Title: Godswell Park, Bloxham
Author: Rebecca Horley
Last saved by: Maria Philpott
Company: Cherwell District Council

Bicester Heritage
Buckingham Road
Bicester

17/02312/F

Case Officer: | Maria Philpott | Recommendation: Approve
Applicant: | Bicester Heritage
Proposal: | Variation of Condition 14 of 16/01805/F - For Buildings 131 and 135 only.
Expiry Date:	16 February 2018

1.	APPLICATION SITE AND LOCALITY 

1.1.	The application site comprises the former RAF Bicester Airfield which is located to the north of Bicester on the outskirts of the town centre.  The site is now occupied by Bicester Heritage, a company specialising in historic motoring and aviation.  The site occupied by Bicester Heritage comprises the main technical site area (where the majority of the buildings are located) and the flying field which extends to the north and east of the main technical site area.  For the purposes of this application, the site area and red line just relates to the main technical area and does not include any other part of the site.
1.2.	The whole of the site (including the flying field) is designated as a conservation area and the majority of the buildings within the main technical area are listed (Grade 2).  There are also a number of Scheduled Ancient Monuments located on the edges of the flying field and within the main technical site area.  Vehicular and pedestrian access to the site is gained just north of the roundabout on Buckingham Road.  There are residential properties located to the west and south-west of the site.
1.3.	This application specifically relates to buildings 131 and 135 which are located well into the main technical site area and therefore not visible from any outside vantage points.
2.	CONSTRAINTS 
2.1    The following constraints relate to the site: 
•	The site is located within the Conservation Area of RAF Bicester;
•	Buildings 131 and 135 are Grade 2 listed;
•	The majority of the other buildings on the site are either Grade 2 listed or locally listed;
•	There are a number of Scheduled Ancient Monuments located within the main technical site area;
•	There is a Site of Special Scientific Interest (SSSI) within 2km of the site (the quarry to the north); 
•	There is a District Wildlife Site to the south of the site on the opposite side of Skimmingdish Lane;
•	Much of the adjoining airfield is allocated as a Local Wildlife Site;
•	The site is bordered to the south by the A4421 Skimmingdish Lane and to the west by the Buckingham Road;
•	There are residential properties to the south, south-west and west of the site (opposite sides of the road);
•	The site is allocated in the Cherwell Local Plan for ‘Tourism Development’ (Policy Bicester 8) and there is a site adjacent with is allocated for ‘New Employment Development’ (Policy Bicester 11).
3.	DESCRIPTION OF PROPOSED DEVELOPMENT
3.1	The proposal seeks consent to vary the wording of condition 14 of the previous planning permission 16/01805/F under Section 73 of the Town and Country Planning Action 1990.  The condition stated that: 
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), Buildings 131 and 135 shall be used solely as workshops/showroom (sui generis use comprising a mixed use of Class B1(c.) and B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification) and the said uses must be limited to purposes  associated  with  the  operation  of  the  site  as  a  campus  dedicated  to motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1.
Reason: The proposed use named above is acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use other than a use within the same class(es), having regard to the circumstances of the case, and in the interests of highway safety and the character and significance of heritage assets and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.
3.2	The applicant wishes to seek to vary the wording of the condition as they have tenants waiting to occupy the building that are being put off due to the very restrictive wording of the condition.  The wording implies that a use that occupies the building should be a sui generis showroom use that comprises a mix of B1c and B2 uses, however the original application 16/01805/F sought a flexible either/or use for these buildings and it is unlikely any tenant would be able to comply with the narrow definition of use this wording suggests. 
3.3	The applicant also wishes to remove the last sentence from the condition which states that “…the said uses must be limited to purposes  associated  with  the  operation  of  the  site  as  a  campus  dedicated  to motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1.” The applicant considers that there is no policy requirement for this as Policy Bicester 8 of the Local Plan identifies permissible uses but does not stipulate the purposes of those uses.
4.	   RELEVANT PLANNING HISTORY

4.1	The following planning history is considered relevant to the current proposal: 
•	16/01805/F – Change of use of buildings from sui generis MOD use to various commercial uses as detailed in accompanying Planning Statement with associated physical works and demolition of buildings 101 and 104 and erection of replacement structures – Permitted
•	16/01806/LB - Physical works to buildings 79, 108, 113, 123, 129, 130, 131, 135 and 137 to enable restoration and conversion to commercial use – Permitted
•	16/00078/SO - Screening Opinion to 16/01805/F and 16/01806/LB - Change of use of buildings from sui generis MOD use to various commercial uses as detailed in accompanying Planning Statement with associated physical works, demolition of buildings 101 and 104 and erection of replacement structures and physical works to buildings 79, 103, 108, 113, 123, 129, 130,131, 135 and 137 to enable restoration and conversion to commercial use – EIA not required
•	17/01847/F - Alterations to existing site access including installation of replacement security gates and erection of gatehouse – Permitted
•	17/00540/DISC - Discharge of Condition 4 (plans for buildings 129 and 131) of 16/01805/F – Condition discharged
•	17/00541/DISC - Discharge of Condition 4 (plans for buildings 129 and 131) of 16/01806/LB – Condition discharged
•	17/02490/F - Variation of conditions 9 (building 129 use class), 13 (building 130 use class) and 17 (revise the timeframe for the installation of a new access) of 16/01805/F – Pending consideration
5.	   PRE-APPLICATION DISCUSSIONS

5.1	No pre-application discussions have taken place with regard to this proposal.

6.	   RESPONSE TO PUBLICITY

6.1	This application has been publicised by way of a site notice displayed near the site, by advertisement in the local newspaper, and by letters sent to all properties immediately adjoining the application site that the Council has been able to identify from its records.  The final date for comments was 08.02.2018, although comments received after this date and before finalising this report have also been taken into account. 
6.2    No comments have been raised by third parties.
7.	RESPONSE TO CONSULTATION

7.1	Below is a summary of the consultation responses received at the time of writing this report. Responses are available to view in full on the Council’s website, via the online Planning Register.
PARISH/TOWN COUNCIL AND NEIGHBOURHOOD FORUMS
7.2	   Launton Parish Council: No comments or objections
7.3	Bicester Town Council: No comment to make
STATUTORY CONSULTEES
7.4	The Environment Agency: Do not wish to be consulted on this application.
7.5	Natural England: No comment
7.6	Local Highway Authority: [First Response] Object to the application on grounds that the parameters used to assess the anticipated additional vehicular trips are not known and no additional information has been supplied on how the trip rates have been reached.  Therefore the likely increase in the net traffic generations levels have not been satisfactorily assessed. [Second Response] Following telephone discussion with the highways case officer, now satisfied that the proposal will be unlikely to lead to increased trips even with flexibility of use of the buildings as sought by this application.  Therefore withdraw initial objection.
NON-STATUTORY CONSULTEES
7.7	CDC Landscape Architect: No objection 
7.8	Environmental Protection: No comments in respect of Noise, contamination, air quality, odour or light
8.	    RELEVANT PLANNING POLICY AND GUIDANCE

8.1	Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

8.2	The Cherwell Local Plan 2011-2031 - Part 1 was formally adopted by Cherwell District Council on 20th July 2015 and provides the strategic planning policy framework for the District to 2031.  The Local Plan 2011-2031 – Part 1 replaced a number of the ‘saved’ policies of the adopted Cherwell Local Plan 1996 though many of its policies are retained and remain part of the development plan. The relevant planning policies of Cherwell District’s statutory Development Plan are set out below (the same policies as those for the original application 16/01805/F):

CHERWELL LOCAL PLAN 2011 - 2031 PART 1 (CLP 2031 Part 1)

•	PSD1 – Presumption in Favour of Development
•	SLE1 – Employment Development
•	ESD7 – Sustainable Drainage Systems (SUDS)
•	ESD10 – Biodiversity and the natural environment
•	ESD15 - The Character of the Built and Historic Environment
•	BIC8 – Former RAF Bicester

CHERWELL LOCAL PLAN 1996 SAVED POLICIES (CLP 1996)

•	C21 – Proposals for re-use of a listed building
•	C23 – retention of features contributing to character or appearance of a conservation area
•	C28 – Layout, design and external appearance of new development
•	ENV1 – Development likely to cause detrimental levels of pollution
•	ENV12 – Development on contaminated land

OTHER MATERIAL PLANNING CONSIDERATIONS

•	National Planning Policy Framework (NPPF)
•	Planning Practice Guidance (PPG)
•	Appendix A to Circular 11/95 – Use of Conditions in planning permission
•	Circular 06/2005 – Biodiversity including statutory obligations within the planning system
•	RAF Bicester Conservation Area Appraisal – November 2008
•	RAF Bicester Planning Brief
•	Heritage Partnership Agreement – Bicester Heritage, 2014

The National Planning Policy Framework (“the Framework”), in particular paragraphs 9-17 (presumption); 18-20 and 22 (economy), 29-36 (transport); 56-67 (design); 69-78 (healthy communities); 93-104 (climate change and flooding); 109-125 (natural environment); 126-139 (historic environment) and 186-206 (decision taking).

9.	   APPRAISAL

9.1	   The key issues for consideration in this case are:

•	Whether the proposal to alter condition 14 to make the use of buildings 131 and 135 more flexible is acceptable in terms of the original planning permission 16/01805/F having regard to highway safety and any other relevant issues;
•	Whether there have been any other material changes since the original application has been determined which require other conditions to be updated

         Condition 14

9.2	The proposal to re-word condition 14 to make it a more flexible condition is considered to be acceptable in planning terms.  It is considered that the original condition was poorly worded and should have applied the “and/or” scenario at the outset.  To limit the use of a building as set out in the condition is too prescriptive and difficult to comply with and in that sense it did not meet the tests set out in Circular 11/95 as it was not ‘reasonable’ or ‘necessary’.  

9.3	The applicants had applied for buildings 131 and 135 to be a “workshop (B2/B1c) use” as set out in their Planning Statement dated August 2016 which is referred to in the “Proposal” on the decision notice for 16/01805/F.  The planning statement goes on to explain that the proposals for the site is to create a “…business park dedicated to historic aviation and motoring excellence…”.  In this respect therefore the proposals to use Buildings 131 and 135 as a “workshop/showroom” would be related to motor/aviation uses.  According to the Land Use Gazetteer – this type of use could fall under a number of use classes depending on the precise nature of the uses, but most commonly a workshop/showroom related to motor/aviation is defined as sui generis, sometimes B1(c) light industrial and sometimes B2 (general industrial).  

9.4	Therefore in order to give flexibility to the buildings as applied for, it is considered to be appropriate to impose a condition that states that the buildings shall be used as B1(c) (light industrial) and/or B2 (general industrial) and/or workshop/showroom (sui generis use).

9.5	The Local Highway Authority initially objected to this change, on the grounds that it objected to the original application which was not considered to provide sufficient and robust justification for vehicular movements and because the TRICS data presented with this application does not state the parameters that have been used and how the trip rates have been reached.  The trips data submitted by the applicant is to give comfort that a worst case scenario of both buildings being in solely B2 (general industrial) use (considered the most intensive of the uses applied for), that the vehicles trips would result in only three additional vehicles per hour at peak times.  This is considered to be a negligible increase, and in any case, in the context of the permitted scheme, the proposed amendment to the condition is not considered to give rise to significant highway safety concerns.  Verbal discussions with the Highways Officer at Oxfordshire County Council has resulted in them withdrawing their objection as he is satisfied that the variation to the condition will be unlikely to lead to increased trips, even with the flexibility of use of the buildings.  

9.6	It is therefore considered to be acceptable to amend the wording of this condition on highway safety grounds.

9.7	The applicant also wishes to remove the last sentence in the condition which stipulates that “…the said uses must be limited to purposes associated with the  operation of the site as a campus dedicated to motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1.”  The site (whole of RAF Bicester) is allocated in Policy Bicester 8 of the Local Plan for “heritage tourism uses, leisure, recreation, employment, community uses and a hotel and conference facilities.”  The applicant is correct in that it does not stipulate that those uses must be related to motoring and aviation, this is just part of Bicester Heritage’s vision for the site.  It would be appropriate to impose such a restriction on uses that are not permitted by Policy Bicester 8 (such as retail, restaurant etc.) to make them specific to the site and required to be used in connection with the site only, but for those uses that are accepted by this Local Plan policy, it is not considered ‘reasonable’ or ‘necessary’ that those uses must remain as uses for motoring and aviation alone.

9.8	It is therefore considered acceptable to remove this sentence from this condition.

Other Material Changes/Alterations to Conditions Required

9.9	In assessing Section 73 applications for variations to conditions (which is essentially re-issuing a new planning permission) planning law confirms that “in imposing fresh conditions, the Local Planning Authority are not limited to those proposed in the application”.  Therefore with this in mind, it is appropriate to re-consider whether other conditions require any minor re-wording or whether there have been material changes since the original application was determined that require changes to the conditions.  The following are other aspects of the original planning permission that require updating:

Site Access:

9.10	Condition 17 relating to the access has been superseded in part by a separate planning application 17/01847/F that was approved (slightly before 16/01805/F) for a new access and gatehouse at the site entrance, including some enhancements to the pedestrian access arrangements to the site.  However, it was concluded in liaison with Oxfordshire Highways that a condition was to be imposed to that permission to require the applicant to submit plans to show pedestrian access routes to and from the A4421 on the north and south side of the proposed entrance.

9.11	It is therefore considered that condition 17 can be re-worded to refer to permission 17/01847/F and the plans therein and a new condition to be imposed the same as Condition 3 of permission 17/01847/F to require details of pedestrian access routes to be submitted and approved.

Roller Shutters and Glazed Screens:
9.12	Condition 4 required details of the repair/replacement of the roller shutters to be submitted and this was discharged as part of application 17/00540/DISC.  The details approved as part of this discharge of condition application will therefore replace the wording of Condition 4.

Sentence in conditions regarding use of buildings for motoring/aviation:
9.13	As explained with reference to Condition 14 (Para. 9.7 above), it is also considered acceptable to remove the last sentence in other conditions that stipulates the uses of buildings must relate to motoring/aviation, except where they relate to uses that are in effect contrary to policy.  Those conditions that are straightforward to amend in a similar manner to condition 14 are conditions 8 and 13.  These conditions can also be amended to refer to the “and/or” scenario to give greater flexibility to proposed uses for the buildings that relate to those conditions, as these conditions are also too restrictive. 

Pending application 17/02490/F:
9.14	Submitted slightly after this application, is a further Section 73 application to apply for some other changes to the conditions (namely conditions 9, 13 and 17) as follows:  

•	To change condition 9 so that the use of Building 129 can be used for B1(c) and/or sui generis showroom use as well as the permitted D2 use;
•	To change condition 13 so that it has “and/or” included to enable a more flexible use of the buildings (same issue as Condition 14 of this application);
•	To change the timescale for the implementation of Condition 17 (new access) to 24 months from date of approval as application 16/01805/F was in part submitted retrospectively, and therefore a ‘pre-commencement’ condition was not reasonable and has rendered the applicant in breach as soon as the decision notice was issued.

9.15	It is considered acceptable as part of this application to amend condition 13 (as already stated at Para. 9.13) in the same manner as condition 14 as it is a minor change to the wording that is not considered to materially change the application and simply corrects a poorly worded condition that is currently not reasonable or necessary. 

9.16	Condition 17 will be altered in any case due to the approval of access details under 17/01847/F (as set out at Para. 9.10 and 9.11 above).  The applicant wishes to amend the timeframe to 24 months following the date of approval, however, this is considered too long and 12 months from the date of this permission is considered to be more reasonable to allow time to sort any S278 agreements with highways and check land ownership issues.  The Local Highway Authority has not responded in respect of the change to the timeframe for the new access (expiry date passed) and therefore it is considered acceptable to build this timeframe into the re-wording of this condition on this permission.

9.17	Condition 9 will be left to be determined as part of 17/02490/F along with any other changes necessary to other conditions.  

Other minor wording changes:
9.18	Conditions 6 (landscaping scheme) and 7 (boundary design) will also be amended as these refer to details being required to be submitted ‘prior to the commencement of the development’ which was not suitable for the application as it was submitted part in retrospect.  It is therefore considered appropriate for these conditions to be amended to require details to be submitted within 6 months of the grant of this planning permission.

10.	PLANNING BALANCE AND CONCLUSION
10.1	The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. Paragraph 8 requires that the three dimensions to sustainable development (economic, social and environmental) are not undertaken in isolation, but are sought jointly and simultaneously.
10.2	The proposed changes to the wording of condition 14 and the changes to be made to other conditions as set out in the report are considered to be acceptable in the context of the permitted scheme (16/01805/F) and the uses are still considered to be in accordance with Policy Bicester 8 of the Cherwell Local Plan 2013 Part 1.  The changes will not result in any detrimental impact in terms of highway safety or residential amenity and will have no impact in terms of the design of the buildings, the significance of the heritage assets at the site, ecology, trees or contamination.  The proposal is therefore considered to be in accordance with policies PSD1, SLE1, ESD7, ESD10, ESD15 and BIC8 of the Cherwell Local Plan 2011-2031 Part 1; “saved” policies C21, C23, C28, ENV1 and ENV12 of the Cherwell Local Plan 1996 and the National Planning Policy Framework (NPPF).

11.	RECOMMENDATION
   That permission is granted, subject to the following conditions:

 1	Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents:  "PL503 C" (Site wide proposed car parking), "79 PL 400 A", "79 PL 401 A", "79 PL 402 A", "79 PL 403", "79 PL 404 A", "79 PL 405 A", "79 PL 406 A"; "Existing Floor Plans", "Existing Elevations", "Proposed Floor & Roof Plans" and "Proposed Elevations" (in respect of Building 101); "Existing Floor Plans", "Existing Elevations", "Proposed Floor Plans" (Revision A) and "Proposed Elevations" (Revision A) in respect of Building 104; "109 PL 400", "109 PL 401", "109 PL 402", "111 PL 400", "111 PL 401", "112 PL 300 B", "112 PL 301 B", "112 PL 302", "113 PL 400 A", "113 PL 401 A", "113 PL 402 A", "113 PL 404 A", "113 PL 405 A", "113 PL 406 A", "116 PL300 B", "116 PL301 B", "116 PL302", "118 PL300 B", "118 PL301 B"; "Existing Floor Plans", "Existing Elevations", "Existing Roof Plan", "Proposed Ground Floor Plan (Revision A)", "Proposed First Floor Plan" (Revision B), "Proposed Roof Plan" (Revision A), "Proposed Elevations 1 (Revision A)" and "Proposed Elevations 2 (Revision A)" in respect of Building 123; "129 PL 400", "129 PL 401 B", "129 PL 402 B", "129 PL 403", "129 PL 404 C", "130 PL 400 C", "130 PL 401", "130 PL 402 C", "130 PL 403 C", "131 PL 400 C", "131 PL 401 A", "131 PL 402 A", "131 PL 403 C", "131 PL 404", "133 PL 300", "133 PL 301", "135 PL 300 B", "135 PL 301", "135 PL 302 A", "136 PL 300 A", "136 PL 301 B", "137 PL 400 A", "137 PL 401", "137 PL 402 A", "137 PL 404 A", "137 PL 405", "137 PL 406 A"; "DD 700" (Existing Roller Shutter Gear and Guides - Building 129 & 131), "DD 701" (Proposed Timber Doors - Building 129 & 131), "DD 702" (Proposed Glazed Screen - Building 131), [all of the preceding plans being preceded by "12068"] and "12068/OS001 B" (entitled 'Site Allocation Plan', but serving as a site location plan), Design and Access Statement (Rev C, 06.02.2017), Planning and Heritage Impact Statement (JPPC, August 2016) except in the case of Building 103 which does not form part of this application or permission, an arboricultural report (Phill Escritt, on behalf of G.C.K Treeworks, dated 09.01.2016), an External Memo: technical note in respect of ecology (Alex Perry, Lepus Consulting, dated 10.03.2014), an Extended Phase 1 Habitat Survey - Final Report (Lepus Consulting, November 2013), "Detailed daytime building assessment at Bicester Heritage, Bicester" (Lepus Consulting, January 2017), an External Memo: technical note in respect of ecology (Neil Davidson, Lepus Consulting, dated 16.08.2017), and emails to the Local Planning Authority from David Burson of JPPC Planning dated 13.02.2017 at 1752 hours and 06.06.2017 at 1641 hours.
	
	Reason - For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

 2	The materials, finishes and detailing of the development shall be as set out in the Heritage Partnership Agreement (Final Draft Revision B, 17 April 2015) unless otherwise agreed in writing by the Local Planning Authority.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 3	The roller shutters and glazed screens in relation to buildings 129 and 131 shall be carried out in accordance with the drawings approved under reference 17/00540/DISC; namely 12068/131GA141 Rev AB (Building 131 Elevations) received by the Local Planning Authority on 10/11/17; 12068…/DD700 (Existing roller shutter gear and guides), /DD701 (proposed timber doors Buildings 129 and 131) and /DD702 (proposed glazed screens building 131) received by the Local Planning Authority by email on 13/12/17; 12068…131GA100 Rev C (Building 131 Plans), 12068/129GA141 Rec C (Building 129 Elevations) and 12068/129GA102 Rev C (Building 129 Plans) received by the Local Planning Authority by email on 19/12/17 and retained in accordance with the approved details.
	
	Reason - To preserve the character and appearance and significance of heritage assets and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 4	Any remedial brickwork necessary for the repair or making good of any building subject of this permission shall be carried out with brick of the same type, texture, colour and appearance as that of the existing building.
	
	Reason - To ensure that the development is constructed and finished in materials which are in harmony with the materials used on the existing building(s) and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 5	Within six months of the date of this planning permission and notwithstanding the details submitted, a landscaping scheme shall be submitted to 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 kerbs, and reduced-dig areas.  
	
	The development shall be implemented fully in accordance with the approved scheme prior to the occupation of the any of the buildings subject of this permission and retained as such thereafter.
	
	Reason - To ensure the continued health of retained trees and to ensure that they are not adversely affected by the construction works, and in the interests of the visual amenity of the area and the character and appearance of the Conservation Area, and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 6	Within six months of the date of this permission, and notwithstanding the details submitted, details of the design, external appearance and decorative finish of all fences, gates, walls and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented fully in accordance with the approved details and retained as such thereafter.
	
	Reason - In the interests of visual amenity and the character and appearance and significance of heritage assets and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996.

 7	The use of Buildings 79, 108, 113, and 137 shall be used only for purposes falling within Class B8 specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).
	
	Reason: To guard against other Class B8 uses, such as higher intensity storage/distribution uses, which would be inappropriate in this location, and in the interests of highway safety and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 8	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), the following buildings shall be used solely for the following purposes of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification), and the said uses must be limited  to  purposes  associated  with  the  operation  of  the  site  as  a  campus  dedicated  to motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1.
	
	Building 109 - Class D2
	Building 123 - Class B1
	Building 129 - Class D2
	
	Reason - The proposed uses named above are acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use other than a use within the same class(es), having regard to the circumstances of the case, and in the interests of highway safety and the character and significance of heritage assets and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

9	The use of Building 101 as a workshop/showroom/teaching facility (sui generis use) must be limited  to  purposes  associated  with  the  operation  of  the  site  as  a  campus  dedicated  to motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and for no other purpose.
	  
	Reason: The proposed use named above is acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use other than a use within the same class(es), having regard to the circumstances of the case, and in the interests of highway safety and the character and significance of heritage assets and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

10	The use of Building 104 as a workshop/showroom/light industrial unit (sui generis) must be limited  to  purposes  associated  with  the  operation  of  the  site  as  a  campus  dedicated  to motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and for no other purpose.
	  
	Reason: The proposed use named above is acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use other than a use within the same class(es), having regard to the circumstances of the case, and in the interests of highway safety and the character and significance of heritage assets and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

11	Except as amended by Condition 15 of this planning permission, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), Buildings 111, 112, 116, 118, 133 and 136 shall be used solely as workshop/ancillary retail/showroom (sui generis use comprising a mixed use of Class B1, B8 and A1 of the Schedule the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification) and the said uses must be limited to purposes  associated  with  the  operation  of  the  site  as  a  campus  dedicated  to motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031.
	
	Reason: The proposed use named above is acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use other than a use within the same class(es), having regard to the circumstances of the case, and in the interests of highway safety and the character and significance of heritage assets and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

12	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), Building 130 shall be used as a workshop/showroom for motoring/aviation (sui generis use),and/or B1(c.) (light industrial use) and/or B2 (general industrial use) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).
	
	Reason: The proposed use named above is acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use other than a use within the same class(es), having regard to the circumstances of the case, and in the interests of highway safety and the character and significance of heritage assets and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

13	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), Buildings 131 and 135 shall be used as workshops/showroom for motoring/aviation (sui generis use, and/or B1(c.) (light industrial) and/or B2 (general industrial use) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).
	
	Reason: The proposed use named above is acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use other than a use within the same class(es), having regard to the circumstances of the case, and in the interests of highway safety and the character and significance of heritage assets and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

14	The use of buildings for purposes falling under Class A1 of the Use Classes Order must be limited to the sale of heritage motoring and aviation goods as set out in the description to this application, that is, purposes associated with the operation of the site as a campus dedicated to heritage motoring and aviation as permitted by Policy Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1, must remain ancillary to the use of the building within Class B1 and/or Class B8, and does not extend to an unrestricted A1 use for general retail purposes.
	
	Reason - The proposed use is acceptable but the Local Planning Authority wishes to consider any future proposal for a change of use, and because an open consent for Class A1 retail would not be an environmentally or socially sustainable form of development and would have a materially more significant impact on the vitality and viability of Bicester town centre, and to accord with Policies SLE2 and Bicester 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

15	No gate, fence, wall or other means of enclosure shall be erected, constructed or placed within the site without the grant of further specific planning permission from the Local Planning Authority. 
	
	Reason - To retain the open character of the development within the Conservation Area and ensure its cohesion with the wider site in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

16	Within 12 months of the date of this permission, the new access and gatehouse shall be constructed, in accordance with the details approved under reference 17/01847/F, namely drawings '12068/SK 700', '12068/SK 702', '12068/SK 706' & '12068/SK 707'.

	Reason - In the interests of highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

17    Prior to commencement of the development hereby approved, plans showing pedestrian access routes to and from the A4421 on the north and south side of the proposed entrance will be submitted to and agreed in writing by the Local Planning Authority.  Thereafter, the pedestrian access routes will be constructed before first use of the development.

	Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

18	No building shall be occupied until car parking space(s) to serve that building have been provided according to details that have been submitted to and agreed in writing by the Local Planning Authority. All car parking shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter, unless otherwise agreed in writing beforehand by the Local Planning Authority.
	
	Reason: To ensure appropriate levels of car parking are available at all times to serve the development and in the interests of highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

19	No building shall be occupied until cycle parking spaces to serve that building have been provided in accordance with a comprehensive cycle storage strategy which shall have been first submitted to and agreed in writing by the Local Planning Authority. All cycle parking shall be retained unobstructed except for the parking of cycles at all times thereafter, unless otherwise agreed in writing beforehand by the Local Planning Authority.
	
	Reason: To ensure appropriate levels of cycle parking are available at all times to serve the development, and in the interests of highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

20	Within six months of the date of this permission, except in the case of any building which exceeds the thresholds set out in "Transport for New Developments; Transport Assessments and Travel Plans", a Travel Plan Statement meeting the requirements set out in the Oxfordshire County Council guidance document, "Transport for New Developments; Transport Assessments and Travel Plans" shall be submitted to and approved in writing by the Local Planning Authority. If any building, with the exception of Buildings 79, 108, 113 and 137, exceeds the thresholds set out in "Transport for New Developments; Transport Assessments and Travel Plans" an individual Travel Plan shall be submitted to the Local Planning Authority no later than three months after the occupation of the respective building.  The development shall be implemented fully in accordance with the approved details and retained as such thereafter.
	
	Reason - to encourage occupiers to use sustainable modes of transport as much as possible and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

21	The access and parking areas shall be kept free of obstructions at all times and used only for the specified purpose.
	
	Reason - In the interests of highway safety, to ensure a proper standard of development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

22	The development hereby approved shall be carried out in accordance with the mitigation measures and recommendations set out in the Extended Phase 1 Habitat Survey - Final Report (Lepus Consulting, November 2013) and the "Detailed daytime building assessment at Bicester Heritage, Bicester" (Lepus Consulting, January 2017), as amended by the External Memo: technical note in respect of ecology (Neil Davidson, Lepus Consulting, dated 16.08.2017).
	
	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 and Government guidance contained within the National Planning Policy Framework.

23	In the case of any building subject of this permission and to which any works to the roof are hereby permitted, and notwithstanding the details submitted, further bat activity surveys shall be submitted to the Local Planning Authority within 9 months of this permission, which shall have been carried out in optimum conditions.  Thereafter the development shall be implemented in accordance with the approved details and shall be retained as such thereafter.
	
	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 and Government guidance contained within the National Planning Policy Framework.

Case Officer: | Maria Philpott | DATE: 8^th February 2018
Checked By: | Tracey Hill | DATE: 9^th February 2018