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

	
Name and Address of Agent/Applicant:

Miss Sally Appleyard
c/o Abacus Chartered Architects LLP
Mr Robert Jessop
26 Vittoria Street
Hickley
Birmingham
B1 3PE

	
Date Registered: 29th October 2014

Proposal:	Reserved Matters - (Outline Application 05/01337/OUT) - Details of the proposed sports changing pavilion and associated car parking (26 car parking spaces including 3 disabled spaces) and landscaping	
Location:	Proposed Sport Pavilion Land Of Bankside Adj, Longford Park Road, Bodicote,  	
Parish(es):	Banbury		 	

APPROVAL OF RESERVED MATTERS SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby APPROVES details of the matters reserved in the outline permission reference No.   , as 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: 23 March 2016	
Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	Except where otherwise stipulated by condition on this reserved matters approval or the original outline planning permission, the development shall be carried out strictly in accordance with the following plans and documents: 
	Drawing No. 1419 500 Rev. S
	
	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.

 2	The approved building shall be constructed using external materials that accord with the Schedule of Materials set out in drawing no. 1419 500 Rev. S. 
	
	Reason - To ensure the satisfactory visual appearance of the building in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

 3	Prior to first use of the sports pavilion building, the car parking and turning areas shown in drawing no. 1419 500 Rev. S shall be laid out on site and available for use. Such parking and turning areas shall be retained as approved thereafter for purposes incidental to the use of the sports pavilion. 
	
	Reason - To ensure a suitable level of car parking provision is available from the outset to prevent on-street parking to the detriment of other highway users.

 4	Prior to first use of the approved sports pavilion, details of bin and cycle storage facilities shall be submitted to and approved in writing by the local planning authority. The approved facilities shall be provided on site prior to first use of the sports pavilion building and shall be retained as approved thereafter.
	
	Reason - To ensure the building is supported by reasonable amenities in the interests of future users in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

 5	Prior to the commencement of the development hereby approved, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site shall include:-
	
	(a) 	details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,
	
	(b) 	details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,
	
	(c)	details of the hard surface areas, including pavements, pedestrian areas, reduced-dig areas, crossing points and steps.
	
	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 C28 of the adopted Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 6	All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard. All hard and soft landscaping approved in the Landscape Scheme under the requirements of Condition 5 shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner. Any trees, herbaceous planting and shrubs which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the current/next planting season with others of similar size and species.
	
	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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 7	Prior to the commencement of the development hereby approved, and notwithstanding the submitted details, full details, locations, specifications and construction methods for all purpose built tree pits and associated above ground features, to include specifications for the installation of below ground, load-bearing 'cell structured' root trenches, root barriers, irrigation systems and a stated volume of a suitable growing medium to facilitate and promote the healthy development of the proposed trees, 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 and specifications.
	
	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 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, and notwithstanding the submitted details, full details, locations, specifications and construction methods for all tree pits located within soft landscaped areas, to include specifications for the dimensions of the pit, suitable irrigation and support systems and an appropriate method of mulching, 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 and specifications
	
	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 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, including any works of site clearance, an update survey for badgers shall be carried out no sooner than three months before commencement following which a mitigation strategy for badgers including whether a development licence is 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 ESD10 of the Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework.

10	The development shall be carried out at all times in strict accordance with the following sections of the Ecological Assessment (Community Park) carried out by Aspect Ecology Dated October 2014 4.9.5, 5.6.7, 5.4.5, 5.2.19, 5.7.8.
	
	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 and Government guidance contained within the National Planning Policy Framework.

11	Prior to the commencement of the development hereby approved, full details of a scheme for the location of bat and bird boxes shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to first occupation of the development, the approved boxes shall be installed on the site in accordance with the approved details and retained as such thereafter.
	
	Reason - To conserve and enhance biodiversity in accordance with Government guidance contained within the National Planning Policy Framework.

12	All hardsurfacing within the development shall be permeable and accord with Sustainable Drainage Scheme principles. 
	
	Reason - To reduce local flood risk in accordance with Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1. 

13	Prior to the commencement of the development hereby approved, full details of the access vision splays, including layout and construction shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of Longford Park 'Bankside Sports Pavilion' the vision splays shall be constructed in accordance with the approved details and the land and vegetation within the vision splays shall not be raised or allowed to grow above a maximum height of 0.6m above carriageway level.
	
	Reason - In the interests of highway safety in accordance with the requirements of Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1. 

14	No external lights/floodlights shall be erected on the land without the prior express consent of the Local Planning Authority.
	
	Reason - To enable the Local Planning Authority to retain planning control over the development of this site in order to safeguard the amenities of the occupants of the adjoining dwellings in accordance with Policies C28 and C30 of the adopted Cherwell Local Plan and 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	Attention is drawn to a Legal Agreement related to this development or land which has been made pursuant to Section 106 of the Town and Country Planning Act 1990, Sections 111 and 139 of the Local Government Act 1972 and/or other enabling powers.

	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 0030 200, 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, Telephone No. 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.

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.