1.	APPLICATION SITE AND LOCALITY 

1.1.	This application relates to the strategic mixed use development at South West Bicester which is located between the Middleton Stoney and Oxford Road. The whole site was granted outline planning permission subject to conditions and a section 106 agreement in June 2008 for the erection of up to 1585 dwellings, employment, education, health village and supporting infrastructure.
1.2.	The application site is part of the Local Centre which lies adjacent to the Primary Street which passes through the centre of the Kingsmere development. The Primary school is located to the south west of the Local Centre and is now open. The community centre which also comprises part of the Local Centre is currently under construction. The part of the Local centre to which this application relates, comprises the retail units. The residential units proposed in this application will be in lieu of the employment uses which were provided above the retail under the original reserved matters application (15/02103/REM) refers. Residential development will surround the local centre on all sides.
2.	DESCRIPTION OF PROPOSED DEVELOPMENT
2.1.	This application seeks consent for the erection of 9 residential, 2 bedroom apartments at first floor level above the retail units which will be provided as part of the Local Centre. Parking for the units will be provided at the rear with pedestrian access to the units gained from both the front and rear of the building. The units front onto the square which will be provided as part of the overall development. This proposal does not amend the previous approval relating to the remainder of the Local Centre.
3.	RELEVANT PLANNING HISTORY

3.1.	The following planning history is considered relevant to the current proposal: 
Application Ref.	Proposal	Decision	
	
06/00967/OUT	Outline - Up to 1585 no. dwellings; health village to include health and employment uses and elderly persons nursing home; B1 and B2 employment uses; local centre comprising of shops, a pub/restaurant, children's day nursery, offices and a community centre; 2 no. primary schools and 1 no. secondary school; a hotel; a sports pavilion; formal and informal open space; a link road between A41 and Middleton Stoney Road/Howes Lane junction; associated new roads, junctions, parking, infrastructure, earthworks and new accesses to agricultural land (as amended by plans and documents received 24.10.06).	Application Permitted	

13/00433/OUT	Outline application for construction of up to an additional 100 dwellings above those permitted under 06/00967/OUT	Application Permitted	
	
15/02103/REM	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.	Application Permitted	

	
	
17/00045/DISC	Discharge of Conditions 6 (landscaping), 8 (tree pits) and 9 (tree pits) of 15/02103/REM	Application Permitted	
	
17/00069/DISC	Discharge of condition 15 (parking details) of 15/02103/REM	Application Permitted	
	
17/00025/NMA	Non-Material Amendment to 15/02103/REM - Addition of setback roof turrets, louvres on hall windows, removal of roolights across main hall, addition of a disabled toilet in youth centre and remodel of female toilets, modification to layout at first floor level, addition of service risers, door location altered, reduction of window and ceiling height, removal of low level opening windows and removal of the polycarbonate covers to walkway between community centre and youth centre	Application Permitted	
	
17/00030/NMA	Amendment to application 15/02103/REM - Variation to wording of condition 2 and condition 4	Application Permitted	
	
17/00246/DISC	Partial discharge of condition 2 (material samples) of 15/02103/REM	Application Permitted	

17/02035/REM	Reserved matters to 13/00433/OUT - Local Centre for Public Art	Application Permitted	
	
17/00487/DISC	Discharge of condition 6 (landscaping scheme) of 15/02103/REM	Application Permitted	

4.	PRE-APPLICATION DISCUSSIONS

4.1.	The following pre-application discussions have taken place with regard to this proposal:

Application Ref.	Proposal	
	
15/00104/PREAPP	Development of the local centre at Kingsmere, to comprise retail, nursery, community centre, public open space and parking/serving facilities	
	
17/00085/PREAPP	Approximately 10 No residential apartments on the upper floor of the local centre (above the retail units)	
	
4.2.	The documentation submitted with the pre-app was minimal, however, it was advised that, in principle, the provision of residential units above the local centre as proposed was considered acceptable.

5.	RESPONSE TO PUBLICITY

5.1.	This application has been publicised by way of a site notice displayed near the site, and by letters sent to all properties immediately adjoining the application site that the Council has been able to identify from its records. The final date for comments was 06.10.2017, although comments received after this date and before finalising this report have also been taken into account. 
5.2.	The comments raised by third parties are summarised as follows
•	Concerned how this will impact on parking at the site and Whitelands Way. There is a limited number of parking spaces at the local centre in the current plans
•	Fear this conversion to flats will result in more vehicles and cause the parking to be filled with residents and nothing for people using the facilities, resulting in Whitelands Way being blocked with vehicles.
•	Adequate parking is needed to ensure people can use and live by the facilities. Also that it doesn’t become a choke point
5.3.	The comments received can be viewed in full on the Council’s website, via the online Planning Register 
6.	RESPONSE TO CONSULTATION

6.1.	Below is a summary of the consultation responses received at the time of writing this report. Responses are available to view in full on the Council’s website, via the online Planning Register.
PARISH/TOWN COUNCIL AND NEIGHBOURHOOD FORUMS
6.2.	Bicester Town Council has no objection.
STATUTORY CONSULTEES
6.3.	None
NON-STATUTORY CONSULTEES
6.4.	Business Support Unit – no comments received
6.5.	Kingsmere Residents Association – no comments received
6.6.	OCC – final comments awaited
7.	RELEVANT PLANNING POLICY AND GUIDANCE

7.1.	Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

7.2.	The Cherwell Local Plan 2011-2031 - Part 1 was formally adopted by Cherwell District Council on 20th July 2015 and provides the strategic planning policy framework for the District to 2031.  The Local Plan 2011-2031 – Part 1 replaced a number of the ‘saved’ policies of the adopted Cherwell Local Plan 1996 though many of its policies are retained and remain part of the development plan. The relevant planning policies of Cherwell District’s statutory Development Plan are set out below:

CHERWELL LOCAL PLAN 2011 - 2031 PART 1 (CLP 2031 Part 1)

•	ESD15 - The Character of the Built and Historic Environment
•	BSC3 – Affordable housing
•	BSC4 – Housing mix
•	BSC11 – Outdoor recreation provision
•	BSC12 – Indoor sport and community facilities
•	ESD3 – Sustainable construction
•	ESD7 – Sustainable drainage
•	ESD10 – Protection and enhancement of biodiversity

CHERWELL LOCAL PLAN 1996 SAVED POLICIES (CLP 1996)

•	C28 – Layout, design and external appearance of new development
•	C30 – Design and control of new residential development

7.3.	Other Material Planning Considerations

•	National Planning Policy Framework (NPPF)
•	Planning Practice Guidance (PPG)
•	Kingsmere Design Code 2008

8.	APPRAISAL

8.1.	The key issues for consideration in this case are:

•	Principle of development
•	Compliance with the design code
•	Design, and impact on the character of the area
•	Residential amenity
•	Highway safety
•	Planning obligations

8.2.	Principle of Development
8.3.	As previously stated, this site forms part of the original development proposed for South West Bicester which was granted outline planning consent in June 2008 under application number 06/00967/OUT. The proposal is therefore included within the allocation of the site for development within Policy H13 of the non-Statutory Cherwell Local Plan. The position of the Local Centre was agreed following the granting of the outline planning permission. Conditions on the outline consent specifically relate to the Local centre and the facilities to be provided within it. The Local Centre will also serve the additional residential development on Phase 2 of South West Bicester for an additional up to 709 residential properties. The provision of residential within the local centre as proposed accords with the principle of the development and is included within Clause 33 of the Section 106 Agreement attached to the planning consent.
8.4.	The outline planning consent specifies at condition 37 that the Local Centre shall include one retail unit of a suitable size to accommodate a convenience store of between 200m2 to 400m2 gross floorspace and a minimum of 2 and a maximum of 6 other retail units of no more than 150m2 each, gross floorspace. Employment space within the Local centre is required by condition 38 to be suitable for small businesses with an individual floor area of no more than 500m2.
8.5.	The application seeks minor amendments to the details approved through the reserved matters application (15/02103/REM), in a revision to the first floor internal layout and external elevations for the creation of nine residential units above the local centre. These dwellings will replace the existing outline permission for (B1) office space above the local centre.
8.6.	The addition of housing within the local centre will create an appropriate use of the space which in turn will increase the vibrancy of the local centre making it a more active and social space. The applicants state that there is a local surplus of office space within the area and so the provision of further office space above the local centre would be likely to remain empty or only partly used. The provision of residential above the local centre is therefore a suitable use of space within the Local Centre, delivering housing in an appropriate location and increasing the choice of housing within the area and within a highly sustainable location.
8.7.	Compliance with the Design Code
8.8.	The Design Code which was approved in July 2008 and relates to the development at South West Bicester (Kingsmere) sets out the key issues to be addressed by developers and their agents. The Design Code seeks to ensure consistency throughout the development and to ensure that specific requirements are adhered to. Whilst this is a full application rather than a reserved matters submission, the design code is therefore a material consideration when considering this development on the site.
8.9.	The Design Code divides the whole development into different character areas, each character area has slightly different characteristics to create subtle changes in the appearance and ambiance of the development and sense of place. The Code addresses the Local Centre provision on pages 118 and 119. It states that the Local centre is within the ‘urban character area’ which is the most compact, diverse, lively and enclosed of all the areas and will be the social hub for Kingsmere, providing an important meeting place, with shops and services alongside community uses and the primary school.
8.10.	The local centre has planning approval, granted in 2016 (15/02103/REM) refers. That approval provides for employment use at first floor level. The design code does not preclude the provision of residential on the upper floors of the local centre. The proposal to provide residential in lieu of employment at first floor level is therefore in accordance with the design code.
8.11.	Design and Impact on the Character of the Area
8.12.	A well designed layout and development proposal will not only comply with the approved design code but will also incorporate good design practice and standards. The NPPF is quite clear in its aim, ensuring that all new developments are of high quality design. Section 7 of the NPPF – ‘Requiring Good Design’ attaches great importance to the design of the built environment and advises at paragraph 56 that ‘good design is a key aspect of sustainable development, is indivisible from good planning and should contribute to making places better for people’. 
8.13.	The NPPF at paragraph 58 also advises that planning policies and decisions should aim to ensure that developments achieve a number of results, including the establishment of a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit and that developments should respond to the local character and history and reflect the identity of the surroundings and materials whilst not preventing or discouraging appropriate innovation. Paragraph 60 advises that whilst particular tastes should not be discouraged, it is proper to seek to promote or reinforce local distinctiveness.
8.14.	Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 advises that design standards for new development, whether residential or commercial are equally important and seeks to provide a framework for considering the quality of development.
8.15.	The adopted Cherwell Local Plan 1996 contains established Policy C28 which states that ‘control will be exercised over all new development, including conversions and extensions, to ensure that the standards of layout, design and external appearance , including choice of materials are sympathetic to the character of the urban or rural context of the development’. Policy C30 seeks to ensure that new housing development is compatible with its surroundings and an acceptable level of residential amenity and privacy is provided. In this particular case, the development proposed is the provision of 9, 2 bedroom flats above the proposed retail units. No outdoor amenity space is specifically provided. It is however considered in the context of the development appropriate for flats without any private amenity space to be appropriate and acceptable as it is not unusual for flats to be provided in such locations.
8.16.	The changes required to the approved Local centre scheme to provide the flats are minimal. The substitution of residential flats in place of the office space has led to a revised floor plan and window layout which is better suited to residential development. The flats have been designed to be in accordance with the existing approved Local centre buildings and are considered acceptable. The proposals also detail the inclusion of flue extracts to the A5 retail units 2 and 3 of the ground floor. The exhaust from these extracts will be expelled at roof level hidden behind the parapet.
8.17.	The Local centre uses, including the proposed residential units are all serviced from the rear which is accessed from the adjacent side street. This proposal does not change in that respect and proposes specifically allocated spaces for the properties immediately at the rear. This remains acceptable.
8.18.	Having regard to the above, the proposed flats and revised local Centre building is considered to accord with the policies and the development plan and the advice within the NPPF and is therefore acceptable in terms of its design and visual appearance.
8.19.	Residential Amenity
8.20.	The Local centre site is bounded on all sides by residential development, including the parcels opposite which are currently under construction (Linden Homes). Other parcels adjacent also have consent, but development by Bovis on these has yet to commence.. In terms of the servicing for this development, this is proposed at the rear of the building with access gained from the adjacent side street. This development proposes minimal changes to the rear service yard so there is no additional impact upon the residential amenities of the future residents of those dwellings in terms of additional noise and disturbance by the comings and goings of vehicles within this area. In terms of overlooking from the new residential properties, it is considered that due to the distances involved between this building and the adjacent residential properties and intervening parking courts that overlooking will not be a significant issue.
8.21.	Highway Safety
8.22.	The site is located within the central area of Kingsmere Phase 1. Servicing and parking provision for the Local centre employees and the residential flats proposed will be at the rear of the premises.
8.23.	In respect of the original submission, OCC as highway authority advised that the proposal would not have any additional transport impacts in terms of the number of vehicle trips. Concern was expressed however that reserving 18 spaces in the rear car park specifically for the residential uses may mean that the parking available for the other uses within the local centre is not sufficient. OCC also commented that no additional cycle parking provision had been made, the cycle parking at the rear of the flats appearing fairly minimal and the requirement for the flats alone would be 17 secure, covered spaces.
8.24.	Revised plans have sought to address and clarify the above concerns. It is considered that the provision of 18 car parking spaces for the flats is acceptable and a condition will be imposed to ensure that cycle parking is provided for each of the flats in addition to those for the commercial uses. The servicing and parking for the nursery and retail units remains as previously approved. The objection received from a nearby resident relates to potential parking issues in and around the site. However, as previously advised, the proposal seeks to provide 2 parking spaces per residential unit which is in accordance with the parking standards used elsewhere across the Kingsmere development.
8.25.	Planning Obligation
8.26.	Due to the nature of the proposed development (residential), and that it is part of the wider Kingsmere development, it is considered that the proposed additional residential units will place additional demand on existing facilities and services and local infrastructure. It is therefore considered that appropriate section 106 contributions will therefore be payable. Policy INF1 of the adopted Cherwell Local Plan 2011-2031 states that ‘development proposals will be required to demonstrate that infrastructure requirements can be met’. 
8.27.	As the contributions payable are all financial, it was suggested that the most appropriate method would be through a unilateral undertaking. This has been agreed with the applicant and an acceptable UU has now been submitted as part of the application.
8.28.	The contributions agreed in total are £90,000 split as follows:
•	Affordable housing contribution £59,993.43
•	Outdoor sports facilities £10,254.89 towards tennis courts at the sports village
•	Off-site additional indoor sports facilities £6,915.25 towards the expansion of Bicester leisure centre
•	Open space/play provision/maintenance at Kingsmere £12,836.43
9.	PLANNING BALANCE AND CONCLUSION
9.1.	The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. Paragraph 8 requires that the three dimensions to sustainable development (economic, social and environmental) are not undertaken in isolation, but are sought jointly and simultaneously.
9.2.	Having regard to the above, the provision of residential above the Local centre retail units in lieu of offices as previously approved is considered acceptable and therefore in accordance with the policies contained within the Development Plan and the advice within the National Planning Policy Framework.
10.	RECOMMENDATION
That permission is granted, subject to the following conditions

1.	The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.	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:  Planning Statement June 2017 ID P17-0635; Design and Access Statement P17-0635/26 06 2017; Drawing numbers AGA005 Rev H; L241 D01 Rev C Detailed section through retail unit; L241 BP01 Rev B block plan; L241 P02 Rev C Floor plans proposed; L241 P04 Rev D Elevations proposed; L241 SP01 Rev B Site plan proposed and L241 SP02 Site section proposed.

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.

3.	Prior to the commencement of the development hereby approved, a schedule of materials and finishes for the external walls and roof of the development hereby approved 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 schedule.

Reason: to ensure the satisfactory appearance of the completed development and to comply with saved Policy C28 of the adopted Cherwell Local Plan 1996 and Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

4.	Prior to the commencement of the development hereby approved, samples of the materials proposed in condition 3 above 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 that the development is constructed and finished in materials which are in harmony with the buildings and materials used in the locality and to comply with saved Policy C28 of the adopted Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

5.	Prior to the commencement of the development hereby approved, full details of the doors and windows, at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the doors and windows shall be installed within the building in accordance with the approved detail.

Reason: To ensure the satisfactory appearance of the completed development and to comply with saved Policy C28 of the adopted Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

6.	Prior to the commencement of the development hereby approved, full details of the refuse and recycling bin storage for the proposed flats, including location and compound enclosure details, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of the residential units, the refuse bin storage area shall be provided in accordance with the approved details and retained unobstructed except for the storage of refuse and recycling bins.

Reason: To ensure the satisfactory appearance of the approved development and to ensure the adequate provision of refuse and recycling bins on site in accordance with Government guidance within the National Planning Policy framework.

7.	Prior to the commencement of the development, details of covered cycle parking facilities for each of the residential units shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of the development, the covered cycle parking facilities shall be provided and retained in accordance with the approved details.

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.

Case Officer: 	Linda Griffiths	DATE:  04.01.2018	
Checked By: 	rd	DATE: 9.1.18