Agenda item

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

The Committee considered application 23/00334/F for the erection of a single dwelling, alterations to existing access off Orchard Piece, felling of 6 Category C trees at Land To The North West Of Old Farm House Adjoining Orchard Piece, Mollington for Mr T Hill and Ms K North.

 

Lousie Steele on behalf of the agent for the applicant, Framptons Town Planning Limited and on behalf of Mr Michael Boik, local resident, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report, presentation, address from the public speaker and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation, application 23/00334/F be approved subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and 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 to the Minutes, as set out in the Minute book (and any amendments deemed necessary).

 

Conditions

 

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.

 

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

 

·         Location/Block Plan, drawing number 5624.01 Rev B

·         Proposed Floor Plans/Roof Plan, drawing number 5624.02 Rev C

·         Proposed South and West Elevations, drawing number 5624.03 Rev D

·         Proposed North and East Elevations, drawing number 5624.04 Rev C

·         Tree Constraints Plan, drawing number 11548 Tcp 01

·         Mollington Topographical Survey, drawing number 1215 1319 1

·         Renovation of Existing Outbuilding, drawing number 5624.05

·         Arboricultural Impact Assessment

·         Ecological Report  Biodiversity Net Gain Feasibility Study

·         Biodiversity Net Gain Feasibility Study – Appendix 1

·         Biodiversity Net Gain Feasibility Study – Appendix 2

·         Biodiversity Net Gain Feasibility Study – Appendix 3  NSP Certificate

·         Biodiversity Impact Map v1 

 

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.

 

3.         No development shall commence above slab level unless and until a stone sample panel (minimum 1m2 in size) has been constructed on site and has been inspected and approved in writing by the Local Planning Authority. The new stonework to be used in the construction of the external walls of the new dwelling hereby approved shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel, and shall be retained as such thereafter.

 

Reason – In the interests of the character and appearance of the area 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.

 

4.         No development shall commence above slab level unless and until samples of the slate to be used externally in the construction of the roof of the new buildings hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the sample approved and shall be retained as such thereafter.

 

Reason – To ensure the satisfactory appearance of the completed development and to preserve the character and appearance of the area and designated heritage asset, to comply with Policy ESD15 of the Cherwell Local Plan 20112031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy  Framework.

 

5.         No development shall commence above slab level unless and until a schedule of any external materials not included within Condition 3 or 4 have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the sample approved and shall be retained as such thereafter.

 

Reason – To ensure the satisfactory appearance of the completed development and to preserve the character and appearance of the area and designated heritage asset, to comply with Policy ESD15 of the Cherwell Local Plan 20112031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

6.         Prior to their installation in the development, full details of the doors, windows and rooflights hereby approved, at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to an approved in writing by the Local Planning Authority. The doors and windows shall not be installed within the building other than in accordance with the approved details and shall be retained as such thereafter.   Reason – To ensure the satisfactory appearance of the completed development and to preserve the character and appearance of the area, 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.

 

7.         Prior to the first occupation of the development hereby approved, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site shall include:- 

 

(a)   details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas.

 

(b)   details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

 

(c)   details of the hard surface areas, including pavements, pedestrian areas, reduced-dig areas, crossing points and steps.

 

(d)   details of boundary treatments.  The development shall be carried out in strict accordance with the approved landscaping scheme and the hard landscape elements shall be carried out prior to the first occupation/use of the development and shall be retained as such thereafter.

 

Reason – In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the 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.

 

8.         All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner. Any trees, herbaceous planting and shrubs which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the current/next planting season with others of similar size and species. 

 

Reason – In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the 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.

 

 

9.         No retained tree shall be cut down, uprooted, damaged or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS3998: Recommendations for Tree Works. 

 

If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted in the same place in the next planting season following the removal of that tree, full details of which shall be firstly submitted to and approved in writing by the Local Planning Authority.

 

In this condition a “retained tree” is an existing tree which shall be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) shall have effect until the expiration of five years from the date of the decision.

 

Reason - In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the 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.

 

10.      Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS), undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, all works on site shall be carried out in accordance with the approved AMS.

 

Reason - To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing built environment and to comply with Policy C28 of the adopted Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

11.      Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, 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.

 

12.      Prior to the commencement of the development hereby approved, a plan showing car parking provision for 2 spaces to be accommodated within the site, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the parking spaces shall be laid out in accordance with the approved details and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site and the car parking spaces shall be retained in accordance with this condition for the parking of vehicles at all times thereafter.

 

Reason - In the interests of highway safety, to ensure the provision of off-street car parking and to comply with Government guidance contained within the National Planning Policy Framework.

 

13.      No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include as a minimum:

a) Risk assessment of potentially damaging construction activities; 

b) Identification of ‘Biodiversity Protection Zones’;

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

d) The location and timing of sensitive works to avoid harm to biodiversity features;

e) The times during construction when specialist ecologists need to be present on site to oversee works;

f) Responsible persons and lines of communication;

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

h) Use of protective fences, exclusion barriers and warning signs 

 

The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason - To conserve and enhance biodiversity and prevent the spread of nonnative species in accordance with Government guidance contained within the National Planning Policy Framework.

 

14.      Prior to the commencement above slab level of the development hereby approved, full details of a scheme for the location of bat, bird, owl and invertebrate boxes on the dwelling shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the occupation of any building, the bat, bird, owl and invertebrate boxes shall be installed on the site 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.

 

15.      No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s Organisational Licence (WML-OR112, or a ‘Further Licence’) and with the proposals detailed on plan “Land formerly  known as ‘Beggar’s Boy Cottage’: Impact Plan for great crested newt District Licensing (Version 1)”, dated 13th September 2023. 

 

Reason - In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence (WML-OR112, or a ‘Further Licence’), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 200

 

16.      No development hereby permitted shall take place except in accordance with Part 1 of the Great Crested Newt Mitigation Principles, as set out in the District Licence WML-OR112 (or a ‘Further Licence’), and in addition in compliance with the following:

 

·         Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians.  

 

Reason - In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WML-OR112, or a ‘Further Licence’), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 200

 

17.      Notwithstanding the provisions of Classes A to E (inc.) of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order with or without modification) the approved dwelling shall not be extended, nor shall any structures be erected within the curtilage of the said dwelling, without the grant of further specific planning permission from the Local Planning Authority. 

 

Reason – In the interests of the character and appearance of the area and in the interests of sustainable 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.