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 23/03071/F, an outline application for erection of up to 55 new dwellings, including affordable homes; formation of new pedestrian access; formation of new vehicular access from Blackthorn Road; landscaping; and associated works (resubmission of 22/02455/OUT) at Land West of Church Ley Field Adjacent to Blackthorn Road, Ambrosden for L&Q Estates.

 

Dawn Seaward, Chair of Ambrosden Parish Council, addressed the Committee in objection to the application.

 

Stuart Field, on behalf of the applicant, L&Q Estates, addressed the Committee in support of the application.

 

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

 

Resolved

 

That, in line with the officer’s recommendation, application 23/03071/F be delegated to the Assistant Director for Planning and Development to grant permission, subject to:

 

(1)      The conditions set out below (and any amendments to those conditions as deemed necessary) and

 

(2)      The completion of a planning obligation under section 106 of the Town and Country Planning Act, as substituted by the Planning and Compensation Act 1991, to secure the following and attached appendix to the minute book (and any amendments as deemed necessary):

 

Cherwell District Council (all contributions to be index linked)

a)    Provision of 35% affordable housing on site

b)    Payment of a financial contribution towards off site sports and recreation provision in the locality of £2,017.03 per dwelling towards outdoor sport provision, plus £335.32 per occupier of each dwelling (based on an average occupancy rate of 2.4 persons per dwelling) towards indoor sport provision

c)    Payment of a financial contribution towards enhancements at Blackthorn Village Hall based on the requirements to provide 0.185m2 of community space per occupier of the dwellings at a cost of £2,482 per m2 (based on an average occupancy rate of 2.4 persons per dwelling)

d)    Payment of a financial contribution of £12,320.00 towards the provision of public art and its management and maintenance

e)    Payment of a financial contribution towards the provision of refuse/recycling bins for the development of £106 per dwelling

f)     Provision of a commuted sum for the maintenance of open space (including informal open space, mature trees, hedgerows, woodland, SuDS etc) or details of long term management provision in accordance with Policy SBC11 of the CLP

g)    Provision of a Local Equipped Area of Play and commuted sum for maintenance or details of other management provisions

h)    Provision of a Habitat Management and Monitoring Plan and long term management arrangements (including funding) for the land proposed for biodiversity enhancement identified in the blue line

i)     Payment of the Council’s monitoring costs

 

Oxfordshire County Council (all contributions to be index linked)

a)    Payment of a financial contribution towards the continuation of bus services is Ambrosden of £62,315

b)    Payment of a financial contribution towards the provision of a bus shelter at either the northbound or southbound stop at Ploughley Road of £15,347 (unless otherwise secured under a S278 or S38 agreement)

c)    Payment of a financial contribution towards improvements to the local public rights of way network of £15,000

d)    Obligation to enter into a S278 agreement will be required to secure mitigation/improvement works, including: new site access bellmouth junction from Blackthorn Road, including 2m footway on east side, and; new 3m wide shared use footway/cycleway, approximately 75m long, and uncontrolled crossing of Blackthorn Road, and; new LTN 1/20 compliant cycletracks and side road crossings, and a parallel crossing of Blackthorn Road (unless previously delivered by application no.22/01976/OUT)

e)    Payment of a financial contribution towards educational infrastructure serving the development of £498,653 (£432,081 towards secondary education capacity, £39,650 towards secondary school land cost, £26,922 towards special school education capacity)

f)     Payment of a financial contribution towards the expansion and efficiency of Household Waste Recycling Centres of £5,168

g)    Payment of the Council’s monitoring costs

 

Other

·         Payment of a financial contribution towards primary health care provision serving the development of £47,520, based on the predicted population increase arising from the development multiplied by £360 as there is no housing mix available.

 

Further recommendation: The statutory determination period for the application expirers on 13 June 2024. If the section 106 agreement/undertaking is not completed and the permission is not able to be issued by this date and no extension of time has been agreed between the parties, it is further recommended that the Assistant Director for Planning and Development is given the delegated authority to refuse the application for the following reason:

 

1.         In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate infrastructure contributions required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to Policy INF1 of the Cherwell District Local Plan 2011-2031 Part 1, CDC’s Planning Obligations SPD 2018 and Government guidance within the National Planning Policy Framework.

 

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 three 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 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 application form and the following plans and documents: Drawing 382_L01B, 382_P01D, 382_P02B, 382_P03B, 382_P04B, 382_P05B, 382_P06B, and 080633-CUR-XX-XX-D-TP75004-P08.

 

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.

 

Levels

4.         No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed strictly in accordance with the approved levels.

 

Reason: In order to safeguard the visual amenities of the area 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.

 

Contamination

5.         If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

 

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 Policy ENV12 of the Cherwell Local Plan 1996 and government guidance within the National Planning Policy Framework.

 

Drainage

6.         The approved drainage system shall be implemented in accordance with the following documents in the Flood Risk Assessment and Drainage Strategy:

Curtins Ref:080633-CUR-00-XX-RP-D-92001 Rev 05 Date July 2023

Appendix E BGS Infiltration Report

Appendix F Thames Water Correspondence

Appendix G Greenfield Run-off calculations

Appendix H Proposed Drainage Strategy; Proposed Levels Strategy; Proposed Impermeable Catchments Plan Proposed; and Surface Water Drainage Calculations (100 Year +40% Climate Change, +10% Urban Creep)

 

Reason - To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure compliance with Policies ESD6 and ESD7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance within the National Planning Policy Framework.

 

7.         Construction shall not begin until/prior to the approval of first 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 Conveyance 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 management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element, and;

·      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 that sufficient capacity is made available to accommodate the new development and in order to avoid adverse environmental impact upon the community and to ensure compliance with Policies ESD6 and ESD7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance within the National Planning Policy Framework.

 

8.         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:

 

a) As built plans in both .pdf and .shp file format;

b) Photographs to document each key stage of the drainage system when installed on site;

c) Photographs to document the completed installation of the drainage structures on site;

d) The name and contact details of any appointed management company information.

 

Reason: In order to avoid adverse environmental impact upon the community and to ensure compliance with Policies ESD6 and ESD7 of the Cherwell Local Plan 2011- 2031 Part 1 and Government guidance within the National Planning Policy Framework.

 

Environmental Protection

9.         Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect residential or other sensitive properties on, adjacent to or surrounding the site together with details of the consultation and communication to be carried out with the occupiers of those properties shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall include the following:

 

a)   the parking of vehicles of site operatives and visitors;

b)  loading and unloading of plant and materials;

c)  storage of plant and materials used in constructing the development;

d)  the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)  wheel washing facilities;

f)   measures to control the emission of dust and dirt during construction;

g)  a scheme for recycling/disposing of waste resulting from demolition and construction works;

h)  measures for the protection of the natural environment; hours of construction, including deliveries;

i)    the temporary site compound including temporary structures

j)    the location and noise levels of any temporary generators or other fixed mechanical plant.

k)  details of external lighting and proposed operation times.

l)    contact details for the site manager or other persons associated with the management of operations on the site. Thereafter the development shall be carried out in accordance with approved CEMP.

 

Reason: To ensure the environment is protected during construction in accordance with Policy ENV1 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 a specialist acoustic consultants report that demonstrates that all habitable rooms within the dwelling and external areas will achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings) shall be submitted to and approved in writing by the Local Planning Authority. Where acoustic glazing and alternative means of ventilation are required to achieve this standard, full details of these elements shall be submitted with the report for approval. Should alternative means of ventilation be required then an overheating report will also be required. Thereafter, and prior to the first occupation of the dwellings affected by this condition, the dwellings shall be insulated and maintained in accordance with the approved details.

 

Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

11.      Prior to the commencement of the development hereby permitted a detailed air quality impact assessment to identify the impact of the development on local air quality shall be submitted to and approved in writing by the Local Planning Authority. The assessment should include damage cost calculations where applicable along with a proposal for abatement measures that will be undertaken in addition to those already required from the developer, in order to address any adverse impacts on local air quality. This shall have regard to the Cherwell District Council Air Quality Action Plan and no development shall take place until the Local Planning Authority has given its written approval that it is satisfied that the impact of the development on air quality has been adequately quantified.

 

Reason: To ensure the development protects and enhances biodiversity and the natural environment in accordance with the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

 

Natural Environment

12.      As part of any reserved matters for layout, 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 protect the existing trees and hedgerows on site and in the interests of visual amenities of the area to ensure the creation of a pleasant environment for the development and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

 

Highways

13.      Prior to the commencement of the development hereby approved, full design 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 and prior to first occupation the means of access shall be constructed and retained in accordance with the approved details.

 

Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

 

14.      Prior to the commencement of the development hereby approved, full details of the improvements to footpaths including, position, layout, construction, drainage, vision splays and a timetable for the delivery of the improvements shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be constructed and retained in accordance with the approved details.

 

Reason - In the interests of highway safety and public amenity and to comply with Government guidance contained within the National Planning Policy Framework.

 

15.      Prior to first occupation a Residential Travel Plan and Residential Travel Information Pack should be submitted to the Local Planning Authority for approval. Reason - In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework.

 

16.      Prior to commencement of the development hereby approved; a construction traffic management plan shall be submitted to and approved by the Local Planning Authority. The CTMP will need to incorporate the following in detail and throughout development the approved plan must be adhered to

 

·      The CTMP must be appropriately titled, include the site and planning permission number.

·      Routing of construction traffic and delivery vehicles is required to be shown and signed appropriately to the necessary standards/requirements. This includes means of access into the site.

·      Details of and approval of any road closures needed during construction.

·      Details of and approval of any traffic management needed during construction. Details of wheel cleaning/wash facilities – to prevent mud etc, in vehicle tyres/wheels, from migrating onto adjacent highway.

·      Details of appropriate signing to accord with standards/requirements, for pedestrians during construction works, including any footpath diversions.

·      The erection and maintenance of security hoarding / scaffolding if required.

·      A regime to inspect and maintain all signing, barriers etc.

·      Contact details of the Project Manager and Site Supervisor responsible for onsite works to be provided.

·      The use of appropriately trained, qualified and certificated banksmen for guiding vehicles/unloading etc.

·      No unnecessary parking of site related vehicles (worker transport etc) in the vicinity – details of where these will park, and occupiers transported to/from site to be submitted for consideration and approval. Areas to be shown on a plan not less than 1:500.

·      Layout plan of the site that shows structures, roads, site storage, compound, pedestrian routes etc.

·      A before-work commencement highway condition survey and agreement with a representative of the Highways Depot – contact 0845 310 1111. Final correspondence is required to be submitted.

·      Local residents to be kept informed of significant deliveries and liaised with through the project. Contact details for person to whom issues should be raised with in first instance to be provided and a record kept of these and subsequent resolution.

·      Any temporary access arrangements to be agreed with and approved by Highways Depot.

·      Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak hours.

 

Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

 

17.      No development shall commence above slab level unless and until a scheme for electric vehicle infrastructure to serve each dwelling has been submitted and approved in writing by the Local Planning Authority. The approved electrical vehicle charging infrastructure shall be provide in accordance with the approved details prior to the first occupation of the dwelling it serves.

 

Reason: To maximise the opportunities to promote the use of sustainable transport modes and the use of renewable energy, and to limit the impact of new development on air quality, to comply with Policies SLE4, ESD1 of the Cherwell Local Plan 2011- 2031 Part 1, saved Policy ENV1 of the Cherwell Local Plan 1996, and Government guidance contained in the National Planning Policy Framework.

 

Water

18.      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 are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development and to comply with Government guidance contained in the National Planning Policy Framework.

 

Ecology

19.      Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a mitigation strategy for great crested newts, which shall include timing of works, the location and design of alternative ponds/habitats together with the timing of their provision, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the mitigation works shall be carried out in accordance with the approved details.

 

Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

20.      Where an offence under Regulation 41 of the Habitat and Species Regulations 2010 is likely to occur in respect of the development hereby approved, no works of site clearance, demolition or construction shall take place which are likely to impact on Great Crested Newts until a licence to affect such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been submitted to the Local Planning Authority.

 

Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

21.      No development shall commence until a CEMP for biodiversity which includes measures to protect retained vegetation, bat roost checks for any removed trees and protect nesting birds is submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out or managed other than in accordance with the approved.

 

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.

 

22.      The development shall be constructed in accordance with the details agreed within the Ecological Appraisal Reference edp7101 r001c. The enhancement measures shall be carried out in accordance with the approved details and shall be retained as such thereafter in accordance with the approved details.

 

Reason - To ensure the development provides a net gain in biodiversity in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

23.      No development shall commence unless and until a Landscape and Ecology Management Plan (LEMP), has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out or managed other than in accordance with the approved LEMP. This should include how created and retained habitats on site will be managed for people and biodiversity and to achieve the habitat conditions denoted within the BIA and how this fits together with the off site plan. This should include measures within the built environment also. CDC seeks the equivalent of a minimum of one provision for bats, birds or invertebrates per dwelling (though these may be clustered) with the majority integrated into the fabric of the buildings. Measures such as hedgehog highways and wildlife friendly planting should also be within the developed areas.

 

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.

 

24.      No development shall commence until a reptile mitigation strategy including a plan of any receptor sites, details of ecological supervision required, and timing is submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out or managed other than in accordance with the approved.

 

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.

 

25.      Prior to the installation of any external lighting, a full lighting strategy to include illustration of proposed light spill and which adheres to best practice guidance in relation to ecological impact, 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 document.

 

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.

 

26.      Additional surface water treatment and monitoring scheme due to the hydrological connectivity of the application site with Arncott Bridge Meadows SSSI, to ensure the long-term protection of the interest features of the SSSI.

 

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.

 

Sustainability

27.      As part of any submission for reserved matters, full details of a renewable energy strategy for the site in accordance with Policy ESD5 of the Cherwell Local Plan, shall be submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details prior to the first occupation of any building the renewable energy serves.

 

Reason: To encourage the use of renewable and low carbon energy in accordance with Policy ESD5 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

28.      Prior to the commencement of any works associated with the construction of a dwelling, details of the means by which all dwellings will be designed and constructed to achieve an energy performance standard equivalent to a 19% improvement in carbon reductions on 2013 Part L of the Building Regulations (unless a different standard is agreed with the local planning authority) shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details and no dwelling shall be occupied until it has been constructed in accordance with the approved energy performance measures.

 

Reason - In the interests of environmental sustainability in construction in accordance with the requirements of Policy ESD3 of the Cherwell Local Plan 2011- 2031 Part 1 and Government guidance in the National Planning Policy Framework.

 

29.      No dwelling shall be occupied until it has been constructed to ensure that it achieves a water efficiency limit of 110 litres person/day and shall continue to accord with such a limit thereafter.

 

Reason - In the interests of sustainability in accordance with the requirements of Policy ESD3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

Removal of PD Rights

30.      Notwithstanding the provisions of Schedule 2, Part 1, Classes A-C inclusive of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no enlargement of the bungalows hereby approved shall be undertaken at any time without the prior planning permission of the Local Planning Authority.

 

Reason - To provide a mix of homes to meet current and expected future requirements in perpetuity, in the interests of meeting housing need and creating socially mixed and inclusive communities, in accordance with Policy BSC4 of Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

INFORMATIVES 1. Any alterations to the Public Highway will be at the applicant’s expense and to Oxfordshire County Council’s standards and specifications. Written permission must be gained from Oxfordshire County Council’s Streetworks and Licensing Team (0345 310 1111). Works required to be carried out within the Public Highway shall be undertaken within the context of a Legal Agreement (such as a Section 278 / 38 Agreement) between the applicant and the Highway Authority.