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

	
Name and Address of Agent/Applicant:

Bloombridge LLP
Mr Richard Cutler
4th Floor
Venture House
27 - 29 Glasshouse Street
London
W1B 5DF

	
Date Registered: 11th January 2017

Proposal:	Phase 1 of the proposed new business park ("Bicester Gateway") comprising up to 14,972 sq m (Gross External Area) of B1 employment based buildings, plus a hotel (up to 149 bedrooms), with associated infrastructure, car parking and marketing boards. 	
Location:	OS Parcel 2200 Adjoining Oxford Road North Of Promised Land Farm, Oxford Road, Bicester,   	
Parish(es):	Chesterton		 	

OUTLINE PERMISSION FOR DEVELOPMENT SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby GRANTS outline 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: 26th July 2017	
Head of Public Protection
& Development Management	

SCHEDULE OF CONDITIONS	

 1	No development shall commence on a phase identified within an approved phasing plan until full details of the layout, scale, appearance, access and landscaping (hereafter referred to as reserved matters) of the development proposed to take place within that phase have first been submitted to and approved in writing by the Local Planning Authority.  
	
	Reason - This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).

 2	Prior to the submission of any application for approval of reserved matters and notwithstanding any plans submitted as part of this application, a phasing plan covering the entire application site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with an approved phasing plan and each application for reserved matters approval shall only be submitted in accordance with the terms of the approved phasing plan and refer to the phase they relate to.
	
	Reason: To ensure the proper phased implementation of the development and associated infrastructure in accordance with Government guidance contained within the National Planning Policy Framework.

 3	In the case of the reserved matters, no application for approval shall be made later than:
	 
	a) With respect to development on land identified as Phase 1A on drawing no. 16084 P102, the expiration of two years beginning with the date of this decision. 
	
	b) With respect to development on land identified as Phase 1B on drawing no. 16084 P102, the expiration of five years beginning with the date of this decision. 
	
	Reason - This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).

 4	Development shall not take place on either Phase 1A or Phase 1B after the expiration of two years from the final approval of the reserved matters relating to that phase or, in the case of approval on different dates, the final approval of the last such matter to be approved.
	
	Reason - This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).

 5	Except where otherwise stipulated by condition on this outline planning permission, the development shall be carried out in accordance with the following submitted plans and drawings in addition to any that are later approved pursuant to the reserved matters: 
	16084 P101 Rev. P1 
	
	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.

 6	All applications for approval of reserved matters relating to an approved phase shall be accompanied by details of the existing ground levels together with proposed finished floor levels of all buildings within that phase. Development in that phase shall thereafter be undertaken in accordance with the ground/floor levels approved as part of the grant of reserved matters approval.  
	
	Reason - To ensure that the proposed development is in scale and harmony with its neighbours and surroundings and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 7	Notwithstanding any provisions contained within the Town and Country Planning (General Permitted Development Order) 2015 (and any Order or Statutory Instrument revoking, amending or re-enacting that order), no water supply, wastewater, energy or communication related infrastructure on the site shall be provided above ground except in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. 
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 8	Except to allow for the creation of means of access approved pursuant to reserved matters together with associated visibility splays described in condition 9, the existing hedgerows along the western (A41), southern and eastern (Wendlebury Road) boundaries of the site shall be retained and properly maintained from the date of this planning permission (unless otherwise approved as part of the approval of reserved matters submitted in requirement of Condition 1), and if any hedgerow plant/tree dies within five years from the completion of the development it shall be replaced and shall thereafter be properly maintained in accordance with this condition.
	
	Reason - In the interests of the visual amenities of the area, to provide an effective screen to the proposed development and to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 9	All applications for reserved matters approval that submit details of 'access', shall be accompanied by full details of the visibility splays relevant to that phase of the development (including layout and construction). Thereafter, and prior to the first occupation of the development within that phase, the visibility splays shall be constructed and maintained in accordance with the details approved as part of the grant of reserved matters approval. 
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

10	The first application for approval of reserved matters relating to development on both Phase 1A or Phase 1B shall include a reptile survey relating to the whole of that phase that has been carried out by an appropriately qualified professional ecologist. The survey shall include details of any necessary protection, mitigation and management measures both during construction and once operational. Thereafter, the mitigation measures set out in the survey and approved as part of the grant of reserved matters approval shall be carried out in full prior to the first occupation of development within that phase and the management measures adhered to at all times thereafter.
	
	Reason - To ensure the implications for statutorily protected species have been assessed and, where necessary, suitable avoidance or mitigation measures are carried out in accordance with the requirements of Policies ESD10 and Bicester 10 of the Cherwell Local Plan 2011-2031 Part 1.

11	Prior to the commencement of development on an approved phase, a Construction Management Plan relating to that phase shall be submitted to and approved in writing by the local planning authority which details measures to protect biodiversity during construction and mitigate adverse impact on the local highway network. The development within that phase shall thereafter only be carried out in accordance with the approved Construction Management Plan. 
	
	Reason - To ensure adverse impact on biodiversity and the transport network is minimised during construction works in accordance with the requirements of Policies SLE4 and ESD10 of the Cherwell Local Plan 2011-2031 Part 1. 

12	Prior to the first occupation of any development on an approved phase, a Travel Plan relating to development within that phase shall be submitted to and approved in writing by the local planning authority. Thereafter, the development in that phase shall operate in accordance with the approved Travel Plan. 
	
	Reason - In the interests of encouraging sustainable travel and minimise harm to the local highway network in accordance with the requirements of Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1. 

13	Prior to the first occupation of any Class B1 development on land shown in the application drawings as Phase 1B, a car park management plan shall be submitted to and approved in writing by the local planning authority. Thereafter, the entirety of the development on Phase 1B shall operate in accordance with the approved car park management plan. 
	
	Reason - To ensure that the proposals do not have an adverse implication on the operation of the nearby Park & Ride or create parking problems in the immediate locality. 

14	Prior to the first occupation of any development in an approved phase, a delivery and servicing plan relating to development in that phase shall be submitted to and approved in writing by the local planning authority. Thereafter, deliveries and servicing of development within that phase shall take place in accordance with the approved delivery and servicing plan unless otherwise agreed in writing by the local planning authority. 
	
	Reason - To ensure that the proposals do not adversely affect the operation of the local highway network in accordance with the requirements of Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1. 

15	Prior to the commencement of development in an approved phase, details of a scheme of surface water drainage to serve development in that phase shall be submitted to and approved in writing by the local planning authority. The development in that phase shall thereafter be implemented in accordance with the approved surface water drainage scheme and shall not be occupied until the approved surface water drainage scheme has been full laid out and completed. 
	
	Reason - In the interests of reducing risk of flooding in accordance with the requirements of Policy ESD7 of the Cherwell Local Plan 2011-2031 Part 1.  

16	No development shall commence on an approved phase until impact studies on the existing water supply infrastructure relating to that phase, which shall determine the magnitude and timing of any new additional capacity required in the system and a suitable connection point, has been submitted to and approved in writing by the Local Planning Authority. 
	
	Reason: To ensure that the water supply infrastructure has sufficient capacity to cope with the/this additional demand.

17	Development shall not commence on an approved phase until a foul drainage strategy detailing any on and/or off site drainage works for that phase has been submitted to and approved in writing by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul water from development in that phase shall be accepted into the public system until the drainage works referred to in the strategy have been completed. 
	
	Reason - The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid adverse environmental impact upon the community.

18	Prior to the commencement of development on an approved phase, a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation for that phase which shall be submitted to and approved in writing by the Local Planning Authority. 
	
	Reason - To safeguard the recording of archaeological matters within the site in accordance with the National Planning Policy Framework.

19	Following the approval of the Written Scheme of Investigation referred to in Condition 18, and prior to the commencement of development in a phase (other than in accordance with the agreed Written Scheme of Investigation), a staged programme of archaeological evaluation and mitigation shall be carried out in that phase by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority. 
	
	Reason - To safeguard the identification, recording, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with the National Planning Policy Framework.

20	The development hereby approved within Phase 1B shall be carried out at all times in accordance with the methodology contained within the submitted "Archaeological Protection Measures Report - produced by Brian Hamill and dated 19th January 2017" unless otherwise with the prior written agreement of the local planning authority. 
	
	Reason - To safeguard heritage assets in situ and therefore preserve their significance in accordance with the National Planning Policy Framework.

21	The development on Phase 1A shall only be used only for purposes falling within Use Class C1 as specified in the Schedule to the Town and Country Planning (Use Classes) ( (England) Order 1987 (as amended) and for no other purpose(s) whatsoever notwithstanding any provisions otherwise contained within the Town and Country Planning (General Permitted Development) (England) Order 2015 (including any  amendments or re-enactments of this Order). The development on Phase 1B shall only be used for purposes falling within Use Class B1 as specified in the Schedule to the Town and Country Planning (Use Classes) (England) Order 1987 (as amended) and for no other purpose whatsoever notwithstanding any provisions otherwise contained within the Town and Country Planning (General Permitted Development) (England) Order 2015 (including any amendments or re-enactments of this Order).
	
	Reason - To ensure that the local planning authority can give consideration to the environmental, social and economic impacts of any change of use having regard to the development plan. 

22	All applications for approval of reserved matters relating to an approved phase shall be accompanied by details of the external lighting to be installed within that phase including details of luminance and light spillage. The development  in that phase shall thereafter only be constructed in accordance with the lighting details approved as part of the grant of reserved matters approval and no other external lighting thereafter installed without the prior written consent of the local planning authority.
	
	Reason - In the interests of assessing the impact on wildlife and the surrounding landscape in accordance with the requirements of Policies ESD10 and ESD13 of the Cherwell Local Plan 2011-2031 Part 1. 

23	No removal of hedgerows, trees or shrubs shall take place between the 1st March and 31st August inclusive, unless the Local Planning Authority has confirmed in writing that such works can proceed, based on health and safety reasons in the case of a dangerous tree, or the submission of a recent survey (no older than one month) that has been undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site. 
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework.

24	All applications for approval of reserved matters shall be accompanied by a statement that appraises the ecological implications of those reserved matters proposals including how they would mitigate harm to protected/priority species and contribute towards achieving an overall net gain for biodiversity as part of the overall development. Thereafter, measures set out in the statement shall be implemented in full on site in accordance with the details approved as part of the grant of reserved matters approval. 
	
	Reason - To ensure the ecological implications of the proposals are established and assessed throughout the application process in the interests of robust decision making in accordance with the requirements of Policies ESD10 and Bicester 10 of the Cherwell Local Plan 2011-2031 Part 1. 

25	If development on an approved phase does not commence within three years of the date of this decision, updated surveys for all statutorily protected species assessed as part of the original planning application shall be re-undertaken prior to the commencement of the development in order to establish changes in the presence, abundance and impact on such species. The survey results, together with any necessary changes to the mitigation plan or method statement shall be submitted to and approved in writing the Local Planning Authority prior to the commencement of any development on that phase. Thereafter, the development shall be carried out in accordance with the details approved. 
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework.

26	All buildings hereby approved shall be constructed to achieve at least a BREEAM 'Very Good' rating based on the relevant BREEAM standard for that building type applicable at the time of this decision. All applications for approval of reserved matters relating to a phase shall be accompanied by details demonstrating how the buildings within that phase would be designed to achieve the BREEAM 'Very Good' rating. 
	
	Reason - To ensure sustainable construction and reduce carbon emissions in accordance with the requirements of Policy ESD3 of the Cherwell Local Plan 2011-2031 Part 1. 

27	The first application for approval of reserved matters relating to development on each of Phases 1A and 1B shall be accompanied by an Energy Statement that demonstrates the significant on-site renewable energy provision that will be incorporated into the development except where such on-site renewable energy provision is robustly demonstrated within the Statement to be unfeasible or unviable. The on-site renewable energy provision as detailed in the Energy Statement shall thereafter be fully incorporated into development within that phase and no occupation of development within the relevant phase shall take place until the approved on-site renewable energy provision is fully installed and operational. 
	
	Reason - To ensure sustainable construction and reduce carbon emissions in accordance with the requirements of Policy ESD1 - 5 of the Cherwell Local Plan 2011-2031 Part 1. 

28	No development shall commence on an approved phase until full details of the 3m wide combined footway/cycleway (including lighting) along the A41 to serve that phase has been submitted to and approved in writing by the local planning authority. The approved combined footway/cycleway shall thereafter be provided to serve development on that phase prior to the first occupation of any development within that phase unless otherwise agreed in writing by the local planning authority. 
	
	Reason - In the interests of ensuring that suitable access is provided to the development that prioritises sustainable travel in accordance with the requirements of Policies Bicester 10 and SLE4 of the Cherwell Local Plan 2011-2031 Part 1. 

29	No development shall take place until full details of the provision of a new bus stop layby along the southbound carriageway of the A41 (adjacent to Phase 1A) have been submitted to and approved in writing by the local planning authority. No development shall thereafter be occupied until the bus stop layby has been provided in accordance with the approved details unless otherwise agreed in writing by the local planning authority. 
	
	Reason - In the interests of ensuring that suitable access is provided to the development that prioritises sustainable travel in accordance with the requirements of Policies Bicester 10 and SLE4 of the Cherwell Local Plan 2011-2031 Part 1. 

30	No development on an approved phase shall be brought into use until all of the means of pedestrian, cycle and vehicular access serving that phase have been completed and made available for continued use.
	
	Reason - To ensure that there is suitable and safe access to the development in accordance with the requirements of Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1. 

31	No development shall take place until full details of a signalised pedestrian crossing (between the new southbound and existing northbound bus stops of the A41 in the immediate vicinity of the site) have been submitted to and approved in writing by the local planning authority. No occupation of any part of the development shall occur until the approved signalised pedestrian crossing has been provided in accordance with the approved details unless otherwise agreed in writing by the local planning authority.  
	
	Reason - In the interests of ensuring that suitable access is provided to the development that prioritises sustainable travel in accordance with the requirements of Policies Bicester 10 and SLE4 of the Cherwell Local Plan 2011-2031 Part 1. 

32	No building shall be occupied on Phase 1B until a new mini-roundabout system (or any alternative scheme agreed in writing by the local planning authority) to replace the existing Vendee Drive/Wendlebury Road priority junction has been completed and made available for use in accordance with details that shall first have been approved in writing by the local planning authority. 
	
	Reason - To ensure that the traffic generated by the development does not lead to unacceptable harm to the highway network in accordance with the requirements of Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1 . 

33	No building shall be occupied on Phase 1B until the works to the highway shown in drawing no. 35172/5502/008 (contained in the submitted Transport Assessment) or any alternative works agreed in writing by the local planning authority have been carried out.  
	
	Reason - To ensure the significant adverse traffic impacts of the development are adequately mitigated in accordance with the requirements of Policy SLE4 of the Cherwell Local Plan 2011-2031. 

					  PLANNING NOTES

 1	This planning permission is granted in outline only with all matters relating to access, layout, scale, external appearance and landscaping reserved for later approval. No implied approval is given as part of this decision for the indicative/illustrative plans and drawings submitted as part of the planning application and it cannot be assumed that such plans and drawings will be considered acceptable by the local planning authority as part of an application(s) for approval of the reserved matters.

 2	Attention is drawn to Legal Agreements 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.

 3	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 0300 060 2501.

 4	Please note that separate consent is likely to be required for this work under the Highways Act 1980 (as amended). You should contact the Road Agreements Team at Oxfordshire County Council, as the Local Highways Authority in this instance, before commencing works. They can be contacted via email: roadagreements@oxfordshire.gov.uk, or telephone: 01865 815202.

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 is available to view online at: http://www.cherwell.gov.uk/viewplanningapp. The agenda, minutes and webcast recording of the Planning Committee meeting at which this application was determined 13 April 2017 are also available to view online at: http://modgov.cherwell.gov.uk/ieListMeetings.aspx?CId=117&Year=0.

	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 considering work on site.

•	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 0030 201 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 obtain a separate "Listed Building Consent" for the demolition, alteration or extension of any listed building of architectural or historic interest.

•	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. 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 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.