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

	
Name and Address of Agent/Applicant:

Bicester Nominees Ltd And Bicester II Nominees Ltd
c/o DP9
Mr Peter Twemlow
100 Pall Mall
London
SW1Y 5NQ

	

	
Date Registered: 6th May 2016

Proposal:	Construction of pedestrian and bicycle footbridge and widening of highway along with associated highways and landscaping works.

	
Location:	Land Abutting Bicester Village Car Park, Pingle Drive, Bicester, 
	
Parish(es):	 Bicester		 	

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	

		

Date of Decision: 15th July 2016	Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	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 development shall be carried out strictly in accordance with the following plans and documents: Application forms and drawings numbered: 
	
	09/068 P-301 - Site Location Plan
	09/068 P-302 - Existing Plan
	09/068 P-303 - Proposed Plan
	09/068 P-304 - Proposed Pedestrian Bridge Sections and 3D views
	09/068 P-305 - Site Location Plan 
	HED.979.301 - Existing Plan
	HED.979.302A - Proposed Landscape Plan
	16191-BT1 - Tree Protection Plan
	16191-AA-PB (29 June 2016) - Arboricultrual Assessment & Method Statement
	Transport Statement: T&PPB4778R001D01 Revision: 01/Final
	Flood Risk Assessment: WB02669 - R003 (February 2016)
	Ecology information submitted by BSG Ecology (dated 05/07/2016).
	
	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	The development shall be carried out in accordance with the recommendations contained within the Arboricultrual Assessment & Method Statement (16191-AA-PB - 29 June 2016) and Tree Protection Plan (16191-BT1).
	
	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.

 4	Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a Construction Environmental Management Statement which shall include details of the measures to be taken to ensure that construction works do not  adversely affect biodiversity with particular reference to ensuring continued access and minimising potential disturbance for Otters, 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 CEMS.
	
	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.

 5	A watching brief by a named Ecological Clerk of Works shall be maintained on site before and during construction to check ensure no protected species or evidence of such have moved onto the site since the previous surveys were carried out. Should any protected species evidence be found, a full survey and details of mitigation measures to prevent their harm 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 mitigation scheme.
	
	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.

 6	Prior to the commencement of the development hereby approved, including any demolition, and any works of site clearance, a method statement for enhancing the site for biodiversity 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 conserve and enhance biodiversity and prevent the spread of non-native species in accordance with Government guidance contained within the National Planning Policy Framework.

PLANNING NOTES 

 1	STATEMENT OF ENGAGEMENT
	
	In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), the Council has worked positively and proactively to determine this application in an efficient manner having worked with the applicant/agent where necessary to resolve any concerns that have arisen during consideration of the application in the interests of achieving more appropriate and sustainable development proposals. Consent has been granted accordingly.

 2	Biodiversity/Protected Species
	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 01635 268881.

 3	INFORMATIVE 
	Notwithstanding the Council's decision to approve planning permission, the applicant is advised that, to be able to carry out the works, an Environmental Permit may be required from the Environment Agency. The applicant is advised that, should the plans fail to accord with the Environment Agency's permitting requirements, then the planning permission may not be able to be implemented.

	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 refuse to  grant planning permission or grant planning permission subject to conditions, you can appeal to the Secretary of State in accordance with Section 78(1) of the Town and Country Planning Act 1990.
If you wish to appeal then;
•	For Householder applications you must do so within 12 weeks of the date of the decision  
•	For Minor Commercial applications you must do so within 12 weeks of the date of the decision
•	For all other types of planning applications you must do so within 6 Months of the date of the decision

Unless;
•	The decision on the application relates to the same or substantially the same land and the development is already the subject of an enforcement notice then you must appeal within 28 days of the date of the Local Planning Authority’s decision on the planning application. 
•	If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal the decision, then you must do so within 28 days of the service of the enforcement notice, or 6 months (12 weeks for householder and minor commercial) of the date of this decision which ever is the sooner

Forms can be obtained from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Tel (0303 444 5000. Or online at www.planningportal.gov.uk/pcs. 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.