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 Ltd
Mr Simon Ible
Everdene House
Deansleigh Road
BH7 7DU

	

	
Date Registered: 1st February 2017

Proposal:	RETROSPECTIVE - Proposed temporary haul road (construction access) to serve part of the mixed use development scheme at South West Bicester (Kingsmere), granted Outline Planning Permission under reference 06/00967/OUT (previous approval ref: 10/01027/F and 13/01446/F)

	
Location:	Land South West Of Bicester Adjoining Oxford Road And, Middleton Stoney Road, Bicester, 
	
Parish(es):	 Bicester		 	

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	

		

Date of Decision: 2nd March 2017	Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	That at the expiration of 3 years from the date hereof the use of the haul road shall be discontinued, and the land shall be restored to its former use as agricultural land and where required reinstated as habitat corridor in accordance with the details approved within application 11/00380/REM which is to be provided in association with the development at SW Bicester (06/00967/OUT). Full details of the remediation and reinstatement works, which shall include a new hedge to Middleton Stoney Road, shall be submitted within 30 months of the date of this permission to be approved in writing by the Local planning authority and prior to those remediation works commencing. The approved scheme shall be implemented and completed within 6 months of the cessation of the use of the haul road.
	
	Reason - This consent has only been granted in view of the special circumstances of the proposal and because the haul road is not suitable or necessary for permanent retention and in order to comply with saved Policy C31 of the adopted Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 2	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, supporting statement and drawings numbered: 1903-KM2-GA-01 Rev J; 1903/KM2/SK/02 Rev J and DFD/BIC/L24 Rev A.
	
	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 Governemnt guidance contained within the National Planning Policy Framework.

 3	At the expiry of 3 years or upon completion of the development on land parcels KM5 and KM22, whichever is the earlier, the temporary vehicular access serving the haul road shall be permanently stopped up by means of reinstatement of the highway verge (and full face kerbing if appropriate), in accordance with details that shall also include a time period for carrying out the works which shall be submitted to and agreed in writing by the Local Planning Authority within 30 months of the date of this permission and which shall be carried out to the satisfaction of the Local Planning authority and in accordance with the Highway Authority's specifications and thereafter shall not be used by any vehicular traffic whatsoever.
	
	Reason - In the interests of highway safety and public amenity and to comply with Government guidance within the National Planning Policy Framework.

 4	That the haul road hereby approved shall be constructed and only used in association with the development relating to land parcels KM5 and KM22 only, and for no other purpose whatsoever. Use of the haul road shall cease upon the completion of the development of those land parcels.
	
	Reason - This consent has only been granted in view of the special circumstances of the proposal and because the haul road is not suitable or necessary for permanent retention and in order to comply with saved Policy C31 of the adopted Cherwell Local Plan 1996 and Government guidance contained in the National Planning Policy Framework.

 5	The vision splays of 4.5m x 160m provided each side of the temporary haul road access onto the Middleton Stoney Road, shall not be obstructed by any object, structure or planting or any other material with a height exceeding or growing above 0.9m as measured from carriageway level.
	
	Reason - In the interests of highway safety and to comply with Government guiodance contained within the National planning Policy Framework.

 6	That within one month of the date of this permission, a dust management plan, to include the provision of wheel washing, shall be submitted to and approved in writing by the Local Planning Authority. The plan will be brought into use and thereafter complied with at all times during the use of the haul road.
	
	Reason - In the interests of health and safety and good arboricultural practice and Government guidance contained within the National planning Policy Framework.

 7	The operational use of the haul road shall be restricted to the following times:-
	Monday to Friday - 07.30am - 18.30pm
	Saturday - 0.730am - 13.00pm
	Sunday and Public Holidays - No Time
	
	Reason - In order to safeguard the amenities of the adjacent residential properties and to comply with saved Policies C31 and ENV1 of the adopted Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

STATEMENT OF ENGAGEMENT

In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), the Council has worked positively and proactively to determine this application within the agreed timescales, having worked with the applicant/agent where necessary and possible within the scope of the application (as set on in the case officer’s report) to resolve any concerns that have arisen, in the interests of achieving more appropriate and sustainable development proposals. Consent has been granted accordingly.

The case officer’s report and recommendation in respect of this application provides a detailed assessment of the merits of the application when considered against current planning policy and guidance, including consideration of the issues raised by the comments received from consultees and members of the public. This report is available to view online at: http://www.cherwell.gov.uk/viewplanningapp.

	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.