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

	
Name and Address of Agent/Applicant:

Albion Land Ltd
c/o Quod
Mrs Emma Lancaster
Capitol
Bond Court
Leeds
LS1 5SP

	
Date Registered: 23rd June 2017

Proposal:	Reserved Matters to 15/01012/OUT - The reserved matters submission relates to Phases 2a (which comprises a section of the internal spine road) and Phase 3a (in part) which has been split into 2 plots for the purposes of delivery (referred to as plots 2 and 3). This application relates to Plot 3 and represents the first built form of the development to come forward.	
Location:	Land North East Of, Skimmingdish Lane, Launton,  	
Parish(es):	Launton		 	

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.  15/01012/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
Oxon
OX15 4AA

Date of Decision: 6th October 2017	
Head of Public Protection 
& Development Management	

SCHEDULE OF CONDITIONS	

 1	Except where otherwise stipulated by condition on this reserved matters approval or the original outline planning permission, the development shall be carried out strictly in accordance with the following plans and documents so far as they relate to the reserved matters for which this approval was sought:
	
Drawing Reference	Drawing Title	Scale	Submission Date	
17007-TP-001-F	Site Location Plan	1:1250 @ A1	04.07.17	
17007-TP-003-H	Proposed Site Plan	1:1250 @ A1	02.10.17	
17007-TP-004-D	Block 3 Proposed Ground Floor Plan	1:200 @ A1	02.10.17	
17007-TP-005-D	Block 3 Proposed First Floor Plans	1:200 @ A1	02.10.17	
17007-TP-006-C	Block 3 Proposed Roof Plans	1:200 @ A1	02.10.17	
17007-TP-009-D	Block 3 Typical Sections	1:200 @ A1	02.10.17	
17007-TP-010-F	Site Plan at Ground Floor Level	1:500 @ A1	02.10.17	
17007-TP-011-E	External Finishes Site Plan	1:500 @ A1	08.08.17	
17007-TP-012-D	External Works Details	1:20 @ A0	13.06.17	
RF14-228-L18-P3	Planting Plan 1 of 2	1:500@A1	08.08.17	
RF14-228-L19-P2	Planting Schedule	N/A	08.08.17	
RF14-228-L20-P1	Planting Plan 2 of 2	1:500@A1	04.07.17	
17007-TP-013	Proposed Elevations	1:200 @ A1	02.10.17	
17007-TP-015	Free-Standing Canopy Design	1:200 @ A1	02.10.17	
15320-18	Max Legal Artic Tracking
(specifically vision splay details)	1:500 @ A3	14.07.17	
	
	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 first occupation of the development hereby approved, full details of the 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 ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 3	The materials to be used for the external cladding and roof of the development hereby approved shall accord with the following material samples: Colorcoat Prisma Orion, Colorcoat Prisma Zeus, Colorcoat Prisma Sirius and Colorcoat HPS200 Ultra Goosewing Grey. 
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 4	Unit 3B of the development hereby approved, as shown on drawing number 17007/TP/004-D, shall be used only for purposes falling within Class B8 of the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005. 
	
	Reason - To ensure that satisfactory provision is made for the parking of vehicles on site and clear of the highway in accordance with Government guidance contained within the National Planning Policy Framework.

 5	Notwithstanding the details shown on drawing number 17007-TP-012-D (External Works Details) the proposed fence and gates shall be coloured black (RAL 9005). 
	
	Reason - To ensure that the colour of the fence is in harmony with the external appearance of the development hereby approved and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 6	Notwithstanding the details shown on drawing number 17007-TP-012-D (External Works Details) and prior to the first occupation of the development hereby approved, full details of the covered cycle parking facilities to be provided on the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be provided, permanently retained and maintained for the parking of cycles in connection with the development in accordance with the approved details.
	
	Reason - In the interests of sustainability, to ensure a satisfactory form of development and to comply with Policies SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 7	Except to allow for the means of access and vision splays, the existing hedgerow and trees along the south western boundary of the site shall be retained and properly maintained, and if any hedgerow plant or tree dies within five years from the completion of the development it shall be replaced and shall thereafter be properly maintained in accordance with this condition.
	
	Reason - In the interests of the visual amenities of the area, to provide an effective screen to the proposed development and to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 8	Prior to the first occupation of the development hereby approved, the vision splays shown on drawing number 15230-18 (Max Legal Artic Tracking) shall be provided in accordance with the approved details and the land and vegetation within the vision splays shall not be raised or allowed to grow above a maximum height of 0.6m above carriageway level.
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

 9	Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments, no gate, fence or other means of restricting the use of the access to Unit 3A for vehicular turning shall be erected, constructed or placed between the service yard entrance gate and highway without the express planning consent of the Local Planning Authority. 
	
	Reason - To ensure that satisfactory provision for vehicular turning within the site in the interests of highway safety in accordance with Government guidance contained within the National Planning Policy Framework.

10	All buildings hereby approved shall be constructed to achieve at least a BREEAM 'Very Good' rating based on the relevant BREEAM standard for that building type applicable at the time of the decision.
	
	Reason - To ensure sustainable construction and reduction of carbon emissions in accordance Policy ESD 3 of the Cherwell Local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework.

11	Except for the storage areas (incorporating the pallet stores and refuse enclosures) identified on drawing number 17007-TP-012-D and the coming and going of vehicles associated with the day to day operation of the units, 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.

12	Prior to the first occupation of the development hereby approved, full details of any mechanical ventilation or extraction equipment (if applicable) shall be submitted to and approved by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the mechanical ventilation shall be installed, brought into use and retained in accordance with the approved details.
	
	Reason - 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.

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.