of the development parcels (including affordable housing), open space and sport pitches delivery, roads, cycleways and footpaths, including construction access, play facilities, allotments and new landscaping of the development proposed to take place within that approved phase. The development shall be carried out in accordance with the approved phasing plan.

 

Reason: To ensure that the development is delivered in an appropriate manner and to ensure that on-site facilities are delivered in an appropriate manner and at a time to deliver facilities and infrastructure to the benefit of future residential occupiers. The proposals would be in accordance with Policies PR1, PR2, PR3, PR4a, PR5, PR7a, PR11 and PR12a of the Cherwell Local Plan 2011-2031 Part 1 (Partial Review), Policies SLE4, BSC7-BSC12, ESD10, ESD13, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 Part 1 (and the aims and objectives of the National Planning Policy Framework.

 

Access onto Bicester Road 

 

6.            No development shall take place until revised details of the means of access between the land and the highway, including, position and layout have been submitted to and approved in writing by the Local Planning Authority. The means of access shall be constructed in strict accordance with the approved details and shall be retained and maintained as such thereafter. 

 

Reason - In the interests of highway safety and to comply with Policies PR1, PR4a, PR7a and PR12a of the Cherwell Local Plan 2011-2031 Part 1 (Partial Review) and Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

Archaeology

 

7.            i) No development shall take place until a professional archaeological organisation acceptable to the Local Planning Authority has prepared an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority.

ii). Following the approval of the Written Scheme of Investigation referred to in condition i, and prior to any demolition on the site and the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a programme of archaeological mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority within two years of the completion of the archaeological fieldwork.

 

Reason – To safeguard the identification, recording, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with the NPPF (2021).

 

Remediation/Contaminated Land

 

8.            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 which shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's Land contamination risk management (LCRM) and 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 phased scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use which 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 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 phased 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)

 

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

 

-       The measures to be taken to ensure construction works do not adversely affect residential properties on Water Eaton lane and 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

-       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 PR7a 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

 

10.         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 site shall be managed in accordance with the details of the approved 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.

 

Sports Pitches (drainage, etc)

 

11.         The playing pitches shall not be laid out unless and until: 

 

a)    a detailed assessment of ground conditions of the land proposed for the new playing pitches has been undertaken (including drainage and topography) to identify constraints which could affect playing field quality; and 

 

b)    based on the results of the assessment to be carried out pursuant to (a) above of this condition, a detailed remediation scheme to ensure that the playing fields will be provided to an acceptable quality (including appropriate drainage where necessary) and which sets out an implementation strategy for the works and approach to public access has been submitted to and approved in writing by the Local Planning Authority

 

c)    Detailed submissions with regard to the layout, lighting (including light spillage details), permanent sports equipment and practice areas. 

 

 

The development of the playing pitches shall be carried out in accordance with the approved scheme and retained thereafter.

 

Reason: To ensure that the proposals deliver appropriate an amount and variety of sport and recreational opportunities for all ages in accordance with the submitted outline details and in accordance with the requirements of Policies PR3, PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD13, ESD15 and ESD17 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.

 

Allotments (sheds, etc)

 

12.         The Reserved Matters submissions for any Development Parcel or Landscaping Element which incorporates 0.4ha allotment provision (excluding car parking) shall where appropriate include the following details: 

 

a)    A plan of the allotments, principles of plot layout and design providing for a range of plot sizes designed to allow flexibility to meet the needs of future plot holders; areas for communal storage of, for example, manure and compost;

b)    Confirmation that the site of the proposed allotments is free from contamination and capable of growing fruit and vegetables for human consumption;

c)    Proposed management arrangements for the allotments (including topsoil and soil provision/management) including consultation with relevant bodies; 

d)    Access and parking arrangements to allow easy and safe access to the allotments;

e)    Details of the ancillary features (e.g. bins, seats, water butts, greenhouses and sheds); 

f)     Boundary treatment, including security arrangements for the allotments;

g)    Water supply, including use of stored rainwater and SuDS for watering crop and drainage arrangements to ensure that the proposed site for the allotments is free draining and does not impact on the wider drainage network (e.g. through silting up of the drainage network).

 

ii) The provision of allotments shall be carried out in accordance with the approved details and in accordance with the approved phasing programme.

 

Reason: To ensure that the detail of allotments are delivered in a manner that delivers an appropriate recreational facility for future users in accordance with the requirements of Policies PR5 and PR7a of the Cherwell Local Plan 20112031 (Partial Review), Policies ESD13, ESD15 and ESD17 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.

 

Landscaping Strategy and Management

 

13.         a) As part of the Reserved Matters submission in any phase of development 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 Illustrative Landscape Strategy (reference: CSA/3263/124 Rev A) 

 

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 Policies PR3, PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD10, ESD13, ESD15 and ESD17 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.

 

Community Building detail 

 

14.         a) Prior to or concurrently with the Reserved Matters submission for the Sports Pitches shown on the approved illustrative masterplan, details for the detail of related changing rooms and associated facilities for such Sports Pitches shall be submitted to and agreed in writing by the Local Planning Authority. The details shall include:

i)    A building of no less than 250sqm and with changing rooms and facilities to Sport England standards.

ii)   Social space with bar and facilities for the community and sports teams

iii) Car parking, including disabled parking provision, minibus parking and electric vehicle charging points with ability to adapt spaces to accommodate further minibus parking. 

iv) Cycle parking provision including provision for e-scooter and e-bike charging

v)  Storage for sports and training equipment

vi) Measures to reduce energy, heating and water consumption and adapt to the requirements as a minimum of the equivalent of BREEAM Very Good and mitigate for climate change.

 

b) The development of the Community Building and parking shall be carried out in accordance with the approved details and to an agreed timescale and retained thereafter

Reason: To ensure that the proposals deliver appropriate an amount and variety of sport, changing and recreational opportunities for all ages in accordance with the requirements of Policies PR3, PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies BSC10,BSC11, ESD13, ESD15 and ESD17 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.

 

Housing Sustainability standard

 

15.      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 including the use of renewable energy provision.

 

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 PR7a of the Cherwell Local Plan 20112031 (Partial Review), Policies ESD1-ESD5 of the Cherwell Local Plan 2011-2031

 

Noise Mitigation

 

16.      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 Bicester Road 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 in accordance with Policies PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD15 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Housing Mix, Self/custom build Strategy

 

17.      Prior to the submission of the first application for approval of Reserved Matters relating to the first Development Parcel including residential development within each Phase a housing mix strategy shall be submitted to and agreed in writing by the Local Planning Authority. The submitted strategy shall set out in relation to that Phase:

 

          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 and to ensure that the affordable housing proposals appear tenure blind to market housing, in accordance with Policy PR2 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review) and the aims and objectives of the National Planning Policy Framework.

 

Residential Space Standards

 

18.      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 standard of housing in accordance with Policy PR2 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review) and the aims and objectives of the National Planning Policy Framework.

 

Lighting

 

19.      No occupation shall take place on any phase a detailed lighting strategy has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.  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.

 

Reason: To minimise light pollution from the construction and operational phase of development and to ensure that the proposals are in accordance Policies PR3, PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies BSC10, BSC11, ESD13, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Water supply and Foul water drainage

 

20.      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 (Flood Risk Assessment (Brookbanks 10669 FRA01 Rv 1) and Foul Water Strategy Technical Note (Brookbanks 10669 TN12 - Rv2)). 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 no development approved by that Reserved Matters submission shall be occupied or used until such time as the approved detailed surface water measures serving that development 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 Policies PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD6, ESD7, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Formal play equipment detail

 

21.      a) The Reserved Matters submission which includes the combined Multi-Use Games Area (MUGA), Neighbourhood Equipped Area of Play (NEAP), and Local Equipped Areas of Play (LEAPs) and on the western side of the development or the combined LEAP and Local Area of Play (LAP) to the eastern edge shall include details of site levels, play features and facilities for an appropriate age of children and youth provision, seating, pathways, planting and landscaping relating to that play facility and a strategy for its 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 an appropriate amount and variety of recreational opportunities for all ages in accordance with the submitted outline application and in accordance with Policies PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies BSC10, BSC11, ESD6, ESD7, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

LAP details

 

22.      a) The Reserved Matters submission which incorporates additional Local Areas of Play (LAPs), Sites for Imaginative Play (SiPs) or other areas of informal play 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 outline application and in accordance with Policies PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies BSC10, BSC11, ESD6, ESD7, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Community Orchard/Edible Landscape

 

23.      As part of the Reserved Matters submission which incorporates new groups of tree planting, shall consider the provision of community orchards and an edible landscape, and, should those be proposed the following details relating to any such provision shall be submitted to the Local Planning Authority for approval in writing:

 

          i.       details of site levels and soil preparation,

         ii.       planting to promote an edible landscape including fruit trees, shrubs and bushes,

        iii.       boundary treatment and hedgerow planting,

        iv.       any ancillary features such as seating, bins (including dog bins), 

         v.       arrangements for implementation and management of the area for the future community.

 

b) The development of such community orchards shall be carried out in accordance with the 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 opportunities for tree planting, healthy lifestyles and wildlife foraging and in accordance with Policies PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies BSC10, BSC11, ESD6, ESD7, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Site levels and Groundworks details

 

24.      a) Notwithstanding the approved plans, as part of the Reserved Matters, details, which shall be approved in writing by the Local Planning Authority, 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 PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Fibre Optic Implementation

 

25.      As part of the Reserved Matters submission for any Development Parcel or Phase of Development, 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 details and timescales and retained thereafter. 

 

Reason: To provide appropriate and sustainable infrastructure for high speed internet connection in accordance with Policies To achieve a balance of housing in accordance with Policy PR7a, PR11 and PR12 of the Cherwell Local Plan 2011-2031 Part 1 (Partial Review) and the aims and objectives of the National Planning Policy Framework.

 

Tree/Hedgerow management during construction and replacement and new planting

 

26.      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 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 PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Parking and sustainable travel strategy – including EV charging

 

27.      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 provide appropriate and sustainable infrastructure for charging infrastructure for electric vehicles in accordance with Policies To achieve a balance of housing in accordance with Policy PR7a, PR11 and PR12 of the Cherwell Local Plan 2011-2031 Part 1 (Partial Review) and the aims and objectives of the National Planning Policy Framework.

 

Waste and Recycling Facilities

 

28.      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 PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

 

Residential Travel Information Pack

 

29.      Prior to first occupation a Residential Travel Plan and Travel Information Pack should be submitted to and approved in writing by the Local Planning Authority. The Travel Plan is to be updated on occupation of 50% of the site (180th dwelling). The development shall be implemented in accordance with the approved Travel Plan including the updated version as relevant. 

 

Reason: To promote sustainable modes of transport in accordance with Policies PR4a and PR7a of the Cherwell Local Plan 2011-2031 Part 1 (Partial Review) and the aims and objectives of the National Planning Policy Framework.