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

	
Name and Address of Agent/Applicant:

Crest Nicholson Midlands
c/o RPS Group
Mr Tom Ayres
321 Bradford Street
Birmingham
B5 6ET

	
Date Registered: 26th July 2018

Proposal:	Reserved matters application for 14/02156/OUT - appearance, landscaping and layout (including the layout of the internal access roads, footpaths and cycleways) for 58 dwellings	
Location:	Land South Of Cotefield Business Park Phase 2 Adj To, Blossom Field Road, Bodicote	
Parish(es):	Bodicote		 	

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. 14/02156/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: 2nd November 2018	Jim Newton
Assistant Director for
Planning Policy and Development	

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 application form and the following plans and documents:
	
	o P18-1568_16 Site Location - Phase 2
	o P18-1568_01F Site Layout - Phase 2
	o P16-1364_08 SAN-1 Sandown (Brick) - Plots 64 and 65
	o P16-1364_08 HAR-1 Hartley (Brick) - Plots 54 and 55
	o P16-1364_08 HAR-2 Hartley (Stone) - Plots 82 and 83
	o P16-1364_08 HUN-2 Huntingdon (Stone) - Plot 57
	o P16-1364_08 HUN-1 Huntingdon (Brick) - Plot 63
	o P16-1364_08 LAN Langford (Stone) - Plots 77, 94 and 95
	o P16-1364_08 HAL-1 Halstead (Stone) - Plots 68, 69, 70, 71, 72, 73, 74 and 75
	o P16-1364_08 AVON-1 Avon (Brick) - Plots 42 and 43
	o P16-1364_08 SOM-2 Somerton (Stone) - Plot 56
	o P16-1364_08 SOM 1 Somerton (Brick) - Plot 78
	o P16-1364_08 CAL-1 Calder V2 (Brick) - Plot 79 
	o P16-1364_08 CAL-2 Calder V2 (Stone) - Plot 80
	o P16-1364_08 RAD Radley V1 (Stone) - Plots 76, 84, 91 and 93
	o P16-1364_08 CALD 1 Caldwick (Brick) - Plots 40, 41 and 90
	o P16-1364_08 CALD 2 Caldwick (Stone) - Plots 66, 67, 81, 85 and 92
	o P16-1364_08 CALD 3 Caldwick Floor Plans
	o P16-1364_08 TIN Tindall (Brick) - Plots 39, 44, 88 and 89
	o P16-1364_08 ADD-1 Adderbury (Brick) - Plots 38 and 45
	o P16-1364_08 ADD-2 Adderbury (Stone) - Plots 86 and 87
	o P16-1364_08 ADD-3 Adderbury Floor Plans
	o P16-1364_08 AH2B-1 AH2B (Brick) - Plots 46, 47, 52, 53 and 58
	o P16-1364_08 AH3B-1 AH3B (Brick) - Plots 48, 49, 50 and 51
o P16-1364_08 AH2B LTH* (Brick) - Plot 59
	o P16-1364_08 AH2B WC (WHGD) (Brick) - Plot 60
	o P16-1364_08 AH3B LTH* (Brick) - Plots 61 and 62
	o P16-1364_08 GAR-1 Single and Double Garages (Brick)
	o P16-1364_08 GAR-2 Single and Double Garages (Stone)
	o P16-1364_08 GAR-3 Single and Double Gable Fronted Garages (Brick)
	o P16-1364_08 GAR-4 Single and Double Gable Fronted Garages (Stone)
	o P16-1364_08 GAR-5 Triple Garage
	o P18-1568_07C Materials Plan - Phase 2
	o P18-1568_10BC Adoption Strategy - Phase 2
	o P18-1568_12C Boundaries and Surfaces - Phase 2
	o P18-1568_13B Affordable Housing - Phase 2
	o P18-1568_14C Parking Strategy - Phase 2
	o UTC-0225-P04-TPP-E Tree Protection Plan
	o CNSD_104-T1 Front entrance and standard canopy details
	o CNSD_112 Meter Boxes
	
	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	No development shall commence above slab level until a stone sample panel (minimum 1 sq m in size) has been constructed on site and inspected and approved in writing by the Local Planning Authority.  Thereafter, the external walls of Plots 56, 57, 66 - 77 inclusive, 80 - 87 inclusive, 91 - 95 inclusive, including the walls to the garages to those plots, and the means of enclosure to those plots (except where timber fences are explicitly shown on drawing P-18-1568 07 B) shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel and shall be retained as such thereafter.
	
	Reason - To ensure the satisfactory appearance of the completed development 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.

 3	No development shall commence above slab level until a sample of the brick to be used in the construction of the walls of certain plots as approved in writing by the Local Planning Authority pursuant to Condition 1 of this permission has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out fully in accordance with the sample so approved including the means of enclosure to those plots (except where timber fences are explicitly shown on drawing P-18-1568 07 B) and shall be retained as such thereafter.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 4	Notwithstanding the details submitted, and prior to the construction of any dwelling above slab level, an amended materials plan shall be submitted to and approved in writing by the Local Planning Authority, to show alternative roof materials for the development.  Thereafter the development shall be implemented fully in accordance with the approved details and shall be retained as such thereafter.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 5	No development shall commence above slab level until (a) a sample of the slate to be used in the construction of the roofs of certain plots as approved in writing by the Local Planning Authority pursuant to Conditions 1 and 4 of this permission, (b) a sample of the roof tile to be used in the construction of the roofs of certain plots and (c) a sample of the stone sills and headers have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out fully in accordance with the samples so approved and shall be retained as such thereafter.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 6	Notwithstanding the details submitted no development shall commence on site until details of the existing and proposed ground levels and finished floor levels of the development have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be implemented fully in accordance with the approved details.
	
	Reason - To ensure and retain the satisfactory appearance of the completed development and to safeguard the living conditions of neighbouring residents and future occupiers of the development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 7	Notwithstanding the details submitted, and prior to the construction of any dwelling above slab level, full details of the fenestration and architectural details of the dwelling(s), including heads, cills, lintels, eaves and verges, and positions of meter boxes, shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be implemented fully in accordance with the approved details and shall be retained as such thereafter.
	
	Reason - To ensure and retain the satisfactory appearance of the completed development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and the Cherwell Residential Design Guide 2018 and Government guidance contained within the National Planning Policy Framework.

 8	Notwithstanding the details submitted, and prior to the commencement above slab level of the development hereby approved, and notwithstanding the submitted details, a schedule of chimneys to all plots and the full design details of those chimneys shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be implemented fully in accordance with the approved details and shall be retained as such thereafter.
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 9	Notwithstanding the details submitted, and prior to the construction of any dwelling above slab level, an amended plan for bin collection points shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be implemented fully in accordance with the approved details and shall be retained as such thereafter. 
	
	Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

10	Notwithstanding the details submitted, and prior to the construction of any dwelling above slab level, revised proposals for Plot 60 shall be submitted to and approved in writing to meet the Council's identified local housing need requirements and to comply with the terms of the outline permission for this development.  Thereafter the development shall be implemented fully in accordance with the approved details, and shall be retained as such thereafter unless otherwise agreed in writing by the local planning authority.
	
	Reason - To ensure a satisfactory mix of housing types to meet local housing need and to comply with Policies BSC3 and BSC4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

11	Prior to the commencement above slab level of the development hereby approved, and notwithstanding the submitted details, a landscaping scheme shall be submitted to and approved in writing by 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 pavements, pedestrian areas, reduced-dig areas, crossing points and steps,
	(d)      details of means of enclosure within the development, including the perimeter of the site.
		            
	The development shall be carried out fully in accordance with the approved details, and the hard landscaping elements shall be retained as such thereafter.
	
	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 Policies SLE4, BSC10, ESD1 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

12	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 ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

13	Notwithstanding the details submitted the walls providing footpath- or highway-facing means of enclosure to Plots 38, 40, 41, 58, 59, 63 and 78 shall be constructed from and faced only in brick and shall be retained as such thereafter.
	
	Reason - To ensure the satisfactory appearance of the completed development 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.

14	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending those Orders with or without modification), and with the exception of Plot 87, no development within Schedule 2 Part 1 Classes A - E (inclusive) shall take place on the dwellinghouses hereby permitted or within their curtilage.
	
	Reason - To ensure and retain the satisfactory appearance of the completed development and to safeguard the living conditions of neighbouring residents and future occupiers of the development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

15	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending those Orders with or without modification), no additional windows, doors or any other openings shall be inserted in any dwelling at first floor level or above.
	
	Reason - To safeguard the living conditions of neighbouring residents and future occupiers of the development and the character and appearance of the development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

16	Before the respective dwelling is first occupied the south-western side facing windows at first floor level of Plots 38 and 44, the side facing windows at first floor level of Plots 39, 54, 55, 68, 69, 70, 73, 74, 75, 77, 82, 83 and 86, the side facing window serving bedroom 1 at first floor level in Plots 41, 66, 67, 85, 90 and 92, the landing window at first floor level of Plots 56, 94 and 95, all north-western facing windows at first floor level of Plots 57 and 78, the side facing window at first floor level of Plot 60 and the north-east facing window serving an en suite bathroom at first floor level of Plot 76 shall be glazed with obscure glass (at least Level 3) only and fixed with a ventilation stay restricting the opening of the window to no more than 30 degrees from the elevation in question, and must be permanently maintained as such at all times thereafter.
	
	Reason - To safeguard the living conditions of neighbouring residents and future occupiers of the development 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.

17	Before the respective dwelling is first occupied all first floor openings identified on the plans listed in Condition 1 of this permission to be obscurely glazed, that is all bathrooms and en suite bathrooms, shall be glazed with obscure glass (at least Level 3) only and, unless fixed shut, fixed with a ventilation stay restricting the opening of the window to no more than 30 degrees from the elevation in question, and must be permanently maintained as such at all times thereafter.
	
	Reason - To safeguard the living conditions of neighbouring residents and future occupiers of the development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

18	Unless approved by virtue of Condition 1, no walls, gates, fences or planting shall be erected or allowed to grow on or adjacent to the highway boundary exceeding 0.9 metres in height above the level of the adjacent carriageway.
	
	Reason: To afford adequate visibility at the access/junction and to cater for the expected volume of traffic joining the existing highway network and in the interests of highway safety, and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

19	Prior to the first occupation of each dwelling hereby permitted, the cycle parking facilities shall be provided for that dwelling in accordance with the details hereby approved. Thereafter, the cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.
	
	Reason - In the interests of sustainability, to ensure a satisfactory form 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.

20	Prior to the first occupation of each dwelling hereby permitted, the car parking provision shown on the approved plans for that dwelling shall be constructed and made available for use and shall be retained thereafter for this purpose on a permanent basis.
	
	Reason - In the interests of sustainability, to ensure a satisfactory form 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.

21	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending those Orders with or without modification), the garages hereby approved for Plots 68, 69, 70, 71, 72, 73, 74, 75, 94 and 95 shall not be converted to habitable accommodation.
	
	Reason: To safeguard the character of the area and the amenity of future occupiers and in the interest of highway safety and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

INFORMATIVE NOTES TO APPLICANT

 1	Consent has been granted subject to conditions. It is the developer's responsibility to ensure that they have read and understood the requirements of the conditions, and that they comply with the conditions when carrying out the development. If you are unclear about what is required, please contact the case officer for further advice.
	
	In some cases conditions require further details to be submitted and approved by the Local Planning Authority. You will need to make a formal application to the Council for approval of these details, and you need to allow up to 8 weeks (following receipt of a valid application) for the Council to make a decision on the acceptability of the details. This is particularly important where a condition requires further details to be approved before any work commences as any work carried out before those details have been approved would be unauthorized and at risk of planning enforcement action.
	
	The conditions application fee is £116.  The fee is payable each time a conditions application is made. You can include multiple conditions in one application, and this can be more cost and time effective than submitting details for each condition separately.
	
	Guidance on making an application is available online on the Council's website by going to http://www.cherwell.gov.uk/index.cfm?articleid=8983 

 2	The applicant will be aware that Plots 66 and 67 are at the lowest point of the site and are set lower than the land where the drainage attenuation is proposed.  The future occupiers of these dwellings, especially Plot 66, will be at risk of flooding at times of heaviest rainfall.  It will be the responsibility of the applicant or their agent(s) or successor(s) in title to ensure that the occupiers of those plots are not at risk of flooding during periods of extreme rainfall.  The applicant is advised that if satisfactory mitigation cannot be provided, which shall have first been agreed in writing by the Local Planning Authority, a revised layout for that part of the site may be required.

 3	With regard to Condition 9, the bin collection points shall be moved as follows: The bin collection point in the area of open space opposite Plot 82 to be relocated to the strip of land adjacent to Plot 81; the bin collection point in the area of open space close to Plot 85 to be relocated to the strip of land adjacent to Plot 85; the bin collection point in the highway opposite Plot 44 to be relocated to a position close by but which is off the highway, e.g. in the same manner as that close to Plot 39.  Others in the area of open space to be relocated in a similar manner to that outlined above.

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, creatively 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.