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

	
Name and Address of Agent/Applicant:

London And Regional Properties
c/o Quod
Ms Emma Lancaster
Capitol
Bond Court
Leeds
LS1 5SP

	
Date Registered: 19th December 2017

Proposal:	Reserved matters to 16/02586/OUT - Erection of hotel and associated works	
Location:	Hotel, Bicester Gateway Business Park, Wendlebury Road, Chesterton Bicester	
Parish(es):	Chesterton		 	

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.  16/02586/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
OX15 4AA		
Date of Decision: 28th March 2018	Paul Feehily	
	Interim Director for
Planning and Regeneration	
	Checked by:	RD	(Officer initials)	

SCHEDULE OF CONDITIONS	

 1	Except where otherwise stipulated by condition on this reserved matters approval or on the outline planning permission, the development within the application site shall be carried out strictly in accordance with the following plans and documents so far as they relate to the reserved matters for which this approval was sought:   
		
	DD-BIC-NOR-00-DR-SP-A-1001 Rev. A
	DD-BIC-NOR-00-DR-SP-A-1010 Rev. A
	DD - BIC-NOR-00-DR-SP-A-1002 Rev A
	DD - BIC-NOR-00-DR-SP-A-1003 Rev A
	DD - BIC-NOR-00-DR-SP-A-1004 Rev A	
	DD - BIC-NOR-00-GA-A-3100 Rev B
	DD - BIC-NOR-01-GA-A-3101 Rev B
	DD - BIC-NOR-02-GA-A-3102 Rev B
	DD - BIC-NOR-05-GA-A-3103 Rev B
	DD - BIC-NOR-ZZ-DR-EL-A-5001 Rev B
	DD-BIC-NOR-XX-00-GA-A-6000
	DD-BIC-NOR-XX-00-GA-A-6001 Rev A
	DD-BIC-NOR-XX-00-GA-A-6002
	TM336L02 Rev B
	TM336L04 Rev C
	TM336L03 Rev C
	3775-WSP-00-ZZ-DR-CE-1004-P03

	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	Notwithstanding anything shown in the plans and documents submitted/approved as part of this application, prior to the commencement of any works of construction of walls of the hotel building above ground level, samples of the external materials to be used in the construction of the walls and plant screen 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 ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 3	All planting, seeding or turfing comprised in the planting details set out in dwg no. TM336L04 Rev. C shall be carried out during the first planting and seeding seasons following either the first occupation of the hotel building or the substantial completion of the development, whichever is the sooner. Any trees, herbaceous planting and shrubs which, within a period of five years of their planting either 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 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.

 4	Prior to the first occupation of the development hereby approved, a landscape management plan, to include the timing of the implementation of the plan, long term design objectives, management responsibilities, maintenance schedules (including of boundary hedgerows/trees) and procedures for the replacement of failed planting shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the landscape management plan shall be carried out in accordance with the approved details.
	
	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 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.

 5	The development hereby approved shall be carried out strictly in accordance with the recommendations and specifications set out in the submitted Arboricultural Method Statement (AMS) (prepared by CBA Trees and dated March 2018). Those trees and hedgerows proposed for retention within the AMS and dwg no. TM336L02 Rev. B shall be incorporated into the development and protected during construction as set out in the submitted AMS. 
	
	Reason - To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply with Policies Bicester 10 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 as well as Policy C28 of the adopted Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 6	All new hardsurfaced areas including paths, parking and turning areas within the development as shown in dwg no. TM336L03 Rev. C shall be fully laid out and ready for use prior to the first occupation of the development and shall thereafter be so retained.
	
	Reason - In the interests of accessibility and the satisfactory appearance of the development in accordance with the requirements of Policies ESD15, SLE4 and Bicester 10 of the Cherwell Local Plan 2011-2031 Part 1.

 7	There shall be no trenches, pipe runs, drains or any other excavation to be carried out within the Root Protection Area (RPA) of the trees/hedgerows shown for retention on dwg no. TM336L02 Rev. B unless with the prior written agreement of the local planning authority.
	
	Reason - To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 8	The hereby approved development shall not be brought into use until the vehicular, cycle and pedestrian connections as shown in dwg nos. DD-BIC-NOR-00-DR-SP-A-1003, DD-BIC-NOR-00-DR-SP-A-1004 and 3775-WSP-00-ZZ-DR-CE-1001 Rev. P03 between the development and the highway have been completed and made available for use.  
	
	Reason - In the interests of highway safety, accessibility and to promote sustainable modes of travel  to comply with Policies SLE4 and Bicester 10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 9	No occupation of the hereby approved development shall take place unless and until the vision splays shown in dwg no. 3775-WSP-00-ZZ-DR-CE-1003 Rev. P03 have been provided and kept clear of any object, structure, planting or other material of a height exceeding 0.6m measured from the carriageway level.
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

10	The development hereby approved shall be  constructed and thereafter operated in accordance with the conclusions of the submitted Energy Statement (produced by RED, dated 9th March 2018 - edition 5) and constructed in accordance with the BREEAM Pre-Assessment report (produced by RED, dated 6th December 2017 - Revision A) to achieve a 'Very Good' rating. 
	
	Reason - To ensure that the development incorporates sustainable means of construction and operation to increase energy efficiency and reduce wider environmental impact in accordance with the requirements of Policies ESD1, ESD3, ESD4 and ESD5 of the Cherwell Local Plan 2011-2031 Part 1.

11	Only external lighting consistent with that set out in the submitted Lighting Assessment (produced by WYG, dated December 2017) shall be used as part of the development and within the site. No other external lighting shall be used unless first submitted to and approved in writing by the local planning authority. 
	
	Reason - In the interests of protecting the ecological interests of the site and the nocturnal species for which the site forms part of their habitat in accordance with the requirements of Policies ESD10 and Bicester 10 of the Cherwell Local Plan 2011-2031 Part 1.

12	Prior to the commencement of any works of construction of the hotel building above ground level, details of biodiversity enhancement measures to be incorporated into the building and included within the site shall be submitted to and approved in writing by the local planning authority. Thereafter the approved biodiversity enhancement measures shall be installed as part of the development and must be in place prior to the first occupation of the development.
	
	Reason - In the interests of taking opportunities to preserve and enhance nature conservation in accordance with the requirements of Policies ESD10 and Bicester 10 of the Cherwell Local Plan 2011-2031 Part 1.

13	Prior to the first occupation of the development hereby approved, the parking and manoeuvring areas shall be provided in accordance with that shown in dwg nos. DD-BIC-NOR-00-DR-SP-A-1002and TM336L03 Rev. C and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a Sustainable Drainage System (SuDS) within the site. Thereafter, the parking and manoeuvring area shall be retained as approved and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.
	
	Reason - In the interests of ensuring a sustainable standard of amenity for future site users and to reduce the risk of indiscriminate parking occurring outside the site as well as congestion backing onto the public highway in accordance with the requirements of Policies SLE4, ESD15 and Bicester 10 of the Cherwell Local Plan 2011-2031 Part 1 as well as Government guidance contained in the National Planning Policy Framework (NPPF).

14	The development hereby approved shall not be brought into use until the cycle parking facilities shown in dwg nos. DD-BIC-NOR-XX-00-GA-A-6001 Rev. A and DD-BIC-NOR-00-DR-SP-A-1002 Rev. A have been completed and made available for use. The approved cycle parking facilities shall thereafter be retained. 
	
	Reason - In the interests of promoting sustainable modes of travel in accordance with the requirements of Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1.

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 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.