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 25/01009/OUT, an outline application for the demolition of an existing building and development of up to 100 dwellings (Use Class C3) alongside open space, sustainable drainage and ancillary infrastructure with all matters reserved except for primary means of vehicular access from Barford Road at Land East Of Barford Road, Bloxham for Ainscough Strategic Land Limited.

 

Councillor Rob Pattenden addressed the Committee as Local Ward Member.

 

Dave Morris, on behalf of Bloxham Parish Council, addressed the Committee in objection to the application.

 

Karen Barnes, agent on behalf of the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Conway and seconded by Councillor Webb that application 25/01009/OUT 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 recommendation authority be delegated to the Assistant Director Planning to grant permission for application 25/01009/OUT, subject to:

 

(i)            The conditions set out below (and any amendments to those conditions as deemed necessary); and the inclusion of an additional condition as requested by Thames Water the wording of which will be agreed with the applicant.

 

(ii)          The entering into a section 106 legal agreement to include the contributions and infrastructure (as set out in the Annex to the Minutes as set out in the Minute Book) (and any amendments to those conditions as deemed necessary) including reference to the need for the open space on the southern parcel of site to remain as open space in perpetuity.

 

Conditions

 

Time Limit

 

1.         Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of two years from the date of this permission and the development hereby permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

 

Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (Development Management Procedure (England)) Order 2015 (as amended). 

 

Reserved Matters 

 

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). 

 

Approved Plans 

 

3.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application forms and the following plans and documents:

 

·      Site Location Plan. Drawing Reference No. LP01

·      Parameters Plan. Drawing Reference No. WE002 PP01 Rev M

·      Proposed Northern Site Access. Drawing No. 4613-F03 Rev D

·      Illustrative Landscape Strategy Plan. Drawing No. EDP 9032_D013c 

 

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. 

 

Access 

 

4.         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. 

 

Vision Splays

 

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

 

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

 

Traffic Calming 

 

6.         No development shall commence unless and until full details of a scheme of traffic calming across the site access along Barford Road, including position, layout, vision splays, construction, drainage and lighting, have been submitted to and approved in writing by the Local Planning Authority, together with a timetable for its implementation. Thereafter these works shall be constructed in accordance with the approved details and timetable. 

 

Reason: In the interest of Highway Safety. 

 

Cycle Parking 

 

7.         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. 

 

Electric Charging Points 

 

8.         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. 

 

Construction Traffic Management Plan

 

9.         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. 

 

Travel Information Pack 

 

10.      Prior to first occupation the development a Travel Information Pack shall be submitted to and approved by the Local Planning Authority. Thereafter the first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack.

 

Reason: To ensure all residents and employees are aware from the outset of the travel choices available to them, and to comply with Government guidance contained within the National Planning Policy Framework. 

 

Travel Plan 

 

11.      Prior to the first occupation of the development hereby approved, a Travel Plan, prepared in accordance with the Department of Transport’s Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans", shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented and operated in accordance with the approved details. 

 

Reason: In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government guidance contained within the National Planning Policy Framework. 

 

Removal of Permitted Development Rights 

12.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any order revoking and re-enacting that order with or without modification, no development as specified in Schedule 2, Part 14, Classes A, B, H, I, and J, shall be carried out without express planning permission first being obtained from the Local Planning Authority. 

 

Reason: To safeguard the operation of technical equipment located at RAF Barford St John by providing a reasonable and appropriate level of control over the installation of microgeneration equipment. To ensure the development accords with the requirements of paragraph 102 (b) of the National Planning Policy Framework (December 2024).

 

Landscaping 

 

13.      In order to ensure a sufficient quantum of planting in the structural landscape planting mitigation area as shown on drawing No. PP01 Rev M a minimum overall density of 1 plant per 1m2 is required. 

 

Reason in the interests of achieving a satisfactory landscape mitigation scheme as required by Policy ESD13. 

 

Construction Environment and Traffic Management Plan 

 

14.      No development shall commence until a Construction Environment and Traffic Management Plan 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.     

 

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.

 

Landscape Ecological Management Plan

 

15.      Prior to first occupation of the development hereby approved a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the local planning authority. The development shall not be carried out other than in full accordance with the approved LEMP including any/all timescales set out therein.

 

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.

 

Lighting

 

16.      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 shall be submitted to and approved in writing by the local planning authority. The lighting shall be installed in accordance with the approved scheme prior to the first use of the development hereby approved and shall be operated and maintained as such at all times thereafter.

 

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.

 

Landscaping

 

17.      All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, 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. Any trees, herbaceous planting and 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 current/next planting season with others of similar size and species. 

 

Reason - In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the 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. 

 

Open Space and Landscaping  

 

18.      No development shall commence above slab level unless and until full details of the provision, landscaping and treatment of open space within the site together with a timeframe for its provision shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the open space shall be landscaped, laid out and completed in accordance with the approved details and retained at all times as open space. 

 

Reason - In the interests of amenity, to ensure the creation of a pleasant environment for the development with appropriate open space and to comply with Policy BSC11 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

Tree Removal 

 

19.      No removal of hedgerows, trees or shrubs, shall take place between the 1st March and 31st August inclusive, unless the Local Planning Authority has confirmed in writing that such works can proceed, based on health and safety reasons in the case of a dangerous tree, or the submission of a recent survey (no older than one month) that has been undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site.

 

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.

 

Ecology 

 

20.      Within two months of the commencement of the development the site shall be thoroughly checked by an ecologist (member of the IEEM or similar related professional body) to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme.

 

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.

 

Habitat Management and Monitoring Plan 

 

21.      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

·      Details and number and location of bird and bat boxes to be provided.

·      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.  

 

Surface Water Drainage 

 

22.      Construction shall not begin until/prior to the approval of first reserved matters; a detailed surface water drainage scheme for the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

 

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

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

·      A Flood Exceedance Conveyance Plan;

·      Detailed design drainage layout drawings of the SuDS proposals including cross-section details;

·      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;

·      Confirmation of any outfall details.

·      Consent for any connections into third party drainage systems

·      Details of the management of the culvert running between the site and the recreation ground opposite. 

 

Reason: To prevent environmental and amenity problems arising from flooding and to comply with government guidance contained within the National Planning Policy Framework.

 

SuDS As Built and Maintenance Details 

 

23.      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 .pdf 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 prevent environmental and amenity problems arising from flooding and to comply with government guidance contained within the National Planning Policy Framework. 

 

Contamination  

 

24.      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 "Land Contamination Risk Management (LCRM)" and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition. 

 

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. 

 

Contamination Remediation.

 

25.      If contamination is found by undertaking the work carried out under condition [24], 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  "Land Contamination Risk Management (LCRM)" 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. 

 

Contamination. Completion of Remedial Works.

 

26.      If remedial works have been identified in condition [24], the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition [25]. 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. 

 

If remedial works have been identified in condition [24], the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition [25]. 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.  

 

Archaeology 

 

27.      Prior to any demolition and commencement of 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 (2024). 

 

28.      Following the approval of the Written Scheme of Investigation referred to in condition 27, and prior to any demolition of the site and the commencement of 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 2 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.

 

(2)          It was further resolved that if the section 106 agreement/undertaking was not completed within 6 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, the Assistant Director Planning be given delegated authority to refuse the application for the following reason:

 

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 and provisions 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 contrary to  Policies BSC3, BSC10, BSC11, BSC12, SLE4 and INF1 Cherwell Local Plan 2015 and the aims and objectives of the National Planning Policy Framework.