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 24/01909/F for the change of use of part of building to form 10no apartments (Use Class C3) including the partial demolition and alterations to the rear elevation and associated works – revised scheme of 23/00401/F at Borough House, Marlborough Road, Banbury, OX16 5TH for Fellside Estates.

 

Tom Mason, on behalf of the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Webb and seconded by Councillor Mawson that application 24/01909/F be approved, in line with the officer recommendation.

 

In reaching its decision the Committee considered the officer’s report and presentation, the addressof the public speaker 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 24/01909/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):

 

a)    Payment of a financial contribution towards off site indoor sports provision in the locality of £5,063.33 towards strategic facilities (index linked)

b)    Payment of a financial contribution towards off site outdoor sports in the locality of £20,170.30 towards strategic facilities (index linked)

c)    Payment of a financial contribution towards off site provision of community hall facilities of £6,924.78 (index linked)

d)    Payment of a financial contribution towards educational infrastructure TBC

e)    Payment of the Council’s monitoring costs TBC.

 

 

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 “21020 (D) 201 Revision D”, “21020 (D) 202 Revision D” and “21020 (D) 203 Revision D” and “21020 (D) 204 Revision D” 

 

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.  

 

Brick sample 

 

3.         No development shall commence above slab level unless and until a brick sample panel minimum (1m2 in size) has been constructed on site to match the brickwork on the existing building and showing the mortar to be used in the repointing and has been inspected and approved in writing by the Local Planning Authority. The external walls of the development shall be laid, dressed, coursed, and pointed in strict accordance with the approved stone sample panel and shall be retained as such thereafter.

 

Reason - To ensure that the development is constructed and finished in materials which are in harmony with the building materials used in the locality and to safeguard the character and appearance of the Conservation area and the significance of heritage assets and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework 

 

Detailed schedule of materials for the extension 

 

4.         No development shall commence above slab level unless and until a detailed schedule of materials for the extensions shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details.

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.  

 

Parking provision for vehicles 

 

5.         Notwithstanding the details submitted, no development shall commence until and unless a plan detailing the proposed parking provision for vehicles to be accommodated within the site, has been submitted to and approved in writing by the Local Planning Authority. The approved parking facilities shall be laid out and completed in accordance with the approved details before the first occupation of the building. The car parking spaces shall be retained for the parking of vehicles at all times thereafter.

 

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. 

 

Repointing of the brickwork 

 

6.         Prior to the any repointing of the brickwork, details including mortar specification details and sample of the repointing to an inconspicuous location to match the core sample of the existing mortar shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details. 

 

Reason - To ensure that the development is constructed and finished in materials which are in harmony with the building materials used in the locality and to safeguard the character and appearance of the area and the significance of heritage assets and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Treatment of the existing and proposed doors 

 

7.         Notwithstanding the submitted details, details of the treatment of the existing and proposed doors shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The development shall not be carried out other than in accordance with the approved details.

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Details of the new openings including method statement, materials samples, and details 

 

8.         Notwithstanding the details submitted, no development shall commence unless and until details of the new openings including method statement, materials samples, and details to match the existing building have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details and shall be retained as such thereafter. 

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Joinery details including windows and doors 

 

9.         Notwithstanding the details submitted, no development shall commence above slab level unless and until joinery details including windows, doors and at a scale of 1:10 including cross sections and colour/finish have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details and shall be retained as such thereafter.

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Details including panelling, flooring, internal walls, staircases, and AOV system/services 

 

10.      Notwithstanding the details submitted, no development shall commence above slab level unless and until details including panelling, flooring, internal walls, staircases, and AOV system/services have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details and shall be retained as such thereafter. 

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Details and positioning of external vents

 

11.  Notwithstanding the submitted details, details and positioning of external vents shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The development shall not be carried out other than in accordance with the approved details.

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Details full details of soil vent pipes 

 

12.      Notwithstanding the submitted details, details full details of soil vent pipes shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The development shall not be carried out other than in accordance with the approved details.

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

No features of architectural or historic interest shall be altered, replaced, or removed.

 

13.      Unless such work is clearly and specifically referred to on drawings or other documents approved, no features of architectural or historic interest shall be altered, replaced, or removed. Any such features encountered during the work shall be drawn to the attention of the Local Planning Authority. 

 

Reason - To safeguard the character and appearance of the area and the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Details for any fire upgrade 

 

14.      Notwithstanding the submitted details, details for any fire upgrade shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The development shall not be carried out other than in accordance with the approved details.  

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Details for any plastering  

 

15.      Notwithstanding the submitted details, details for any Plastering shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The development shall not be carried out other than in accordance with the approved details.  

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

Details for any thermal upgrade

 

16.      Notwithstanding the submitted details, details for any thermal upgrade shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The development shall not be carried out other than in accordance with the approved details.

 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Rainwater goods 

 

17.      The rainwater goods installed to serve the development hereby permitted must be cast iron and painted black and shall be retained as such thereafter.  

 

Reason - To ensure and retain the satisfactory appearance of the completed development and to safeguard the significance of heritage assets 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.  

 

Regulation 41 of the Habitat and Species Regulations 2010

 

18.      Where an offence under Regulation 41 of the Habitat and Species Regulations 2010 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. 

 

Travel Information Pack 

 

19.      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 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.

 

Covered cycle parking facilities 

 

20.      Prior to the first use or occupation of the development hereby permitted, and notwithstanding the details submitted, 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.

 

Details of the waste storage 

 

21.      Prior to the first occupation of the development hereby approved and notwithstanding the details submitted, details of the waste storage shall be submitted and approved in writing to the Local Planning Authority. The bin stores shall thereafter be provided in accordance with the approved details prior to the first occupation of the development and shall thereafter be permanently retain in association with the use and used for no other purpose whatsoever.  

 

Reason – In the interests of the amenity of future occupiers and to ensure that the completed development is in keeping with and preserves the character and appearance of the Conservation Area and to comply with saved Policies C28 and C30 of the Cherwell Local Plan 1996, Policy ESD 15 of the Cherwell Local  Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework

 

 

(2)          It was further resolved, that when the statutory determination period for this application expires on 31 July 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 has been agreed between the parties, authority be delegated to the Assistant Director Planning to refuse application 24/01909/F 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 planning obligations 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 INF1, PSD1, BSC10, BSC11 and BSC12 of the Cherwell Local Plan 2011-2031 Part 1, Policies COM2, COM20, COM23 and COM24 of the draft Cherwell Local Plan 2042, and Government guidance contained within the National Planning Policy Framework.