NOTICE OF DECISION	
	TOWN AND COUNTRY PLANNING ACT 1990 (as amended)

TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) ORDER 2015 (as amended)

	
Name and Address of Agent/Applicant 
Executors Of The Late Keith Sabin
c/o Stansgate Planning
9 The Courtyard (KW/8524)
Timothy's Bridge Road
Stratford Upon Avon
CV37 9NP

	
	
Agricultural to Residential (C3) “Prior Approval” Determination	
	
Date Received: 20th June 2018	

Proposal:	Change of Use of agricultural buildings to a dwellinghouse and associated building operations
	
Location:	Top Barn Farm Agriculture Buildings Adjacent The B4035  Sibford Gower 
	
Parish(es):	 Sibford Gower		 
	 	
Cherwell District Council as Local Planning Authority has determined on the basis of the information submitted that Prior Approval is required and is hereby granted for the proposal specified above SUBJECT TO THE CONDITIONS SET OUT IN THE ATTACHED SCHEDULE.

The proposed development, notwithstanding this decision, must be in compliance with all other conditions and limitations set out in Part 3, Class Q of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). 

	
Cherwell District Council
Bodicote House
Bodicote
BANBURY
OX15 4AA		
Date of Decision: 14th August 2018	Jim Newton
Assistant Director for
Planning Policy and Development	
	Checked by:	NS	(Officer initials)	

SCHEDULE OF 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: Drawings numbered: 8524-100, 8524-101, 8524-202, 8524-301, 8524-302, 8524-402, 8524-403 and 8524-404 and letter from Stansgate Planning (ref: KW/K/8524).
	
	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	If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.
	
	Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised in accordance with Saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

					  PLANNING NOTES

 1	The development hereby approved shall be completed within 3 years from the date of this decision notice. This is to comply with the requirements of Schedule 2, Part 3, Class Q.2(3) of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

 2	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 3900.

STATEMENT OF ENGAGEMENT

In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) and paragraph 38 of the National Planning Policy Framework, 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)

TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) ORDER 2015 (as amended)

	

NOTES TO THE APPLICANT

OTHER NECESSARY CONSENTS

Notwithstanding this decision, it is the responsibility of the developer to ensure that the development is carried out in accordance with all of the conditions and limitations set out within Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). 

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 considering work on site. The BCM can be contacted on 0300 003 0200, or E-mail at building.control@cherwellandsouthnorthants.gov.uk
•	The need to obtain an appropriate Order if the proposal involves the stopping up or diversion of a public footpath.
•	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 1SD.

APPEALS TO THE SECRETARY OF STATE

If you are aggrieved by the decision of the Local Planning Authority to grant prior approval for the proposed development subject to conditions, then you can appeal to the First Secretary of State under section 78 of the Town and Country Planning Act 1990 (as amended).

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. Tel 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 the Local Planning Authority could not have granted prior approval for the proposed development without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

In practice, the Secretary of State does not refuse to consider appeals solely because the Local Planning Authority based their decision on a direction given by him.