| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

Name and Address of Agent/Applicant :
Bovis Homes Ltd
c/o Bovis Homes Ltd
Mr Barry Herrod
Bromwich Court
Gorsey Lane
Coleshill
B46 1JU

Date Registered : 28th October 2010
Proposal : | Reserved matters to Outline Planning Application 06/00967/OUT - Construction of 38 dwellings (KM6)
Location : | KM6 Development Site Middleton Stoney Road Bicester
Parish (es): | Bicester
UPRN : | 010011913780

APPROVAL OF RESERVED MATTERS SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby APPROVES details of the matters reserved in the outline permission reference No.  10/01491/REM , as described in the above-mentioned application, the accompanying plans and drawings, and any clarifying or amending information   SUBJECT TO THE CONDITIONS SET OUT IN THE ATTACHED SCHEDULE. 

The reason for the imposition of each of the conditions is also set out in the schedule.

Cherwell District Council
Bodicote House
Bodicote
Banbury
Oxon
OX15 4AA

Cherwell District Council

Certified a true copy

Strategic Director
Planning, Housing & Economy

Date of Decision : 16th February 2011

Strategic Director
Planning, Housing & Economy

SCHEDULE OF CONDITIONS

 1	Prior to the commencement of development, samples of the paviours to be used in the construction of the roads, footpaths and parking areas, and samples of the bricks and stone to be used in the construction of the walls of the dwellings, garages and screen walls shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the samples so approved.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy BE1 of the South East Plan 2009 and Policy C28 of the adopted Cherwell Local Plan.

 2	That prior to the commencement of development samples of the slates and tiles to be used in the covering of the roof of the dwellings and garages; shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the samples so approved.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy BE1 of the South East Plan 2009 and Policy C28 of the adopted Cherwell Local Plan.

 3	That prior to the commencement of development a plan showing the details of the finished floor levels of the proposed dwellings, garage and access roads in relation to existing ground levels on the site shall be submitted to and approved in writing by the Local Planning Authority .  The development shall be carried out in accordance with the approved details.
	
	Reason - To ensure that the proposed development is in scale and harmony with its neighbours and surroundings and to comply with Policy BE1 of the South East Plan 2009  and Policy C28 of the adopted Cherwell Local Plan.

 4	That notwithstanding the details submitted as part of the application, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site which shall include:-
	
	(a) 	details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,
	
	(b)	details of the hard surface areas, pavements, pedestrian areas, crossing points and steps.
	
	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 C4 of the South East Plan 2009 and Policy C28 of the adopted Cherwell Local Plan.

 5	That all planting, seeding or turfing comprised 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 that any trees 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 next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.
	
	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 C4 of the South East Plan 2009 and Policy C28 of the adopted Cherwell Local Plan.

 6	That prior to the commencement of any development on the site, notwithstanding the details submitted, full details, specification and construction methods for all purpose built tree pits and associated ground level surfacing materials shall be approved in writing by the Local Planning Authority.  Details must also include specifications for the installation of associated below ground, load-bearing root trenches and structured soils required to accommodate the planting and development of the proposed trees.  The works shall be implemented in accordance with the approved details.
	
	Reason - To ensure that the trees are retained and maintained in a safe and healthy condition and to ensure that the adjacent roads, pavements, screen walls and any other structures are not adversely affected by the tree roots and in the interests of the visual amenities of the development and to comply with Policies BE1 and C4 of the South East Plan 2009 and Policy C28 of the Adopted Cherwell Local Plan.

 7	That prior to the commencement of any of the dwellings and their associated infrastructures on land parcels KM6, the proposed means of access onto the Middleton Stoney Road shall be formed, laid out and constructed strictly in accordance with the Highway Authority's specifications, and all the ancillary works specified shall also be undertaken in accordance with those specifications.
	
	Reason - In the interests of highway safety and to comply with Government advice contained in PPG13: Transport.

 8	That prior to the construction of any of the dwellings or any other developments within land parcel KM6, the proposed vision splays for the new access onto the Middleton Stoney Road (B4030) shall be formed, laid out and constructed in accordance with the approved plans.  The vision splays shall not be obstructed by any object, structure, planting or any other material.
	
	Reason - In the interests of highway safety and to comply with Government advice contained in PPG13: Transport.

 9	That prior to the first occupation of any dwelling, the proposed internal vision splays shall be formed, laid out and constructed in accordance with the approved plans.  Such vision splays shall not be obstructed by any object, structure, planting or other material within a height exceeding or growing above 0.6m as measured from carriageway level.
	
	Reason - In the interests of highway safety and to comply with Government advice contained in PPG13: Transport.

10	That, notwithstanding the provisions of Class A of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and its subsequent amendments, the garage(s) and car-ports shown on the approved plans shall not be converted to provide additional living accommodation without the prior express planning consent of the Local Planning Authority.
	
	Reason - To ensure that satisfactory provision is made for the parking of vehicles on site and clear of the highway in accordance with Policy T4 of the South East Plan 2009.

11	A Local Area of Play (LAP) shall be provided in accordance with the Council's Adopted Policy.  Prior to the commencement of any development on the site, full details of the design of the LAP shall be submitted to and approved in writing by the Local Planning Authority.  The LAP shall be provided in accordance with those approved details prior to the occupation of any of the adjacent dwellings.
	
	Reason - To ensure the provision of appropriate play facilities to serve the development and comply with Policy CC7 of the South East Plan 2009 and Policy R12 of the adopted Cherwell Local Plan.

12	That except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the approved plans and documents accompanying the application.
	
	Plans List
	
	AGD2-02 rev C, AGT2-01 rev C, AGT2-02 rev B, AGS2-01 rev D, BIC-KM6 02-200 rev D, BICE/KM6/02/103 rev C, BICE-KM6-02-400 rev B, BICE/KM6/01/C3030/2 rev B; House Type B, BICE/KM6/01/C3030/1 rev B; House Type B; BICE/KM6/01/A327-2 rev C, House Type C; BICE/KM6/01/A457 rev B, House Type E; BICE/KM6/01/A534 vt rev B, House Type J; BICE/01/A529-2 rev B, House Type K; BICE/KM6/01/BEAU rev B, House Type N; BICE/KM6/01/A550-2 rev B, House Type O; BICE/KM6/01/C5002-2 pll rev C, House Type P; BICE/01/A551 rev B, House Type Q; BICE/KM6/01/S241 rev B, House Type S2; BICE/KM6/05/106 as amended by drawings received 10.01.11.  KM6-001 rev H; BICE-5-501 rev G; BICE-5-502 rev F; BICE-5-601 rev E; BICE-5-600 rev F; received 21.01.11.  KM6-001 rev K; KM6-100 rev E; KM6-101 rev D; BICE/KM6/01 SHER rev A, House Type R; BICE/KM6/01/A444 rev C, House Type G received 09.02.11.
	
	Reason - For the avoidance of doubt, to ensure the development is carried out only as approved by the Local Planning Authority and to comply with Policy BE1 of the South East Plan.

13	That notwithstanding the details submitted, prior to the commencement of any development on the site, full details of all enclosures along all boundaries and within the site shall be submitted to and approved in writing by the Local Planning Authority.  Such boundary treatments and enclosures shall be erected prior to the occupation of those dwellings.
	
	Reason - To ensure the satisfactory appearance of the completed development, to safeguard the privacy of the occupants of the existing and proposed dwellings and to comply with Policies C28 and C30 of the adopted Cherwell Local Plan.

14	That except for the means of enclosures as agreed under Condition 13, no fence, wall or any other means of enclosure shall be erected within the curtilage of any dwelling hereby approved without the consent of the Local Planning Authority.
	
	Reason - In the interests of the visual amenities of the street scene and to ensure compliance with the Approved Design Code, and in accordance with Policies C28 and C30 of the Adopted Cherwell Local Plan.

15	That prior to the commencement of any development on the site, full details of the proposed garden/cycle sheds for each of the plots indicated on the fence key plan KM6-001 rev K, shall be submitted to and approved in writing by the Local Planning Authority.  The sheds erected shall be in accordance with those details.
	
	Reason - To ensure that the proposed development is in scale and harmony with its neighbours and surroundings and to comply with Policy BE1 of the South East Plan 2009 and Policy C28 of the adopted Cherwell Local Plan.

16	The development shall be carried out strictly in accordance with drawing KM6-001 rev K dated January 2011.  The area between the proposed dwellings and the 8m buffer to Pingle Brook, shall remain open at all times and must not be raised, nor obstructed by any fence or other means of enclosure or other obstruction.
	
	Reason - To allow maintenance vehicles unimpeded access along the buffer strip and to minimise any obstruction to flood flows during extreme flood events or following a blockage of the main channel, and in order to comply with Government Advice in PPS25 - Development and Flood Risk and Policy NRM4 of the South East Plan 2009.

17	Prior to the commencement of any development, full details shall be submitted to and approved in writing by the Local Planning Authority to prevent vehicles from being able to enter the public open space from KM6 between Plots 24 and 9-14.  The scheme shall be carried out in accordance with the approved details prior to the first occupation of any dwelling on KM6 and thereafter maintained in accordance with those details.
	
	Reason - In the interests of the visual amenities of the locality and to ensure the protection of the adjacent public open space to comply with Policy C4 of the South East Plan 2009 and Policy C28 of the Adopted Cherwell Local Plan.

PLANNING NOTES 

1.	It is advised that all homes should achieve Part 2 (Physical Security) of secured by Design New Homes 2010.

2.	The applicant is advised that all works to which this permission relates must be carried out strictly in accordance with the plans, drawings and other relevant supporting material submitted as part of this application and hereby approved. The Planning Department must be immediately advised of any proposed variation from the approved documents and the prior approval of this Council obtained before any works are carried out on the site. This may required the submission of a further application. Failure to comply with this advice may render those responsible liable  to enforcement proceedings which may involve alterations and/or demolition of any unauthorised building or structures and may also subsequently lead to prosecution.

3.	Attention is drawn to the conditions imposed on the "outline" permission 06/00967/OUTgranted on 27 June 2008; which should be read together with this approval.  Any outstanding requirement of the conditions to submit details for approval by the Local Planning Authority should be particularly noted.

4.	The applicant shall draw to the attention of the Local Planning Authority the presence of any unsuspected contamination encountered during development. In the event of contamination to land, water or environment being encountered, no development shall continue until a programme for investigation and/or remedial work, to be performed by a competent person, has been submitted in writing and approved by the Local Planning Authority. No part of the development shall be occupied until remedial, monitoring and certification of works have been undertaken and a remediation and validation reports submitted to and approved by the Local Planning Authority. For further information please contact the Council’s Environmental Protection Officer.

5.	Attention is drawn to a Legal Agreement related to this development or land which has been made pursuant to Section 106 of the Town and Country Planning Act 1990, Sections 111 and 139 of the Local Government Act 1972 and/or other enabling powers.

SUMMARY OF REASONS FOR THE GRANT OF PLANNING PERMISSION AND RELEVANT DEVELOPMENT PLAN POLICIES
	
	The Council, as local planning authority, has determined this application in accordance with the development plan unless material considerations indicated otherwise.  The development is considered to be acceptable on its planning merits as the layout and house types proposed comply with the Approved Design Code accompanying the Outline application and are considered acceptable in design terms and is compatible with the scale of the development in the surrounding area and is acceptable in terms of its impact on the character and visual amenities of the locality.  As such the proposal is in accordance with Policies CC1, CC4 and CC6 of the South East Plan 2009 and Policies C28 and C30 of the adopted Cherwell Local Plan.  For the reasons given above and having regard to all other matters raised, the Council considers that the application should be approved and planning permission granted subject to appropriate conditions, as set out above.

| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

NOTES TO THE APPLICANT

TIME LIMITS FOR APPLICATIONS 

By virtue of Sections 91-96 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, planning permissions are subject to time limits.  If a condition imposing a time limit has been expressly included as part of the permission, then that condition must be observed.  Otherwise, one or other of the following time limits will apply :

Where planning permission is given in outline subject to a condition reserving certain matters for subsequent approval, application for approval of such matters reserved must be made not later than the expiration of 3 years beginning with the date of the outline planning permission and further the development to which the permission relates must be begun not later than the expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

Where the planning permission is complete and is not in outline, the development must be begun not later than the expiration of 3 years from the date on which permission was granted.

OTHER NECESSARY CONSENTS

This document only conveys permission or approval for the proposed development under Part III of the Town and Country Planning Act 1990 and you must also comply with all the bye-laws, regulations and statutory provisions in force in the District and secure such other approvals and permissions as may be necessary under other parts of the Town and Country Planning Act 1990 or other legislation.

In particular you are reminded of the following matters :

•	The need in appropriate cases to obtain approval under the Building Regulations. The Building Regulations may be applicable to this proposal.  You are therefore advised to contact the District Council’s Building Control Manager before starting work on site.

•	The need to obtain an appropriate Order if the proposal involves the stopping up or diversion of a public footpath.

•	Data supplied by the National Radiological Protection Board (NRPB) and the British Geological Survey (BGS) suggests that the site of this application falls within an area which is potentially at risk from radon. This may require protective measures in order to comply with the Building Regulations if your consent relates to a new dwelling or house extension. Further advice on whether protective measures are required under the Building Regulations can be obtained by contacting the Building Control Manager on 01295 221597, fax 01295 253153 or E-mail at building.control@cherwell-dc.gov.uk

•	The need to obtain a separate “Listed Building Consent” for the demolition, alteration or extension of any listed building of architectural or historic interest from the Local Planning Authority.

•	The need to make any appropriate arrangements under the Highways Act in respect of any works within the limits of a public highway.  The address of the Highway Authority is Oxfordshire County Council, Speedwell House, Speedwell Street, Oxford, OX1 1NE.

•	It is the responsibility of the applicant to ascertain whether his/her development affects any public right of way, highway or listed building.

APPEALS TO THE SECRETARY OF STATE

If you are aggrieved by the decision of the Local Planning Authority to grant permission or approval subject to conditions, you can appeal to the First Secretary of State in accordance with Section 78(1) of the Town and Country Planning Act 1990.

If you wish to appeal, then you must do so within six months of the date of this notice. Forms can be obtained from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol. BS1 6PN, Telephone No. 0117 372 8000.  The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

The Secretary of State need not consider an appeal if it seems to him that permission or approval for the proposed development could not have been so granted otherwise than subject to the conditions imposed by the Local Planning Authority, having regard to the statutory requirements, to the provisions of the development order and to any directions given under the order.

In practice, the Secretary of State does not refuse to consider appeals solely because the Local Planning Authority based its decision on a direction given by him.

PURCHASE NOTICES

If either the Local Planning Authority or the First Secretary of State grants permission or approval for the development of land subject to conditions, the owner may claim that he/she can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

In these circumstances the owner may serve a purchase notice on the District Council.  This notice will require the Council to purchase his/her interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

COMPENSATION

In certain circumstances compensation may be claimed from the Local Planning Authority if permission is granted subject to conditions by the Secretary of State on appeal or on reference of the application to him.

These circumstances are set out in the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991.