Agenda item

Approved in line with officer recommendation, subject to conditions, completion of a S106 legal agreement and overcoming objections from local

Lead Flood Authority and Nature Space. Details to be set out in the minutes. 

The Committee considered application 24/01948/OUT, a full application for an outline application for up to 71 dwellings (Use Class C3) with associated

open space and vehicular access at The Bourne, Hook Norton for L&Q Estates, Helena Paula Clarke, James William Cl.

 

Councillor Eddie Reeves addressed the committee as Local Ward Member.

 

Liz Sparrow, on behalf of Hook Norton Parish Council addressed the Committee in objection to the application.

 

Richard Crosthwaite addressed the Committee as the Applicant in support of the application.

 

It was proposed by Councillor Rogers and seconded by Councillor Brant that application 24/01948/OUT be refused, contrary to the officer recommendation, for the reasons that there was a lack of a S106 agreement, that the proposed development would be unsustainable as well as cause harm to the surrounding village and contrary to policy reasons Village 1, Village 2, ESD13 and ESD15.

 

The proposal was debated. On being put to the vote, the motion was lost and therefore fell.

 

It was subsequently proposed by Councillor Conway and seconded by councillor Thornhill that application 24/01948/OUT be approved, in line with the officer recommendation. 

 

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

 

Resolved

 

That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission for application 24/01948/OUT subject to:

 

(a)      No objections from nature space and lead local flood

Authority

(b)      The entering into a s106 to include the contributions and

Infrastructure as set out in the annex to the minutes (as set out in the minute book) (and to the

Conditions set out below (and any amendments to those

Obligations as deemed necessary); and

(c)      The conditions set out below (and any amendments to

Those conditions as deemed necessary)

 

CONDITIONS

 

Time Limit

 

1. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of one year from the date of this

permission and the development hereby permitted shall be begun either before the expiration of two years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

 

Reason: To comply with the provisions of Section 92 of the Town and Country

Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (Development Management Procedure (England)) Order 2015 (as amended).

 

2. Details of the layout, scale, appearance, access, 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 form and following approved plans Site Location Plan (Titled: edp3030 D013 Rev A), Proposed Access (Titled: 081424 Cur Xx 00 D Tp 75001 Rev P09)

 

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.

 

CONDITIONS TO BE DISCHARGED PRIOR TO THE SUBMISSION OF THE

RESERVED MATTERS

 

Design Code

 

4. Prior to the submission of any reserved matters application, a Design Code to include the distribution of land uses, form of buildings, street frontage, materials, servicing, parking, and sustainability features shall be submitted to and approved in writing by the local planning authority. Thereafter, each reserved matters application shall be submitted in accordance with the approved Design Code.

 

Reason: To ensure a high quality development and appropriate infrastructure

in accordance with Policies BSC8, BSC9, BSC10, BSC11, BSC12, ESD1,

ESD2, ESD3, ESD5, ESD6, ESD7, ESD8, ESD10, ESD13, ESD15, ESD17 and SLE4 of the Cherwell Local Plan 2011-2031 Part 1 and Policies C28 and C30 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework.

 

CONDITIONS TO BE DISCHARGED PRIOR TO COMMENCING

DEVELOPMENT

 

5.Prior to any demolition and the commencement of the development a

professional archaeological organisation acceptable to the Local Planning

Authority shall prepare an Archaeological Written Scheme of Investigation,

relating to the application site area, which shall be submitted to and approved

in writing by the Local Planning Authority.

 

Reason - To safeguard the recording of archaeological matters within the site

in accordance with the NPPF (2023).

 

6. Following the approval of the Written Scheme of Investigation referred to in

condition 5, and prior to any demolition on the site and the commencement of

the development (other than in accordance with the agreed Written Scheme of Investigation), a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research, and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority within two years of the completion of the archaeological fieldwork.

 

Reason – To safeguard the identification, recording, analysis and archiving of

heritage assets before they are lost and to advance understanding of the

heritage assets in their wider context through publication and dissemination of

the evidence in accordance with the NPPF (2023).

 

7. No development shall commence [on any phase], including any works of

demolition until a Construction Environment and Traffic Management Plan [for

that phase] has been submitted to and approved in writing by the local planning authority. The statement shall provide for at a minimum:

 

·       The parking of vehicles of site operatives and visitors;

·       Loading and unloading of plant and materials;

·       Storage of plant and materials used in constructing the development;

·       The erection and maintenance of security hoarding including decorative

·       displays and facilities for public viewing, where appropriate;

·       Wheel washing facilities including type of operation (automated, water

·       recycling etc) and road sweeping;

·       Measures to control the emission of dust and dirt during construction;

·       Delivery, demolition, and construction working hours;

·       The mitigation measures recommended at [Add References] of the

·       Submitted Environmental Statement [Date]

 

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

 

Reason: To ensure the environment is protected during construction in

accordance with saved Policy ENV1 of the Cherwell Local Plan 1996 and

government guidance contained within the National Planning Policy Framework.

 

8.No development shall commence, including any demolition and any works of site clearance, until 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, has been submitted to and approved in writing by the local planning authority. Thereafter, the mitigation works shall be carried out in full 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.

 

CONDITIONS TO BE DISCHARGED PRIOR TO OCCUPATION

 

9. Prior to first occupation of any of the dwellings hereby approved, a Travel

Information Pack shall be submitted to and approved in writing by the local

planning authority. The first residents of each dwelling shall be provided with a

copy of the approved Travel Information Pack.

 

Reason: To encourage occupiers of the new dwellings to use sustainable modes of transport in accordance with the National Planning Policy Framework.

 

COMPLIANCE CONDITIONS

 

10.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.

 

 

INFORMATIVES

 

A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 020 3577 9483 or by emailing trade.effluent@thameswater.co.uk. Application forms should be completed online via www.thameswater.co.uk. Please refer to the Wholesale; Business customers; Groundwater discharges section. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx. 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.