Author: SGINN
Last saved by: Matthew Swinford
Company: CHEWELL DISTRICT COUNCIL

Application No : 16/00043/NMA

| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

Name and Address of Agent/Applicant :
Barratt Homes West Midlands
Mr David Poole
60 Whitehall Road
Halesowen
B63 3JS

Date Registered : 6th June 2016
Proposal : | Non Material Amendment to 05/01337/OUT - amendment to spine road layout as approved under 15/00344/REM
Location : | Land North East Of Oxford Road West Of Oxford Canal And East Of Bankside Banbury
Parish(es) : | Banbury

APPROVAL OF NON MATERIAL AMENDMENT(S)

Cherwell District Council, as Local Planning Authority, hereby approves the non material amendments described above in accordance with drawing number(s)

The non-material amendment hereby sought is considered to relate to the omission of a number of parking bays on the spine to the south of Parcel E and consequent alternations to the footway alignment and verge depths. No other changes, if any, shown within the drawings submitted as part of this application for a non-material amendment have been considered and are not part of the description of the proposed amendments. 

The changes proposed are considered to be very minor in the context of the development approved (both individually and cumulatively with all other non-material amendments) and are in fact in order to ensure that there is consistency between reserved matters approvals on the site - in this case to ensure the details approved under 15/00344/REM are consistent with that of the spine road approved under 14/00702/REM. The changes are therefore already established to be acceptable in planning terms. No public consultation is considered necessary given the minor and uncontroversial nature of the proposed changes and the limited numbers of third parties that would be affected by the changes. As a result the proposed non-material amendment is considered acceptable and outline planning permission 05/01337/OUT is amended accordingly. 

As a result of this non-material amendment, condition 1 of outline planning permission 05/01337/OUT is varied as set out below. The remainder of the conditions imposed on that consent are unchanged and continue to have effect. 

Condition 1
The development approved under planning permission 05/01337/OUT shall be carried out strictly in accordance with the plans, drawings and documents approved as part of granting that consent as well as details approved as part of reserved matters applications approved pursuant to that consent including any restrictions or limitations imposed upon them.

Development approved pursuant to outline planning permission 05/01337/OUT on land the subject of which reserved matters application reference 14/02148/REM relates, shall be carried out in strict accordance with the terms of that reserved matters approval including the following plans, drawings and documents in addition to those approved as part of the outline planning permission:

Location Plan					0476-PH3-101 
Topographical survey				04769-PH3-100
Planning Layout				0476-PH3-102 Rev L
Affordable Housing Plan			0476-PH3-111 Rev D
Storey Height Plan				0476-PH3-110 Rev D
Materials Layout				0476-PH3-108 Rev D
Street Scenes					0476-PH3-103 Rev B
Vehicle Tracking Layout Sheet 1 of 2		0476-PH3-105-1 Rev D
Vehicle Tracking Layout Sheet 2 of 2		0476-PH3-105-2 Rev B
External detailing				0476-1PH3-106
Typical gable, verge				0476-PH3-115 
and eaves details
Drainage Strategy Plan			0476/PH3/320 Rev E
Garages		 			0476-PH3-109 Rev A
Timber cycle sheds				0476-PH3-116
External works layout Sheet 1 of 3		0476-PH3-104-1 Rev D
External works layout Sheet 2 of 3		0476-PH3-104-2 Rev C
External works layout Sheet 3 of 3		0476-PH3-104-3 Rev C
Ecological Assessment (Spine Road Application) dated May 2014 prepared by Aspect Ecology 
Letter and accompanying enclosures dated 8th January 2015 from Aspect Arboriculture
Focus on Design micro-drainage calculations for File 0476-PH3, Parcel D, Longford Park, dated 09/03/2015.
Flood Risk and Drainage Statement dated March 2015 (Job No. 0476) version 1 prepared by Focus on Design. 

House types - Issue 5 dated April 2015

PA25 Canford				0476-PH3-200
PA33 Flatford				0476-PH3-201
PA33 Flatford				0476-PH3-202
PA34 Gosford				0476-PH3-203
PA34 Gosford				0476-PH3-204
PT36 Easedale			0476-PH3-205 Rev A
PT36 Easedale			0476-PH3-206 Rev B
PT37 Yewdale				0476-PH3-207 Rev A
PT37 Yewdale				0476-PH3-208 Rev A
PB33G Crofton-G			0476-PH3-209
PB33G Crofton-G			0476-PH3-210 Rev B
PB33G Crofton-G			0476-PH3-211 Rev B
PA43 Monkford			0476-PH3-212
PT41 Eskdale				0476-PH3-213 Rev B
PT41 Eskdale				0476-PH3-214
PT41 Eskdale				0476-PH3-215 Rev A
PT42 Kentdale			0476-PH3-216 Rev C
PA48 Shelford				0476-PH3-217 Rev B
PA48 Shelford				0476-PH3-218 Rev A
PA48 Shelford				0476-PH3-219 Rev A
PA48 Shelford				0476-PH3-226 Rev C
PT43 Langdale			0476-PH3-220 Rev C
PT43 Langdale			0476-PH3-221-1 Rev E
PT43 Langdale			0476-PH3-221-2 Rev B
PT43 Langdale			0476-PH3-222 Rev A
PT43 Langdale			0476-PH3-223 Rev C
PB33G Crofton-G			0476-PH3-224 Rev B
PA48 Shelford				0476-PH3-225 Rev B
Block F - Elevation			0476-PH3-227 Rev B
Block F - Elevation 			0476-PH3-228 Rev A
Block F - Elevation 			0476-PH3-229 Rev A
Block F - Elevation			0476-PH3-230 Rev B
Block F - Plan				0476-PH3-231 Rev B
Block F - Plan 				0476-PH3-232 Rev B
Block F - Plan 				0476-PH3-233 Rev B
AA26					0476-PH3-234
AA26					0476-PH3-235 Rev A
2BB - 2 Bed Bungalow		0476-PH3-236 Rev C
AA31					0476-PH3-237
AA31					0476-PH3-238
3BB - 3 Bed Bungalow		0476-PH3-239 Rev A
AA43					0476-PH3-240
PT41 Eskdale				0476-PH3-241 Rev A
PT36 Easedale			0476-PH3-242

Development approved pursuant to outline planning permission 05/01337/OUT on land the subject of which reserved matters application reference 15/00344/REM relates, shall only be carried out in strict accordance with the terms of that reserved matters approval including the following plans, drawings and documents in addition to those approved as part of the outline planning permission:

            40256 159 G Streetscene A-C
            40256 160 G Streetscene D-F
            40256 161 F Streetscene G-J
            40256 162 P Materials Plan
            40256 250 B Apartment Elevations
            40256 251 B Apartment Floorplans
            40256 001 AV Site Plan
            40256 206 A 4B7P
            40256 208 A Alysham
            40256 214 A Morpeth
            40256 215 A Morpeth
            40256 221 A Lincoln
            40256 222 A Lincoln
            40256 205 4B7P (Key Plot)
            40256 207 4B7P
            40256 209 Ashford
            40256 210 Faringdon
            40256 211 Faringdon
            40256 212 Dartmouth
            40256 213 Dartmouth
            40256 214 Morpeth
            40256 215 Morpeth
            40256 216 Finchley
            40256 217 Finchley
            40256 218 Colchester
            40256 219 Thornbury
            40256 220 Thornbury
             40256 200 Type 14
            40256 201 Type 14
            40256 202 Type 16
            40256 203 Type 16
            40256 204 Type 27
            40256 223 Cambridge
            40256 224 Alnwick
            40256 225 Warwick (Key Plot)
            40256 226 Warwick

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.

The non-material amendment application, hereby approved, does not nullify the conditions imposed in respect of planning permission . These conditions must be adhered to so as to ensure that the development is lawful.

Cherwell District Council
Bodicote House
Bodicote
Banbury
Oxon
OX15 4AA

Date of Decision : 17 June 2016

Head of Public Protection 
& Development Management

| 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.