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

	
Name and Address of Agent/Applicant:

Heyford Park Settlements LP
c/o Pegasus Group
Mr James Walker
Pegasus Planning Group Ltd 
Querns Business Centre
Whitworth Road
Cirencester
GL7 1RT

	

	
Date Registered: 5th May 2017

Proposal:	Reserved Matters application to 10/01642/OUT - Dorchester Phase 5C, comprising the provision of 17 residential units of mixed type (dwelling houses and flats) and tenure (open market and affordable) with associated landscaping, car parking, infrastructure and external works

	
Location:	Heyford Park, Camp Road, Upper Heyford, Bicester
OX25 5HD

Parish(es):	 Upper Heyford		 	

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
OX15 4AA		
Date of Decision: 6th March 2018	Paul Feehily	
	Interim Director for
Planning and Regeneration	
	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 documents: Application forms , Statement of Compliance, Flood Risk Assessment Compliance, Construction Specification, Design and Access Statement, Planning/Affordable Housing Statement and Construction Specification, and the following drawings:
	o	Location Plan		0521 PH5C 101
	o	Planning Layout	0521 PH5C 102B
	o	External Works-1	0521 PH5C 104B
	o	Adoption Plan		0521 PH5 107B
	o	Materials Layout	0521 PH5C 108B
	o	Refuse Plan		0521 PH5C 111B
	o	Landscaping 		1619 05C 01E
	o	Housetype booklet	0521 PH5C HTB Issue 1
	o	Tracking Layout	0521 PH5C 105
	o	Garages, bin stores, cycle stores	0521 PH5C 109
	o	External Details (walls,fences)	0521 PH5C 106
	o	Street Scenes 1 0521 PH5C 103B
	
	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	The materials to be used in the new development shall be as shown on plan No. 0521 PH5C 108B. There shall be no variation of these materials without the prior written consent of the Local Planning Authority.
						
	Reason - To ensure that the development is constructed and finished in materials which are in harmony with the building materials used in the locality and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 3	That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out 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;  and that any trees 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 next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.
						
	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.

 4	That all enclosures along all boundaries of the site shall be as shown on the approved plans and such means of enclosure shall be erected prior to the occupation of any dwelling.
					
	Reason - To ensure the satisfactory appearance of the completed development, to safeguard the privacy of the occupants of the existing and proposed dwellings and to comply with Policies C28 and C30 of the adopted Cherwell Local Plan.

 5	That before the development is first occupied, the parking, garaging and manoeuvring areas shall be provided in accordance with the plans 0521-PH5C 109 hereby approved and shall be constructed, laid out, surfaced, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.
				
	Reason - In the interests of highway safety and to comply with Government advice contained in the National Planning Policy Framework.

 6	Prior to first occupation a Travel Information Pack shall be submitted to and approved by the Local Planning Authority. The first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack.
	
	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	Prior to the first occupation of the development hereby approved, the sewage disposal/drainage works to serve it shall be completed and operational and the development connected thereto.
		
	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 Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 8	The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (October 2010 / Ref C11234 ES 001 / Waterman) and FRA Compliance Document ( March 2017 / 16871 B4/ Woods Hardwick) and the following mitigation measures: 
	o	Limiting the surface water run-off generated by the 100 year return period critical storm so that it will not exceed the run-off from the undeveloped existing site and not increase the risk of flooding off-site, while taking climate change into account. (Paragraph 3.20 of the FRA) 
	o	Attenuation tanks , oversized pipes and flow control devices ( March 2017 / Drawing No. HEYF - 5 - 970 - A / Proposed Engineering Layout / Woods Hardwick) 
	
	The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority	
	
	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 Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 9	Prior to the commencement of the development hereby approved, full details of the access vision splays, including layout and construction shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the dwellings the vision splays shall be constructed 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 1 metre above carriageway level.
	
	Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

10	Prior to the first occupation of any of the dwellings hereby approved, all of the estate roads and footpaths (except for the final surfacing thereof) shall be laid out, constructed, lit and drained in accordance with Oxfordshire County Council's 'Conditions and Specifications for the Construction of Roads' and its subsequent amendments.
				
	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.

11	Prior to the commencement of the development hereby approved, full specification details of the vehicular accesses, driveways and turning areas to serve the dwellings, which shall include construction, layout, surfacing and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of any of the dwellings, the access, driveways and turning areas shall be constructed in accordance with the approved details.
	
	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.

12	That before the development is first occupied, the parking, garaging and manoeuvring areas shall be provided in accordance with the plans 0521 PH5C 104B hereby approved and shall be constructed, laid out, surfaced, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.
				
	Reason - In the interests of highway safety and to comply with Government advice contained in the National Planning Policy Framework.

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

					  PLANNING NOTES

 1	Attention is drawn to the conditions imposed on the "outline" permission (App. No. 10/01642/OUT;) granted on 22.12.2011 which should be read together with this approval.  Any outstanding requirement of the conditions to submit details for approval by the Local Planning Authority should be particularly noted.

 2	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.

 3	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.

 4	Fibre to the Premises (FTTP) technology
	
	Openreach will provide FTTP infrastructure free of charge for developments of 30 or more plots. For sites for 2 - 29 plots Openreach will review the available technology in the area, if FTTC infrastructure is not available free of charge then developers can choose to make a contribution to receive this technology and an offer will be issued at registration.  You'll need to register your site at least nine months before the date that you want Openreach to provide service to the first new property, or if you're installing a lift, at least nine months before the lift commissioning date. This must be at least eight weeks before you actually start on the site construction.
	
	For further information, please visit https://www.ournetwork.openreach.co.uk/property-developers/site-registration.aspx

 5	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. Alternatively the developer may wish to consider adoption of the estate road under Section 38 of the Highways Act.

 6	Prior to commencement of development, a separate consent must be obtained from OCC Road Agreements Team for the new highway vehicular accesses and the adoptable area under S278 of the Highway Act. Contact: 01865 815700; RoadAgreements@oxfordshire.gov.uk.

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 (as amended), 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, 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 their 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 whichever 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 them 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 them.
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 they 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 District Council to purchase their 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 them.
These circumstances are set out in the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991.