Author: SGINN
Last saved by: Matthew Swinford
Company: CHEWELL DISTRICT COUNCIL

Application No : 15/00839/REM

| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

Name and Address of Agent/Applicant :

Bovis Homes Ltd
Cleeve Hall
Bishops Cleeve
Cheltenham
Glos
GL52 8GD

Date Registered : 3rd June 2015
Proposal : | Reserved Matters to 05/01337/OUT - 125 residential units on Parcels D and E
Location : | Longford Park Parcel D And E Phase 3 Longford Park Road Bodicote
Parish(es) : | Bodicote

REFUSAL OF RESERVED MATTERS 

The Cherwell District Council, as Local Planning Authority, hereby REFUSES to approve 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. THE REASONS FOR REFUSAL ARE SET OUT IN THE ATTACHED 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 :  18 January 2016

Head of Public Protection &
Development Management

REASONS FOR REFUSAL

 1	Having regard to the inappropriate location and clustering of backland garages and parking areas; the monotonous and poorly articulated streetscenes; the awkward scale and design detailing of a number of houses along the Spine Road frontage;  the lack of properly defined active spaces within the internal streetscenes; the lack of provision or opportunity for any meaningful soft landscaping within internal streetscenes; as well as the use of a large network of convoluted and poorly surveilled alleyways, the proposed development would result in a poor quality and unattractive residential environment within the site as well as a scheme that fails to create a suitably high quality streetscene along the Spine Road. For this reason the proposals are considered to be contrary to the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policy C28 of the Cherwell Local Plan 1996 as well as Policy H10 of the Non-Statutory Cherwell Local Plan 2011 and Government guidance set out in the National Planning Policy Framework and Planning Practice Guidance.

 2	Having regard to the inconvenient and undesirable location of parking areas, inadequate level of allocated and unallocated off-street car parking spaces to serve a significant number of the proposed dwellings and the lack of provision within the scheme for appropriate mitigatory on-street parking capacity, the proposed development is likely to suffer from unacceptable parking stress with consequent indiscriminate parking occurring throughout the site to the detriment of the quality and attractiveness of the development as well as the amenity enjoyed by its future occupants. Furthermore, consequent unplanned overspill parking occurring along the Spine Road rather than within the site could present an impediment to traffic movements and in turn a safety risk to users of this road. In this respect the proposals are considered to be contrary to the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policy C30 of the Cherwell Local Plan 1996 as well as national policy contained in the National Planning Policy Framework and guidance set out in the Planning Practice Guidance.

 3	As a result of a variety of poor quality relationships between dwellings on the site and poor quality parking arrangements for those dwellings, the proposals would result in Plot Nos. 907-913, 922, 936, 938, 979, 998, 1000 and 1007 providing inadequate quality residential amenity for their future occupants contrary to the requirements of Policy C30 of the Cherwell Local Plan 1996, Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 as well as the core principles of the planning system as set out in paragraph 17 of the National Planning Policy Framework.

ADVISORY NOTES :-

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 tried to work positively and proactively with the applicant/agent during consideration of this application to try to find timely solutions to concerns in an effort to deliver sustainable development. Unfortunately, despite these efforts, the application proposals are not in accordance with the development plan or amount to sustainable development and consent must accordingly be refused.

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.

The District Council, as local planning authority, in deciding to refuse this proposal has taken into account the Environmental Statement submitted with the outline application and the ecological addendum submitted alongisde this application for reserved matters consent as well as any relevant representations made about the likely environmental effects by the public or consultees.

| NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

NOTES TO THE APPLICANT
REFUSAL OF PERMISSION
The Local Planning Authority has refused consent for the reasons set out in the schedule forming part of this notice of refusal.  A further explanation of the reasons for the decision can be found in the planning officer’s report, which can be viewed in Public Access via the council’s web site.
If you wish to examine any of the development plans which set out the Local Planning Authority's policies and proposals for the development and use of land in its area, these are available for inspection on our website, or at the District Council offices, Bodicote House, Bodicote, during normal office hours.
APPEALS TO THE SECRETARY OF STATE
If you are aggrieved by the decision of the Local Planning Authority to refuse the application 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 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 the Local Planning Authority could not have granted permission or approval for the proposed development, 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 refuses planning permission or approval for the development of land, 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 refused 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.