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

	
Name and Address of Agent/Applicant:

Bovis Homes
c/o Pegasus Group
Mr Paul Burrell
Pegasus House
Querns Business Centre
Whitworth Road
Cirencester
GL7 1RT

	
Date Registered: 15th May 2017

Proposal:	Reserved matters application to 10/01642/OUT - In respect of Bovis Parcel B4A and B4B to provide 29 open market and 71 affordable dwellings	
Location:	Parcels B4A & B4B, Heyford Park, Camp Road, Upper Heyford Bicester	
Parish(es):	Upper Heyford		 	

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. 10/01642/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
OX15 4AA		
Date of Decision: 7 August 2018	Jim Newton
Assistant Director for
Planning Policy and Development	
	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, Flood Risk assessment Compliance, Tree Data Schedule and Survey, Design Statement, Planning Statement, Affordable Housing Statement and the following drawings:

•	Heyford Park - Trident Site Layout Parcel B4B	B.0285 103 REV: F
•	Heyford Park - B4A/B4B Trident Materials Plan		B.0285 105E
•	'Heyford Park - B4A/B4B Trident Parking Strategy'	B.0285 110 REV: A
•	'Heyford Park - Trident Parcel B4A/B4B – Bin Store Vl'	B.0285_111 SHEET-NO: 1 REV:
•	'Heyford Park - Trident Parcel B4A/B4B – Bin Store V2'	B.0285_11 l SHEET NO: 2 REV:
•	'Heyford Park - B4A/B4B Trident Site Location Plan'		B.0285 113
•	'Heyford Park - Trident Parcel B4A/B4B - Street Scenes'	B.0285_116 SHEET NO: REV: A
•	'Heyford Park - B4A/B4B Highways Plan'			B.0285 117 REV A
•	'Heyford Park - Trident Site Layout Parcel B4A'		B.0285_ 47 REV: L
•	'Trident Parcel B4A/B4B - P1385 Floor Plans & Elevations'	B.0285_99 SHEET NO: 1 REV: H
•	'Trident Parcel B4A/B4B - P1385 (Pitched Rood) V2 Floor Plans & Elevations'	B.0285_99 SHEET NO: 2 REV: H
•	'Trident Parcel B4A/B4B - P1385 (Corner Turn) V3 Plans & Elevations'	B.0285_99 SHEET NO: 3 REV: J
•	'Trident Parcel B4A/B4B - S461 Plans & Elevations (Affordable)'		B.0285_99 SHEET NO: 4 REV H
•	'Trident Parcel B4A/B4B Elevations (Affordable)'351 Plans & Elevations (Affordable)'	B.0285_99 SHEET NO: 5 REV H
•	'Trident Parcel B4A/B4B Elevations (Affordable) S344 Plans & Elevations (Affordable)'	B.0285_99 SHEET NO: 6 REV H
•	'Heyford Park - Trident Parcel B4A/B4B – Type A Apartment Plans & Elevations (Affordable)'	8.0285_99 SHEET  NO: 7 REV: H
•	'Heyford Park - Trident Parcel B4A/B4B – Type 8 Apartment Plans & Elevations (Affordable)'	8.0285_99 SHEET NO: 8 REV: H
•	'Heyford Park - Trident Parcel B4A/B4B – Type A (V2) Apartment Plans & Elevations (Affordable)'	8.0285_99 SHEET NO: 9 REVH
•	'Heyford Park - Trident Parcel B4A/B4B - Street Scenes'	B.0285_99 SHEET NO: 16 REV: G
•	'Heyford Park - Trident Parcel B4A/B4B -Street Scenes'	B.0285_99 SHEET NO: 17 REV: G
•	'Heyford Park - Trident Parcel B4A/B4B - Street Scenes'	B.0285_99 SHEET NO: 20 REV: G
•	'Heyford Park - Trident Site Layouts' 			B.0285_114 REV: A
•	'Detailed Soft On-plot Landscape Proposals Heyford Park, Parcel B4A			B.0285_119 SHEET NO:_ REV: B
•	''Detailed Soft On-plot Landscape Proposals	 Heyford Park, Parcel B4B' 			B.0285_120 SHEET NO:_ REV: B
•	'Hard Landscape Proposals Heyford Park, Parcel B4A'	B.0285_121 SHEET NO:_ REV:
•	'Hard Landscape Proposals Heyford Park, Parcel B4B	B.0285_122 SHEET NO:_ REV:
•	'Typical Tree Pit Details'		B.0285_123 SHEET NO:_ REV:A
•	'Heyford Park: Phase 84A/848 – Enclosure Details'	B.0285 124
•	'Heyford Park - Trident Sub-Station'		B.0285_125 SHEET NO: Rev:

	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	Notwithstanding the details shown on drawing B 0285-105F, prior to the commencement of the development hereby approved, samples of the facing and roofing materials, including all types of cladding, and paviors to be used in the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the samples so approved.
		
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 3	Prior to the commencement of the development, full design details of doors, windows, balconies and meter cupboards shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.
		
	Reason - To ensure that the completed development is in keeping with and conserves the special character of the existing historic building and to comply with Policy C18 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 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, notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 and its subsequent amendments, no gate, fence, wall or other means of enclosure shall be erected, constructed or placed between the dwellings and the highway without the prior express planning consent of the Local Planning Authority.
	
	Reason - In order to retain the open character of the development and area in accordance with Policy C28 of the adopted Cherwell Local Plan

 6	All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, 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. Any trees, herbaceous planting 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 current/next planting season with others of similar size and species.
		
	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 and Government guidance contained within the National Planning Policy Framework.

 7	Prior to the commencement of the development hereby approved, and notwithstanding the submitted details, full details, locations, specifications and construction methods for all tree root barriers to include specifications for the dimensions of the pit, suitable irrigation and support systems and an appropriate method of mulching, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details and specifications.
		
	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 and Government guidance contained within the National Planning Policy Framework.

 8	Prior to the occupation of any dwelling hereby approved, and notwithstanding the submitted details, a revised scheme for the Local Area of Play shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. 
		
	Reason - To ensure a satisfactory form of development and to comply with Policy BSC 10 and BSC 11 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 [insert] 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 [ . . m] 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, footpaths (except for the final surfacing thereof) and parking 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	Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details 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 guidance contained within the National Planning Policy Framework

13	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 the Flood Risk Assessment Compliance Report (April 2017 / 16871/B4 / Woods Hardwick) and the following mitigation measures detailed within the FRA and associated FRA compliance report. 
	o Limiting the surface water run-off generated by the 1 in 100 year critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.(Paragraph 3.2 of the FRA). 
	o Attenuation by use of underground storage tanks and permeable paving - (Paragraph 3.11 and 4.6 of the FRA) and shown on drainage strategy drawings (April 2017 / HEYF-5-695 and HEYF-5-696 / Woods Hardwick). 
	o Provision of a SuDS Management and Maintenance Plan to the proposed maintenance company for the development - (Paragraph 4.9 of the FRA Compliance Report). 
	
	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 protect the development and its occupants from the increased risk of flooding and in order to comply with Government guidance contained within the National Planning Policy Framework.

14	If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
			
	Reason National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121).

15	Prior to the first occupation of the 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.

16	Prior to the commencement of any phase of the development hereby approved, full details of a scheme for the location of swift bricks, bat, bird, owl and invertebrate boxes on that phase of development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the occupation of any building [on that phase of the development], the bat, bird, owl and invertebrate boxes shall be installed on the site 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 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.

 2	Attention is drawn to the conditions imposed on the "outline" permission reference 10/01642/OUT granted on 23rd December 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.

 3	The applicant's and/or the developer's attention is drawn to the requirements of the Control of Pollution Act 1974, the Environmental Protection Act 1990 and the Clean Air Act 1993, which relate to the control of any nuisance arising from construction sites.  The applicant/developer is encouraged to undertake the proposed building operations in such a manner as to avoid causing any undue nuisance or disturbance to neighbouring residents.  Under Section 61 of the Control of Pollution Act 1974, contractors may apply to the Council for 'prior consent' to carry out works, which would establish hours of operation, noise levels and methods of working.  Please contact the Council's Anti-Social Behaviour Manager on 01295 221623 for further advice on this matter.

 4	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.

 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.
			
	Prior to commencement of development, a separate consent must be obtained from OCC Road Agreements Team for any highway works under S278 of the Highway Act. Contact: 01865 815700; RoadAgreements@oxfordshire.gov.uk.
		
	Fire and Rescue Service recommends that new dwellings should be constructed with sprinkler systems

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)

	

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.