NOTICE OF DECISION	
	TOWN AND COUNTRY PLANNING ACT 1990 
(AS AMENDED) AND PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 (AS AMENDED)
	
Name and Address of Agent/Applicant:

Bicester Heritage
c/o JPPC
JPPC Chartered Town Planners
Bagley Croft
Hinksey Hill
Oxford
OX1 5BS

	
Date Registered: 3rd November 2016

Proposal:	Physical works to buildings 79, 108, 113, 123, 129, 130, 131, 135 and 137 to enable restoration and conversion to commercial use.
	
Location:	Bicester Heritage , Buckingham Road, Bicester, OX26 5HA	
Parish(es):	Launton		 	

LISTED BUILDING CONSENT SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby GRANTS listed building consent for the works 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: 25th September 2017	Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	The works to which this consent relates shall be begun not later than the expiration of three years beginning with the date of this consent.
	
	Reason - To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) 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:  "PL503 C" (Site wide proposed car parking), "79 PL 400 A", "79 PL 401 A", "79 PL 402 A", "79 PL 403", "79 PL 404 A", "79 PL 405 A", "79 PL 406 A"; "Existing Floor Plans", "Existing Elevations", "Proposed Floor & Roof Plans" and "Proposed Elevations" (in respect of Building 101); "Existing Floor Plans", "Existing Elevations", "Proposed Floor Plans" (Revision A) and "Proposed Elevations" (Revision A) in respect of Building 104; "109 PL 400", "109 PL 401", "109 PL 402", "111 PL 400", "111 PL 401", "112 PL 300 B", "112 PL 301 B", "112 PL 302", "113 PL 400 A", "113 PL 401 A", "113 PL 402 A", "113 PL 404 A", "113 PL 405 A", "113 PL 406 A", "116 PL300 B", "116 PL301 B", "116 PL302", "118 PL300 B", "118 PL301 B"; "Existing Floor Plans", "Existing Elevations", "Existing Roof Plan", "Proposed Ground Floor Plan (Revision A)", "Proposed First Floor Plan" (Revision B), "Proposed Roof Plan" (Revision A), "Proposed Elevations 1 (Revision A)" and "Proposed Elevations 2 (Revision A)" in respect of Building 123; "129 PL 400", "129 PL 401 B", "129 PL 402 B", "129 PL 403", "129 PL 404 C", "130 PL 400 C", "130 PL 401", "130 PL 402 C", "130 PL 403 C", "131 PL 400 C", "131 PL 401 A", "131 PL 402 A", "131 PL 403 C", "131 PL 404", "133 PL 300", "133 PL 301", "135 PL 300 B", "135 PL 301", "135 PL 302 A", "136 PL 300 A", "136 PL 301 B", "137 PL 400 A", "137 PL 401", "137 PL 402 A", "137 PL 404 A", "137 PL 405", "137 PL 406 A"; "DD 700" (Existing Roller Shutter Gear and Guides - Building 129 & 131), "DD 701" (Proposed Timber Doors - Building 129 & 131), "DD 702" (Proposed Glazed Screen - Building 131), [all of the preceding plans being preceded by "12068"] and "12068/OS001 B" (entitled 'Site Allocation Plan', but serving as a site location plan), Design and Access Statement (Rev C, 06.02.2017), Planning and Heritage Impact Statement (JPPC, August 2016) except in the case of Building 103 which does not form part of this application or permission, an arboricultural report (Phill Escritt, on behalf of G.C.K Treeworks, dated 09.01.2016), an External Memo: technical note in respect of ecology (Alex Perry, Lepus Consulting, dated 10.03.2014), an Extended Phase 1 Habitat Survey - Final Report (Lepus Consulting, November 2013), "Detailed daytime building assessment at Bicester Heritage, Bicester" (Lepus Consulting, January 2017), an External Memo: technical note in respect of ecology (Neil Davidson, Lepus Consulting, dated 16.08.2017), and emails to the Local Planning Authority from David Burson of JPPC Planning dated 13.02.2017 at 1752 hours and 06.06.2017 at 1641 hours.
	
	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	The materials, finishes and detailing of the development shall be as set out in the Heritage Partnership Agreement (Final Draft Revision B, 17 April 2015) unless otherwise agreed in writing by the Local Planning Authority.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 4	Notwithstanding the details submitted, the alterations shown in the plans listed in Condition 2 in respect of the buildings currently known as Buildings 129 and 131 are hereby not permitted.  Prior to the commencement of the development hereby approved, and notwithstanding the details submitted, amended details shall be submitted to the Local Planning Authority for these two buildings, to include the repair and/or replacement of the existing roller shutters with the provision of glazed screens behind said roller shutters.  The development shall be implemented fully in accordance with the approved scheme and retained as such thereafter.
	
	Reason - To preserve the character and appearance and significance of heritage assets and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 5	Any remedial brickwork necessary for the repair or making good of any building subject of this permission shall be carried out with brick of the same type, texture, colour and appearance as that of the existing building.
	
	Reason - To ensure that the development is constructed and finished in materials which are in harmony with the materials used on the existing building(s) and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 6	The development hereby approved shall be carried out in accordance with the mitigation measures and recommendations set out in the Extended Phase 1 Habitat Survey - Final Report (Lepus Consulting, November 2013) and the "Detailed daytime building assessment at Bicester Heritage, Bicester" (Lepus Consulting, January 2017), as amended by the External Memo: technical note in respect of ecology (Neil Davidson, Lepus Consulting, dated 16.08.2017).
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 7	In the case of any building subject of this permission and to which any works to the roof are hereby permitted, and notwithstanding the details submitted, further bat activity surveys shall be submitted to the Local Planning Authority within 9 months of this permission, which shall have been carried out in optimum conditions.  Thereafter the development shall be implemented in accordance with the approved details and shall be retained as such thereafter.
	
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

					  PLANNING NOTES

 1	Listed building consent has been granted subject to conditions. It is the developer's responsibility to ensure that they have read and understood the requirements of the conditions, and that they comply with the conditions when carrying out the development. If you are unclear about what is required, please contact the case officer for further advice.
	
	In some cases conditions require further details to be submitted and approved by the Local Planning Authority. You will need to make a formal application to the Council for approval of these details, and you need to allow up to 8 weeks (following receipt of a valid application) for the Council to make a decision on the acceptability of the details. This is particularly important where a condition requires further details to be approved before any work commences as any work carried out before those details have been approved would be unauthorized and at risk of planning enforcement action.
	
	There is no application fee in respect of conditions attached to a listed building consent. Guidance on making an application is available online on the Council's website by going to http://www.cherwell.gov.uk/index.cfm?articleid=8983

 2	Your attention is drawn to the need to have regard to the requirements of UK and European legislation relating to the protection of certain wild plants and animals.  Approval under that legislation will be required and a licence may be necessary if protected species or habitats are affected by the development.  If protected species are discovered you must be aware that to proceed with the development without seeking advice from Natural England could result in prosecution.  For further information or to obtain approval contact Natural England on 0300 060 2501.

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) AND PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 (AS AMENDED)	

NOTES TO THE APPLICANT

TIME LIMITS FOR APPLICATIONS 

By virtue of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and Regulation 12 and Schedule 3 of the Town and Country Planning (Listed Buildings and Conservation Areas) Regulations 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, listed building and conservation area consents are subject to time limits.  If a condition imposing a time limit has been expressly included as part of the consent, then that condition must be observed.

If listed building consent or conservation area consent is granted without such a condition, then it shall be deemed to have been granted subject to the condition that the works to which it relates shall be begun not later than the expiration of three years from the date on which consent was granted.

This does not apply to any consent for the retention of works granted under Section 8(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which authorises such works only from the date of the grant of that consent.

OTHER NECESSARY CONSENTS

This document only conveys listed building consent or conservation area consent for the works the subject of the application, 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 planning permission for the proposed works.

•	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 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 considering work on site.

•	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 requires any of the above consents or approvals.

APPEALS TO THE SECRETARY OF STATE

If you are aggrieved by the decision of the Local Planning Authority to grant consent subject to conditions, you can appeal to the First Secretary of State in accordance with Sections 20 and 21 of the Planning (Listed Buildings and Conservation Areas) 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 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.

PURCHASE NOTICES

If listed building consent or conservation area consent is granted subject to conditions, whether by the Local Planning Authority or by the First Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any works which have been or would be permitted, he/she may serve on the District Council a purchase notice requiring the Council to purchase his/her interest in the land in accordance with the provisions of Section 32 of the Planning (Listed Buildings and Conservation Areas) 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 Section 27 of the Planning (Listed Buildings and Conservation Areas)  Act 1990.