Agenda item

Approved in line with officer recommendation, subject to conditions (and any amendments as deemed necessary) and completion of a S106 legal agreement, details to be set out in the minutes.

The Committee considered application 25/02215/CDC for the change of use from Class B8 to mixed uses including operational waste depot (sui generis), storage and distribution (B8), MOT station, and HGV workshop (B2), and supporting office space and welfare facilities (Ancillary E), the demolition of single storey elements of building and alterations to openings, provision of hardstanding and internal access roads and gate, plant space, signage, solar PV on roof and associated hard and soft landscaping works at Unit 14 Expeditionary Road, Ambrosden, OX25 2EJ for Cherwell District Council.

 

Rebecca Rogers, agent on behalf of applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Webb and seconded by Councillor Conway that the application be approved, in line with officer recommendation.

 

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

 

Resolved

 

That, in line with officer recommendation, authority be delegated to the Assistant Director for Planning to grant permission for application 25/02215/CDC subject to:

 

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

 

(ii)             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):

·     Habitat Management and Monitoring Plan, securing of the BNG offsite for 30 years

·     Payment of BNG Monitoring fee of £4,517.76

(The annex to the Minutes as set out in the Minute Book sets out the full specification)

 

Conditions

 

Time Limit

 

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. 

 

Compliance with Plans

 

2.          2. 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: 

 

Drawing numbers: 330511166-DR-A-10000 Rev P1 (Site Location Plan), 330511166-DR-A-10110 Rev P2 (Existing Site Location Plan), 330511166-DRA-10100 Rev P8 (Proposed Site Plan), 1204.1/02 (Tree Pit & Hedgerow Details), 996953-659-DWG-TCP-FR-01-NB-230425 (Tree Constraints Plan), 996953659-DWG-TPP-FP-1NB-050825 (Tree Protection Plan), 996953-659-DWGTRRP-FP-1NB-050825 (Tree retention & removal plan), 330511166-DR-A11002 P1 (Existing Ground Floor Plan), 330511166-DR-A-11000 P6 (Proposed Ground Floor Plan), 330511166-DR-A-12010 P2 (Existing Sections), 330511166-DR-A-12001 P1 (Proposed Sections), 330511166-DR-A-13010 P2 (Existing Elevations 1 of 2), 330511166-DR-A-13011 P1 (Existing Elevations 2 of 2), 330511166-DR-A-13000 P2 (Proposed Elevations 1 of 2), 330511166-DRA-13001 P2 (Proposed Elevations 2 of 2), 330511166-DR-A-13002 P2 (West Elevation Proposed Improvements, 330511166-DR A-16010 P1 (Schedule of Accommodation), 202411046 V1 (BNG Impact Map), 1204.1_01D Landscape General Arrangement Plan), 330511166-STN-HDG-XX-RP-0501-41 PO1 (Proposed Site Levels).  

 

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.          No development shall commence until the existing tree(s) to be retained as shown on approved drawing number (996953-659-DWG-TPP-FP-1NB-050825) have been protected in accordance with the Tree Retention and Removal Plan (drawing number 996953-659-DWG-TRRP-FP-1NB-050825). The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development and shall be maintained until the development is completed. Nothing shall be stored or placed within the areas protected by the barriers. 

 

Reason: To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply 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. 

 

4.          Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall have first been submitted to and approved in writing by the Local Planning Authority. The covered cycle parking facilities so provided shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development. 

 

Reason: In the interests of promoting sustainable transport modes in accordance with Policy ESD1 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework.   

 

5.          Prior to the first occupation of The Depot, a Travel Plan, prepared in accordance with the Department for Transport’s Best Practice Guidance Note ‘Using the Planning Process to secure Travel Plans’ and its subsequent amendments shall be submitted to and approved in writing by the Local Planning Authority. The plan shall incorporate site specific details of the means of sharing and encouraging reduced reliance on the use of private cars related to the development in favour of other modes of transport. The development shall be operated in accordance with the approved Travel Plan.  

 

Reason: In the interests of sustainability, to ensure a satisfactory form of development and to comply with Policies SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

6.          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: To ensure satisfactory drainage of the site in the interests of achieving sustainable development, public health, to avoid flooding of adjacent land and property to comply with Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

7.          No development shall commence on site without the appointed archaeologist being present (other than in accordance with the agreed and submitted Written Scheme of Investigation [UNIT 14, EXPEDITIONARY ROAD, GRAVEN HILL, BICESTER ARCHAEOLOGICAL MONITORING AND RECORDING John Moore Heritage Services 2025]). Once the watching brief has been completed its findings shall be reported to the Local Planning Authority, as agreed in the Written Scheme of Investigation, including 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 recording and inspection of matters of archaeological importance on the site in accordance with the NPPF (2024). 

 

8.          Prior to the commencement of the development hereby permitted, 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 shall be 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, CLR 11’ 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.

 

Reason: To ensure that any ground and water contamination is 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  

 

9.          If contamination is found by undertaking the work carried out under condition 8, 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. 

 

Reason: To ensure that any ground and water contamination is 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. 

 

10.       If remedial works have been identified in condition 9, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 9. 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.

 

Reason: To ensure that any ground and water contamination is 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.  

 

11.       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. 

 

12.       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:

 

·     Risk assessment and mitigation of potentially damaging construction activities

·     Identification of ‘Biodiversity Protection Zones’

·     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)

·     The location and timing of sensitive works to avoid harm to biodiversity features

·     The times during construction when specialist ecologists need to be present on site to oversee works

·     Responsible persons and lines of communication

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

·     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.

 

13.       No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s Organisational Licence (WML-OR150, or a ‘Further Licence’) and with the proposals detailed on plan “Unit 14 Expeditionary Road: Impact plan for great crested newt District Licensing (Version 1)”, dated 20th August 2025. 

 

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WML-OR150, or a ‘Further Licence’), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006.  

 

14.       No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR150, or a ‘Further Licence’), confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with, has been  submitted to and approved by the planning authority and the authority has provided authorisation for the development to proceed under the district newt licence. 

 

The delivery partner certificate must be submitted to this planning authority for approval prior to the commencement of the development hereby approved.  

 

Reason: In order to adequately compensate for negative impacts to great crested newts, and in line with section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006. 

 

15.       Prior to the first use of the development hereby approved details of the external lighting/security lighting/floodlighting including the design, position, orientation and any screening of the lighting, which shall be in accordance with ILP/BCT Guidance Note 08/23 to ensure it is designed to avoid impacts to bats, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the first use of the development hereby approved the lighting shall be installed and operated in accordance with the approved scheme at all times thereafter. 

 

Reason: In the interests of visual amenity and highway safety, to protect the amenities of nearby residents and to ensure that the lighting is designed to be sensitive protected species, particularly bats and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.  

 

16.       No development shall commence above slab level until a Biodiversity Enhancement and Mitigation Plan (BEMP) including species specific enhancements and compensatory measures has been submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement and mitigation plan approved shall be carried out prior to occupation and shall thereafter be retained in full 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. 

 

17.       Where an offence under Regulation 43 of the Habitats and Species Regulations 2017 ((or any regulation revoking or re-enacting or amending that regulation) 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 bats 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. 

 

18.       Full design details of the proposed signage shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. Thereafter, the development shall be carried out in accordance with the approved details.

 

Reason: In the interests of visual amenity and highway safety and to protect the amenities of nearby residents and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.