Agenda item

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

The Committee considered application 24/00401/F for a two-storey front bay extension, two storey rear extension, hip-to-gable roof extensions, roof conversion and associated alterations - (re-submission of 23/02412/F) at 20 Almond Road, Bicester, OX26 2HT for Mr John Prpa.

 

Sandra Nicholson, local resident, addressed the Committee in objection to the application.

 

John Prpa, applicant, addressed the Committee in support of the application.

 

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

 

Resolved

 

That, in line with the officer’s recommendation, application 24/00401/F be delegated to the Assistant Director for Planning and Development to grant permission, subject to the conditions set out below (and any amendments to those conditions as 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 following plans and documents:

·           Application form

·           Design Statement

·           Site Location Plan

·           Block Plan

·           Drawing number PRPA/S9/05 Rev A – [Proposed floor plans and elevations]

 

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.         Notwithstanding the details submitted, no development shall commence above slab level until and unless a plan detailing the proposed car parking provision for two spaces to be accommodated within the site (including details of the proposed surfacing and drainage of the provision), has been submitted to and approved in writing by the Local Planning Authority. The approved parking facilities shall be laid out and completed in accordance with the approved details before the first occupation of the dwelling. The car parking spaces shall be retained for the parking [turning/loading/unloading] 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.

 

4.         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 saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

5.         No development shall commence above slab level until samples of the bricks to be used in the construction of the walls of the extensions have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved samples.

 

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.

 

6.         The first floor windows in the east and west (side) elevations of the extension shall be obscure glazed, using manufactured obscure glass that is impenetrable to sight, (not an applied adhesive film) before the extension is first occupied and shall be permanently retained as such thereafter. The window shall also be nonopening, unless those parts which can be opened are more than 1.7m above the floor level of the room in which it is installed and shall be permanently retained as such thereafter.

 

Reason: To ensure that the amenities of the occupants of the neighbouring properties are not adversely affected by loss of privacy in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

7.         Prior to first use of the air source heat pump, a copy of the installation certificate (which demonstrates that the installed model satisfies standards specified in Microgeneration Certificate Scheme MCS 020(b) in terms of the noise limit stipulated in the Explanatory Memorandum to Permitted Development Order 2011 No. 2056) shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Biodiversity Net Gain Condition

 

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for development of land in England is deemed to have been granted subject to the condition (biodiversity gain condition) that development may not begin unless:

 

(a)     a Biodiversity Gain Plan has been submitted to the planning authority, and

(b)     the planning authority has approved the plan.

 

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan, if one is required in respect of this permission would be Cherwell District Council.

 

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

 

Based on the information available this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemptions or transitional arrangements apply.

 

Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.

The permission which has been granted is for development which is exempt being:

 

Development below the de minimis threshold, meaning development which:

 

i)          does not impact an on-site priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

ii)         impacts less than 25 square metres of on-site habitat that has biodiversity value greater than zero and less than 5 metres in length of on-site linear habitat (as defined in the statutory metric).

 

Notes

 

Irreplaceable habitat

 

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.

 

The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.

 

The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.

 

The effect of section 73D of the Town and Country Planning Act 1990

If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.

 

Those circumstances are that the conditions subject to which the section 73 permission is granted:

 

i)          do not affect the post-development value of the on-site habitat as specified in the earlier Biodiversity Gain Plan, and

ii)         in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that on-site habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.

 

PLANNING NOTES

 

1.    Please note If works are required to be carried out within the public highway, the applicant shall not commence such work before formal approval has been granted by Oxfordshire County Council by way of legal agreement between the applicant and Oxfordshire County Council. This is separate from any planning permission that may be granted.

 

2.    The applicant is advised that before the proposal progresses (should it be approved) they will be required to submit the development form to Network Rail’s Asset Protection team and agree the BAPA before any works commence on site. Network Rail is a Government funded Organisation and we are expected to recover our involvement costs from this type of interface, to proceed in more detail with discussions a signed Basic Asset Protection Agreement (BAPA) would be required to be in place. Permanent impacts of development are usually material considerations (such as the position of permanent structures, or drainage design etc) and where these are likely to occur, requests for planning conditions or scheme amendments are requested to protect the existing railway infrastructure from the impacts of the works on site and as a permanent arrangement. Controls on the temporary impact of construction to outside party land should also be picked up via building control, or in some cases a party wall surveyor.