Description
Minor material amendments to planning permission P10/W1752 (Demolition of existing dwellings and associated ancillary buildings. Construction of five detached replacement dwellings. Creation of three new vehicle and one new pedestrian gates through existing boundary wall). As amended and clarified by letter and drawings BS223 211B, 210B, 111B, 110B received from the Agent dated 10th July 2012 and as amended by revised site plan drawing BS223-000A and as clarified by written scheme of investigation accompanying Agent's email dated 10 July 2012 & aas amplified by drawing no BS223 -02D showing proposed landscaping buffer zone details and drawing nos BS223-100B, 200B, 300A, 400A and 500A showing surface and foul water drainage details accompanying Agent's email dated 27 June 2012 & as amplified by Aboricultural method statement, tree protection details and contaminated land questionnaire accompanying Agent's email dated 22 June 2012 & as amended by drawing nos BS223-110B and BS223-102B accompanying agent's email dated 17 August 2012 & as amended by drawing nos BS223-100A and BS223-110A accompanying agent's email dated 22 August 2012). As clarified by additional drainage information received on 7 September 2012.
Conditions / Refusal Reasons
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.
Reason: By virtue of Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans, BS223-000, BS223-002C, BS223-003B, BS223-004B, BS223-005A, BS223-001, BS223-100A, BS223-101A, BS223-102A, BS223-200A, BS223-201A, BS223-202A, BS223-300, BS223-301, BS223-302, BS223-310, BS223-311, BS223-400, BS223-401, BS223-402, BS223-410, BS223-411, BS223-500, BS223-501, BS223-502, BS223-510 and BS223-511, except as controlled or modified by conditions of this permission.
Reason: To secure the proper planning of the area in accordance with Development Plan policies.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), the enlargement, improvement or other alteration of any dwellinghouse as described in Schedule 2, Part 1, Class A of the Order shall not be undertaken without the prior written permission of the Local Planning Authority.
Reason: To ensure the Local Planning Authority retains control over any future development as specified in the condition in the interests of amenity and in accordance with Policies G2 and D1 of the South Oxfordshire Local Plan 2011.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) the provision within the curtilage of the dwelling of any building, enclosure or swimming pool as described in Schedule 2, Part 1, Class E of the Order shall not be undertaken without the prior written permission of the Local Planning Authority.
Reason: To ensure the Local Planning Authority retains control over any future development as specified in the condition in the interests of amenity and in accordance with Policies G2, D1 and D4 of the South Oxfordshire Local Plan 2011.
Withdrawal of P.D. (Part 2 Class A) - no walls, fences etc
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking or re-enacting that Order) the erection or construction of gates, fences, walls or other means of enclosure as described in Schedule 2, Part 2, Class A of the Order shall not be undertaken without the prior written permission of the Local Planning Authority.
Reason: To ensure the Local Planning Authority retains control over any future development as specified in the condition in the interests of amenity and in accordance with Policies G2 and D1 of the South Oxfordshire Local Plan 2011.
That, the existing boundary wall shall be repaired where necessary and retained and all new works and works of making good to the retained fabric of the wall shall be finished to match the adjacent work with regard to the methods used and to material, colour, texture and profile.
Reason: To safeguard the character of the area in accordance with Policy C2 of the South Oxfordshire Local Plan 2011.
That all the existing dwellings specified in the original application (P10/W1752) to be demolished shall be demolished within six months of the first occupation of the first new dwelling hereby permitted.
Reason: To ensure satisfactory comprehensive development in accordance with Policies G2 and D1 of the South Oxfordshire Local Plan 2011.
Prior to the first occupation of the development, the parking and turning areas shall be provided in accordance with the approved plan BS223/002C and shall be constructed, laid out, surfaced (bound material), drained and completed, and shall be retained unobstructed except for the parking of vehicles at all times.
Reason: In the interests of highway safety and in accordance with Policies T1 and T2 and Appendix 5 (Car Parking Standards) of the South Oxfordshire Local Plan 2011.
Any introduced manoeuvring area surfacing used shall be installed to be compliant with Sustainable Drainage (SuDS) regulations. Any unbound material used in production of any manoeuvring space shall be retained on site through some mechanism to be submitted for approval to the LA and shall be constructed, laid out, surfaced drained and completed in accordance with approved plans.
Notwithstanding the details shown on the tree protection plan, drawing no. DS10061101.01, the service trench shall run as close to the line of the wall as possible (not 1 metre out from the wall as shown)and shall be hand dug within the root protection areas. Any deviation from this strategy shall be agreed with the Local Planning Authority.
The tree protection measures shown on drawing no. DS10061101.01 and detailed in the arboricultural report shall be put in place prior to the commencement of development and shall remain in place throughout the construction to ensure continuing compliance with the protective measures specified.
Reason: To safeguard trees which are visually important in accordance with Policies C9 and D1 of the South Oxfordshire Local Plan 2011.
The watching brief shall be carried out as described in the written scheme of investigation prepared by Thames Valley Archaeological Services dated 18 May 2012 Ref: 12e74wb unless otherwise agreed in writing by the Local Planning Authority.
Reason: To safeguard the recording and inspection of matters of archaeological importance on the site in accordance with Policy CON12 of the adopted South Oxfordshire Local Plan.
The exterior of the development hereby permitted (Plots 1 and 2) shall only be constructed in the materials shown in the photographs accompanying the Agent's email dated 31 August 2012 hereby approved unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of the appearance of the development and in accordance with Policy D1 of the South Oxfordshire Local Plan 2011.
The landscaping scheme for the courtyard and patio areas on Plots 1 and 2 scheme shall be implemented as shown on drawing nos BS223 -100B and BS223 - 200B accompanying Agent's email dated 20 August 2012 within 12 months of the commencement of the approved development and thereafter be maintained in accordance with the approved scheme. In the event of any of the trees or shrubs so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree or shrub or equivalent number of trees or shrubs, as the case may be, shall be planted.
Reason: To help to assimilate the development into its surroundings in accordance with Policies C9 and D1 of the South Oxfordshire Local Plan 2011.
The dwellings on plot 1 and 2 shall not be occupied until a scheme for the provision and management of a buffer zone alongside the lake has been submitted to and agreed in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local
planning authority.
Reasons: Land alongside lakes is particularly valuable for wildlife and it is essential this is protected. Development that encroaches on lakes has a potentially severe impact on their ecological value. This is contrary to government policy in Planning Policy Statement 1 and Planning Policy Statement 9 and to the UK Biodiversity Action Plan. Article 10 of the Habitats Directive also stresses the importance of natural networks of linked corridors to allow movement of species.
If contamination is found to be present on the site during the course of construction of the dwellings on plots 1 and 2 then no further development shall be carried out until the following measures have been undertaken and approved in writing by the Local Planning Authority. An investigation into the nature and extent of the contamination in line with BS 10175: 2001(Investigation of potentially contaminated sites - code of practice). This report shall detail the works undertaken to investigate the nature and extent of the contamination and the measures proposed to remediate the site and validate the works. Following written approval form the Local Planning Authority of the remediation and validation proposals they shall be completed in full and a validation report submitted to and approved in writing by the Local Planning Authority before the development is occupied.
Reason: The site is unlikely to be contaminated given the results of the contaminated land questionnaire. However, in the event that contaminants are found during construction the condition will ensure that risks from land contamination to future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EP8 of the South Oxfordshire Local Plan 2011.