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

	
Name and Address of Agent/Applicant:

Heyford Park Estates Limited
c/o Pegasus Group
Mrs Amanda Stobbs
Pegasus House
Querns Business Centre
Whitworth Road
Cirencester
GL7 1RT

	

	
Date Registered: 4th August 2016

Proposal:	Change of use of Building 103 to A Heritage Centre (Use Class D1) and Building 315 for storage and distribution (Use Class B8) and associated works.

	
Location:	103 & 315 Heyford Park, Camp Road, Upper Heyford, Bicester
OX25 5HA

Parish(es):	 Upper Heyford		 	

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	
Cherwell District Council	

Certified a true copy
Head of Public Protection & Development Management	

		

Date of Decision: 14th October 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 application shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement and drawings numbered:
	D0341 -107 Site Location Plan
	6002.02.D Proposed Arrangement(Building 103)
	UPP/85/315/AB1 Floor Plan (Building 315)
	
	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	That prior to the commencement of the development hereby approved, an access phasing strategy shall be submitted to and approved in writing by the Local Planning Authority, showing the transition of the access to the site in accordance with the long term strategy for the site. 
				
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework

 4	Unless otherwise previously agreed in writing, the development shall be undertaken in accordance with the routing agreement approved under schedule 20 of the Unilateral Undertaking dated 23rd January 2009.
			
	Reason. To limit the number of journeys by private motor car and reduce the pressure for car parking in the locality.

 5	No part of the development shall be commenced until a detailed green travel plan, prepared in accordance with the Department of Transport's Best Practice Guidance Note "Using the planning process to secure travel plans" and the emerging Oxfordshire County Council guidance on Developer Travel Plans, including an HGV routeing agreement, has been submitted to and approved in writing by the Local Planning Authority.
				
	Reason - In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework.

 6	This permission shall exclude the details of parking layout shown on the submitted drawings and:
	(i)	within 3 months of the date of this permission a revised plan showing car and lorry parking provision for vehicles to be accommodated within the site of Building 315 together with any areas for manoeuvring together with a tracking plan for large vehicles, has been submitted to and approved in writing by the Local Planning and such parking and manoeuvring facilities shall be laid out, surfaced, drained and completed in accordance with the approved plan before Building 315 is brought into use.. The parking spaces shall be retained for the parking of vehicles at all times thereafter.
	(ii)	And before Building 103 is brought into use, a revised plan showing car and coach parking provision for vehicles to be accommodated together with any areas for manoeuvring, shall be submitted to and approved in writing by the Local Planning Authority and such parking and manoeuvring facilities shall be laid out, surfaced, drained and completed in accordance with the approved plan before building 103 is brought into use. The parking spaces shall be retained for the parking of vehicles at all times thereafter.

	Reason - In the interests of highway safety, to ensure the provision of satisfactory car parking, to ensure the development is in keeping with and conserves the special character of this part of the Conservation Area in accordance with Policy C23 and C28 of the adopted Cherwell Local Plan, and to comply with Government guidance contained within the National Planning Policy Framework

 7	(i) Within 3 months of the date of this permission, details of the provision of covered cycle parking facilities for use in association with Building 315 shall be submitted to the Local Planning Authority and shall be implemented in accordance with the approved details within 3 months of their approval. .  
	(ii) Prior to Building 103 being brought into use, details of the provision of covered cycle parking facilities shall be submitted to and approved in writing by the Local Planning Authority and provided in accordance with the details approved. (iii) The covered cycle parking facilities so provided for Building 315 and Building 103 shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.
		
	Reason - In the interests of sustainability and to ensure a satisfactory form of development, and to comply with Government guidance contained within the National Planning Policy Framework.

 8	All new works and works of making good to Building 103 shall be carried out in materials and detailed to match the adjoining original fabric except where shown otherwise on the approved drawings.
				
	Reason - To ensure that the completed development is in keeping with and conserves the special character of the existing historic building and to comply with Policy C18 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 9	All plant, machinery, mechanical ventilation equipment and ducting, other than that shown on the approved plans, shall be installed internally. No other plant, machinery, mechanical ventilation equipment, flues or ducting shall be placed on the outside of the building without the prior written permission of the Local Planning Authority.
				
	Reason: In the interest of visual and residential amenity.

10	Prior to Building 315 being brought into use, a scheme shall be submitted to and approved in writing by the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the building or its adjacent service area.
			
	Reason - Due to the proximity of building 315 to residential development, to ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

11	That no goods, materials, plant or machinery shall be stored repaired, operated or displayed in the open without the prior express planning consent of the Local Planning Authority.
						
	Reason - In order to safeguard the visual amenities, character and appearance of the conservation area in accordance with Policy C23 and C28 of the adopted Cherwell Local Plan.

12	(i) Within 3 months of the date of this permission, details of screened provision for the storage of refuse and recycling facilities for use in association with Building 315 shall be submitted to the Local Planning Authority and shall be implemented in accordance with the approved details within 3 months of their approval.
	(ii) Prior to Building 103 being brought into use, details of screened provision for the storage of refuse and recycling facilities shall be first submitted to and approved in writing by the Local Planning Authority and shall be provided in accordance with the details approved. 
	Thereafter the refuse and recycling facilities for Building 315 and Building 103 shall be retained solely for their intended purpose and refuse and recycling items shall be placed and stored only in these storage areas. 
						
	Reason - In order to safeguard the visual amenities, character and appearance of the conservation area in accordance with Policy C23 and C28 of the adopted Cherwell Local Plan.

13	Details of any proposed external lighting shall be provided before it is erected on either building. The development shall be undertaken in accordance with the details as approved 
							
	Reason - In order to safeguard the visual amenities, character and appearance of the conservation area in accordance with Policy C23 and C28 of the adopted Cherwell Local Plan.

14	No signs or advertisements shall be erected on either building unless a signage strategy has previously been submitted to and agreed in writing with the Local Planning Authority. Any proposed signage shall comply with the terms of the signage strategy
						
	Reason - In order to safeguard the visual amenities, character and appearance of the conservation area in accordance with Policy C23 and C28 of the adopted Cherwell Local Plan.

15	Prior to commencement of development, a landscaping scheme for Building 103 and its curtilage 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 and Government guidance contained within the National Planning Policy Framework.

16	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, 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.

					  PLANNING NOTES

 1	The Applicant is reminded that the premises should be made accessible to all disabled people, not just wheelchair users, in accordance with the provisions contained within the Disability Discrimination Act 1995.  This may be achieved by following recommendations set out in British Standard BS 8300: 2001 - "Design of buildings and their approaches to meet the needs of disabled people - Code of Practice", or where other codes may supersede or improve access provision.  Where Building Regulations apply, provision of access for disabled people to the premises will be required in accordance with Approved Document M to the Building Regulations (2004) - "Access to and use of Buildings", or codes which contain provisions which are equal to or exceed those provisions contained within Approved Document M.

 2	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 0300 060 2501.

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 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.