| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

Name and Address of Agent/Applicant :
Bovis Homes Ltd
Mr Dan Simpson
1 Bromwich Court
Gorsey Lane
Coleshill
North Warwickshire 
B46 1JU

Date Registered : 27th May 2015
Proposal : | To provide a new temporary access road off Middleton Stoney Road to access the building compound, car parking and materials storage serving KM4 Parcel
Location : | KM4 South West Bicester Development Site Wetherby Road Bicester
Parish(es) : | Chesterton

PERMISSION FOR DEVELOPMENT SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby GRANTS planning permission for the development 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
Head of Public Protection & Development Management

Date of Decision : 7th August 2015

Head of Public Protection 
& Development Management

SCHEDULE OF CONDITIONS

 1	That at the expiration of 2 years from the date hereof, the use of this temporary construction access shall be discontinued, and the land reinstated as highway verge with hedge planting in accordance with a scheme, full details of which shall first be submitted to and approved in writing by the Local Planning Authority. Full details of the remediation and reinstatement works, which shall include a new hedge to the Middleton Stoney road, shall be submitted no later than 18 months from the date of this permission, to be approved in writing by the Local Planning authority prior to those remediation works commencing. The approved scheme shall be implemented in full within 6 months of the cessation of the use of this temporary construction access. Any tree, shrub or planting which, within a period of five years from the completion of the remediation works, 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 view of the special circumstances of the case and in the interests of the visual amenities of the locality and interests of highway safety in accordance with Policy C28 of the adopted Cherwell Local Plan and Government advice within the National Planning Policy Framework.

 2	Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following plans and documents: Application forms and drawings numbered 30472 KM4 Rev A Site Location Plan; BICE-5-1002 Vehicle Swept path Analysis; BICE-5-1003 Swept Path Analysis; BICE-5-1001 Rev H Site Compound layout Plan and BICE-5-535 Rev A Temporary Construction Access off Middleton Stoney Road.
	
	Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with Government guidance contained within the National Planning Policy Framework.

 3	The access hereby approved shall be constructed and used only in association with the construction of the approved dwellings on land parcel KM4 under application number 14/01054/REM, as outlined in red on the location plan, drawing number 30472 KM4 Rev A, only, and for no other purpose whatsoever. 
	
	Reason: In the interests of the visual amenities of the locality and highway safety and to comply with Policy C28 of the adopted Cherwell Local plan and Government guidance within the National Planning Policy Framework.

 4	Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the means of access shall be constructed and retained in accordance with the approved details.
	
	Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework

 5	Prior to the commencement of the development hereby approved, a routing agreement for HGVs using the access, intended to minimise the impact of its operation in the immediate vicinity and on the wider network, shall be submitted to and approved in writing by the Local Planning Authority
	
	Reason: In the interests of highway safety and to comply with Government guidance within the National Planning Policy Framework

 6	Prior to the commencement of the development hereby approved, a plan showing signs (i) warning all road users of the presence of Heavy Goods Vehicles using the entrance and (II) advising Heavy Goods Vehicle drivers to turn left out of the site entrance only shall be submitted to and approved in writing by the Local Planning Authority. The signage as agreed shall be erected prior to the access being first brought into use and removed from the site within 1 month of the cessation of the use of the access.
	
	Reason: In the interests of highway safety and the amenities of the locality and to comply with Government guidance within the National Planning Policy Framework

 7	That prior to the commencement of the development, a dust management plan, to include the provision of vehicle wheel washing, shall be submitted to and approved in writing by the Local Planning Authority. The plan shall be brought into use and thereafter complied with during the use of the construction access.
	
	Reason: In the interest of highway safety and the residential amenities of the area and to comply with Government guidance within the National Planning Policy Framework.

 8	Prior to the commencement of the development hereby approved, full details of the proposed fencing either side of the access shall be submitted to and approved in writing by the Local Planning Authority. The fencing shall be installed in accordance with the approved details prior to the access being first brought into use and shall be removed from the site upon cessation of the use of the access.
	
	Reason: In the interests of highway safety and in the interests of the visual amenities of the locality and to accord with Policy C28 of the adopted Cherwell Local Plan and Government advice within the National Planning Policy Framework.

PLANNING NOTES 

1.	Construction Sites
	
	The applicant's and/or the developer's attention is drawn to the requirements of the Control of Pollution Act 1974, the Environmental Protection Act 1990 and the Clean Air Act 1993, which relate to the control of any nuisance arising from construction sites.  The applicant/developer is encouraged to undertake the proposed building operations in such a manner as to avoid causing any undue nuisance or disturbance to neighbouring residents.  Under Section 61 of the Control of Pollution Act 1974, contractors may apply to the Council for 'prior consent' to carry out works, which would establish hours of operation, noise levels and methods of working.  Please contact the Council's Anti-Social Behaviour Manager on 01295 221623 for further advice on this matter.

2.	Biodiversity/Protected Species
	
Your attention is drawn to the need to have regard to the requirements of UK and European legislation relating to the protection of certain wild plants and animals.  Approval under that legislation will be required and a licence may be necessary if protected species or habitats are affected by the development.  If protected species are discovered you must be aware that to proceed with the development without seeking advice from Natural England could result in prosecution.  For further information or to obtain approval contact Natural England on 01635 268881.
	
3.	Nesting Birds
	
	Birds and their nests are fully protected under the Wildlife and Countryside Act 1981 (as amended), which makes it an offence to intentionally take, damage or destroy the eggs, young or nest of a bird whilst it is being built or in use. Disturbance to nesting birds can be avoided by carrying out vegetation removal or building work outside the breeding season, which is March to August inclusive.

STATEMENT OF ENGAGEMENT
	
	In accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No 2) Order 2012 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), this decision has been taken by the Council having worked with the applicant/agent in a positive and proactive way by seeking to work with the applicants to ensure that all the necessary information is submitted within the necessary timescales to enable the application to be properly considered and determined within the timescales.

| 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 0300 003 0200, fax 0300 003 0201 or E-mail at building.control@cherwellandsouthnorthants.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 refuse to  grant planning permission or grant planning permission subject to conditions, you can appeal to the Secretary of State in accordance with Section 78(1) of the Town and Country Planning Act 1990.
If you wish to appeal then;
•	For Householder applications you must do so within 12 weeks of the date of the decision  
•	For Minor Commercial applications you must do so within 12 weeks of the date of the decision
•	For all other types of planning applications you must do so within 6 Months of the date of the decision

Unless;
•	The decision on the application relates to the same or substantially the same land and the development is already the subject of an enforcement notice then you must appeal within 28 days of the date of the Local Planning Authority’s decision on the planning application. 
•	If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal the decision, then you must do so within 28 days of the service of the enforcement notice, or 6 months (12 weeks for householder and minor commercial) of the date of this decision which ever is the sooner

Forms can be obtained from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Tel (0303 444 5000. Or online at www.planningportal.gov.uk/pcs. 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.