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 25/02998/F for a commercial development (Use Classes B8, Eg(i), Eg(ii), and Eg(iii)) along with car parking/yard areas and all associated development at Land North Of Grundon Merton Street Banbury for E5 Commercial (Higham Way) Ltd.

 

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

 

In reaching its decision the Committee considered the officer’s report and presentation and the written updates.

 

Resolved

 

(1)            That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning to grant permission for application 25/02998/F 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):

 

·     Highway Works – Towards the implementation of the eastern active travel corridor scheme - £103,302

 

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.          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:

 

·     3414/08 – Proposed Site Plan

·     3414/05 – Units 1-6 Plan and elevations

·     3415/10 – Unit 7 Plan and elevations

·     3415/11 – Units 8-9 Plan and elevations 

 

Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework. 

 

Highways 

 

3.          No development shall commence unless and until full details of the means of access between the land and the highway, including, position, layout, construction, drainage, and vision splays have been submitted to and approved in writing by the Local Planning Authority. The means of access shall be constructed in strict accordance with the approved details and shall be retained and maintained as such thereafter. Agreed vision splays shall be kept clear of obstructions higher than 0.6m at all times.

 

Reason: In the interests of highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 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 be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.  Reason: In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework. 

 

5.          Prior to the first occupation of the development, a scheme for the provision of vehicular electric charging points to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The vehicular electric charging points shall be provided in accordance with the approved details prior to the first occupation of the unit they serve and retained as such thereafter. 

 

Reason: To comply with Policies SLE 4, ESD 1, ESD 3 and ESD 5 of the adopted Cherwell Local Plan 2011-2031 Part 1 and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework 

 

6.          Prior to commencement of the development hereby approved, a Construction Traffic Management Plan (CTMP) shall be 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. 

 

Sustainable Drainage 

 

7.          The approved drainage system shall be implemented in accordance with the approved documents prior to the use of the building commencing:

 

·     Floor Risk Assessment and Drainage Strategy

·     Ref: FRA SUDS SBK-24-220-P01: September 2024

·     Appendix 1 – Location Plan and Aerial View

·     Appendix 2 – Topographical Survey

·     Appendix 3 – Masterplan

·     Appendix 4 – Sewer Records and Thames Water Correspondence

·     Appendix 5 – Planning Policy

·     Appendix 6 – Drainage Strategy Drawings

·     Appendix 7 – Hydraulic Calculations  Appendix 8 - EA Product 4 Data 

 

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal. 

 

8.          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

 

Ecology 

 

9.          No development shall commence until a Habitat Management and Monitoring Plan (HMMP), prepared in accordance with an approved Biodiversity Gain Plan, has been submitted to and approved in writing by the local planning authority. The HMMP shall include:

 

·     a non-technical summary

·     the roles and responsibilities of the people or organisation(s) delivering the HMMP

·     the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan 

·     the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the approved completion date of the development

·     the monitoring methodology and frequency in respect of the created or enhanced habitat   

 

Notice in writing shall be given to the local planning authority when the:

 

·     HMMP has been implemented

·     habitat creation and enhancement work as set out in the HMMP have been completed.  

 

The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP or such amendments as agreed in writing by the local planning authority.  

 

Monitoring reports shall be submitted to the local planning authority in writing for approval in accordance with the methodology and frequency specified in the approved HMMP.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990. 

 

10.       No development shall commence above slab level until a method statement for enhancing bats, birds, invertebrates, and mammals has been submitted to and approved in writing by the local planning authority. The biodiversity enhancement measures 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 

 

Environmental Protection 

 

11.       The development shall not be occupied until the remedial works have been carried out in accordance with the approved remediation strategy. 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. 

 

12.       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 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.

  

13.       For each individual unit all plant, machinery, and equipment to be used by reason of the granting of this permission shall be so installed, maintained, and operated so as to ensure that the rating noise level from the equipment shall be at least 10dBA below the pre-existing background noise level (dBLA90) when measured at the nearest noise sensitive premises/site boundary. Measurements and rating of noise for the purpose of this condition shall be in accordance with BS 4142:2014:+A1:2019 Method for Rating and Assessing Industrial and Commercial Sound (or subsequent updates). 

 

Reason: To protect the amenities of nearby residents and to comply with saved Policy ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

14.       No vehicle repairs or other activity connected with the use hereby permitted except loading/unloading shall be carried out other than within the building(s) unless otherwise previously approved in writing by the Local Planning Authority. 

 

Reason: To protect the amenities of nearby residents and to comply with saved Policy ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

15.       The operational use of the premises shall be restricted to the following times:

 

·     Monday - Friday: 07:00hrs – 18:00hrs

·     Saturdays: 08:30hrs - 17:00hrs

·     Sundays, Bank and Public Holidays: No time.

 

Reason: To protect the amenities of nearby residents and to comply with saved Policy ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework.  

 

16.       No deliveries or collections shall be made to the site outside the following times:

 

·     Monday - Saturday: 23:00hours to 07:00 hours the following day.

·     Sundays, Bank and Public Holidays: No time.

 

Reason: To protect the amenities of nearby residents and to comply with saved Policy ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

17.       Prior to the erection, installation, fixing, placement, and/or operation of any external lighting on the site (including on the buildings itself), details of such external lighting shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the equipment and supporting structures, positions, sizes, heights, type, luminance/light intensity, direction, and cowling of all external lights to the building(s)] and other parts of the application site and the hours at which such lighting is to be operated. This scheme shall ensure that light trespass into the windows of any light sensitive premises shall not have a Vertical Illuminance greater than 10 Lux pre-curfew, and 2 Lux postcurfew (in accordance with the Institution of Lighting Professionals Guidance Notes for the Reduction of Obtrusive Light GN01/2011). 

 

Reason: 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.

 

18.       Prior to the commencement of the development, 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 shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved CEMP. 

 

Reason: 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.  

 

Efficiency 

 

19.       The development hereby permitted shall be constructed to at least a BREEAM Very Good standard.

 

Reason: To ensure energy and resource efficiency practices are incorporated into the development in accordance with government guidance contained within the National Planning Policy Framework.  

 

Landscaping  

 

20.       No development shall commence above slab level until a scheme for landscaping the site has been submitted to and approved in writing by the Local planning authority. The scheme shall include:

 

·     details of the proposed tree and shrub planting including their species, number, sizes, and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment i.e. depth of topsoil, mulch, etc.),

·     details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each

·     tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

·     details of the hard landscaping including hard surface areas, pavements, pedestrian areas, and steps.

 

The development shall be carried out in strict accordance with the approved landscaping scheme and the hard landscape elements shall be carried out prior to the first occupation or use of the development and shall be retained as such thereafter. 

 

All planting, seeding, or turfing included in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) [or on the completion of the development, whichever is the sooner,] and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The approved hard landscaping and boundary treatments shall be completed prior to the first occupation of the development and shall be retained as such thereafter. 

 

Reason: To ensure that a satisfactory landscape scheme is provided in the interest of visual amenity of the area and to comply with Policies ESD13 and 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 

 

21.       Full details of the enclosures along all boundaries of the site shall be submitted to and approved in writing by the Local Planning Authority before the first occupation of the development hereby approved. Thereafter, the development shall be carried out in strict accordance with the approved plans. 

 

Reason: To ensure the satisfactory appearance of the completed development, 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. 

 

Use Class Restriction 

 

22.       The premises shall be used for Use Classes  B8, Eg(i), Eg(ii) and Eg(iii) and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and reenacting that Order with or without modification). 

 

Reason: To safeguard the visual amenities of the area and protect the amenities of nearby residents in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and C31 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework.

 

(2)            It was further resolved that, having regard to the statutory determination period for this application which expired on 5 June 2026, if the section 106 agreement/undertaking was not completed and the permission was not able to be issued by this date and no extension of time had been agreed between the parties, the Assistant Director Planning be given delegated authority 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 sustainable travel connectivity 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 SLE 4, ESD 1, ESD 3 and ESD 5 of the adopted Cherwell Local Plan 2011-2031 Part 1, paragraph 110(e) of the National Planning Policy Framework and Oxfordshire County Council’s Local Transport and Connectivity Plan 2022-2050.