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

	
Name and Address of Agent/Applicant:

Oxford Technology Park Ltd
c/o Hill Street Holdings Ltd
Miss Lauren Bates
Unit 3 Knowles Farm
Wycke Hill
Maldon
CM9 6SH

	

	
Date Registered: 10th March 2017

Proposal:	Variation of conditions 1, 2, 3, 5, 7, 9 and 21 of 14/02067/OUT to enable proper phasing of the development

	
Location:	Land East Of Evenlode Crescent And South Of, Langford Lane, Kidlington, 
	
Parish(es):	 Kidlington		 	

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	

		

Date of Decision: 5th June 2017	Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	Before any phase of development is commenced, full details of the siting, design, layout and external appearance of all buildings, landscaping and all means of access (hereafter referred to as reserved matters) for that phase shall be 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 5(1) of the Town and Country Planning (Development Management Procedure)(England) Order 2015.

 2	In the case of the reserved matters, any application for approval shall be made not later than the expiration of three years beginning 10th October 2016.
	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 5(1) of the Town and Country Planning (Development Management Procedure)(England) Order 2015.

 3	The development to which this permission relates shall be begun no later than the expiration of two years from the final approval of the reserved matters applications or, in the case of approval on different dates, the final approval of the last reserved matters application 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 5(1) of the Town and Country Planning (Development Management Procedure)(England) Order 2015.

 4	Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the Site Location Plan (130451001) and the following documents:
	o	Oxford Technology Park - The Compelling Case (Parts 1 & 2)
	o	Transport Assessment produced by Peter Brett (December 2014)
	o	Transport Note TN004 produced by Peter Brett (31/03/15)
	o	Framework Travel Plan produced by Peter Brett (September 2014)
	o	Updated Phase 1 Habitat Survey produced by Southern Ecological Solutions (December 2014)
	o	Engineering Appraisal produced by Haydn Evans Consulting (November 2013)
	o	Flood Risk Assessment and Drainage Strategy produced by Baynham Mieke partnership (October 2012) updated by email dated 17 April 2015
	o	Noise Impact Assessment produced by Peter Brett (December 2014)
	o	Air Quality Screening Assessment produced by Peter Brett (December 2014)
	Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and in accordance with Government guidance contained within the National Planning Policy Framework.

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

 6	Prior to the commencement of development on site the means of access between the land and the highway shall be constructed to base course in accordance with approved details as shown on drawing no. 12076/622C and 12076/623B and used as such during the initial construction phase. Prior to the first occupation on site, the access scheme shall be completed 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.

 7	Prior to the commencement of each phase of development hereby approved, detailed access and circulation specifications for that phase of development shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application for that phase. Thereafter and prior to the first occupation of each approved phase of development, the access and circulation, parking and manoeuvring areas shall be provided on site in accordance with the approved details for that phase of development. Parking and manoeuvring areas 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.

 8	Prior to the first occupation of the development hereby approved, a Framework Travel Plan, prepared in accordance with Oxfordshire County Council's Guidance on Transport Assessment and Travel Plans, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved Framework Travel Plan shall be implemented and operated 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.

 9	Prior to the commencement of any phase of development a Construction Traffic Management Plan for that phase of development must be submitted to and approved in writing by the Local Planning Authority.
	Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

10	Before the development is completed the surface water drainage scheme shall be implemented in accordance with Flood Risk and Drainage Strategy ref. NSB/12076 dated February 2015 and Engineering Appraisal ref. 159/017 dated November 2013 and Suds Maintenance Plan ref. GL12076 dated February 2017.
	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 and Policy ENV1 of the Cherwell Local Plan 1996.

11	The drainage strategy detailing and any on and/or off site drainage works shall be implemented in accordance with Flood Risk and Drainage Strategy ref. NSB/12076 dated February 2015 and Engineering Appraisal ref. 159/017 dated November 2013 and Suds Maintenance Plan ref. GL12076 dated February 2017. No discharge of foul or surface water from the site shall be accepted into the public system until the approved drainage works have been completed.
	Reason: The development may lead to sewage flooding: to ensure that sufficient capacity is made available to cope with the new development: and in order to avoid adverse environmental impact upon the community. Also to ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem as well as minimising the risk of pollution in accordance with Government guidance contained within the National Planning Policy Framework.

12	The development shall be implemented in accordance the approved Air Quality Impact Assessment dated November 2016 and condition letter ref. 23558/GH/AA dated 8th February 2017.
	Reason: In order to safeguard the amenities of the area and to comply with Policy ENV1 of the Cherwell Local Plan 1996.

13	The levels of noise emitted by fixed plant and equipment operated on the site shall not exceed the levels set out in table 7.1 of the Noise Assessment Report produced by Peter Brett and dated December 2014.
	Reason: In order to safeguard the amenities of the area and to comply with Policy ENV1 of the Cherwell Local Plan 1996.

14	The development shall carried out in accordance with the approved reptile method statement details ref. 8939_MS_APPR_12 10 16.docx dated 12th October 2016.
	Reason: To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1.

15	The development shall be implemented in accordance with approved biodiversity enhancement measures ref. 8939_EMP_APPR_02 02 2017.docx dated 2nd February 2017. Thereafter the biodiversity measures shall be retained 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 ESD10 of the Cherwell Local Plan 2011-2031 Part 1.

16	A full technical safeguarding study shall be undertaken, to assess the effects of the development on London Oxford Airport's navigation aids and radar equipment and shall be submitted as part of the first reserved matters application.
	Reason: To ensure that the development does not unduly affect navigation and radar equipment at London Oxford Airport and to comply with Government guidance contained within the National Planning Policy Framework.

17	The development shall be implemented in accordance with the approved bird control management plan dated 14th March 2017.
	Reason: To ensure that the development does not unduly affect operations at London Oxford Airport and to comply with Government guidance contained within the National Planning Policy Framework.

18	No external lights/floodlights shall be erected on the land without the prior express consent of the Local Planning Authority.
	Reason: To ensure that the development does not unduly affect operations at London Oxford Airport and in order to safeguard the amenities of the area and to comply with Government guidance contained within the National Planning Policy Framework and Policy ENV1 of the Cherwell Local Plan 1996.

19	The development hereby permitted shall be constructed to meet at least BREEAM 'Very Good' standard.
	Reason: In order to comply with Policy ESD3 (Sustainable Construction) of the Cherwell Local Plan 2011-2031 Part 1.

20	The floorspace hereby approved is permitted to be used for uses in classes B1 and B2 of the Town and Country Planning (Use Classes) Order 1987. Uses in Class B8 of the Town and Country Planning (Use Classes) Order 1987 are also permitted but only where they are ancillary to the function of an individual Class B1 or B2 operation.
	Reason: This permission is only granted in view of the very special circumstances and needs of the applicant, which are sufficient to justify overriding normal planning policy considerations which would normally lead to a refusal of planning permission and to comply with Policies Kidlington 1 and ESD 14 of the Cherwell Local Plan 2011-2031 Part 1 and Government Guidance contained within the National Planning Policy Framework. 

					  PLANNING NOTES

 1	The applicant's attention is drawn to the need to comply with the S106 Planning Obligation attached to the original Outline planning consent ref. 14/02067/OUT

 2	In respect of condition 7, the car parking standards to be used across all phases of development on site are:
	
	B1 uses: Car parking to be provided at a ratio of 1 space per 30sqm GFA
	B2 uses: Car parking to be provided at a ratio of 1 space per 50 sqm GFA
	B8 use: Car parking to be provided at a ratio of 1 space per 200sqm GFA
	
	Cycle parking is to be provided across the development according to the following standards:
	
	B1 uses: Long stay/employees at 1 stand per 150sqm GFA. Visitors at 1 stand per 500 sqm GFA
	B2 uses: Long stay/employees at 1 stand per 350sqm GFA. Visitors at 1 stand per 500sqm GFA
	B8 uses: Long stay/employees at 1 stand per 500sqm. Visitors at 1 stand per 1,000 sqm GFA

 3	Any trees planted must be of a species not likely to attract large numbers of birds, including berry-bearing species and those likely to grow over 15 metres in height which may encourage rookery.

 4	The applicant shall draw to the attention of the Local Planning Authority the presence of any unsuspected contamination encountered during development. In the event of contamination to land, water or environment being encountered, no development shall continue until a programme for investigation and/or remedial work, to be performed by a competent person has been submitted in writing and approved by the Local Planning Authority. No part of the development shall be occupied until remedial, monitoring and certification of works have been undertaken and remediation and validation reports submitted to and approved by the Local Planning Authority. For further information please contact the Council's Environmental Protection Officer.

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 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.