Decision:
Approved in line with the officer recommendation, subject to conditions and S106 legal agreement, details to be set out in the minutes.
Minutes:
The Committee considered application 22/03883/F, for the development of 96 dwellings (50% affordable housing), an extension to Bicester Road Cemetery with associated access (from Bicester Road), open space, landscaping and infrastructure at Land North Of 66 And Adjacent Water Eaton Lane Gosford for Hill Residential Ltd.
Glyn Mutton, on behalf of the applicant, Hill Residential Limited, addressed the Committee in support of the application.
In reaching its decision the Committee considered the officers’ report, presentation, addresses from the public speaker and the written updates.
Resolved
That, in line with the officer’s recommendation, application 22/03883/F be delegated to the Assistant Director for Planning and Development to approve subject to:
i. The resolution of the Environment Agency objection to the satisfaction of the Assistant Director;
ii. The expiry of the consultation period to grant permission;
iii. The conditions set out below (and any amendments to those conditions as deemed necessary) and;
iv. 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).
a. Provision of 50% affordable housing on site
b. On site green space and recreational routes and appropriate maintenance contribution/arrangements including proportionate contributions towards the formal provision provided as part of the southern half of the PR7a allocation.
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 the southern half of the PR7a allocation
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. Appropriate arrangements for the delivery and transfer of the cemetery extension to Kidlington Parish Council.
k. Payment of the Council’s monitoring costs of £5,000 plus OCC Monitoring Costs
l. For completeness - a controlled parking zone (CPZ) or other such controls should not be included in the s106 unless deemed by the Local Planning Authority to meet the legal tests for inclusion in a s106 Agreement
m. The securing of the requirement for the applicant to submit a scheme to secure a private scheme of resident parking to deter commuter parking within the development to mirror the operation of a CPZ prior to the formal TRO process.
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:
Site Location Plan - 141 PS 110
Topographical Survey - A524/99991/1 Rev A
Proposed Site Plan - 141-PS-100 Rev U
Illustrative Landscape Masterplan - 22027-GUA-DR-L-001 Rev P10
Outline Soft Landscape Proposals - 22027-GUA-DR-L-002 Rev P08
Outline Hard Landscape Proposals - 22027-GUA-DR-L-003 Rev P07
Outline Boundary Treatment Plan - 22027-GUA-DR-L-005 Rev P06
Plant Schedule and Outline Specification - 22027-GUA-DR-L-006 Rev P04
3D View - Bicester Road - 141-PS-601 Rev D
3D View - Open Space - 141-PS-602 Rev B
3D View - SUDs Features - 141-PS-603 Rev B
Central Parking Court View - 141-PS-605 Rev B
Primary Route View - 141-PS-606 Rev B
Cycle Route (North) - 141-PS-607 Rev A
Cycle Route (South) - 141-PS-608 Rev A
Northern Amenity Space - 141-PS-609 Rev A
Streetscenes J-J - 141-511 Rev A
Streetscenes K-K - 141-512 Rev A
Housetype 5B9P-1 - M4(3) Adaptable- 141-MC-5B9P-1-M4(3)
Housetype 3B6P-1 - 141-AC-3B6P-1-Semi-2 Rev B
Housetype 3B6P-1 - 141-AC-3B6P-1-Semi-1 Rev B
Housetype 3B6P-1 - 141-AC-3B6P-1-Semi-2 Rev A
Housetype 4B8P-1 - 141-AC-4B8P-1-1 Rev E
Housetype 4B8P-1 - 141-AC-4B8P-1-2 Rev D
Housetype 4B8P-1 Corner - 141-AC-4B8P-1-Corner Rev E
Housetype 2B4P-2 - 141-AFF-2B4P-2-Semi-1 Rev B
Housetype 2B4P-2 - 141-AFF-2B4P-2-Semi-2 Rev C
Housetype 2B4P-1 - 141-AC-2B4P-1-Semi-1 Rev B
Housetype 2B4P-1 - 141-AC-2B4P-1-Semi-2 Rev B
Housetype 2B4P-1 - 141-AC-2B4P-1-Terrace-1 Rev D
Housetype 2B4P-1 - 141-AC-2B4P-1-Terrace-2 Rev E
Housetype 3B6P-1 - 141-AC-3B6P-1-Det-1 Rev B
Housetype 3B6P-1 - 141-AC-3B6P-1-Det-2 Rev B
Housetype 5B9P-1 - 141-MC-5B9P-1 Rev E
Housetype 5B9P-1 - M4(3) Adaptable - 141-MC-5B9P-1-M4(3) Rev B
Housetype 5B9P-1 - 141-MC-5B9P-1-Vista Rev C
Housetype 3B-5P-1 - 141-BS-3B-5P-Det-Corner Rev B
Housetype 3B-5P-1 - 141-BS-3B-5P-Det-Vista Rev B
Housetype 3B5P-1 - 3B6P-1 - 141-BS-3B-5P-MT Rev B
Housetype 3B-5P-1 - 141-BS-3B-5P-Semi-1 Rev B
Housetype 3B-5P-1 - 141-BS-3B-5P-Semi-Vista Rev B
Housetype 3B6P-1-4B7P-1 - 141-BS-AFF-3B6P-1-AFF-4B-7P Rev D
Housetype 3B6P-1 - 141-BS-AFF-3B6P-1-C Rev D
Housetype 3B6P-1 Semi - 141-BS-AFF-3B6P-1-S Rev B
Housetype 3B6P-1 Semi 2 - 141-BS-AFF-3B6P-1-S2 Rev B
Housetype 3B6P-1 Terrace - 141-BS-AFF-3B6P-1-T Rev D
Housetype - 4B7P-1 - 141-BS-AFF-4B7P-1 Rev A
Apartment 02 Elevations - 141-APT-02-E Rev G
Apartment 02 Plans - 141-APT-02-P Rev F
Apartment 01 Elevations - 141-APT-01-E Rev H
Apartment 01 Plans - 141-APT-01-P Rev H
Bike Store Apartment - 141-Bike Store 01 Rev C
Bin Store 01 - 141-Bin Store 01 Rev B
Bin Store 02 - 141-Bin Store 01 Rev D
Detached Double Garage - 141-Double Garage
Electric Substation - 141-Electric Substation Rev B
Detached Twin Garage - 141-Twin Garage
Detached Single Garage - 141-Single Garage
Documents:
Design and Access Statement (September 2023)
Energy Statement (December 2022)
Service Supply Statement (ref. 10869 SS01 Rv0)
Planning Statement (December 2022)
Health Impact Assessment (November 2022)
Travel Plan (rev C)
Transport Statement (rev C) and Addendum (September 2023)
Land Management & Maintenance Plan (ref. 22027-GUA-DOC-L-001 rev P02)
Landscape & Visual Appraisal (ref. 22027-GUA-DOC-L-001 rev P05)
Social Value Delivery Plan (rev 1)
Written Scheme of Investigation for a Geophysical Survey (April 2023)
Flood Risk Assessment / Drainage Strategy (rev C) and Addendum (September 2023)
Air Quality Assessment (ref. H3115 – AQ – v2)
Arboricultural Impact Assessment (ref. EAS-143 V2)
Phase 1 Environmental Report (ref. CRM.1027.052.GE.R.001)
Biodiversity Net Gain Design State Report (December 2022)
Ecology Assessment (rev 1.1)
Geo-Environmental Report (ref. CRM.1027.132.GE.R.001.A)
Geophysical Survey Report (07 March 2023)
Kidlington Cemetery Groundwater Risk Assessment (ref. CRM.1027.052 GE.R.002A T1/T2 GRA)
Drainage Strategy (ref. 517-P-010-C)
Noise Assessment (ref. H3115 – NV – v4)
Plant Schedule and Outline Specification (ref. 20027-GUA-DR-006-P04)
Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with Government guidance contained within the National Planning Policy Framework.
CEMP
3. No development shall take place until a Construction and Environmental Management Plan (CEMP) has been submitted to and agreed in writing by the Local Planning Authority. The details shall include the following:
ii) Working hours and construction traffic delivery times;
iii) 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
iv) Measures to minimise energy requirements and emissions from equipment and plant (including minimising the use of diesel or petrol powered generators and instead using mains electricity or battery powered equipment; powering down of equipment / plant during periods of non-utilisation; optimising vehicle utilisation; use of energy efficient lighting)
v) 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
vi) Measures to minimise greenhouse gas emissions associated with the production of waste including the reuse and recovery of materials where possible, avoid excavation waste, management of water and water resources, the reuse and/or recycling of construction waste on-site in subsequent stages of the development.
vii) Measures to reduce the impact on neighbouring and nearby residents and associated temporary fencing, lighting and construction compounds and activity through the operational phase of development
viii) Details of site management including a method for creation of logging of visitors and contractors on site, the monitoring incidents and complaints), including monitoring and reporting (including site inspections, soiling checks, compliance with Dust Management plan, etc) and, where appropriate, CCTV and tracking of contractor vehicles to ensure appropriate routing of vehicles
The development shall be constructed in accordance with the agreed Construction and Environmental Management Plan.
LEMP
4. Notwithstanding the submitted Land Management & Maintenance Plan (ref. 22027-GUA-DOC-L-001 rev P02), 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.
Ground conditions
5. If, during remediation or construction works, any additional or unexpected contamination is identified, then remediation proposals for this material should be agreed in writing by the Local Planning Authority before any works proceed and shall be fully implemented prior to first occupation of the dwellings hereby approved.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved Policies ENV1 and ENV12 of the Cherwell Local Plan 1996.
Access onto Bicester Road
6. No development shall take place until details of the means of access (shown on Proposed Site Plan - 141-PS-100 Rev U) between the land and the highway, including, sections, drainage 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. No development shall take place until (other than in accordance with the agreed and submitted Written Scheme of Investigation: Written Scheme of Investigation for an Archaeological Evaluation on the Gosford Site, Bicester Road Pre Construct Archaeology 2023), a staged programme of archaeological evaluation and mitigation has been 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 (2023).
Drainage and Water
8. i) No development shall take place until a detailed surface water strategy, water supply and foul drainage plans to demonstrate how the management of water within the approved development accords with the overarching Drainage Strategy (ref 517-P-010 Rev C) and the approved Flood Risk Assessment and associated documents has been submitted to and approved in writing by the Local Planning Authority.
ii) The submitted strategy shall include details of all flow control systems and the design, location and capacity of all strategic SuDS features and shall include ownership, long-term adoption, management and maintenance schemes and monitoring arrangements/responsibilities. 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 shall be carried out in full accordance with the approved detailed surface water strategy, water supply and foul drainage plans and no building shall be occupied or used until such time as the approved detailed 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 Policies ESD6, ESD7, ESD8 and ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.
Materials
9. A schedule of materials and finishes including samples (in a panel where relevant) to be used in the external walls and roof(s) of the dwellings shall be submitted to and approved in writing by the Local Planning Authority prior to works above ground level. The development shall thereafter be completed in accordance with the approved details.
Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance 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.
Landscaping
10. No development shall take place until a detailed scheme of hard and soft landscaping works based on the submitted landscape masterplan and the approved plans (reference Outline Soft Landscape Proposals - 22027-GUA-DR-L-002 Rev P08 and Outline Hard Landscape Proposals - 22027-GUA-DR-L-003 Rev P07) has been submitted to and approved in writing by the Local Planning Authority. These details will include the following:
- Identification of existing trees, shrubs and other vegetation to be retained including details of tree protection fencing to protect them during the construction process
- 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.
- 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
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, provide appropriate landscaping and protect wildlife in accordance with Policies PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.
Ecological Enhancement
11. a) Prior to above slab level works, details of Ecological Enhancement to achieve the submitted Biodiversity Matrix which indicates that the proposals would achieve at least 12.36% habitat enhancement and 37.24% hedgerow improvement. Details shall include:
- Species-rich meadow grassland should be incorporated where possible into areas of public open space and wildflower meadow planting
- New native and species rich in the soft landscaping scheme to mitigate for hedgerow loss.
- Any SuDS features proposed should be engineered to retain an area of standing water and planted with marginal plant species
- Bat and bird boxes are recommended to be integrated into the walls of the residential properties including swift boxes and/or may be installed on mature trees within hedgerows or along the woodland edge
- A small bug hotel to a tree with a hedgerow or along the woodland edge to the eastern edge.
- Log and brash piles in appropriate locations
- Any fencing that is to be installed should include gaps to allow for easy movement of hedgehogs.
- A timescale for implementation and management to be not later than final occupation of the development.
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 that the development delivers the approved level of biodiversity net gain and appropriate landscaping and wildlife enhancement in accordance with Policies PR5 and PR7a of the Cherwell Local Plan 2011-2031 (Partial Review), Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.
LAPs and Informal Play
12. a) Prior to first occupation of the development details of Local Areas of Play (LAPs) or any other areas of informal play shall be submitted to and agreed in writing by the Local Planning Authority. The submitted information shall include details of site levels, play features, seating, pathways, planting and landscaping relating to that LAP or other area of informal play and a strategy for their implementation and management.
b) The development 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.
Street furniture
13. a) Prior to above ground works details of street furniture including seating, refuse bins and dog bins and bollards to cycleway access points shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details prior to first occupation of the development or an alternative agreed timescale.
Reason: To ensure that the proposals deliver appropriate levels of seating, communal bins for recreational purposes and manage access to cycleways and functioning of the development to provide 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.
Lighting Strategy
14. No occupation shall take place until 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 communal parking
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.
Fibre Optic Infrastructure
15. a) Prior to their installation details of fibre optic infrastructure 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 dwelling upon the completion of the infrastructure.
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 Policies 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.
Residential Travel Plan and Information Pack
16. Prior to first occupation a Residential Travel Plan and Travel Information Pack shall 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 (48th 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.
PD Removal (extensions and outbuildings)
17. Notwithstanding the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or succeeding and replacement legislation no works or additions under Schedule 2 Part 1 or Part 2 shall be carried out relating to any of the dwellings hereby approved or within their curtilage without prior express consent of the Local Planning Authority.
Reason: Having regard to the nature of the properties and the designs and the associated intimate relationship to which extensions within a permitted development remit may compromise and having regard to Development Plan Policies and guidance contained within the National Planning Policy Framework as a whole.
Parking and Turning areas
18. All parking and manoeuvring areas identified on the approved plans set out in Condition 2 shall be implemented prior to the first occupation of the relevant part of the approved development. Once implemented all parking, turning areas and garages shall remain for use of parking and manoeuvring of vehicles and shall not be used for alternative uses.
Reason - To ensure satisfactory functioning of the application site in accordance with Development Plan Policies and guidance contained within the National Planning Policy Framework.
EV Charging Points
19. No development above slab level shall take place until details of EV charging points have been submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be implemented prior to the occupation of the relevant dwelling and shall be retained thereafter.
Reason - To ensure satisfactory access to the site for future residents and users of the development in accordance with Development Plan Policies and guidance contained within the National Planning Policy Framework.
Details of solar panels
20. Notwithstanding the submitted details, no development above slab level shall take place until details of solar panels have been submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be implemented prior to the occupation of the relevant dwelling and shall be retained thereafter.
Reason - To ensure the development provides appropriate climate change mitigation for future residents and users of the development in accordance with Development Plan Policies and guidance contained within the National Planning Policy Framework.
Noise Mitigation
21. Prior to development above slab level a scheme to soundproof the affected dwellings against traffic noise shall be submitted to and approved by the Local Planning Authority to achieve an internal level in all sleeping areas of 30dB LAeq 1 hour and 45 dB L A max between 2300 hours and 0700 hours with windows shut and other means of ventilation provided. An internal level of 40dB LAeq 1 hour shall be achieved in all other areas of the building. All works that form part of the scheme shall be completed prior to occupation of the dwellings. The development shall be implemented in accordance with the approved details prior to the occupation of the relevant dwelling.
Reason - To ensure the development provides appropriate residential environment for future residents of the development in accordance with Development Plan Policies and guidance contained within the National Planning Policy Framework.
Supporting documents: