Title: Godswell Park, Bloxham
Author: Rebecca Horley
Last saved by: Bob Duxbury
Company: Cherwell District Council

Land North East Of Oxford Road West Of Oxford Canal And East Of
Bankside
Banbury

14/01833/REM

Case Officer: | Matthew Parry | Recommendation: Approve
Applicant: | Miss Sally Appleyard
Proposal: | Reserved Matters to 05/01337/OUT - Details of the proposed community park adjacent to Bankside, including play, recreation, education and biodiversity features, a footpath and cycle network and other public amenities.
Expiry Date:	4 February 2015

1.	APPLICATION SITE AND LOCALITY 

1.1.	The application site relates to an area encompassing land designated and secured as a new community park through planning obligations associated with the development of 1070 dwellings etc granted planning permission under reference 05/01337/OUT. The phasing plan, masterplan and design code documents submitted and approved pursuant to conditions imposed on the outline planning permission defined the area for the community park and this application accords with this area.  The application site area encompasses the undeveloped countryside between Parcels A-E and F of the development permitted under 05/01337/OUT and now known as Longford Park.
1.2.	The land is open countryside and slopes downwards between the main plateau associated with Parcels A-E of Longford Park and the housing now under construction on Parcel F adjacent to Bankside. A number of balancing ponds associated with the surface water drainage system serving the Longford Park development have already been constructed within the community in accordance with the surface water drainage scheme already approved under a condition on the outline consent. Parts of the application site area are being used for the storage of spoil arising from the construction works on the main development.  
2.	DESCRIPTION OF PROPOSED DEVELOPMENT
2.1.	The application proposes the reserved matters associated with the landscaping of the area designated for the community park as part of the wider Longford Park development permitted under 05/01337/OUT. Reserved matters have already been submitted and approved in relation to all other phases of the development and construction is well underway with over 600 dwellings now completed. 
2.2.	The application therefore proposes details of the layout and landscaping for the community park and shows a number of landscape features and planting linked together by new pathways between new and existing development. 
2.3	As the application consists of a subsequent application to an approved EIA development, officers have also considered whether the ES originally submitted is still sufficient to enable proper consideration of the likely significant environmental effects. An addendum to the ES has since been submitted to cover any changes with respect to ecological impacts and with this update officers are satisfied that the overall EIA undertaken for the development is adequate. 
3.	PRE-APPLICATION DISCUSSIONS

3.1	No pre-application discussions have taken place with regard to this proposal through extensive discussions have taken place between the applicant and officers during the life of the application and a series of amendments have been submitted. 

4.	RESPONSE TO PUBLICITY

4.1	This application has been publicised by way of a site notice displayed near the site, by advertisement in the local newspaper, and by letters sent to all properties immediately adjoining the application site that the Council has been able to identify from its records. The final date for comments was 12.09.2017, although comments received after this date and before finalising this report have also been taken into account. 
4.2	No objections have been received from any third parties.
4.3	Any comments received can be viewed in full on the Council’s website, via the online Planning Register.
5.	RESPONSE TO CONSULTATION

5.1	Below is a summary of the consultation responses received at the time of writing this report. Responses are available to view in full on the Council’s website, via the online Planning Register.

Banbury Town Council – Whilst the proposals may look good on paper there are concerns about the long term annual maintenance cost.  
a. Access to many of the areas is restricted or non-existent and therefore the ongoing maintenance by plant and machinery cannot be undertaken without manual labour, which is expensive. 
b. Experience of aspects of the landscaping have been used on other sites around Banbury with little success (i.e. Cattle Market site/s, Hanwell Fields Park) 
c. This proposal is for a country park therefore should be made up of planting that is affordable and low maintenance the proposed scheme is neither of these. 
2. The primary path does not indicate what lighting is being installed after the initial request was made some months ago for comments on the lighting of the area comments were passed back to CDC on this? 
3. Some of what is being shown as landscaping is open to query as there does not seem to be an explanation in the key for the drawing/s i.e. red contoured area in the middle of the site, areas enclosed by blue lines (north of the school site), circular amenity landscape grass areas etc. 
4. Island planting is not appropriate for ongoing maintenance and will become litter traps and facilitate antisocial behaviour, it would be far more beneficial for the island areas to be incorporated into the broader planting belts. 

a. The mixes identified for the island beds does not clearly identify what preparation/ maintenance provisions are proposed, which will impact on long term maintenance. The mixes being identified for these areas is also of concern and should be made up of native species suitable for the landscape proposals and not include ornamental species like Potentilla, Choisya, Calluna (heather), Vaccinium (bilberry) etc. 

5. The planting plans need to be supported by information regarding the implementation of the scheme. There are references on the drawing citing BS codes for planting, however these do not cover the preparation for and implementation of the extensive wildflower areas, reed beds, bund formation and hedge planting. Operations required in the establishment and maintenance period need to be outlined to ensure the scheme is successful. 

a. Replacement periods for plant/tree/grass material need to be set out for any death, disease or vandalised. Information would also be required regarding any fertilisers, compost to be added to shrub beds prior or during planting. 

b. The tree stakes mentioned (double staked with cross bar) are suitable for the specimen trees in grass but we need to know how the woodland trees and shrubs are to be staked and protected. Keeping the re around the base of the trees clear for 2 years plus will aid their establishment this needs to be outlined in the specification. Woodland tree planting density is not specified and yet must have been calculated to get the number of the composition. Sizes and density of trees in the upper and lower canopy should be specified in order to judge the impact. 

c. There are concerns over the establishment of such large areas of wildflower. Banbury TC (and predecessor authorities) has been trying since 1984 to create a wild flower meadow on Spiceball Park that was previously agricultural land without success despite having introduced wild flower plus, seed mixes etc. These areas require ground with very low fertility that is not the case on agricultural land which has been regularly fertilized either by grazing or applications of fertiliser, without proper site preparation this could fail on a very large scale. With so many trees in Wildflower areas tree protection is paramount so as not to have excessive losses due to strimmer damage. 

d. Castinea Sativa (Sweet Chestnut) seem to be proposed both in woodland and in grass at close centres when they have the potential to become large. Also given that Sweet Chestnut blight is rather rampant at the moment this may not be the best choice. 

e. Tilia Cordata do not make a good avenue tree and should be located away from paths as these trees tend to drop limbs when mature and their excessive epicormics growth is again a problem along footpaths. Perhaps another type of lime is more suitable. 

f. More amenity grass would be welcomed in strips along the footpaths to prevent encroachment. 

6. There are insufficient dog bins around the area however if these could be combined with the litter bins it would be better and these need to be roofed bins with side (letter box style) flaps and be of sufficient size to cope with the local need. 
7. The idea of orchards on the site is applauded but does it have to be so regimented and more space is required between the rows to allow for maintenance, the maintenance of this park will be low maintenance so species requiring minimal management/maintenance should be chosen not garden species. Formative pruning of the fruit trees in the orchard and then the annual pruning needs to be outlined. The orchards seem to be dominated by apple. It would be good to include a small percentage of Pear, Plum, Greengage and Cobnuts. The centre between trees should be are 8 to 9 metres if this is to emulate ‘Old Orchards’ and to be grown on vigorous rootstock so that the trees have the potential to be large specimens. 
8. Short term and long term SUDS maintenance operation need to be outlined. There is a general lack of information on gradients of banks, ditches, SUDS and so it is difficult to comment on gradients suitable for mown grass. However, looking at the bunds they look too steep in sections for grass and these sections would be best planted if the gradient can’t be reduced. The balancing ponds do not show inlet and outlet points or sizes of these which could be problematic in the future and access for maintenance equipment is not provided for. The bunding around the SUDS prevents easy access for maintenance, and along with the woodland belt which passes to the south of the bunding, creates a secluded area where there is no view in. Being close to a school and housing this has the potential to be an area attracting anti-social behaviour. Perhaps the bunding could go to the north of the SUD. 

9. More consideration is needed about the end use of the park and movement around the area both formal and informal pedestrian as well as mechanical. Dog walkers for instance like circular routes and grass cutting machinery require open spaces with width to get between obstacles and to areas of maintenance. Wild flower areas also require maintenance so they should be accessible to machinery. 
10. We are unable to identify whether there could be potential problems with trees in relation to neighbouring residential property and effects on such planting with regard to subsidence/ property damage. Where standard or bigger trees are identified no sizes were provided. Specimen trees dotted throughout the amenity grass prevent long vistas, are a mowing problem and prevent informal games. These would be better incorporated into groups as in traditional parkland and placed carefully to reveal different areas of the parkland as you move around or just placed in the woodland mixed as large stock sizes. 
11. Around the play area and MUGA the design and planting is totally inappropriate for the location in an informal local authority maintained site as this has been tried on the Cattle Market site and has not in my opinion been successful. If the area was in a formal setting such as a historic formal garden like Blenheim Palace it would be more appropriate. 
a. The play area plans don’t say if there is a railing as well as the hedge. This would be required as a minimum during the establishment of the hedge and for sections where there is no hedge. 
b. The ‘Large Shrub Mix’ on either side of the MUGA has a mix of sizes of plants. Some of these species such as the Cornus and the Viburnum can get very large and are not suitable next to a footpath and could cause visibility into the MUGA to be impeded. A small shrub mix around the perimeter of the beds would prevents plants encroaching onto the hard standing. A large shrub mix is best used in selective locations where the width of the bed provides adequate space and where it doesn’t impede natural surveillance. 

12. W12 Fagus Sylvatica woodland is not a good choice for Banbury, it is more typical of free draining calcareous soils normally found on chalk escarpments. The heather understory is more suited to moorland habitats, the Bilberry in this mix again likes light loamy well drained soils. W16 Quercus and Betula woodland has little tree understory. Potentilla is in the mix twice making a total of 20% of the understory. 

a. Drawing number 5205/CP-ASP 2.5 rev D – The proposed topography (not in the KEY) is shown to have formal amenity grass on what appears to be a steep bank. This would not be maintainable and the formal grass area should be located on more of a ground level. 
b. 5205/ASP/CP.PP4.4 - a Carpinus Betulus next to the zip line has the potential to get large and may be best located in the hedge or relocated. 
	
13. There is a large amount of grasses around the play area even the herbaceous are grasses. Bin types, benches, gates with self-closing hinges all need specification, along with details of the equipment and the safety surfacing would be welcome. 

The proposals provided would be expensive/ difficult to maintain and could cause problems for the safety of potential users, diminishing the amenity and aesthetic value of the site. Banbury Town Council are supportive of the application in principal but feel there is many issues with this application and requires revisiting.
Bodicote Parish Council – The main play areas and football pitches are located away from residential areas and so will not efficient serve the amenity of future residents. In the case of the NEAP and MUGA, these are on the opposite side of the spine road. This will pose a risk to children.
CHERWELL DISTRICT COUNCIL (INTERNAL CONSULTEES)
Landscape Services – Comments incorporated into this report. 
Arboriculture – A mix of species and sizes should be plated including long lived species such as oak. The tree protection plan is adequate and there should be controls in place to ensure replacement of any failed planting. 
OXFORDSHIRE COUNTY COUNCIL
No objection subject to conditions and with the following observations:
-	The shared use route through the site is a vital link that must remain accessible at all times and should be lit to ensure it is attractive to commuters and member of the public in the evening hours to promote sustainable travel;
-	New gates across public rights of way are usually not consented by OCC in its role as local highway authority as they hinder or dissuade public access;
-	Where footpaths terminate there should be an area of hardstanding for pedestrians to continue their route on;
-	Cycle parking is needed for the MUGA and further details are required. 
OTHER EXTERNAL CONSULTEES
Environment Agency – The proposals show drainage features that have not been accompanied by a wider drainage scheme and associated calculations to demonstrate that they are adequate to ensure that the Longford Park development does not increase risk of flashing flooding.
Canal and Rivers Trust – No objection though concerns are raised about the marina proposals though these would be subject to a separate application. It is disappointing however that there is no provision for a connection to be made to the towpath on the opposite side of the canal. 

6.	RELEVANT PLANNING POLICY AND GUIDANCE

6.1	Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

6.2	The Cherwell Local Plan 2011-2031 - Part 1 was formally adopted by Cherwell District Council on 20th July 2015 and provides the strategic planning policy framework for the District to 2031.  The Local Plan 2011-2031 – Part 1 replaced a number of the ‘saved’ policies of the adopted Cherwell Local Plan 1996 though many of its policies are retained and remain part of the development plan. The relevant planning policies of Cherwell District’s statutory Development Plan are set out below:

CHERWELL LOCAL PLAN 2011 - 2031 PART 1 (CLPP1)

•	SLE4 - Improved Transport and Connections
•	ESD1 - Mitigating and Adapting to Climate Change
•	ESD10 - Protection and Enhancement of the Biodiversity and the Natural Environment
•	ESD13 - Local Landscape Protection and Enhancement
•	ESD15 - The Character of the Built and Historic Environment
•	ESD16 - The Oxford Canal
•	ESD17 - Green Infrastructure

CHERWELL LOCAL PLAN 1996 SAVED POLICIES (CLP 1996)

•	C28 – Layout, design and external appearance of new development

6.3	Other Material Planning Considerations

•	National Planning Policy Framework (NPPF)
•	Planning Practice Guidance (PPG)
•	Draft Policy H10 of the Non-Statutory Cherwell Local Plan 2011

7.	APPRAISAL

7.1	The key issues for consideration in this case are:

•	Principle of the Proposals;
•	Layout and Connectivity;
•	Landscaping;
•	Ecology;
•	Drainage/Flood Risk.

	Principle of the Proposals
7.2	The principle of creating a new public community park has been established through the grant of outline planning permission under 05/01337/OUT. A legal agreement pursuant to s106 of the TCPA 1990 contained a number of relevant obligations on the developer/owner to provide the community park by a defined point in the build-out of the development as well as requirements to complete and then transfer ownership of the park to the Council. This reserved matters application therefore provides the detail on the community park, the principle of which has been established as part of the outline consent and for which there are associated covenants controlling its delivery and management as part of planning obligations. 

7.3	A masterplan was submitted and approved pursuant to a condition imposed on the outline consent which set out the locations and broad approach to the various elements of the development across the wider site. The location of the community park was established as part of the approved masterplan as well as the location of various features within it such as the sports pitches and play areas. The masterplan and phasing plan also established that the community park would come forward as a single phase within a reserved matters submission. 

7.4	The principle of the development on the site is therefore established as acceptable due to its accordance with the outline consent and it is not necessary to consider the specific triggers for its completion, inspection, opening and transfer to the Council as part of these reserved matters as these have been addressed as part of the legal agreement associated with the outline consent. 

Layout and Connectivity	
7.5	A central tenet of the community park has been that it provides the connection between the main ‘plateau’ element of Longford Park (which includes residential parcels A-E, the primary school, local centre, employment units etc) through to residential parcel F and on to the town centre so that walking and cycling are encouraged to enable the creation of a more sustainable new community. A number of connections from the new residential development as well as from existing roads/paths are also expected so that the new park is accessible as an amenity as well as provides important linkages. 

7.6	A combined footway/cycleway is shown leading off Canal Lane through the community park to its boundary with Parcel F. It is then shown to split with one limb running along the frontage with Bankside before connecting to the road with the other limb passing along the Oxford Canal and through to the adjacent People’s Park. This accords with the vision of this feature as stipulated in the legal agreement. Officers concur with the views of the local highway authority (OCC) that this key pedestrian/cycle route needs to be appropriately lit to ensure that it is safe and usable during the darker early morning and evening hours to encourage its use. To this end the applicant has submitted a lighting scheme and its general approach is considered appropriate given that it shows traditional street lighting (as opposed to more utilitarian roadside lighting) to respond to the visual character of the country park as well as limit light intrusion into the wider landscape. However, the lighting proposed terminates awkwardly where it meets housing parcels and does not continue along the footway/cycleway to its end where it meets the road or to the overall site edge. This leaves dark areas as well as areas that would appear odd given that the traditional light columns would terminate and rely on diffuse lighting from housing or nearby streets rather than create a simple, safe and legible route defined by a single type of lighting. A condition is therefore recommended requiring a revised scheme to be submitted that addresses these defects. 

7.7	A range of other paths are shown within the submitted plans and these provide appropriate connections through to the community park from Bankside as well as from Oxford Road to ensure that the park is properly integrated with surrounding development. Paths are generally proposed in a low key, rustic surfacing material to reflect the natural landscaped approach to the park and so will generally feature hoggin rather than tarmacadam. The main footway/cycleway would however be hardsurfaced so that it is appropriate for its intended use.  Footpaths are provided so that they pass along the undulations in the ground levels and are therefore more natural in appearance rather than be cut into the ground as was originally proposed. A footpath connection is also provided to Haynes lift bridge, an existing bridge over the canal, that provides a connection over to the towpath on the opposite side of the Oxford Canal. A financial contribution was provided by the developer via planning obligation towards the construction of a new bridge of the canal to improve connectivity of the development. 

7.8	OCC has raised some concern about the proposal for a gate across the entrance to Canal Lane from the Longford Park spine road given that it is an obstacle along the public right of way. However, such a gate was a specific requirement of a condition on the outline consent in the interests of highway safety and so is not for re-consideration at this stage.  

7.9	With respect to the Neighbourhood Equipped Areas of Play (NEAP), Local Equipped Areas of Play (LEAP), Multi Use Games Area (MUGA), sports pitches and the associated car parking, the siting of all of these features of the community park application area has already been established as part of the approved masterplan for the whole development. As such, their position is fixed to accord with the outline consent which a reserved matter must do. Concern has been raised by Bodicote Parish Council that these facilities are not especially accessible to new residents and that the play areas are not as safe to access as they might be. These concerns are not for consideration here as the siting of these facilities has been previously established. 

7.10	There is the question however of the compatibility of these facilities with neighbouring development. The sports pitches in particular are sited and orientated such that they are their goal posts are close to Bankside. There is the distinct possibility of footballs being kicked beyond the goal lines and heading onto what is a relatively busy residential connector road. This would be a hazard to motorists and to people (particularly children) entering onto or across the road to collect errant footballs. Whilst planting is proposed along Bankside that in many years might act as both a natural screen and barrier to footballs, netting is considered to be necessary in the early years to prevent such footballs straying onto Bankside.  Details of the netting/fencing is not provided as part of this application but it is essential that it is in place prior to first use of the pitches and so must be secured by an appropriately worded condition. Public consultation on the nature, alignment and specification of the barrier feature is considered to be necessary in this particular case given that it would inevitably be visible from the public highway as well as from a number of existing dwellings and it was not detailed within this documents forming this reserved matters submission. 

7.11	The siting of the MUGA has already been established through the masterplan approved pursuant to the outline consent. It is adjacent to a car sales premises. Vehicles on the forecourt are unlikely to be within range of errant balls from the MUGA though there is the possibility that vehicles parked at the rear could be hit by balls kicked over from the MUGA. As part of the proposals however, 4m high fencing is proposed along the side adjacent to the car sales premises which is significantly higher than on a typical MUGA and this should prevent the vast majority of errant balls getting onto neighbouring properties/premises. As a result, the MUGA is considered to be appropriately sited in the way the applicant proposes. A car park is proposed adjacent to the MUGA and NEAP as such facilities can be a destination in their own right even for people living outside the Longford Park development. Some of these may arrive by car and it is considered to be appropriate to have a small off-street parking facility to cater for this to avoid congestion on the spine road which is already known to be difficult to navigate for buses. Cycle parking facilities are also expected though not clearly shown. A condition is recommended to be imposed requiring provision of secure cycle parking in an appropriate location on the site to encourage non-car travel in accordance with the objectives of Policies SLE4 and ESD1 of the CLPP1.

7.12	A car parking area and LEAP are also proposed at the edge of the community park area adjacent to Parcel F. The location of these facilities was established as part of the masterplan approved pursuant to the outline consent. This ensures that there is a play area close-by to serve the new residents of the 218 dwellings on Parcel F. Details of the layout, surfacing, drainage etc of the car park serving the community park are limited and so a condition is recommended to be imposed requiring further details of it so that it is appropriately laid out and landscape to ensure it fit of its intended purpose and visually suitable for its context. 

7.13	With respect to the play facilities proposed within these reserved matters for the community park area, the Council’s Landscape Services team have reviewed the amended details provided and concluded that they are satisfactory in terms of the equipped proposed, their layout and landscaping. Details of the sports pitches have also been reviewed and their specification, layout and drainage arrangements are considered to be suitable. The legal agreement associated with the outline consent also included specifications for the sports pitches and play facilities within its schedules/appendices and, following the submission of amendments, these reserved matters are now considered to be in accordance with these specifications. Triggers for the completion, inspection, opening and transfer of these facilities to the Council are all contained within covenants in the legal agreement and so would not need to be repeated as part of conditions on any reserved matters approval. 

7.14	Following amendments made to the proposals a number of benches, refuse bins, dog bins and fingerpost signs have also been proposed at suitable points within the park in the interests of the amenity of future users of this public park.  

7.15	Officers are therefore satisfied that amended reserved matters proposals for the community park phase demonstrate a suitable layout to the provision of sports and play facilities as well as an appropriate design and specification for these facilities in accordance with the terms of the outline consent as well as relevant policies of the development plan in addition to Draft Policy H10 of the Non-Statutory Cherwell Local Plan 2011. Similarly, officers are also content that the footpaths and cycleways proposed within the community park are appropriate in order to provide good connectivity within the Longford Park development as well as with surrounding development so that walking and cycling is suitably encouraged. 

Landscaping
7.16	The outline consent and its associated legal agreement reflected the draft allocation of the site through Policy H10 of the Non-Statutory Cherwell Local Plan 2011. As a result, a community park was approved and secured through planning obligations and a vision for the park was contained within an appendix to the legal agreement. This involves converting what was previously arable land into a naturally landscaped public park rather as opposed to a formally landscaped urban park. This provides significant opportunity for ecological enhancement that would mitigate and outweigh other adverse ecological impacts of the development.  Following amendments submitted during the course of determining the application, these reserved matters proposals are now considered to be consistent with this vision. 

7.17	The proposals for the park include creation of copses of significant new native woodland both within the park and around its edges so as to blend in with the countryside of the wider River Cherwell valley to the north and east. Planting of mixed wildflower grasses as well as wet grassland within and around the balancing ponds is also proposed. A couple of orchard areas are also proposed to either side of the footway/cycleway as a public amenity and a significant contributor to biodiversity. Numerous mounds of spoil have been created by the developers as part of the arisings associated with construction of new buildings. A condition on the outline consent prevents removal of material from the site and these mounds are proposed to be graded in places or the soil suitably distributed throughout the country park. This adds a degree of variation of ground levels adjacent to the residential areas where the park is, in any event, less natural in its character and adds potential viewpoints across the park. A mix of species and tree sizes have also been proposed in the amended landscaping scheme so that there is visual interest from the outset and so that the park matures in different stages to add variety and thus generate a more natural character. 

7.18	An ecological habitat management plan was required by condition on the outline consent. This has already been submitted and approved and related, in the main, to the retained and new habitat within the community park. The landscape proposals for the community park within these reserved matters are consistent with the habitat management plan already approved and therefore it delivers upon the ecological objectives on which the outline application was considered and approved. In addition to new planting, these proposals also include provision of bee banks, protection around existing badger setts and bird/bat boxes on relevant retained trees. 

7.19	The Council’s landscape officers have reviewed the plans and informed the approach to the amendments with respect to the species proposed as well as the type/nature of landscape created having regard to the vision for the community park specified in the legal agreement and the documentation approved as part of granting outline consent. Officers have no reason to conclude otherwise than that this would create a park of natural character that would also be a significant public amenity. For this reason officers are satisfied that the approach to landscaping of the park is appropriate having regard to the terms of the outline consent, draft Policy H10 of the Non-Statutory Cherwell Local Plan 2011 and other relevant development plan policies. Officers do note however that the application site includes fingers of land between residential parcels and that the strip of land between Parcel B and C is shown to be minimally landscaped. This is disappointing as it has the potential to be a more attractive feature that would help create a more pleasant residential environment as well as deliver additional ecological gain. A condition is therefore recommended requiring a revised approach to the landscaping of this part of the application site. A condition is also recommended to be imposed that requires the submission and approval of a landscape management plan which can differ from some of the requirements of a habitat management plan. 

Drainage/Flood Risk
7.20	The Environment Agency has raised concern about the drainage features proposed within the community park and whether they are part of an adequate surface water drainage scheme to serve the Longford Park development. Following the submission of this reserved matters application back in 2014 the surface water drainage scheme has been approved pursuant to a condition on the outline consent and the balancing ponds/basins and swales shown within the community park reflect that contained within the approved surface water drainage scheme. The EA is no longer the statutory agency for considering surface water which now falls to OCC as the lead local flood authority. As this is a reserved matters application there is not a statutory requirement to consult the EA and, now that their remit has passed to OCC in this respect, it has not been necessary to seek further clarification from them. OCC has the lead local flood authority has confirmed that the surface water drainage scheme is satisfactory and it has been approved by the Council as local planning authority. There is consequently no need to revisit this matter now as these reserved matters are consistent with the details approved as part of the outline consent. 

Other Matters
7.21	Banbury Town Council raised a number of concerns about the approach to landscaping of the community park. Many of these concerns have been addressed through amendments to the proposals following their submission including changes to plant/tree species, amendments to the specification of play areas, inclusion of bins and clustering of trees rather than individual specimen trees. However, officers disagree with any suggestion that low cost maintenance should be the primary driver behind the landscaping approach to the park. Significant financial contributions towards maintenance will be received from the developers pursuant to covenants in the legal agreement to meet the cost of the first 15 years of maintenance once adopted. This is of interest to Banbury Town Council as they will expect to adopt and maintain the park once satisfactorily completed. Pockets of woodland therefore continue to be proposed given that they are more in keeping with the local landscape character as opposed to more of a parkland character as well as traditional street lamps along the main footway/cycleway. The large areas of wildflower are also retained and officers’ support this given the contribution it makes to biodiversity as well as the orchards though these do feature a greater variety of fruit trees now. Overall however, officers are satisfied that the amendments made to the scheme would now create a natural country park character as envisaged through the granting of outline consent and there is no reason to conclude that anything proposed would be prohibitively costly to maintain in the future. 

8.	PLANNING BALANCE AND CONCLUSION
8.1	These reserved matters are considered to be consistent with the terms of the outline consent and in turn the basis behind the decision – the draft allocation through Policy H10 in the Non-Statutory Cherwell Local Plan 2011. The approach to the community park is therefore in accordance with the aspirations to create a natural landscaped country park and includes good connectivity to and through the park so as to form a well-integrated development that promotes sustainable modes of travel. The sports pitches, play areas and car parking proposed within the reserved matters application are also consistent with the requirements of the legal agreement associated with the outline consent as well as their locations as set out in the masterplan approved as part of the outline consent.  The design and specification of these play/sports facilities is considered to be in accordance with the Council’s design guidance, Developer Contributions SPD and that set out in Policy BSC11 of the CLPP1. A number of conditions are required to secure further details and/or amendments to that set out in the plans and drawings submitted as part of these reserved matters in order to make the proposals acceptable in planning terms. The proposals are therefore considered to be in accordance with those policies of the development plan that are relevant to these reserved matters as well as, in particular, draft Policy H10 of the Non-Statutory Cherwell Local Plan 2011 which in this particular case is a significant material consideration. There is nothing within national planning policy or guidance and nor is there any other material consideration that would justify coming to any other decision but to grant approval of these reserved matters. 

9.	RECOMMENDATION
That these reserved matters are approved, subject to the following conditions:

1. Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following plans and documents:
1707.16496 Rev. 2
1709.17114 
5205/CP/ASP4.7 Rev. F
5205/ASP/CP.PP4.4 Rev. F
5205/CP-ASP2.5 Rev. I
5205/CP-ASP2.4 Rev. I
5205/CP-ASP2.3 Rev. I
5205/CP-ASP2.2 Rev. I
5205/CP-ASP2.1 Rev. I
5205/CP-ASP1.0 Rev. I
20488_02_040_05 Rev. H
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. No use of the hereby approved community park shall take place (other than for construction purposes) unless and until a revised scheme of external lighting along paths within the park has been submitted to and approved in writing by the local planning authority. Thereafter the approved external lighting shall be installed prior to first use of the park and retained as such thereafter. 
Reason - In the interests of encouraging safe use of the park for travel by foot and cycle and to ensure that such lighting is visually appropriate to the park's character in accordance with the requirements of Draft Policy H10 of the Non-Statutory Cherwell Local Plan 2011 as well as well as Policies SLE4, ESD1, ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1.
3. Notwithstanding anything shown in the approved plans, no use of the community park or Multi Use Games Area (MUGA) hereby approved shall take place until further details of the car parks to serve them park are submitted to and approved in writing by the local planning authority. Such details shall include the markings, landscaping, surfacing, drainage and lighting of these car parks. The car parks shall then be provided in accordance with the approved new details prior to the first use of the MUGA or community park and retained as such thereafter.
Reason - To ensure that the car park is provided in a manner that is fit for purpose and aesthetically appropriate to the context in accordance with the requirements of Draft Policy H10 of the Non-Statutory Cherwell Local Plan 2011 as well as Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1.
4. Prior to the first use of the community park hereby approved, a landscape management plan, to include the timing of the implementation of the plan, long term design objectives, management responsibilities, maintenance schedules and procedures for the replacement of failed planting for all landscape areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the landscape management plan shall be carried out in accordance with the approved details.
Reason - In the interests of ensuring that the community park provides a well managed natural landscaped park for the local community in the future as well as to deliver the long term biodiversity enhancements required as part of the wider development in accordance with the requirements of Draft Policy H10 of the Non-Statutory Cherwell Local Plan 2011 as well as Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1.
5. No retained tree as shown in the approved plans 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.
Reason - To ensure that existing trees of value on the site and as shown within the approved plans are retained in the long term in the interests of public amenity, visual amenity and ecological value of the community park.  
6. The development hereby approved shall be carried out strictly in accordance with the recommendations and specifications set out in the Tree Protection Plan prepared by Aspect Arboriculture on October 2014.
Reason - To ensure that existing trees for retention are adequately protected during construction work in the interests of public amenity and biodiversity in accordance with the requirements of Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1.
7. Notwithstanding anything shown in the approved plans, neither the community park, Neighbourhood Area of Play (NEAP) or Multi-Use Games Area (MUGA) hereby approved shall be brought into use until details of cycle parking facilities to support those facilities have been provided in an appropriate location(s) on the site in accordance with details that have been submitted to and approved in writing by the local planning authority. Such cycle parking shall thereafter be retained as approved. 
Reason - To ensure that sustainable travel to these facilities is encourage in accordance with the requirements of Policies SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1.
8. Notwithstanding anything shown in any of the approved plans/drawings, no use of the community park shall take place until a revised scheme of landscaping in relation to the strip of land between Parcels B and C (of the wider development approved under 05/01337/OUT) has been submitted to and approved in writing by the local planning authority. This revised scheme shall include greater provision of tree and shrub planting as opposed to predominantly amenity grass. The development shall thereafter take place in accordance with the approved revised landscape scheme.
Reason - In the interests of visual amenity and to create a high quality, attractive residential environment in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 as well as Government guidance contained in the National Planning Policy Framework.
9. No use of the hereby approved sports pitches shall take place until a barrier feature has been erected between the pitches and Bankside (that reduces the risk of errant balls straying onto the road) in accordance with details that have first been submitted to and approved in writing by the local planning authority. Such details shall be the subject of full public consultation with occupants of relevant neighbouring properties prior to any decision being issued. 
Reason - In the interests of the safety of those using the pitches and trying to reclaim errant balls as well as the safety of road users.

Case Officer: | Matthew Parry | DATE: 1.8.18
Checked By: | Bob Duxbury | DATE: 1.8.18