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
Gloucestershire
GL52 8GD

	
Date Registered: 21st October 2015

Proposal:	All Reserved Matters relating to 05/01337/OUT - Parcels D/E for 116 dwellings	
Location:	Longford Park Parcel D And E Phase 3, 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.  05/01337/OUT , 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
	Cherwell District Council	

Certified a true copy
Head of Public Protection & Development Management	

Date of Decision: 11 October 2016		
Head of Public Protection 
& Development Management	
SCHEDULE OF CONDITIONS	

 1	Except where otherwise stipulated by condition on this reserved matters approval or the outline planning permission, the development shall be carried out strictly in accordance with the following plans and drawings:
	40657/001 - Site Location Plan
	40657/005 Rev. K - Site Layout
	40657/006 Rev. H - Street Scenes A-B
	40657/010 Rev. E - P202 (Variation 2)
	40657/011 Rev. B - P302 (Variation 1)
	40657/012 Rev.  B - P302 (Variation 2)
	40657/014 Rev. B - P303 (Variation 1)
	40657/015 Rev. B - P303 (Variation 2)
	40657/016 Rev. B - SW3045 (Variation 1)
	40657/018 Rev. D - P402 (Variation 1)
	40657/019 Rev. D - P402 (Variation 2)
	40657/020 Rev. D - P402 (Variation 3)
	40657/022 Rev. C - P404 (Variation 1)
	40657/023 Rev. C - P404 (Variation 2)
	40657/024 Rev. C - P404 (Variation 3)
	40657/025 Rev. D - PW4008 (Variation 1)
	40657/026 Rev. B - PW4008 (Variation 2)
	40657/027 Rev. B - PW4008 (Variation 3)
	40657/028 Rev. B - P501 (Variation 1)
	40657/029 Rev. B - P501 (Variation 2)
	40657/030 Rev. B - P501 (Variation 3)
	40657/031 Rev. C - SH203 (Variation 1)
	40657/032 Rev. C - SH203 (Variation 2)
	40657/033 Rev. B - SH309 (Variation 1)
	40657/034 Rev. D - SH309 (Variation 2)
	40657/035 Rev. B - SB201 (Variation 1)
	40657/037 Rev. C - P403 (Variation 2)
	40657/038 Rev. B - P403 (Variation 3)
	40657/039 Rev. F - Materials Plan
	40657/040 Rev. H - Boundary Treatment Plan
	40657/041 Rev. C - Private and Affordable Dwellings
	40657/042 Rev. D - Building Heights
	40657/046 Rev. B - SB215 (Variation 1)
	40657/047 Rev. B - SB215 Elevations (Variation 1)
	40657/048 Rev. B - SB215 Elevations (Variation 1)
	40657/058 Rev. D - P503 (Variation 1)
	40657/054 Rev. A - P303 (Variation 5)
	40657/055 Rev. B - P409
	40657/059 Rev. A - P303 (Variation 6)
	40657/060 Rev. A - P303 (Variation 7)
	40657/061 Rev. A - P302 (Variation 4)
	40657/063 - SH203 (Variation 3)
	40657/067 Rev. A - SW3045 (Variation 2)
	40657/068 Rev. A - P403 (Variation 4)
	40657 069 Rev. B - Street Scenes C-E
	40657/070 - Bin and Bike Store
	0120-2_901 Rev. A - Refuse Vehicle Sheet 1
	0120-2-902 - Refuse Vehicle Sheet 2
	
	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	Prior to the commencement of any development shown to be constructed from natural ironstone on the approved materials plans, a natural ironstone sample panel (minimum 1m2 in size) shall be constructed on site which shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of all natural stone buildings/structures within the development shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel. The approved sample panel shall be retained on-site throughout the course of the construction of the relevant natural ironstone development so that it is available for reference at all times. 
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 3	All buildings and structures within the development shall be constructed in accordance with the materials set out in the approved materials plan (ref: 40657/039 Rev. F).  
	
	Reason - To ensure the satisfactory visual appearance of the development in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

 4	Notwithstanding all drawings showing the contrary, all two/three or other multiple light windows included within buildings shall be side-hung balanced casements that are recessed a minimum of 75mm from the wall in which they are situated. 
	
	Reason - To ensure the development responds to established local character in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

 5	No dwelling shall be occupied within the development until the boundary treatments surrounding/enclosing it as shown on the approved boundary treatments plan (ref: 40657/040 Rev. H) have been completed and such boundary treatments shall be retained as such thereafter.
	
	Reason - In the interests of satisfactory levels of amenity for new residents as well as the visual appearance of the development in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1. 

 6	None of plots 001-008 and 017-019 as shown on the approved boundary treatment plan (ref: 40657/040 Rev. H) shall be occupied until the proposed brick screen wall along the southwest boundary of the site has been fully completed in accordance with the details contained with the approved plan. Thereafter the brick screen wall shall be so retained. 
	
	Reason - In the interests of the amenities of existing properties along Oxford Road in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

 7	Prior to first occupation of any of the apartments (plots 056-067 as shown on approved site layout plan), the refuse and cycle storage facilities as shown in drawing no. 40657/070 and in the location shown in drawing no. 40657/005 Rev. K shall be provided and available for use. Such facilities shall be so retained thereafter. 
	
	Reason - In the interests of the appearance of the site and amenities of residents in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

 8	Notwithstanding any approved plan or drawing showing anything to the contrary, all buildings within the development shall feature eaves and verges than finish flush with the external walls of the building on which they relate. No fascia boards or barge boards shall be used on any of the hereby approved buildings. 
	
	Reason - To ensure the development responds to vernacular architectural features of the locality in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

 9	Prior to the commencement of the development hereby approved, full specification details of the estate roads, footways/footpaths, vehicular accesses, driveways and turning areas to serve the dwellings, which shall include construction, layout, surfacing, lighting and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of any of the dwellings, this infrastructure shall be constructed in accordance with the approved details. 
	
	Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

10	No dwelling shall be occupied until the car parking space(s) and garage(s) to serve them as shown on drawing no. 40657/005 Rev. K have been provided and made available for use by the occupants of that dwelling as well as the associated manoeuvring and turning areas. All approved car parking spaces shall be retained at all times thereafter and be kept unobstructed except for the parking and manoeuvring of vehicles. 
	
	Reason - To ensure appropriate levels of car parking are available at all times to serve the development, and to comply with Government guidance contained within the National Planning Policy Framework.

11	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.

12	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.

13	No garage on the site shall be converted to provide additional living accommodation without the prior express planning consent of the Local Planning Authority.
	
	Reason - To ensure that satisfactory provision is made for the parking of vehicles on site and clear of the highway in accordance with Government guidance contained within the National Planning Policy Framework.

14	Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments, no gate, fence, wall or other means of enclosure shall be erected, constructed or placed between the dwelling and the highway without the prior express planning consent of the Local Planning Authority.
	
	Reason - To retain the character of the development and the area in accordance with Policy C28 of the adopted Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

15	No more than 75 dwellings shall be occupied as part of this development until all unallocated visitor car parking spaces as shown in drawing no. 40657/005 Rev. K have been fully laid out and made available for continued public use.
	
	Reason - In the interests of the preventing congestion within the development and to create a satisfactory quality residential environment in accordance with the requirements of Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

16	Prior to the commencement of development, details of bird boxes and bat tubes to be incorporated into the construction of the dwellings within the development shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved dwellings and no dwelling featuring the approved bird boxes/bat tubes shall be occupied until such features are provided. 
		
	Reason - In the interests of taking the opportunity to achieve net gains in biodiversity in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1.

17	Prior to the first occupation of any dwelling within the development, details of all bin collection points within the site shall be submitted to and approved in writing by the local planning authority. Prior to the first occupation of any dwelling with a frontage onto a road not shown to be accessible by a refuse collection vehicle (as demonstrated on drawing nos. 0120-2-901 Rev. A and 0120-2-902), the bin collection point(s) serving that dwelling shall be provided in accordance with the approved details and be retained as such thereafter. 
	
	Reason - In the interests of the residential amenity of future occupants in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1.

18	Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS) and Tree Protection Plan, undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority. Such an AMS shall include, amongst other things, details of the method of working in and around the existing hedgerow that separates Parcel D from Parcel E to ensure that, as far as possible, this hedgerow is retained as part of the development in good health. Thereafter, all works on site shall be carried out in accordance with the approved AMS.
	
	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.

19	Subject to the exception set out in condition 20, the landscape scheme shown in drawing refs: 50137/02-1 Rev. A, 50137/02-2 Rev. A, 50137/02-3 Rev. A, 50137/02-4 Rev. A shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding the hard surfaces), or the most up to date and current British Standard, in the first planting and seeding seasons following the first occupation of the building(s) or on the substantial 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.

20	Notwithstanding the approved landscaping scheme as detailed in condition 19, prior to the first occupation of any of plots 089, 090, 091, 092 or 093 as shown on drawing ref: 40657/005 Rev. K, revised landscaping details relating to the Canal Lane frontage shall be submitted to and approved in writing by the local planning authority. Thereafter the approved landscaping shall be completed on site by the end of the first planting season following the occupation of the first of any of Plots 089, 090, 091, 092 or 093. 
	
	Reason - To ensure that the relationship to the Canal Lane public right of way is appropriate to its character in accordance with the requirements of Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 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 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)

	

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.