NOTICE OF DETERMINATION	
	TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) ORDER 2015

	
Name and Address of Agent/Applicant 
Mr Stephen Hopkins
Austin Grounds Farm
Hook Norton Road
Sibford Ferris
Banbury
Oxfordshire
OX15 5QR

	
	
Agricultural to Residential (C3) “Prior Approval” Determination	
	
Date Received: 15th May 2017	

Proposal:	Conversion of the existing agricultural building and an equal area of land to residential use
	
Location:	Austin Grounds Farm Hook Norton Road Sibford Ferris Banbury
	
Parish(es):	 Sibford Ferris		 
	 	
Cherwell District Council as Local Planning Authority has determined on the basis of the information submitted that its Prior Approval is required and is hereby granted for the proposal specified above SUBJECT TO THE CONDITIONS SET OUT IN THE ATTACHED SCHEDULE.

The proposed development, notwithstanding this decision, must be in compliance with all other conditions and limitations set out in Part 3, Class Q of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015. 

Cherwell District Council
Bodicote House
Bodicote
Banbury
OX15 4AA	Cherwell District Council	

Certified a true copy
Head of Public Protection & Development Management	

	
Date of Decision: 11th July 2017	Head of Public Protection 
& Development Management	
SCHEDULE OF CONDITIONS	

 1	Prior to the conversion of the barn hereby approved, the existing means of access between the land and the highway shall be improved formed, laid out and constructed strictly in accordance with Oxfordshire County Council's specification and guidance.
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework

 2	Prior to the first occupation of the development hereby approved, the parking and manoeuvring areas shall be provided in accordance with the plan approved and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. Thereafter, the parking and manoeuvring area shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework

 3	Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents: HOP/01, HOP/02 and HOP/03 and the residential curtilage of the dwelling shall be restricted to that area within and defined by the red line on drawing HOP/03.
	
	Reason - For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

					  PLANNING NOTES

 1	The development hereby approved shall be completed within 3 years from the date of this decision notice. This is to comply with the requirements of Schedule 2, Part 3, Class Q.2(3) of the Town and Country Planning (General Permitted Development) (England) Order 2015.

 2	The development hereby approved shall be carried out in accordance with the following approved plans: Application Form and Drawing Number HOP/15/01B and HOP/15/02A submitted with the application.

 3	With reference to condition 1, the guidance referred to is available at http://www.oxfordshire.gov.uk/cms/content/dropped-kerbs

 4	The planning application site has formerly been used for agricultural purposes where typical activities associated with this industry may have involved oil and chemical storage etc. and so potentially there are a range of contaminants that could be present within the curtilage of the area of land subject of this application. The proposed residential development is regarded as a particularly sensitive use to any land contamination and as a minimum, after development land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.  Consideration therefore needs to be given to any potential risks from historic uses of the site and possible elevated levels of natural occurring contamination, such as arsenic, which is common in soils developed on bedrock with high concentrations of iron oxide as found in in many areas across the Cherwell District. For this reason the developer is advised to engage a competent person who will conduct adequate contaminated land investigations to ensure that the land is safe and suitable for the intended new use. This research would establish if historic land contamination could have an impact on the development from previous activities carried out on the site such as fuel and chemical storage, vehicle storage and maintenance, feed supplement storage (e.g. copper and zinc) etc.

 5	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.

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 DETERMINATION	
	TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) ORDER 2015

	

NOTES TO THE APPLICANT

OTHER NECESSARY CONSENTS

Notwithstanding this decision, it is the responsibility of the developer to ensure that the development is carried out in accordance with all of the conditions and limitations set out within Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015. 

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 considering work on site. The BCM can be contacted on 0300 003 0200, fax 0300 003 0201 or E-mail at building.control@cherwellandsouthnorthants.gov.uk
•	The need to obtain an appropriate Order if the proposal involves the stopping up or diversion of a public footpath.
•	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 1SD.

APPEALS TO THE SECRETARY OF STATE

If you are aggrieved by the decision of the Local Planning Authority to grant prior approval for the proposed development subject to conditions, then you can appeal to the First Secretary of State under section 78 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. Tel 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 the Local Planning Authority could not have granted prior approval for the proposed development without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

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