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

	
Name and Address of Agent/Applicant:

Albion Land Ltd
c/o Miss Hannah Smith
Quod Ltd
Park House
Park Square West
Leeds
West Yorkshire
LS1 2PW

	
Date Registered: 5th June 2015

Proposal:	OUTLINE - Development of up to 48,308sqm of employment floorspace (Class B1c, B2, B8 and ancillary B1a uses), the siting of buildings to the south of the site, servicing and circulation areas, vehicular and pedestrian access from Skimmingdish Lane and landscaping 	
Location:	Land North East Of, Skimmingdish Lane, Launton, Oxfordshire  	
Parish(es):	Launton		 	

OUTLINE PERMISSION FOR DEVELOPMENT SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby GRANTS outline 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: 6th May 2016	
Head of Public Protection
& Development Management	

SCHEDULE OF CONDITIONS	

 1	No development shall commence for any phase of development until full details of the layout, scale, appearance and landscaping (hereafter referred to as reserved matters) relevant to that phase of development (as approved under conditon 3) have been submitted to and approved in writing by the Local Planning Authority.
	
	Reason - This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 4 of the Town and Country Planning (General Development Procedure) Order 2010 (as amended). 

 2	 Prior to the commencement of development hereby approved, a phasing plan covering the entire site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter each reserved matters application shall refer to a phase, phases, or part thereof identified in the phasing plan.
	
	Reason: To ensure the proper phased implementation of the development and associated infrastructure in accordance with Government guidance contained within the National Planning Policy Framework.

 3	In the case of the reserved matters, application for approval shall be made not later than the expiration of three years beginning with the date of this permission. 
		
	Reason:This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 4 of the Town and Country Planning (General Development Procedure) Order 2010 (as amended). 

 4	The development to which this permission relates shall be begun not later than the expiration of two 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. 
	
	Reason - This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 4 of the Town and Country Planning (General Development Procedure) Order 2010 (as amended). 

 5	The reserved matters to be submitted under Condition 1 shall be in accordance with the following approved plans: 
•	Development Area and Building Zone 3830-25-23 
•	Access and Circulation 3830-28-09 
•	Siting Plan 3830-30-06 
•	Site Levels and Building Heights 3830-29-11 
•	Landscape Parameters Plan FR14-228L01F 
	
	The following matters are approved in detail as part of this outline permission:
	(i)	The means of access to the new development
	And except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following drawings: 15230-07 Rev B or 15230-08 Rev B.
		
	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. 

 6	Prior to the commencement of any building works a scheme to provide level for level floodplain compensation up to and including the 1% annual probability (1 in 100) flood with an appropriate allowance for climate change shall first be submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
		
	Reason: To avoid increasing flood risk to areas downstream on the Langford Brook.

 7	Finished floor levels shall be set at a minimum of 71.00m AOD
		
	Reason: To ensure that future occupants of the site are kept safe and the proposed buildings are not at unacceptable flood risk.

 8	No development shall take place until a scheme for the provision and management of a 20 metre wide buffer zone in those areas where the application boundary adjoins the Langford Brook has been submitted to and agreed in writing by the local planning authority. 
	Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority. 
	The scheme shall show the buffer zone as being free from above ground built development including lighting and formal landscaping. 
	The schemes shall include: 
•	plans showing the extent and layout of the buffer zone 
•	details of any proposed planting scheme (for example, native species) 
•	details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan 
•	details of any proposed footpaths, fencing, lighting etc. 
		
	Reason: Development that encroaches on watercourses has a potentially severe impact on their ecological value. Land alongside watercourses is particularly valuable for wildlife and it is essential this is protected.

 9	The development hereby approved shall not be commenced until such time as a site wide strategy detailing surface water drainage arrangements, and allowing for its phased implementation, has been submitted to, and approved by, the Local Planning Authority. The strategy shall be fully implemented and subsequently maintained in accordance with the timing/phasing arrangements embodied within the strategy, or within any other period as may subsequently be agreed with the Local Planning Authority. A detailed drainage scheme relating to any phase of the development, in general accordance with the strategy hereby approved, shall subsequently be submitted to and approved in writing by the Local Planning Authority and shall be completed prior to the commencement of the relevant phase. The scheme shall include: 
•	Discharge Rates 
•	Discharge Volumes 
•	Maintenance and management of SUDS features
•	Sizing of features - attenuation volume 
•	Infiltration tests to be undertaken in accordance with BRE365 
•	Detailed drainage layout with pipe numbers 
•	SUDS 
•	Network drainage calculations 

	Reason - To ensure satisfactory drainage of the site in the interests of public health, to avoid flooding of adjacent land and property and to comply with Government guidance contained within the National Planning Policy Framework.
	
10	Prior to the commencement of the development (except for any ground investigation or survey works), details of the required highway improvement works, listed below, shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority: 
	
•	New signalised pedestrian crossing on Skimmingdish Lane; 
•	Footway widening along Skimmingdish Lane; 
•	Provision of Bus stop laybys on Skimmingdish Lane between the site access and the adjacent roundabout to the south east; and 
•	Works to the Skimmingdish Lane / Launton Road Roundabout 
	
	The works shall be carried out prior to any building being brought into use.
	
	Reason - In the interest of highway safety. 

11	The development shall be undertaken in accordance with the framework travel plan dated 6th April 2016 by David Tucker Associates. The travel plan shall be implemented in accordance with the details approved. 
	
	Reason - In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government guidance contained within the National Planning Policy Framework.

12	Prior to the occupation of any relevant building a Travel Plan relating to that building and in general accordance with the Framework Travel Plan hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall be implemented prior to the occupation of the relevant building. 
	
	Reason - In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government guidance contained within the National Planning Policy Framework.

13	Prior to the commencement of any development hereby approved, full details of the means of access between the land and the highway and associated pedestrian and cycle access improvements including; position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the means of access shall be constructed and retained in accordance with the approved details. 
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework. 

14	Prior to the commencement of any relevant building full specification details (including construction, layout, surfacing and drainage) of the parking, manoeuvring areas and access to the highway associated with that building shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the relevant building the parking and manoeuvring areas for that building shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter. 
	            
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

15	Prior to the commencement of the development hereby approved, a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority. 
		
	Reason - To safeguard the recording and inspection of matters of archaeological importance on the site in accordance with Government guidance contained within the National Planning Policy Framework.

16	Following the approval of the Written Scheme of Investigation referred to in condition 14 and prior to the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority. 
		
	Reason - To safeguard the identification, recording, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with the NPPF

17	Prior to the commencement of the development hereby approved or  any works of site clearance, a Construction Environmental Management Plan (CEMP), which shall include details of the measures to be taken to ensure that construction works do not adversely affect biodiversity, 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 CEMP. 
		
	Reason -To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

18	Prior to the commencement of development hereby approved, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the LEMP shall be carried out in accordance with the approved details. 
		
	Reason -To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. and to conserve and enhance biodiversity and prevent the spread of non-native species in accordance with Government guidance contained within the National Planning Policy Framework.

19	No removal of hedgerows, trees or shrubs shall take place between the 1st March and 31st August inclusive, unless the Local Planning Authority has confirmed in writing that such works can proceed, based on health and safety reasons in the case of a dangerous tree, or the submission of a recent survey (no older than one month) that has been undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site. 
			
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

20	Prior to the commencement of the development hereby approved or any works of site clearance, a mitigation strategy for badgers, which shall include details of a recent survey (no older than six months), whether a development licence is required and the location and timing of the provision of any protective fencing around setts/commuting routes, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.
			
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

21	Prior to the commencement of the development hereby approved or any works of site clearance, a reptile survey (which shall be in accordance with best practice guidelines) shall be carried out, and the findings, including a mitigation strategy if required, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, all works of mitigation shall be carried out in accordance with the approved details.
			
	Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

22	Prior to commencement of any phase of the development herby approved, an Arboricultural Method Statement (AMS) for that relevant phase of the scheme shall be undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions. The relevant AMS shall be submitted to and approved by the Local Planning Authority (CDC) prior to the commencement of that  part of the development. Thereafter, all works on site and  in that specific phase 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.

23	Prior to the occupation of the development hereby approved details of the acoustic screening to be provided between the development and the existing care home on the south western edge of the development site shall be first submitted and approved in writing with the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of the development. 
		
	Reason - to protect the amenity of nearby receptors.

24	Prior to the occupation of any relevant building  an Employment & Skills Plan (ESP) setting out measures to encourage training and employment opportunities for local people during the construction of the development shall first be submitted to and approved in writing with the Local Planning Authority. The ESP shall be implemented in accordance with the approved details. 
			
	Reason - to encourage the employment of local people and encourage sustainable patters of commuting.

25	Prior to the occupation of any building herby permitted, a scheme for the provision of public art shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.
				
	Reason - In the interests of the visual amenity of the area and to comply with Policy Bicester 11 of the adopted Cherwell Local Plan and the Council's Policy on Public Art:
	http://www.cherwell.gov.uk/media/pdf/s/n/ADOPTED_PUBLIC_ART_POLICY.pdf

PLANNING NOTES 

 1	STATEMENT OF ENGAGEMENT
	
	In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), the Council has worked positively and proactively to determine this application in an efficient manner having worked with the applicant/agent where necessary to resolve any concerns that have arisen during consideration of the application in the interests of achieving more appropriate and sustainable development proposals. Consent has been granted accordingly.

 2	Under the terms of the Water Resources Act 1991, and the Thames Region Land Drainage Byelaws 1981 , prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of the Langford Brook, designated a 'main river'.

 3	Please note the Advance Payments Code (APC), Sections 219 -225 of the Highways Act, is in force in the county to ensure financial security from the developer to off-set the frontage owners' liability for private street works, typically in the form of a cash deposit or bond. Should a developer wish for a street or estate to remain private then to secure exemption from the APC procedure a 'Private Road Agreement' must be entered into with the County Council to protect the interests of prospective frontage owners. For guidance and information on road adoptions etc. please contact the County's Road Agreements Team on 01865 815700 or email roadagreements@oxfordshire.gov.uk

 4	No development shall take place across any public footpath/right of way unless and until it has been legally stopped up or diverted.

 5	In the submission of reserved matter details for approval, a particularly high standard of architectural design in the external appearance of the buildings is expected in view of the prominence of the site and its proximity to RAF Bicester Conservation Area

 6	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.

 7	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.

 8	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.

	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 considering work on site.

•	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 0030 201 or E-mail at building.control@cherwellandsouthnorthants.gov.uk

•	The need to obtain an appropriate Order if the proposal involves the stopping up or diversion of a public footpath.

•	The need to obtain a separate "Listed Building Consent" for the demolition, alteration or extension of any listed building of architectural or historic interest.

•	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. 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 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.