Agenda item

Approved in line with officer recommendations, subject to conditions and subject to section 106 legal agreement. Details to be set out in the minutes.

The Committee considered application 23/02096/OUT, an outline application for the development of up to 90 dwellings (including affordable dwellings), a new children’s nursery, Earls Lane car park, SuDS attenuation, open space and associated landscaping and highway works at Land East of Banbury Road Ditch And North Of Earls Lane, Deddington, OX15 0TY for Welbeck Strategic Land V Limited.

 

Councillor Andrew McHugh addressed the Committee as Local Ward Member.

 

Richard Broadbent, local resident, addressed the Committee in objection to the application.

 

Bhavash Vashi, agent to the applicant, BVA Planning and Helen Oldfield, Chair of Deddington Parish Council, addressed the Committee in support of the application.

 

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

 

Resolved

 

That, in line with the officer’s recommendation, application 23/02096/OUT 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), and

·         The completion of a planning obligation under section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, to secure what is set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary with an amendment regarding nursery building which is to be agreed by officers).

 

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 following plans and documents: TBC

 

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.         No development shall commence unless and until a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals has been documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, Land contamination risk management (LCRM) and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

 

5.         If contamination is found by undertaking the work carried out under condition 4, prior to the commencement of the development hereby permitted a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

 

6.         If remedial works have been identified in condition 5, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 4. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

 

7.         Any contamination that is found during the course of construction of the approved development that was not previously identified 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 be carried out before the relevant phase of development is resumed or continued.

 

8.         No development shall commence unless and until a specialist acoustic consultant’s report has been provided and approved in writing by the local planning authority that demonstrates that all habitable rooms within the dwelling will achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings). For outdoor areas (domestic gardens and recreation areas used in common) the World Health Organisations guideline noise value of 50 dB LAeq (16 hr) or less shall be achieved during the time period 07:00 to 23:00 hrs. Where acoustic barriers, planting or other features are required to achieve this standard full details of these elements shall be submitted with the report for approval. 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.

 

9.         No development shall commence unless and until 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 has been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in full accordance with the approved CEMP.

 

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

 

a.     Risk assessment of potentially damaging construction activities;

b.     Identification of ‘Biodiversity Protection Zones’;

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

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

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

f.       Responsible persons and lines of communication;

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

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

 

The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

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.

 

11.      No development shall commence unless and until a detailed air quality impact assessment to identify the impact of the development on local air quality has been submitted to and approved in writing by the Local Planning Authority. The assessment shall 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. 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.

 

12.      No development shall commence unless and until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out other than in accordance with the approved CTMP.

 

Reason: In the interests of highway safety and the residential amenities of neighbouring occupiers and to comply with Government guidance contained within the National Planning Policy Framework.

 

13.      The vision splays shall not be obstructed by any object, structure, planting or other material of a height exceeding 0.6m measured from the carriageway level.

 

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

 

14.      Prior to the first occupation of the development, a Travel Plan as set out in the Oxfordshire County Council Travel Plans guidance shall be submitted to and approved by the Local Planning Authority. The development shall not be occupied other than in full accordance with the approved Travel Plan.

 

Reason: To encourage the use of sustainable modes as a means of transport.

 

15.      No dwelling shall be occupied until confirmation has been provided that either:- 1. Foul water Capacity exists off site to serve the development, or 2. A development and infrastructure phasing plan has been agreed with the Local Authority in consultation with Thames Water. 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, or 3. All Foul water network upgrades required to accommodate the additional flows from the development have been completed.

 

Reason - Network reinforcement works may 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.

 

16.      No dwelling 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.

 

17.      GCN Condition according to licence

 

18.      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 the National Planning Policy Framework.

 

19.      Further details of the cycle/footpath access onto the highway.