Author: SGINN
Last saved by: janetboffin
Company: CHEWELL DISTRICT COUNCIL

Application No : 12/01651/F

| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

Name and Address of Agent/Applicant :
E P Barrus Ltd
c/o Framptons
Oriel House
42 North Bar
Banbury
Oxon
OX16 0TH

Date Registered : 20th November 2012
Proposal : | The extension and reconfiguration of the existing car park to form an additional 66 parking spaces with associated hard and soft landscaping
Location : | E P Barrus Ltd Granville Way Bicester Oxfordshire
Parish(es) : | Bicester
UPRN : | 100121291855

PERMISSION FOR DEVELOPMENT SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby GRANTS 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

Cherwell District Council

Certified a true copy

Head of Public Protection & Development Management

Date of Decision : 20th March 2013 | Head of Public Protection & Development Management

SCHEDULE OF CONDITIONS

 1	That 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 condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, site location plan, block plan and drawings numbered: 20750A/1 received 20 November 2012 and 5098/ASP3 Rev C received 10 January 2013.  
	
	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.

 3	Prior to the commencement of the development hereby approved, a plan showing a car parking provision for 66 spaces to be accommodated within the site to include layout, surface details, and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking spaces shall be laid out, surfaced, drained and completed in accordance with the approved details and shall be retained for the parking of vehicles at all times thereafter.
	
	Reason - In the interests of highway safety, to ensure the provision of off-street car parking and to comply with Policy T4 of the South East Plan 2009 and Government guidance contained within the National Planning Policy Framework.

 4	Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority.  Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.
	
	Reason - In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Policy T5 of the South East Plan 2009 and Government guidance contained within the National Planning Policy Framework.

 5	Prior to the first use of the development, the car park management measures, as set out in the DTA Transport Statement dated 12 November 2012 must be installed and thereafter maintained.  
	
	Reason - In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Policy T5 of the South East Plan 2009 and Government guidance contained within the National Planning Policy Framework.

 6	Prior to the commencement of the development hereby approved, full details of a scheme to prevent any surface water from the development discharging onto the adjoining highway shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the drainage scheme shall be implemented and retained in accordance with the approved details.  
	
	Reason - In the interests of highway safety and flood prevention and to comply with Policy NRM4 of the south East Plan 2009 and Government advice contained within the National Planning Policy Framework.

 7	Retained Tree 
	a)	No retained tree shall be cut down, uprooted, damaged or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS3998: Recommendations for Tree Works.
	
	b)	If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted in the same place in the next planting season following the removal of that tree, full details of which shall be firstly submitted to and approved in writing by the Local Planning Authority. 
	
	In this condition a "retained tree" is an existing tree which shall be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) shall have effect until the expiration of five years from the date of the completion of the development.
	
	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 C4 of the South East Plan 2009, Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 8	Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS), undertaken in accordance with BS:5837 shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, all works on site shall be carried out in accordance with the approved 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 Policy C4 of the South East Plan 2009, Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 9	Prior to the commencement of the development hereby approved, full details of a scheme of supervision for the arboricultural protection measures, to include the requirements set out in a) to e) below, and which is appropriate for the scale and duration of the development works, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the arboricultural protection measures shall be carried out in accordance with the approved details.
	
	a)	Written confirmation of the contact details of the project arboriculturalist employed to undertake the supervisory role of relevant arboricultural issues. 
	
	b)	The relevant persons/contractors to be briefed by the project arboriculturalist on all on-site tree related matters 
	
	c)	The timing and methodology of scheduled site monitoring visits to be undertaken by the project arboriculturalist.
	
	d)	The procedures for notifying and communicating with the Local Planning Authority when dealing with unforeseen variations to the agreed tree works and arboricultural incidents
	
	e)	Details of appropriate supervision for the installation of load-bearing 'structural cell' planting pits and/or associated features such as irrigation systems, root barriers and surface requirements (eg: reduced dig systems, arboresin, tree grills)
	
	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 C4 of the South East Plan 2009, Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

SUMMARY OF REASONS FOR THE GRANT OF PLANNING PERMISSION AND RELEVANT DEVELOPMENT PLAN POLICIES
	
	The Council, as local planning authority, has determined this application in accordance with the development plan unless material considerations indicated otherwise.  The development is considered to be acceptable on its planning merits as the car park extension is appropriate in its context and would not cause detriment to highway safety, neighbouring properties or the visual amenity of the wider locality.  As such the proposal is in accordance with Policies CC6 and BE1 of the South East Plan 2009, Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. For the reasons given above and having regard to all other matters raised, including third party representations, the Council considers that the application should be approved and planning permission granted subject to appropriate conditions, as set out above.
	
	STATEMENT OF ENGAGEMENT
	
	In accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No 2) Order 2012 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), this decision has been taken by the Council having worked with the applicant/agent in a positive and proactive way as set out in the application report.

| 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.
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 (0117) 372 8000.  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.