Agenda item

Approved, in line with the officer recommendation, subject to conditions, S106 legal agreement and resolution of objection by the Environment Agency, details to be set out in the minutes.

The Committee considered application 23/01233/OUT, an outline application (with all matters except access reserved for future consideration) for the demolition of existing buildings and the erection of up to 800 dwellings (Class C3); a two form entry primary school; a local centre (comprising convenience retailing (not less than 350sqm and up to 500sqm (Class E(a))), business uses (Class E(g)(i)) and/or financial and professional uses (Class E(c)) up to 500sqm, café or restaurant use (Class E(b)) up to 200sqm; community building (Class E and F2); car and cycle parking); associated play areas, allotments, public open green space and landscaping; new vehicular, pedestrian and cycle access points; internal roads, paths and communal parking infrastructure; associated works, infrastructure (including Sustainable Urban Drainage, services and utilities) and ancillary development. Works to the Oxford Road in the vicinity of the site to include, pedestrian and cycle infrastructure, drainage, bus stops, landscaping and ancillary development at OS Parcel 4347 East Of Pipal Cottage Oxford Road Kidlington for Bellway Homes Limited and Christ Church, Oxford

 

Councillor Ian Middleton addressed the Committee as Local Ward Member.

 

Dr Katherine Kaye, on behalf of Wolvercote Neighbourhood Forum, addressed the Committee in objection to the application.

 

Rob Linnell, on behalf of the agent for the applicant, Savills, addressed the Committee in support of the application.

 

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

 

Resolved

 

(1)      That, in line with the officer’s recommendation, application 23/01233/OUT be delegated to the Assistant Director for Planning and Development to approve subject to:

 

1.    subject to the conditions set out below (and any amendments to those conditions as deemed necessary)

2.    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, necessary mitigation as set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary including the requirement to introduce Controlled Parking Zones within the site as requested by OCC Transport).

3.    The revised comments of Natural England which are still awaited.

4.    The resolution of objection by the Environment Agency

 

Conditions

 

Time Limit

 

1.         Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of six 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).

 

2.         Details of the layout, scale, appearance, access (other than the approved accesses to Oxford Road as shown on Plan numbers ITB16565-SK-044 Rev N, ITB16565-SK-066 Rev J, ITB16565-SK-067 Rev H and ITB16565-SK-065 Rev L) 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).

 

Compliance with Plans

 

3.         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:

01 Rev F (Application Boundary – RL01)

32 Rev W (Land Use and Access Parameter Plan)

33 Rev T (Building Heights Parameter Plan)

55 (Demolition Plan for Pipal Barns)

58 Rev M (Green Infrastructure Parameter Plan)

ITB16565-SK-044 Rev N (Site Access Arrangements – Staggered priority junctions with Cyclops junction to South Eastern priority junction left in/out – western priority junction all movements)

ITB16565-SK-065 Rev L (Proposed PR6a Access Strategy and Cycle Super Highway – including left in and left out priority and partial cyclops signal junction)

ITB16565-SK-066 Rev J (Proposed PR6a Access Strategy and Cycle Super Highway – including left in and left out priority and partial cyclops signal junction – Northern extent)

ITB16565-SK-067 Rev H (Proposed PR6a Access Strategy and Cycle Super Highway – including left in and left out priority and partial cyclops signal junction – Southern extent)

Sustainability and Energy Statement – WE/SES/P01

Design and Access Statement – WE/DAS/P02

Arboricultural Impact Assessment (Incorporating Tree Protection Measures) – WE/AIA/P02

 

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.

 

4.         Unless justified through the reserved matters submissions, all. reserved matters submissions shall accord with the following submitted parameter plans: Land use and Access parameter Plan; Building Heights Parameter Plan; Green Infrastructure parameter Plan.

 

Reason: To ensure that the development is delivered in accordance with the principles of the outline planning application, approved Development Brief and Policies PR1, PR2, PR3, PR5, PR6a, PR11 and PR12a of the Cherwell Local Plan Review 2020 and Government guidance within the National Planning Policy Framework.

 

5.         Prior to the commencement of any development on the site, a phasing plan for the development of the whole site 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, green infrastructure, delivery of the local centre, community building and school, roads, cycle/footpath connections, Cutteslowe Park extension, eastern green infrastructure buffer, new buffer to Oxford Road frontage, play facilities and allotments. Thereafter the development shall be carried out in accordance with the approved phasing plan and each reserved matters application shall only be submitted in accordance with the terms of the phase (or phases) it relates to as set out in the approved phasing plan.

 

Reason: To ensure the proper and phased implementation of the development and associated infrastructure to the benefit of future residents in accordance with Policies PR1, PR2, PR3, PR5, PR6a, PR11 and PR12a of the Cherwell Local Plan Review 2020, Policies SLE4, BSC7, BSC8, BSC10, BSC11, BSC12, ESD13, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

6.         Prior to the implementation details of a pedestrian/cycle access from the Oxford Parkway access road into the site measuring a minimum of 3.5m must be submitted to and approved in writing by the Local Planning Authority. The pedestrian/cycle access must thereafter be constructed in accordance with the approved plans.

 

Reason: To promote sustainable modes of transport and accord with Government guidance within the NPPF.

 

7.         Prior to occupation a School Travel Plan, Residential Travel Plan and Travel Plan Statements for the local centre and community centre shall be submitted to the Local Planning Authority.

 

Reason: To promote sustainable modes of transport and comply with Government guidance within the NPPF.

 

8.         Prior to first occupation a Framework Travel Plan shall be submitted to and approved by the Local Planning Authority.

 

Reason: To promote sustainable modes of transport and accord with Government guidance within the NPPF.

 

9.         Prior to the occupation of the development hereby permitted, evidence shall be submitted to the Local Planning Authority and approved in writing that a School Travel Plan has been prepared using Modeshift STARS which meets Green Level accreditation. The approved School Travel plan shall be implemented within one month of the approval being given. The approved Travel Plan shall achieve Modeshift STARS Bronze level accreditation within 12 months of occupation and this shall be maintained for a minimum of five years from the date of approval. Evidence shall be provided to the Local Planning Authority of the accreditation level of the school Travel Plan within one week of such request.

 

Reason: To promote sustainable modes of transport and comply with Government guidance within the NPPF.

 

10.      Construction Traffic Management Plan – wording as set out in OCC consultation response.

 

11.      A Monitoring and Evaluation Plan (MEP) shall be submitted and approved in writing by the Local Planning Authority prior to first occupation. This should set out how trips from the site will be monitored and the response to how mode share targets are being met.

 

Reason: To promote sustainable modes of transport and comply with Government guidance within the NPPF.

 

12.      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 within the NPPF.

 

13.      The approved drainage system shall be implemented in accordance with the approved Detailed Design as set out in ES Appendix 08.1 Flood Risk Assessment (Issue P01) Part 1 ref 028-8210440-BW-Flood Risk assessment Issue P01: 28 April 2023; ES Appendix 08.1 Flood Risk Assessment (Issue P01) Part 2, ST Site Investigation Report Appendix E; ES Appendix 08.1 Flood Risk Assessment (Issue P01) Part 3 Greenfield Runoff calculation rates, prior to the first occupation of the development.

 

Reason To ensure the principles of sustainable drainage are incorporated into the proposal in accordance with Policies ESD6 and ESD7 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.

 

14.      Construction shall not begin until/prior to the approval of reserved matters; a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

·         A compliance report to demonstrate how the scheme complies with the ‘Local standards and Guidance for Surface water Drainage on Major Development in Oxfordshire’

·         Full drainage calculations for all events up to and including the 1 in 100 year plus 40% climate change

·         A Flood Exceedance Compliance Plan

·         Comprehensive infiltration testing across the site to BRE DG 365 (if applicable)

·         Detailed design drainage layout drawings of the SuDS proposals including cross-section details

·         Detailed maintenance and management plan in accordance with Section 32 of CIRA C753 including maintenance schedules for each drainage element

·         Details of how water quality will be managed during construction and post development in perpetuity

·         Confirmation of any outfall details

·         Consent for any connections into third party drainage systems

 

Reason: To ensure the principles of sustainable development are incorporated into the proposal in accordance with Policies ESD6 and ESD7 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.

 

15.      Prior to first occupation, a record of the installed SuDS and site wide drainage scheme shall be submitted to and approved in writing by the Local Planning Authority for deposit with the Lead Local Flood Authority Asset Register. The details shall include:

·         As built plans in both pdf and shp format

·         Photographs to document each key stage of the drainage system when installed on site

·         Photographs to document the completed installation of the drainage structures on site

·         Name and contact details of any appointed management company information

 

Reason: To ensure the principles of sustainable drainage are incorporated into the proposal in accordance with Policies ESD6 and ESD7 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.

 

16.      Prior to any demolition and the commencement of the development a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation relating to the application area, which shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To safeguard the recording of archaeological matters within the site in accordance with Government guidance within the NPPF.

 

17.      Following the approval of the Written Scheme of Investigation referred to in condition 16, and prior to any demolition on the site and 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 Government guidance within the NPPF.

 

18.      All reserved matters applications shall include details to ensure appropriate delivery of improvement and enhancements to the public realm in terms of quality of materials, public space and landscaping proposals. The development shall be carried out in accordance with these approved details.

 

Reason: In the interests of the visual amenities of the proposed development in accordance with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.

 

19.      Any contamination that is found during the course of the approved development that was not previously identifies 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 development (or relevant phase of development) is resumed or continued.

 

Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance within the NPPF.

 

20.      The development shall not be occupied until all foul water network upgrades required to accommodate the additional flows from the development have been completed, or a development and infrastructure phasing plan has been agreed with the local planning authority in consultation with Thames Water to allow development to be occupied. Where a development and infrastructure phasing plan is agreed, no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

 

Reason: Network reinforcement works are likely to be required to accommodate the proposed development. Any reinforcement works identified will be necessary in order to avoid sewage flooding and/or potential pollution incidents.

 

21.      No development shall be occupied until confirmation has been provided that either; all water network upgrades required to accommodate the additional demand to serve the development have been completed or a development and infrastructure phasing plan has been agreed with Thames water to allow development to be occupied. Where a development and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

 

Reason: The development may lead to no/low water pressure and network reinforcement works anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from this development.

 

22.      No development shall be occupied until confirmation has been provided that either all sewage works upgrades required to accommodate the additional flows from the development have been completed or a development and infrastructure phasing plan has been agreed with the local planning authority in consultation with Thames water to allow development to be occupied. Where a development and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

 

Reason: Sewage treatment upgrades are likely to be required to accommodate the proposed development. Any upgrade works identified will be necessary to avoid sewage flooding and/or pollution incidents.

 

23.      Each reserved matter relating to built development shall include existing and proposed land levels and finished floor levels, including cross sections across the site and adjacent land and illustrative street scenes to indicate changes in levels across the site and how the proposed development addresses these changes. The details shall be agreed with the local planning authority as part of that reserved matter submission. The development shall thereafter be carried out in accordance with the agreed site levels.

 

Reason: To enable a full assessment of the changes in levels across the site and the scale, massing and height of proposed buildings are compatible with adjacent development and in order to protect the setting of the Grade II* St Frideswide Farmhouse and to comply with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031, Policy PR6a of the Local Plan Partial Review 2020 and Government guidance within the NPPF.

 

24.      Prior to the commencement of any development, full details of a lighting strategy and its design, including position, orientation, and any screening of the lighting for biodiversity in line with the BCT Guidance Note 08/23 and shall show how lighting will not impact protected species or prevent them from using the territories shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and thereafter maintained fully in accordance with the agreed details.

 

Reason: To ensure the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.

 

25.      Prior to the commencement of any development of the site, a full detailed sustainability strategy in accordance with Policies ESD1 – 5 of the adopted Cherwell Local Plan 2011-2031 shall be submitted to and approved in writing by the Local Planning Authority. All development shall be carried out in accordance with the approved details.

 

Reason: In the interests of ensuring sustainable development in accordance with the Development Plan and Government guidance within the NPPF.

 

26.      All site clearance (including the removal of any vegetation or works to hedgerows) should be timed to avoid the bird nesting season and should be checked by a suitably qualified ecologist to check no wildlife habitats are present that could be affected/destroyed by the removal, unless alternative provisions have previously been agreed in writing by the Local Planning Authority.

 

Reason: To ensure that the development will conserve and enhance the natural environment and will not cause significant harm to any protected species or its habitat in accordance with Policy ESD10 of the adopted Cherwell Local Plan 2011-2031, Policy PR6a of the Partial Review Local Plan 2020 and Government guidance within the NPPF.

 

27.      Prior to and within two months of the commencement of development on any part of the site, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme.

 

Reason: To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the adopted Cherwell Local Plan, Policy PR6a of the Patrial Review Local Plan 2020 and Government guidance within the NPPF.

 

28.      Prior to the first occupation of the development hereby approved, an Ecological Construction Method Statement (ECMS) and Landscape Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. Theerafter the ECMS and 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 adopted Cherwell Local Plan 2011-2031, Policy PR6a of the Partial Review Local Plan 2020 and Government guidance within the NPPF.

 

29.      Prior to the first occupation of the development hereby approved, a Habitat Management and Monitoring Plan (HMMP) shall be submitted to and approved in writing by the local planning authority. Thereafter the HMMP 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 adopted Cherwell Local Plan 2011-2031 and Policy PR6a of the Partial Review Local Plan 2020 and Government guidance within the NPPF.

 

30.      Prior to the construction of any development above slab level, a Biodiversity Enhancement Strategy including a biodiversity enhancement plan shall be submitted to and approved in writing by the local planning authority. Thereafter the biodiversity enhancement measures approved for the development shall be carried out prior to first occupation of any development parcel or phase and retained 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 adopted Cherwell Local Plan 2011-2031 and Policy PR6a of the Partial Review Local Plan 2020 and Government guidance within the NPPF.

 

31.      Prior to the commencement of any development on the site, a detailed Farmland bird compensation and mitigation strategy shall be submitted and approved in writing by the local planning authority. The development shall thereafter be carried out and maintained in accordance with the approved strategy.

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the adopted Cherwell Local Plan 2011-2031 and Policy PR6a of the Partial Review Local Plan 2020 and Government guidance within the NPPF.

 

32.      Construction Environmental Management plan (for biodiversity) – Details to be inserted as per SC11.21

 

33.      Prior to the commencement of any development on the site a Noise Assessment shall be carried out in relation to Oxford Road and Park and Ride and strategy which shall include noise insulation and mitigation measures necessary to protect those properties adversely affected by traffic and rail activity noise shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved noise assessment and mitigation measures agreed.

 

Reason: To safeguard the residential amenities and living environment free from intrusive levels of noise for occupiers of the new development in accordance with Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance within the NPPF.