Agenda item

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

The Committee considered application 23/03307/OUT, an outline planning application for a residential development of up to 300 dwellings with associated infrastructure and open space (outline) and new access off the A44 at Former Piggery and Land North Of Woodstock Road Yarnton, for Hallam Land Management Limited, G Smith, K Fletche.

 

Maddi Simpson, applicant, and Nicky Brock of Carter Jonas, Agent, addressed the meeting in support of the application.

 

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

 

Resolved

 

That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission subject to:

 

1. Resolving the objection of network rail to the Satisfaction of the Assistant Director Planning and Development
2. Resolving the objection of the environment agency to the satisfaction of the Assistant Director Planning and Development
3. The conditions set out below (and any amendments to those conditions as deemed necessary) and
4. In accordance with the heads of terms (annex to the Minutes as set out in the Minute Book), 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 following (and any amendments as deemed necessary)

a.    Payment of financial contributions towards on/off site community, sports and recreation including the delivery of on-site sport at the future Secondary School for the wider benefit of the community.

b.    Payment of contributions towards transport and public transport enhancements and feasibility work towards a new station and sustainable transport (e.g. travel plan monitoring)

c.    Payment of contributions and land towards Secondary School, SEND and Primary Schools.

d.    Payments of contributions to Police and Health infrastructure.

e.    Payments of contributions to Canal Towpath enhancement and a connecting bridge to Allocation PR7b

f.     Payment of contributions towards archaeology storage, library enhancement and waste services

g.    Appropriate monitoring fees for the delivery of the s106

 

It was further resolved that if the section 106 agreement/undertaking was not completed within 12 months of this resolution and the permission was not able to be issued by this date and no extension of time had been agreed between the parties, that authority be delegated to the Assistant Director for Planning and Development 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 Policies PR2, PR4a, PR4b, PR5, PR8 and PR12 of the Cherwell Local Plan Partial Review, Policies BSC7, BSC10, BSC11, BSC12, SLE4 and INF1 Cherwell Local Plan 2015 and the aims and objectives of the National Planning Policy Framework

 

CONDITIONS

 

Time Limits

 

1.    The first Reserved Matters Application shall be made to the local planning authority no later than 3 (three) years from the date of this permission.

 

Reason: In accordance with the requirements of section 91 of the Town and Country Planning Act 1990 (as amended).

 

2.    The development hereby approved shall be Commenced either before the expiration of 3 (three) years from the date of this permission, or before the expiration of 2 (two) years from the date of the last Reserved Matters Application to be approved, whichever is the later.

 

Reason: To prevent the accumulation of unimplemented planning permissions, in accordance with the requirements of section 91 of the Town and Country Planning Act 1990 (as amended).

 

3.    Details of the layout, scale, appearance, landscaping and access (other than shown on the approved plans) (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: In accordance with the requirements of section 91 of the Town and Country Planning Act 1990 (as amended) and the Development Management Procedure Order.

 

Compliance with Plans 

 

4.    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:   

 

Location plan – 201506_OPN_P001 

 

Parameter plans,  

·           Land use – 201506_OPN_P003  

·           Maximum Building Heights, – 201506_OPN_P004 

·           Access and Movement – 201506_OPN_P005  

·           Green & Blue Infrastructure – 201506_OPN_P006 

 

Highways Drawings: 

·           Proposed Traffic Signal Junction Access Arrangement - 8190898_6103_K,  

·           Proposed Traffic Signal Junction Arrangement, Hallam Only - 8190898_6106_B,  

·           SWA 12m rigid and Home Delivery Van - 8190898_6201_A,

·           SWA 8.2m Fire Tender - 8190898_6202_A,  

·           SWA 12m Bus and Home Delivery Van - 8190898_6203_A 

 

The following plans are illustrative only but have formed part of the application submission: 

·           Illustrative Plan – 201506_OPN_P002 

 

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. 

 

Compliance with the Environmental Statement 

 

5.    The development shall be carried out in accordance with the mitigation measures summarised in Chapter 19 in the Environmental Statement.  

 

Reason: To ensure that the development takes place in accordance with the schedule of mitigation contained within the Environmental Statement. 

 

Phasing  

6.    No development shall commence until a Site Wide Phasing Plan which accords with the s106 triggers and Transport Mitigation Strategy has been submitted to and approved in writing by the Local Planning Authority. It shall define a key phase and include the expected sequence of delivery of development within a Development Area, or sub area, or the provision of any other element or to any other applicable trigger point. The development shall be carried out in accordance with the approved Phasing Plan unless there are unforeseen events / obstacles to delivery and alternative timing for provision is agreed in writing by the Local Planning Authority. The Phasing Plan shall, by written agreement with the Local Planning Authority, be updated from time-to-time to reflect increased certainty of delivery of infrastructure. The Site Wide Phasing Plan shall include but not be limited to the sequence of providing the following elements:  

 

a.      A plan showing defined key phases  

b.      Residential development parcels, including approximate housing numbers;  

c.      Construction accesses and temporary facilities (e.g. site compounds and sales offices) 

d.      Local bus services;  

e.      Major distributor roads/routes within the site, including timing of provision and opening of access points into the site and connections to neighbouring developments;  

f.       Strategic footpaths and cycleways;  

g.      Strategic foul and surface water features and SUDS;  

h.      Formal and informal public open space, allotments, community orchard and parks and play facilities;  

i.       Strategic electricity, telecommunications and gas networks;  

j.       Infrastructure for the provision of fibre optic cables;  

k.      Biodiversity net gain;  

l.       Environmental mitigation measures;  

m.    A mechanism for its review and where necessary amendment.  

 

Reason: To clarify how the site is to be phased to assist with the determination of subsequent reserved matters applications and in order to ensure that infrastructure provision and environmental mitigation are provided in time to cater for the needs and impacts arising out of the development, in accordance with Policy PR8 of the Cherwell Local Plan (Partial Review) and the aims and objectives of ensuring clear development monitoring and delivery in the NPPF. 

 

Development Brief/Coding 

7.    Prior to the submission of the first of the reserved matters applications for each Phase of the development except for enabling works or strategic engineering works, a Design Code for that Phase shall be submitted to and approved in writing by the Local Planning Authority. The Design Code shall be prepared for each Key Phase in accordance with the principles and parameters established in the Approved Documents submitted with the Outline Planning Application. It shall include both strategic and more detailed elements.  

 

The Design Code shall explain its purpose, structure, and status; indicate who should use the document and how to use it; set out the mandatory and discretionary elements and be clear how these apply.  

Where relevant the Design Code shall address the interface with adjoining areas, whether they have already been subjected to design coding or not, and indicate appropriate cross boundary design responses, both within the Application Site and across the Allocated Site, in accordance with the principles of the outline planning permission or Policy PR8 of the Cherwell Local Plan, unless otherwise demonstrated. The detail of the requirements of the Design Code are at Appendix A. 

 

Reason: To ensure high quality design and coordinated development and to facilitate comprehensive development through cumulative phases of development in accordance with Policies PR4a, PR5, PR8 of the Cherwell Local Plan Partial Review, Policies BSC8, BSC9, BSC10, BSC11, BSC12, ESD1, ESD2, ESD3, ESD5, ESD6, ESD7, ESD8, ESD10, ESD13, ESD15, ESD16, ESD17 and SLE4 of the Cherwell Local Plan 2011-2031 and saved Policies C28 and C30 of the Cherwell Local Plan 1996 

 

Site Wide Construction and Environmental Management Plan (CEMP) 

8.    Prior to the commencement of development a detailed site wide Construction and Environmental Management Plan (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority. The CEMP shall be based on the principles outlined in the submitted Construction Environmental Management Plan shall include the following: 

i) Implementation of earthworks and details of any piling, noise, vibration and associated mitigation;  

ii) Implementation air quality and dust suppression management measures through a Dust Management Plan;  

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 minimising 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) Construction management measures to ensure the preservation of heritage assets and to ensure the preservation of on site designated heritage assets within the site  

vi) An Emergency Response / Spill Response Plan to be produced by the Principal Contractor(s) for the protection from contamination  

vii) 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  

viii) Measures to reduce the impact on nearby residents and associated temporary fencing, lighting and construction compounds and activity through the operational phase of development  

ix) 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 carried out in accordance with the approved CEMP. 

 

Reason: To manage construction process and to ensure that the impacts to soils, air quality, contamination and ground conditions, ecological habitats, cultural heritage, noise and vibration, heritage assets, transport and waste as well as neighbouring and nearby residents and climate impacts are managed in accordance with the mitigation outlined in the Environmental Statement and in accordance with Policies ESD1, SLE4 of the Cherwell Local Plan Part 1 2011-2031, Policy PR8 of the Cherwell Local Plan Partial Review and the aims and objectives of the NPPF. 

 

Construction Traffic Management Plan (CTMP) 

9.    Prior to the commencement of development a Construction Traffic Management Plan (CTMP) shall be submitted to and agreed in writing by the Local Planning Authority. The CTMP shall detail traffic routing, temporary access and haul roads to ensure construction vehicles, materials and logistics saving measures are managed. 

 

The development shall be carried out in accordance with the approved CTMP. 

 

Reason: To manage construction process and to ensure that the impacts to local transport infrastructure and the strategic highway network is managed in accordance with the mitigation outlined in the Environmental Statement and in accordance with Policies ESD1, SLE4 of the Cherwell Local Plan Part 1 2011-2031, Policy PR8 of the Cherwell Local Plan Partial Review and the aims and objectives of the NPPF. 

 

Site Wide Landscape and Ecology Management Plan (LEMP) 

10.Prior to first occupation of the development hereby approved, a Landscape and Ecology Management Plan (LEMP) covering a period of no less than 30 years shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the site shall be managed in accordance with the details of the approved LEMP.  

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policies PR5 and PR8 of the Cherwell Local Plan Partial Review, Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework 

 

Housing Mix 

11.Prior to the submission of the first application for approval of Reserved Matters relating to the first Development Parcel including residential development within each Phase a housing mix strategy shall be submitted to and agreed in writing by the Local Planning Authority. The submitted strategy shall set out in relation to that Phase details of affordable housing and how this contributes to provision across the whole site and to ensure that there is no significant difference between market and affordable housing provision which would compromise the integration of affordable housing within the development.  

 

Reason: To ensure the appropriate development of the housing in accordance with Policies PR2 and PR8 of the Cherwell Local Plan 2011 – 2031 Partial Review and the aims and objectives of the NPPF. 

 

Self Build Strategy 

12.Prior to the submission of the first application for approval of Reserved Matters in each Phase a Strategy to enhance or support the opportunity for the delivery of self/custom build homes shall be submitted to and agreed in writing by the Local Planning Authority.  

 

The development shall be carried out in accordance with the agreed details. 

 

Reason: To ensure the appropriate development of the housing in accordance with Policies PR2 and PR8 of the Cherwell Local Plan 2011 – 2031 Partial Review and the aims and objectives of the NPPF. 

 

Parking Strategy 

13.i) Prior to, or concurrently with, the submission of the first Development Area Brief, a Site Wide Car and Cycle Parking Strategy shall be submitted to the local planning authority for approval. No occupation shall commence until such time as the Strategy has been approved in writing by the local planning authority. The Strategy shall:  

 

a) set car, coach, bus, cycle and motorcycle parking levels for different uses in relation to targets associated with the Site Wide Travel Plan agreed pursuant to the Section 106 Agreement and provide a mechanism for review; 

b) provide a distribution strategy and hierarchy for all types of parking;  

c) provide principles for temporary car parking and its phasing;  

d) set levels for and principles relating to the location and type of electric vehicle charging points.  

ii) Any Reserved Matters Application which includes parking shall be accompanied by a Parking Plan submitted to the local planning authority for its approval which details how the proposed development complies with the Site Wide Car and Cycle Parking Strategy. The Parking Plan shall be implemented before the buildings permitted by approval of the Reserved Matters Application are first occupied and shall thereafter be maintained thereafter. 

Reason: In order to provide consistent and sustainable parking management across the Site to help minimise impact on the network and promote sustainable modes of travel, reduced reliance on the private car and opportunities to maximise the use of public transport, walking and cycling in accordance with Policy PR8 of the Cherwell Local Plan 2011 – 2031 Partial Review and the aims and objectives of the NPPF. 

 

Contamination Verification Strategy 

14.A verification report that demonstrates the effectiveness of the remediation carried out in accordance with the Environmental Statement Contaminated Land Chapter on the site shall be submitted to and approved in writing by the Local Planning Authority. Any change to the proposed remediation strategy must be submitted to and approved by the Local Planning Authority prior to works commencing. 

 

Reason: To ensure that any aparthotel rooms are not used as permanent residential accommodation or student accommodation, which would give rise to different impacts in accordance with Policy PR8 of the Cherwell Local Plan 2011 – 2031 Partial Review and the aims and objectives of the NPPF. 

 

Unexpected Contamination 

15.If during the course of development, contamination not previously identified is found to be present at the Site, such as putrescible waste, visual or physical evidence of contamination of fuels/oils, backfill or asbestos containing materials, then no further development within the area subject to the contamination (unless otherwise agreed in writing with the local planning authority) shall be carried out until the applicant has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how the unsuspected contamination shall be dealt with. The remediation strategy shall be implemented in accordance with the approved details.  

 

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 Policy PR8 of the Cherwell Local Plan 2011 – 2031 Partial Review and the aims and objectives of the NPPF. 

 

Ecology/BNG condition(s) 

16.Prior to the commencement of works, a detailed Biodiversity Improvement Management Plan (including updated survey work as appropriate). The management plan, should set out and include: 

·            Survey work in relation to breeding birds, water voles and badgers 

·            the retention and enhancement of the main river running to the south and surrounding landscaping; 

·            retention and enhancement of existing ponds and ditches on the Site.  

·            creation of new of ponds on the Site,  

·            the creation of Sustainable Drainage System wetland; and  

·            enhance the extent and connectivity of habitat suitable for protected species including otters and water voles. 

·            Mitigation of badgers and other protected species 

 

Reason: To ensure that the development follows the Ecology mitigation identified in the Environmental Statement, submits appropriate information in relation to Biodiversity Management outlined in Policies PR5 and PR8 of the Cherwell Local Plan Partial Review, Policies ESD10, ESD13 and ESD16 of the Cherwell Local Plan 2011-2031 and meets the requirements of the NPPF in mitigating and achieving biodiversity net gain  

 

17.a) Prior to the first Reserved Matters a detailed strategy for the achievement of Biodiversity Net Gain across the whole site shall be submitted to and agreed in writing by the Local Planning Authority.  

 

b) As part of each subsequent Reserved Matters details of Biodiversity Net Gain to be achieved over the Reserved Matters submission and how this contributes to the overall development aims shall be submitted to and approved in writing by the Local Planning Authority.  

 

c) The development shall be carried out in accordance with the approved details.  

 

Reason: To ensure that the development meets the requirements of the NPPF in mitigating and achieving biodiversity net gain and in accordance with Policies PR5 and PR8 of the Cherwell Local Plan Partial Review, Policies ESD10, ESD13 and ESD16 of the Cherwell Local Plan 2011-2031  

  

Sustainable Construction Strategy 

18.a) Prior to or concurrently with the submission of the first Development Parcel Reserved Matters application, a strategy shall be submitted detailing how the development will progress the aims of net zero carbon to include targets for each element that: 

– As a minimum, complies with national and local requirements for low and zero carbon. 

– Create a Development that is resilient to energy price fluctuation and the impacts of climate change. 

– Supports the transition towards Net Zero Carbon. 

– Reduce potable water demand through the efficient use of water to a maximum of 105 litres per person per day  

- Include details for the management of wastewater (e.g. through rainwater harvesting) 

– Manage water run-off through the incorporation of SuDS 

– Minimise the generation of and increase the reuse of waste associated with demolition, excavation and construction 

– Provide systems for efficient waste management during operation 

– Provide for the sustainable use of materials and resources, considering embodied impacts, sourcing, conservation and reuse 

– Promote and enable efficient low-carbon means of transport and prioritise active transportation by providing a minimum appropriate cycle storage within dwellings and providing staff cycle storage and changing facilities within workplaces 

- Ensure the reduction in energy use for heating and cooling  

- Provide for electric charging points on all private properties, communal parking spaces, and on all disabled parking spaces with the provision of passive capability to install future electric vehicle charging points  

– Sustainable buildings that deliver high levels of enhanced economic, social and environmental outcomes including lower operational costs. 

 

b) As part of the Reserved Matters submissions for each Development Parcel a compliance statement for that Development Parcel shall be submitted demonstrating how the proposal meets or exceeds the requirements of Site wide sustainability standards and a strategy for implementation in relation to that Development Parcel. 

 

c) The development of each Development Parcel shall be implemented in accordance with the relevant agreed details and timescales for that Development Parcel. 

 

Reason: To ensure that the proposals meet the challenge of the legislation set out in the Climate Act 2008 as set out by the aims and objectives set out in the NPPF, Policies PR5, PR8 and PR11 of the Cherwell Local Plan Partial Review and Policies ESD5, ESD6, ESD7 and ESD8 of the Cherwell Local Plan 2011-2031 and the aims and objectives of the NPPF. 

 

Landscape Reserved Matters 

19.Any Reserved Matters Application for landscaping details pursuant to this approval shall, where relevant, include detailed landscape designs and specifications for the associated Reserved Matters Area. The details shall be accompanied by a design statement that demonstrates how the landscaping scheme accords with any emerging or approved details sought as part of the Approved Design Code for a Phase and shall include the following:  

 

Soft Landscaping  

a) Full details of planting plans and written specifications, including details of cultivation to soils before seeding and turfing, proposals for maintenance and management associated with plant and grass establishment for a 5- year establishment and maintenance period, details of the mix, size, distribution, density of all trees/hedges/shrubs to be planted and the proposed planting season. The planting plan shall use botanic names to avoid misinterpretation. The plans should include a full schedule of plants. 

 b) 1:500 plans (or at a scale otherwise agreed) with cross-sections of mounding, ponds, ditches and swales and proposed treatment of the edges and perimeters of the site.  

c) The landscape treatment of roads (primary, secondary, tertiary, and green) through the development.  

d) A specification for the establishment of trees, including within hard landscaped areas including details of space standards (target rooting volumes for trees and distances from buildings and/or development parcels.) and tree pit details.  

e) The planting and establishment of structural landscaping to be provided in advance of all or specified parts of the site as appropriate.  

f) Full details of any existing, altered, or proposed watercourses/drainage channels.  

g) Full details of the location of any services and utilities relative to existing and proposed soft landscaping. 

h) Details and specification of proposed earth modelling, mounding, re-grading and/or embankment areas or changes of level across the site to be carried out including soil quantities, topsoil storage to BS 3882: 2015, proposed levels and contours to be formed and sections through construction to show make-up.  

 

Hard Landscaping 

i) Full details, including cross-sections, of all bridges and culverts.  

j) The location and specification of minor artefacts and structures, including furniture, refuse or other storage units, signs, and lighting columns/brackets.  

k) 1:500 plans (or at a scale otherwise agreed) including cross sections, of roads, paths, and cycleways.  

l) Details of all hard-surfacing materials (size, type, and colour)  

 

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.  

 

The landscaping within the Reserved Matters Area shall be implemented in accordance with the approved plans for implementation and for their replacement.  

 

Reason: To ensure an appropriate level of information is contained within the application documentation in accordance with Policies 

 

Surface Water Strategy 

20.As part of any application for reserved matters relating to layout, a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, including principles of future management, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall not be implemented other than in accordance with the approved details and shall be implemented before the development is completed. It shall thereafter be managed in accordance with the approved details. The scheme shall also include:  

 

a) a compliance report to demonstrate how the scheme complies with the “Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire”;  

b) full drainage calculations for all events up to and including the 1 in 100 year plus 40% climate change;  

c) a Flood Exceedance Conveyance Plan;  

d) comprehensive infiltration testing across the site to BRE DG 365 (if applicable);  

e) detailed design drainage layout drawings of the SuDS proposals including cross-section details;  

f) 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;  

g) confirmation of any outfall details; and  

h) consent for any connections into third party drainage systems. 

Reason: To manage on site drainage and sustainable drainage systems across the site in accordance with Policies PR5 and PR8 of the Cherwell Local Plan Partial Review, Policies ESD6, ESD7, ESD8, ESD10, ESD13, ESD15 and ESD16 of the Cherwell Local Plan 2011-2031 and the aims and objectives of the NPPF 

 

Foul Water Strategy 

21.The development shall be undertaken in accordance with a Development and Infrastructure Phasing Plan which shall be submitted for approval by the LPA prior to development commencing. As a minimum the Plan should include the anticipated commencement and occupation of development phases and how the necessary upgrade works and their timescales for delivery have been taken into account. Occupation of the development (or part of the development) shall only take place in accordance with the Development and Infrastructure Phasing Plan.”  

 

Reason: Oxford sewage treatment works does not have capacity to accommodate all flows from the development. While acceptable in principle, development needs to be aligned with upgrades to the sewage treatment works to avoid adverse impacts on the environment. 

 

22.The development shall not be occupied until confirmation has been provided to the LPA that all foul water network upgrades required to accommodate the additional flows from the development  are operational with that time period anticipated as being within 3 years of the date of this consent". 

 

Reason: The local sewerage network does not have capacity to accommodate all flows from the development. While acceptable in principle, development needs to be aligned with upgrades to the sewerage network to avoid adverse impacts on the environment. 

 

23.The development shall not be occupied until confirmation has been provided to the LPA that all foul sewage treatment upgrades required to accommodate the additional flows from the development are operational with that time period anticipated as being within 3 years of the date of this consent". 

 

Reason: The local sewage treatment works does not have capacity to accommodate all flows from the development. While acceptable in principle, development needs to be aligned with upgrades to the sewerage network to avoid adverse impacts on the environment in accordance with Policies PR8 and PR11 of the Cherwell Local Plan Partial Review and Policies INF1 of the Cherwell Local Plan 2011-2031 and the aims and objectives of the NPPF 

 

Residential Travel Plan  

24.Within three months of first occupation of each Phase a Travel Plan for the residential dwellings of that Phase shall be submitted to and approved by the Local Planning Authority and implemented thereafter. The Travel Plan shall include mechanisms for review and updating dependent on delivery timescales. The development shall be carried out in accordance with the Adopted Travel Plan.  

 

Reason: To promote and implement sustainable transport measures and reduce the reliance on the car and promote cycling, walking and the use of public transport in accordance with Policies PR4a, PR8 and PR11 of the Cherwell Local Plan Partial Review and Policies INF1 and SLE4 of the Cherwell Local Plan 2011-2031 and the aims and objectives of the NPPF.

 

Youth and Play Strategy 

25.Prior to or concurrently with the submission of the first of the reserved matters submission, a Strategy for Youth Facilities and Children's Play provision across the development, in accordance with the principles set out in the submitted Environmental Statement and the principles of the Design Code (approved under Condition 7), shall be submitted to the Local Planning Authority for approval. The Youth and Play Strategy shall include sufficient details to demonstrate the implementation of the Sports strategy within the Strategic Design Guide including specifications, location and phasing and include details of management, maintenance and governance. Reserved matters submissions shall take account of and be submitted in accordance with the approved strategy. 

 

Reason: To ensure that the proposals deliver appropriate an amount and variety of sport and recreational opportunities for all ages in accordance with the submitted Environmental Statement, Sports Strategy and Landscape Strategy and Policies PR5 and PR8 of the Cherwell Local Plan Partial Review and Policy BSC10, BSC11, ESD10, ESD13, ESD15, and ESD17 of the Cherwell Local Plan 2011-2031, 2031, saved policies C28 and C30 of the Cherwell Local Plan 1996  and the aims and objectives of the NPPF. 

 

Formal Play (NEAPS, LEAPS) 

26.a) A Reserved Matters submission which includes formal play provision shall be carried out in accordance with the Site Wide Youth and Play Strategy and shall include details of site levels, play features and facilities for an appropriate age of children and youth provision, seating, pathways, planting and landscaping relating to that play facility and a strategy for its implementation and management shall be submitted for the approval of the Local Planning Authority. The play equipment shall be designed in a manner to reflect the location and to ensure that there is individual identity and design to distinguish the play facility from other play facilities in the application site.   

 

b) The development of the play provision 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 PR8 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. 

 

Informal Play (LAPs, SiPs) 

27.a) A Reserved Matters submission which incorporates additional Local Areas of Play (LAPs), Sites for Imaginative Play (SiPs) or other areas of informal play shall be carried out in accordance with the Site Wide Youth and Play Strategy shall include details of site levels, play features, seating, pathways, planting and landscaping relating to that LAP, SiP or other area of informal play and a strategy for their implementation and management shall be submitted for the approval of the Local Planning Authority.  

 

b) The development of each informal play area 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 appropriate an amount and variety of recreational opportunities for all ages in accordance with the submitted outline application and in accordance with Policies PR5 and PR8 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. 

 

Community Orchard/Edible Landscape 

28.a) As part of the Reserved Matters submission which incorporates new groups of tree planting, shall consider the provision of community orchards and an edible landscape, and, should those be proposed the following details relating to any such provision shall be submitted to the Local Planning Authority for approval in writing:  

i) details of site levels and soil preparation,  

ii) planting to promote an edible landscape including fruit trees, shrubs and bushes,  

iii) boundary treatment and hedgerow planting, 

iv) any ancillary features such as seating, bins (including dog bins),  

v) arrangements for implementation and management of the area for the future community.  

 

b) The development of such community orchards shall be carried out in accordance with the 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 appropriate opportunities for tree planting, healthy lifestyles and wildlife foraging 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. 

 

Allotments Strategy 

29.The Reserved Matters submissions for any Development Parcel or Landscaping Element which incorporates allotment provision shall, where appropriate, include the following details:  

a) A plan of the allotments, principles of plot layout and design providing for a range of plot sizes designed to allow flexibility to meet the needs of future plot holders; areas for communal storage of, for example, manure and compost;  

b) Confirmation that the site of the proposed allotments is free from contamination and capable of growing fruit and vegetables for human consumption;  

c) Proposed management arrangements for the allotments (including topsoil and soil provision/management) including consultation with relevant bodies;  

d) Access and parking arrangements to allow easy and safe access to the allotments;  

e) Details of the ancillary features (e.g. bins, seats, water butts, greenhouses and sheds);  

f) Boundary treatment, including security arrangements for the allotments;  

g) Water supply, including use of stored rainwater and SuDS for watering crop and drainage arrangements to ensure that the proposed site for the allotments is free draining and does not impact on the wider drainage network (e.g. through silting up of the drainage network).  

ii) The provision of allotments shall be carried out in accordance with the approved details and in accordance with the approved phasing programme.  

 

Reason: To ensure that the detail of allotments are delivered in a manner that delivers an appropriate allotments for future users in accordance with the requirements of Policies PR5 and PR8 of the Cherwell Local Plan 2011- 2031 (Partial Review), Policies ESD13, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 aims and objectives of the National Planning Policy Framework. 

 

Footpaths, Cycleways and Green Corridors 

30.Prior to or as part of the Reserved Matters submission with regard to the relevant phase the submission shall detail: 

                       i.       Footways and cycleways to promote active travel for recreation and commuting across the site and connections to neighbouring developments.  

                      ii.       The creation of Green Corridors including landscaping, seating, signage and public art 

                     iii.       The creation of recreational links and access across the land to the north under development proposals 23/02098/OUT 

                    iv.       The provision of connections to Littlemarsh Playing Field and/or evidence to demonstrate that this is not feasible. 

 

Reason: To ensure that the detail of footways, cycleways and other routes  are delivered in a manner that delivers an appropriate recreational facility for future users in accordance with the requirements of Policies PR5 and PR8 of the Cherwell Local Plan 2011- 2031 (Partial Review), Policies SLE4, ESD13, ESD15, ESD16 and ESD17 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 aims and objectives of the National Planning Policy Framework. 

 

Lighting Strategy 

31.Prior to or concurrently with each Reserved Matters details of a site-wide lighting strategy taking account of the principles in the Framework Lighting Strategy shall be submitted to and agreed in writing by the Local Planning Authority. The details shall include:  

i) Lighting for play  

ii) Lighting for residential areas 

iii)Lighting for public realm and walking and cycling routes  

iv) Areas of ecological areas where lighting will be prohibited.  

v) A strategy for lighting roads and development parcels.  

vi) A strategy for mitigation to reduce light pollution during construction.  

 

No occupation shall take place on any phase until the detailed lighting strategy has been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. 

 

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 PR8 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. 

 

Tree Management Strategy 

32.As part of the Reserved Matters submission, a tree management strategy and associated plans for the following insofar as they relate to that Reserved Matters shall be submitted to and agreed in writing by the Local Planning Authority.  

i) A strategy for the ongoing management, felling and replacement planting of any trees within existing mature trees and hedgerows in accordance with the principles of the outline planning permission.  

ii) A strategy for other standalone and groups of trees and hedgerows within the Reserved Matters submission  

iii) Details of tree protection measures relating to that Reserved Matters submission in accordance with BS5837:2012 (or succeeding and/or replacement legislation) to be maintained throughout construction. 

iv) Details of new landscaping features (e.g. seats, dog bins, and footpaths) within the existing tree belts within the Reserved Matters submission 

v) A strategy for implementation and retention of new and existing trees, hedgerows or tree belts within the Reserved Matters submission 

 

b) The development of each Reserved Matters shall be implemented in accordance with the agreed strategy and timescale and retained thereafter. 

 

Reason: To ensure that the proposals deliver appropriate management and retention of the existing tree cover to the site in accordance with the submitted Environmental Statement and Policies PR5 and PR8 of the Cherwell Local Plan Partial Review and the aims and objectives of the National Planning Policy Framework. 

 

Noise Mitigation Strategy 

33.Prior to the development commencing a report shall be submitted to and approved in writing by the local planning authority that shows 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) for indoor and external noise levels (if required then the methods for rating the noise in BS4142:2014 should be used, such as for noise from industrial sources).  

 

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.  

 

If alternative means of ventilation are required then an overheating assessment should be carried out in accordance with details submitted to and approved by the Local Planning Authority and the approved details shall then be implemented into the development. 

 

Reason: To ensure that the proposals provide an appropriate mitigation to road and railway noise arising from neighbouring land uses in accordance with Policy PR8 of the Cherwell Local Plan Partial Review and the aims and objectives of the National Planning Policy Framework. 

 

Low Emission Strategy 

34.Prior to the submission of the first Reserved Matters a Low Emission Strategy shall be submitted to and agreed in writing to mitigate, improve and enhance, wherever possible, the air quality and sustainable transport options to the surrounding area. The development shall be carried out in accordance with the approved strategy.  

 

Reason: To ensure that the proposals provide an appropriate mitigation to road and railway noise arising from neighbouring land uses in accordance with Policies PR4a, PR4b and PR8 of the Cherwell Local Plan Partial Review and the aims and objectives of the National Planning Policy Framework. 

 

Fibre Optic Installation 

35.a) Prior to the commencement of any Reserved Matters, a scheme detailing the provision of open access ducting for fibre optic cable to serve a range of telecommunication services, shall be submitted to and approved in writing by the Local Planning Authority, including site infrastructure plans. The scheme shall ensure:  

i) that a site-wide network is in place and provided as part of infrastructure works;  

ii) that the site-wide network includes the provision of open access ducting for fibre optic cable to the boundary of the site; and  

iii) a strategy for implementation of the works and access and connections to neighbouring Development Parcels. 

 

b) As part of the Reserved Matters submission for layout, a strategy 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 property upon the completion of the infrastructure. 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 PR8 of the Cherwell Local Plan 2011- 2031 (Partial Review), Policies BSC9 and ESD15 of the Cherwell Local Plan 2011-2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996 aims and objectives of the National Planning Policy Framework. 

 

Residential Space Standards  

36.A Reserved Matters Submission within the redline of the outline application shall be accompanied by a statement outlining that all proposed residential properties are in compliance with national or local space standards, whichever provides a higher level of space.  

 

Reason: To achieve an appropriate standard of housing in accordance with Policy PR2 and PR8 of the Cherwell Local Plan 2011-2031 (Partial Review) and the aims and objectives of the National Planning Policy Framework. 

 

Appendix A - Design Code Requirements 

The Design Code shall include, as relevant to each Phase:  

a.      The vision for the Phase. This should clearly articulate how the Phase contributes to the realisation of the Vision for the Site as a whole, as articulated in the Design and Access Statement and Design Principles, with emphasis upon the overall framework for movement, land use and landscape. The framework for development should be presented within the context of the Application Site and the wider area.  

b.      The Design Code shall include a ‘framework masterplan’ that establishes the framework for development within that Phase. The ‘framework masterplan’ is the key plan associated with the Design Code and the content of the plan and its associated key will guide the structure of the Design Code.  

c.      A movement hierarchy for the Phase (which is to secure a legible, permeable and connected network), and the principles and extent of the highway that would potentially be offered for adoption (the extent of adoption will be agreed following Reserved Matters approval).  

d.      Typical street cross-sections which will include details of tree planting, landscaping, service runs, traffic calming and on street parking.  

e.      How the design of the streets and spaces will address the needs of all users and give priority to sustainable travel.  

f.       Principles to guide block structure and built form including design principles to address the relationships between land use; height and mass; primary frontages; pedestrian access points; fronts and backs; threshold definition; important buildings/groupings; building materials and design features.  

g.      Approach to incorporation of ancillary infrastructure/buildings (such as substations, street name plates, pumping stations, pipes, flues, vents, meter boxes, external letterboxes, required by statutory undertakers as part of building design) and the routing of utilities.  

h.      The approach to vehicular parking across the phase including the location and layout of parking for people with disabilities and for each building type, including the approach that will be adopted to access points into, and the ventilation of any undercroft or underground parking or any separate parking structures.  

i.       The approach to cycle parking for all uses and for each building type, including guidance on the distribution (resident/visitor parking and location in the development), type of rack, spacing and any secure or non-secure structures associated with the storage of cycles, following the principles of the LTN1/20 

j.       The approach to the landscape framework including the integration of the existing retained landscape features and new structural planting in the key public open spaces and along the primary and secondary streets, together with guidance on tree/planting specification, and the interface with surface water drainage features, the design of which will also be addressed.  

k.      The provision of outdoor sports and children’s play space provision including the formal playing fields and any Neighbourhood Equipped Area for Play (NEAP), Local Equipped Play Area for Play (LEAP) and Local Area of Play (LAP) with reference to the relevant open space/play space guidance and standards extant at that time  

l.       The approach to the treatment of footpaths, cycleways, and bridleways through the site.  

m.    The conceptual design and approach to key public spaces including the integration of public art (identifying appropriate locations) and guidance on materials, signage, utilities, and any other street furniture.  

n.      The conceptual design and approach to the lighting strategy and how this will be applied to different areas of the development with different lighting needs, to maximise energy efficiency, minimise light pollution and avoid street clutter.  

o.      Details of waste and recycling provision for all building types, in accordance with RECAP principles.  

p.      Measures to demonstrate how the design can maximise resource efficiency and climate change adaptation through external, passive means, such as landscape, orientation, massing, and external building features.  

q.      Design features to support biodiversity and ecological enhancement aligned with the relevant Phase Ecological Management Plan.  

r.       Measures to minimise opportunities for crime.  

s.      Details of the proposed design review procedures and circumstances where design review will be undertaken.  

 

Reserved matters applications for that phase shall be submitted in accordance with ‘a Design Guide Statement of Compliance’ with the details approved as part of the Design Code for that Phase.