NOTICE OF DECISION	
	TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

	
Name and Address of Agent/Applicant:

Countryside Properties (Bicester) Ltd
Mr Steve Price
Countryside House
The Drive
Brentwood
CM13 3AT

	
Date Registered: 16th February 2009

Proposal:	Reserve matters (ref: 06/00967/OUT) -  Phase 1 of strategic highway infrastructure; new roundabout off Middleton Stoney Road and first 480m of the internal spine road and associated landscaping (as amended by plans received 14.10.09).	
Location:	Land South West Of Bicester Adjoining Oxford Road And, Middleton Stoney Road, Bicester, Oxfordshire 	
Parish(es):	Bicester		 	

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.   , 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

	

Date of Decision: 18th March 2010	
Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	Except as stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans; drawing no.s 1903/SK/089 C – Section 38 Planning Boundary;1903/D/102 R - Drainage layout;1903/D/107Q - Drainage layout; 1903/GA/022J - Site Layout Prelim Layout 2; 1903/GA/027J – Signals & Lights Layout; 1903/RP/001L – Spine Road A – Long Sections 1 & 2; 1903/RP/006 A– Northern western access Roundabout L’Section; 1903/RP/013 C - Middleton Stoney Roundabout & Ditch Sections; 1903/RP/014B – Spine Road A Cross Sections;1903/RP/022 D– Finished Road Contours & gulley catchments; 1903/RP/027D - Finished Road Contours & gulley catchments;1903/RP/042 – Finished Residual Hazards & Earthworks; 1903/RP/047 H– Finished Residual Hazards & Earthworks; 1903/S38/002 K– Highway Layout Spine Road 0-480;1903/S38/007 A- Highway Layout Spine Road A; 1903/SD/110 B– On site works – Headwall Type 2; 1903/S278/002F – S38/S278 Land Plan; 1903/SD/120B – Central reservation drainage details; 1903/TS/022 E – Signs and Lines – Layout 2; 1903/TS027F – Site Layout Prelim Layout 7
	Standard Drawings - 1903/SD/001E; 1903/SD/002E; 1903/SD/003E; 1903/SD/004D; 1903/SD/005D; 1903/SD/006D; 1903/SD/007C; 1903/SD/008D; 1903/SD/009C; 1903/SD/011D; 1903/SD/012C; 1903/SD/014D; 1903/SD/015D; 1903/SD/016C; 1903/SD/017B; 1903/SD/018C; 1903/SD/019D; 1903/SD/020C; 1903/SD/021C; 1903/SD/022C; 1903/SD/024B; 1903/SD/025B; 1903/SD/27C; 
	
	Landscape Drawings –DFD/BIC/ENT/L4D; DFD/BIC/ENTL3 J; DFD/BIC/ENT/L1 K; 
	
	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 Policy BE1 of the South East Plan.

 2	An arboricultural survey in accordance with  BS 5837: 2005,  shall be undertaken prior to work commencing. The survey shall also identify the existing trees unaffected by the highway works and therefore capable of retention and measures to ensure that they are retained in situ in accordance with the survey and details that have first been submitted to and approved in writing by the LPA. The development shall thereafter be retained in accordance with the approved details.
	
	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	A plant schedule, including planting numbers and spacing’s, for the main entrance landscaping shown on drawing no. DFD/BIC/ENTL1 K shall be submitted to and approved in writing by the LPA prior to work commencing. The landscaping shall thereafter be carried out in accordance with the approved details.
	
	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.

 4	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.

 5	Prior to the first use of the road hereby approved the attenuation ponds to the north east shall be constructed and operational.
	
	Reason - To ensure satisfactory drainage of the site in the interests of public health, to avoid flooding of adjacent land and property and to comply with Government advice in PPS25: Development and Flood Risk, Policy NRM4 of the South East Plan 2009 and Policy ENV1 of the adopted Cherwell Local Plan.

 6	Details of the final surfacing material for the footpaths and road surfaces shall be submitted to and approved in writing by the local planning authority prior to the first use of any final finishing material. 
	
	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.

 7	Notwithstanding the details shown on drawing no.1903/RP/027 – Finished Road Contours and gulley catchments –revised details shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing. The revised details will address and prevent the area to the north-side of the works from ponding/filming. The road shall be constructed in accordance with the approved details. 
	
	Reason - In the interests of highway safety and to comply with Government advice contained in PPG13: Transport.

 8	Notwithstanding the details shown on drawing no.s 1903/TS/022 & 1903/TS/027  – Traffic Signs, Road Markings – revised details shall be submitted to and approved in writing by the Local Planning Authority prior to the first sign being displayed. The signage shall be carried out in accordance with the approved details.
	
	Reason - In the interests of highway safety and to comply with Government advice contained in PPG13: Transport.

 9	Notwithstanding the details submitted, details of the bollards to be used along the spine road shall be submitted to and approved in writing by the local planning authority prior to the road being brought into use.
	
	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.

PLANNING NOTES 

 1	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.

 	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 proposed design of the road is appropriate and will not unduly impact on the neighbouring properties or adversely affect the character of the area and results in a satisfactory highway design. As such the proposal is in accordance with South East Plan Policy CC1, CC4, CC6 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 0300 0030 200, 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 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. 0303 444 5000.  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.