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

	
Name and Address of Agent/Applicant:

Heyford Commercial Developments Limited
c/o Pegasus Group
Mr James Walker
Pegasus House
Querns Business Centre
Whitworth Road
Cirencester
GL7 1RT

	
Date Registered: 26th March 2018

Proposal:	Reserved matters to 10/01642/OUT - Village Centre (North) comprising retail units, B1 Use, 30 residential units, involving the erection of two, three storey buildings, partial demolition and change of use of Building 100 to provide B1 Use and demolition of buildings 101 and 102, plus the formation of vehicle parking and associated landscaping works.	
Location:	Heyford Park, Camp Road, Upper Heyford, Bicester OX25 5HD	
Parish(es):	Upper Heyford		 	

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. 10/01642/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
OX15 4AA		
Date of Decision: 24th July 2018	Jim Newton
Assistant Director for
Planning Policy and Development	
	Checked by:	RD	(Officer initials)	

SCHEDULE OF CONDITIONS	

 1	Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents:
	o	Application forms
	o	Planning Statement with Affordable Housing Statement;
	o	Design and Access Statement;
	o	Flood Risk Assessment (including appendices A-E); and
	o	Arboricultural Impact Assessment & Tree Condition Survey;
	
	o	Site Location Plan EDC05-GA-100-J
	o	Proposed Site Layout CD2316_CRD-01-00-DR-A-00901_S2-P3
	o	Proposed Western Car Park Layout CD2316_CRD-00-ZZ-DR-A-00910_S2-P3
	o	Demolitions Plan - Application Site CD2316_CRD-00-ZZ-DR-A-01000_S2-P4
	o	Building 101 + 102 - Existing Ground Floor Plan CD2316_CRD-01-ZZ-DR-A-00930_S2-P4
	o	Building 101 + 102 - Existing Roof Plan CD2316_CRD-01-R1-DR-A-00931_S2-P4
	o	Building 101 + 102 - Existing Elevations CD2316_CRD-01-ZZ-DR-A-01210_S2-P5
	o	Building 101 + 102 - Demolitions Plan - Ground Floor CD2316_CRD-01-00-DR-A-00950_S2-P4
	o	Building 101 + 102 - Demolition Plan - Roof CD2316_CRD-01-R1-DR-A-00951_S2-P4
	o	Building 100 - Existing Ground Floor Plan CD2316_CRD-01-00-DR-A-00920_S2-P4
	o	Building 100 - Existing Roof Plan CD2316_CRD-01-R1-DR-A-00921_S2-P4
	o	Building 100 - Existing Elevations CD2316_CRD-01-ZZ-DR-A-01200_S2-P5
	o	Building 100 - Demolitions Plan - Ground Floor CD2316_CRD-01-00-DR-A-00940_S2-P4
	o	Building 100 - Demolition Plans - Roof CD2316_CRD-01-R1-DR-A-00941_S2-P4
	o	Building 100 - Proposed Ground Floor Plan CD2316_CRD-01-00-DR-A-01025_S2-P4
	o	Building 100 - Proposed Roof Plan CD2316_CRD-01-R1-DR-A-01026_S2-P4
	o	Building 100 - Proposed Elevations CD2316_CRD-01-ZZ-DR-A-01220_S2-P5
	o	Block A + B (North) - Proposed Floor Plan CD2316_CRD-00-ZZ-DR-A-01030_S2-P9
	o	Block A + B (North) - Proposed Elevations CD2316_CRD-00-ZZ-DR-A-01230_S2-P3
	o	Typical Bin Store Specification (EDC39-SK-100-B- RDG).
	o	Proposed Tracking Layout HEYF-5-225 B
	o	Proposed Engineering Layout HEYF-5-225 C
	o	Trident Road S38 Layout HEYF-5-1007 F
		
	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 the development, with the exception of demolition, site clearance and preparation hereby approved, a schedule of materials and finishes for the external walls and, roofs of the development hereby approved together with samples of the brick, slate, and cladding to be used in the construction of the walls/roof of the development 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 schedule.
		 
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 3	Prior to the commencement of the development, with the exception of demolition, site clearance and preparation, full details of the doors and windows hereby approved, at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to an approved in writing by the Local Planning Authority. Thereafter the doors and windows shall be installed within the building in accordance with the approved details.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 4	Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works seek to minimise the effect on residential properties adjacent to or surrounding the site together with details of the consultation and communication to be carried out with local residents shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved CEMP.
			
	Reason - To ensure the environment is protected during construction in accordance with Policy ENV1 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 5	All plant, machinery, mechanical ventilation equipment and ducting including air conditioning, 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 unless otherwise agreed with the Local Planning Authority.
			
	Reason - In the interest of visual and residential amenity, and in order to safeguard the amenities of the area and to minimise the risk of a nuisance arising from smells in accordance with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 6	If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.
				
	Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy ENV12 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 7	With the exception of newspaper/periodicals deliveries and post, no deliveries, waste collections or other noisy external activities likely to cause nuisance to nearby residents shall take place before 0700 or after 2100 Monday to Friday, before 07.00 or after 18.00 on Saturdays or before 0900 hours or after 1500 hours on Sundays and bank holidays. When deliveries are taking place current best practice shall be observed to minimise the potential of noise disturbance.
	
	Reason - 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.

 8	Prior to the commencement of the development hereby approved, with the exception of demolition, site clearance and preparation, a landscaping scheme 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 hard surface areas, including pavements, pedestrian areas, reduced-dig areas, crossing points and steps.
				
	(c)	full design details of the railings, means of enclosures, seats, bollards, tree grills, cycle hoops and any other street furniture . 
			
	(d)	a landscape management plan, to include the timing of the implementation of the plan, design objectives, management responsibilities, maintenance schedules and procedures for the replacement of failed planting for all landscape areas,
			
		Thereafter the landscape scheme shall be carried out in accordance with the approved details.

	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.

 9	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.

10	Prior to the commencement of the development, with the exception of demolition, site clearance and preparation hereby approved, full details of all service trenches, pipe runs or drains and any other excavation, earth movement or mounding required in connection with the development, including the identification and location of all existing and proposed trees, shrubs and hedgerows within influencing distance of such services, 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 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.

11	All agreed service trenches, pipe runs, drains or any other excavation to be constructed within the agreed Root Protection Area (RPA) of the tree/trees on the site shall be undertaken in accordance with National Joint Utility Group 'Guidelines for the Planning, Installation and Maintenance of Utility apparatus in Proximity to Trees - Volume 4 and all subsequent revisions and amendments thereof.
			
	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.

12	Prior to the commencement of the development, with the exception of demolition, site clearance and preparation 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.

13	The development hereby approved shall be carried out strictly in accordance with the recommendations and specifications set out in the Arboricultural Method Statement (AMS) and the Tree Protection Plan prepared by Ruskins Tree Consultancy dated March 2018.
	
	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.

14	Prior to the commencement of the development, with the exception of demolition, site clearance and preparation hereby approved, full details of the means of access between the land and the highway, 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

15	Prior to occupation of the development hereby approved, a Car Park Management Plan, including measures to protect the proposed car parking from long stay residential parking, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the Management Plan shall be implemented in accordance with the approved details.
			
	Reason: In the interests of road safety and to prevent obstruction of the highway and public areas by inappropriate overspill parking.

16	Prior to the commencement of the development hereby approved, a full Construction Traffic Management Plan (CTMP) will be submitted to and approved in writing by the Local Planning Authority, including:
	o	Routing of construction traffic and delivery vehicles, and details of route signage
	o	Details of any road closures and traffic management needed during construction.
	o	Details of wheel wash facilities to be provided to prevent migration of mud onto highway
	o	Details of appropriate signing for pedestrians during construction works, including any footpath diversions. 
	o	Details of a regime to inspect and maintain all signing, barriers etc. 
	o	The use of appropriately trained, qualified and certificated banksmen for guiding vehicles/unloading etc. 
	o	Details of parking of site related vehicles (worker transport etc.) in the vicinity 
	o	Layout plan of the site that shows structures, roads, site storage, parking, compound, pedestrian routes etc.
	o	A before-work commencement highway condition survey and agreement with a representative of the Highway Authority
	o	A communications plan for engagement with local residents
	o	Any temporary access arrangements as agreed with Highway Authority
	o	Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak hours.
		
	Reason - In the interests of highway safety and to safeguard the amenities of the occupants of the adjacent dwellings during the construction period and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

17	Prior to the first use of any new public footpath, the new footpath shall be formed, constructed, surfaced, laid and marked out, drained and completed in accordance with specification details which shall be firstly submitted to and approved in writing by the Local Planning Authority. 
			
	Reason- In the interests of highway safety and public amenity and to comply with Government guidance contained within the National Planning Policy Framework.

18	Prior to the first use or occupation of the development hereby permitted and notwithstanding details submitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority.  Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.
	
	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.

19	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 of the area in accordance with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

20	Prior to occupation of any of the development hereby approved, and with the exception of adopted highway street lighting, full details of any proposed external lighting shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the lighting shall be carried out and retained in accordance with the approved details.
			
	Reason  To ensure the satisfactory appearance of the completed 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	Closure of Public Highway
		
	If the permission hereby given requires work within the public highway, the applicant is advised that he/she should not commence such work before formal consent is secured from the Highway Authority by way of either (a)  a Section 184 Highways Act 1980 notice, or  (b)  the completion of a formal agreement between the applicant and the Highway Authority.  Details of the form of both a) and b) above may be obtained direct from Oxford County Council, the Highway Authority on  Tel. (01865) 844300.

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

 4	A stopping up order will be required in connection to build on or remove from public highway any land that it is within the existing highway boundary. This probably refers only to land on the north side of the proposed realigned Camp Road, which is outside the red line area of this application.
		
	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

 5	The County Archaeologist has indicated that the proposal does not appear to directly affect any presently known archaeological sites.  However, the County Council's records do show the presence of known archaeological finds nearby and this should be borne in mind by the applicant.  If archaeological finds do occur during development, the applicant is requested to notify the County Archaeologist in order that he may make a site visit or otherwise advise as necessary.  Please contact : County Archaeologist, Department of Leisure and Arts, Oxfordshire County Council, Central Library, Westgate, Oxford, OX1 1DJ (Telephone 01865 815749).

 6	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.

 7	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.

 8	Before the development hereby approved is occupied, the applicant shall submit in writing to the Local Planning Authority a landscape mitigation strategy to compensate for the loss of mature trees from the site and to act as guide for the future masterplan of Heyford Park.

STATEMENT OF ENGAGEMENT

In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) 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.