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

Application No : 13/00930/F

| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

Name and Address of Agent/Applicant :
Mr W J Sabin
c/o Mr R A Sutton
9 Holland Rise
Kings Sutton
Banbury
OX17 3RZ

Date Registered : 25th July 2013
Proposal : | Conversion of barn to dwelling and attached timber garage
Location : | Haynes Barn Colony Road Sibford Gower
Parish(es) : | Sibford Gower
UPRN : | 010011918029

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 : 15th October 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 conditions attached to this permission, the development shall be carried out strictly in accordance with the application forms and the following plans and documents: Drawing numbers 5569-04a, 5569-05a and 5569-06a received 13 September 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, samples of the slates to be used in the construction of the roof 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 the satisfactory appearance of the completed development and to comply with and Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 4	Prior to the commencement of the development hereby approved, a stone sample panel (minimum 1m2 in size) shall be constructed on site in natural ironstone to match the stonework on the existing building, which shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the garage, extension and boundary walls shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance on achieving good design contained within the National Planning Policy Framework.

 5	Prior to the commencement of development full design details of the doors, windows, at a scale of 1:20, 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 details.
	
	Reason - To ensure that the completed development is in keeping with and conserves the special character of the existing building and to comply with Policy H19 of the adopted Cherwell Local Plan.

 6	Prior to the conversion of the barn hereby approved, the existing means of access between the land and the highway shall be formed, laid out and constructed strictly in accordance with Oxfordshire County Council's specification and guidance. 
	
	Reason - In the interest of highway safety and to comply with Government advice contained in the National Planning Policy Framework.

 7	Prior to the commencement of the development hereby approved, full specification details of the access drive including construction, surfacing, layout, drainage and road markings, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of the dwelling, the development shall be constructed in accordance with the approved details.
	
	Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

 8	Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas 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 and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.
	
	Reason - In the interest of highway safety and to comply with Government advice contained in the National Planning Policy Framework.

 9	The rooflight/s shall be a conservation grade rooflight/s which shall fit flush with the roof plane.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

10	That, notwithstanding the provisions of Classes A to E (inc.) of Part 1, of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and its subsequent amendments, the approved dwelling(s) shall not be extended (nor shall any structures be erected within the curtilage of the said dwelling(s) without the prior express planning consent of the Local Planning Authority.
	
	Reason - In order to safeguard the character and appearance of the existing building to comply with Policy H19 of the adopted Cherwell Local Plan and Government guidance on conserving and enhancing the historic environment contained within the National Planning Policy Framework.

11	That, notwithstanding the provisions of Classes A, B and C of Part 1, of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and its subsequent amendments, no new window(s) or other openings, other than those shown on the approved plans, shall be inserted in the walls or roof of the building without the prior express planning consent of the Local Planning Authority.
	
	Reason - In order to safeguard the character and appearance of the existing building to comply with Policy H19 of the adopted Cherwell Local Plan and Government guidance on conserving and enhancing the historic environment contained within the National Planning Policy Framework.

12	The carport(s) shown on the approved plans shall not be converted to provide additional living accommodation without the prior express planning consent of the Local Planning Authority.
	
	Reason - In the interest of highway safety and to comply with Government advice contained in the National Planning Policy Framework.

13	Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a further update survey no older than three months for badgers and badger evidence which shall include details of whether a development licence is required, any mitigation required and the location and timing of the provision of any protective fencing around setts/commuting routes, 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 details.
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

14	The development hereby approved shall be carried out strictly in accordance with the method statement set out in Section D, page 11 of the Phase 1 and 2 Bat Survey report submitted with the application prepared by Ridgeway Ecology, dated 24th July 2013 .
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

15	Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a mitigation strategy for barn owls which shall include the recommendations within Section E.2.11 of the Protected Species Report submitted with application, prepared by Ridgeway Ecology, dated 17th April 2013 but which shall also include full details of the location on plans and design of alternative nest sites to be provided, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the commencement of the development, the alternative nesting sites shall be provided in accordance with the approved document and retained. 
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

16	No removal of hedgerows, trees or shrubs nor works to, or demolition of buildings or structures that may be used by breeding birds, 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 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 C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

17	The development hereby approved shall be carried out strictly in accordance with the method statement for the protection of reptiles set out in section E.2.10 of the of the Protected Species Report submitted with the application prepared by Ridgeway Ecology, dated 17th April 2013.
	
	Reason -To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

18	All species used in the planting proposals associated with the development shall be native species of UK provenance.
	
	Reason - To conserve and enhance biodiversity and prevent the spread of non-native species in accordance with Government guidance contained within the National Planning Policy Framework.

19	Prior to the commencement of the development hereby approved, including any demolition, and any works of site clearance, a method statement for enhancing opportunities for nesting birds on site with reference to findings within the submitted ecological reports, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the biodiversity enhancement measures shall be carried out and retained in accordance with the approved details. 
	
	Reason -To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

20	Prior to the commencement of the development hereby approved, full details of the external lighting shall be submitted to and approved in writing by the Local planning Authority. Thereafter, the lighting shall be carried out and retained in accordance with the approved details.
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

21	No materials, plant,  temporary structures or excavations of any kind should be deposited / undertaken on or adjacent to the Public Right of Way that may obstruct or dissuade the public from using the public right of way whilst development takes place.
	
	Reason: To ensure the public right of way remains available and convenient for public use.    

PLANNING NOTES 

1	Where an offence under Regulation 41 of the Habitat and Species Regulations 2010 is likely to occur in respect of this permission hereby granted, no works of site clearance, demolition or construction shall take place which are likely to impact on bats until a licence to affect such species has been granted in accordance with the aforementioned Regulations.

2	No changes to the public right of way direction, width, surface, signing or structures shall be made without prior permission approved by the Countryside Access Team or necessary legal process.

3	No construction / demolition vehicle access may be taken along or across a public right of way without prior permission and appropriate safety/mitigation measures approved by the Countryside Access Team. Any damage to the surface of the public right of way caused by such use will be the responsibility of the applicants or their contractors to put right / make good to a standard required by the Countryside Access Team.

4	No vehicle access may be taken along or across a public right of way to residential or commercial sites without prior permission and appropriate safety and surfacing measures approved by the Countryside Access Team. Any damage to the surface of the public right of way caused by such use will be the responsibility of the applicants, their contractors, or the occupier to put right / make good to a standard required by the Countryside Access Team.

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.