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

	
Name and Address of Agent/Applicant:

Countryside Properties (Bicester) Ltd.
c/o Terence O' Rourke
Mr Nick Guildford
Everdene House
Deansleigh Road
Bournemouth
Dorset
BH7 7DU

	
Date Registered: 19th November 2015

Proposal:	Reserved Matters to application 06/00967/OUT - Provision of Local Centre to include Community Centre (Class D1), Youth Centre (Class D1), Nursery (Class D1), Convenience Store (Class A1), 4 x retail units (Class A1/A2/A3/A4 and/or A5), employment units at first floor (B1a) and associated development including public square, landscaping, car parking, recycling point and ancillary servicing yard off Whitelands Way, at the Kingsmere development, South West Bicester.	
Location:	Formerly 2, Whitelands Farm Cottages, Street From Middleton Stoney Road To Whitelands Farm, Chesterton Bicester	
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.  06/00967/OUT , 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
Head of Public Protection & Development Management	

Date of Decision: 20 June 2016	
Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement and drawings numbered: 
	
	Hunters drawing no. AGA005 rev H, Site location;
	Hunters drawing no. AGA010 rev O, Ground floor GA;
	Hunters drawing no. AGA020 rev J, First floor GA;
	Hunters drawing no. AGA030 rev F, Elevations;
	Hunters drawing no. AGA035 rev C, Elevation details;
	Hunters drawing no. AGA040 rev F, Street scenes;
	Hunters drawing no. AGA050 rev I, Nursery layout;
	Hunters drawing no. AGA060 rev L, Community centre;
	WSP drawing no. 2779-ATR-007 A Swept Path Analysis 12m Rigid Vehicle (rear service area);
	2779-ATR-008 Rev A Swept Path Analysis 10.5m refuse vehicle;
	WSP drawing 1903-LCP-100 Rev K Local Centre Car Park General Arrangement;
	WSP drawing 1903-LCP-102 Rev G Local Centre Car Park Setting Out;
	WSP drawing 1903-LCP-110 Rev J Local Centre Car Park Swept Path Analysis;
	WSP drawing 1903-LCP-120 Rev F Local Centre Car Park Long Sections;
	WSP drawing 1903-LCP-200 Rev H Local Centre Car Park Site Clearance;
	WSP drawing 1903-LCP-500 Rev L Local Centre Car Park Drainage Layout;
	WSP drawing 1903-LCP-700 Rev H Local Centre Car Park Pavement and Kerbing;
	WSP drawing 1903-LCP-1200 Rev J Local Centre Car Park Signing & Roadmarkings;
	WSP drawing 1903-LCP-1300 Rev H Local Centre Car Park Street Lighting;
	Surface Water and Foul Water Drainage Strategy Statement and enclosed drawings, prepared by WSP, dated 4th May 2016;
	Sustainability Strategy, prepared by Turley, dated April 2016; 
	DJA drawing 2226_LC_001M Landscape Masterplan;
	DJA drawing 2226_LC_002H Softwork Proposals;
	DJA drawing 2226_LC_003H Topsoiling Strategy;
	DJA drawing 2226_LC_004L Hard Surfaces Strategy;
	DJA drawing 2226_LC_005L Street Furniture Proposals;
	DJA drawing 2226_LC_006A Softworks Materials Palette;
	DJA drawing 2226_LC_007B Hardworks Materials Palette;
	DJA drawing 2226_LC_008A Street Furniture Palette; 
	DJA drawing 2226_LC_D001A General Paving Principles;
	DJA drawing 2226_LC_D002A Timber Knee Rail; 
	DJA drawing 2226_LC_D003A 1.2m Vertical Bar Railing;
	DJA drawing 2226_LC_D004A Temporary Protection Fencing;
	DJA drawing 2226_LC_D005A Plant Materials Generally;
	DJA drawing 2226_LC_D006A Tree Planting in Soft Ground & Verges;
	DJA drawing 2226_LC_D007C Tree Planting in Hard Surfaces; 
	DJA drawing 2226_LC_D008A Topsoil & Subsoiling Profiles for Areas Subject to General Landscape Operations; and
	Note, 'Revision to Height of Fence along Northern Boundary dated 11 April 2016' by WSP. 
	
	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.

 2	Prior to the commencement of the development hereby approved, samples of the materials to be used in the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter 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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. 

 3	Upon the commencement of the development, full details of the doors and windows hereby approved, at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to an approved in writing by the Local Planning Authority. Thereafter the doors and windows shall be installed within the building in accordance with the approved details.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. 

 4	Upon the commencement of the development hereby approved, a colour scheme for the colouring of the external render and panels shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the render and panels shall be finished and thereafter maintained in accordance with the approved colour scheme.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. 

 5	Prior to the first occupation of any part of the development hereby approved, the refuse bins shall be provided in accordance with the approved plans.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. 

 6	Prior to the commencement of the development hereby approved and notwithstanding the planting scheme submitted, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site shall include:- 
	(a)	details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,
	
	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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework and to comply with the approved Design Code.

 7	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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 8	Prior to the commencement of the development hereby approved, and notwithstanding the submitted details, full details, locations, specifications and construction methods for all purpose built tree pits and associated above ground features, to include specifications for the installation of below ground, load-bearing 'cell structured' root trenches, root barriers, irrigation systems and a stated volume of a suitable growing medium to facilitate and  promote the healthy development of the proposed trees, 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 details and specifications.
	
	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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 9	Prior to the commencement of the development hereby approved, and notwithstanding the submitted details, full details, locations, specifications and construction methods for all tree pits located within soft landscaped areas, to include specifications for the dimensions of the pit, suitable irrigation and support systems and an appropriate method of mulching, 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 details and specifications.
	
	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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

10	The development hereby permitted shall be undertaken in accordance with the Surface Water and Foul Water Drainage Strategy, received on 5th May 2016 and associated drawings referred to within Condition 1. 
	
	Reason - to safeguard against the risk of flooding and/or pollution of the water environment and to comply with Government Guidance contained within the National Planning Policy Framework. 

11	The approved car and cycle parking details shall be implemented prior to the occupation of the relevant part of the development which they serve and thereafter retained to the satisfaction of the Local Planning Authority. 
	
	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.  

12	A detailed travel plan for each part of the development hereby approved shall be submitted to the Local Planning Authority within three months of each part being brought forward into use. The travel plan shall be in accordance with the submitted Travel Plan Framework and Kingsmere Site Framework Travel Plan. The relevant part of the scheme shall thereafter be operated in accordance with the approved travel plan.
	
	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.  

13	The development hereby permitted shall be implemented in accordance with the Sustainability Strategy dated April 2016, received on 5th May 2016.
	
	Reason - To ensure sustainable construction and reduce carbon emissions in accordance with Policy ESD3 of the adopted Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework 

14	Prior to the commencement of the development hereby approved, a signage and shop front strategy for the Local Centre development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved strategy.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

15	Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking, servicing and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking, servicing and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

16	Opening hours of the retail units shall be limited to between 07:00 and 23:00, unless otherwise agreed in writing with the Local Planning Authority.
	
	Reason - In order to safeguard the amenities of the area and to comply with Policies C31 and ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

17	The service yard hours of use, servicing and deliveries to and from the commercial units shall be limited to the hours of 07:00 to 23:00 Mon-Sat and 09:00 -13:00 on Sundays and Bank Holidays.
	
	Reason - In order to safeguard the amenities of the area and to comply with Policies C31 and ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

18	Opening hours of the community centre shall be limited to between 07:00 and 23:00, with the exception of occasional late events (up to 12 per annum), to be agreed in writing with the Local Planning Authority. 
	
	The community centre shall not be used after 23:00 except for Christmas Eve, New Year's Eve and 12 other occasions per annum when it can be used until 01:00 the following morning. A written record in respect of the above shall be kept and made available for inspection by an authorised Officer of the Local Planning Authority.
	
	The service yard and staff car park shall not be used later than 1 hour after the premises and community centre close. No new vehicle access to this area is allowed after 23:00 and before 06:00. 
	
	Reason - In order to safeguard the amenities of the area and to comply with Policies C31 and ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

PLANNING NOTES 

 1	Legal Agreement
	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.

 2	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.

 3	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.

 4	Approval of Reserved Matters
	Attention is drawn to the conditions imposed on the "outline" permission (App. No 06/00967/OUT) granted on 27th 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.

	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.