Conditions / Refusal Reasons
The development to which this permission relates shall begin by 21 January 2023.
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:
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Tree Protection Plan - July 2019.
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.
The development shall be constructed in accordance with the external materials and finishes approved by the local planning authority via discharge of condition application P21/S3135/DIS .
Reason: To ensure the development is compatible with its surroundings, to protect the rural character and appearance of the area in accordance with policies DES1 and DES2 of the South Oxfordshire Local Plan 2035 and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016-2032.
Prior to any demolition and the commencement of the development a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To enable an appropriate level of archaeological investigation of the area including excavation and recording, post excavation analysis and the publication of results in accordance with policy ENV9 South Oxfordshire Local Plan 2035.
Following the approval of the Written Scheme of Investigation referred to in condition 4 and prior to any demolition on the site and the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation.
The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority. The brief shall include the recording of any archaeological features revealed, limited archaeological excavation and the retrieval of artefactual evidence.
Reason: To secure the protection of and proper provision for any archaeological remains in accordance with policy ENV9 South Oxfordshire Local Plan 2035.
Prior to the commencement of any site works (including demolition or site clearance) the tree protection measures set out in the submitted GHA Trees report (Reference GHA/DS/123260:19 - 25th July 2019) and approved plan no. Tree Protection Plan - GHA Trees - July 2019 shall be installed in full and shall be kept in place, in accordance with the approved details, during the entire construction period of the development.
Reason: To safeguard trees which are visually important in accordance with policies ENV1, DES1, and DES2 of the South Oxfordshire Local Plan 2035 and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016-2032.
The dwellings hereby approved shall not be occupied or brought into use until a scheme for the planting of trees and shrubs has been carried out within each plot in accordance with written details that shall first be submitted to and approved in writing by the local planning authority. The written details shall include:
- Details of the species, locations and numbers of all trees, shrubs and hedges to be planted (to specifically include a combination of trees and hedgerow to replace the conifer hedgerow skirting the western site boundary, and to include multiple long-lived, large canopy tree species across the site);
- Written planting and future maintenance specifications;
- Plan showing all trees/hedges to be retained within each plot;
- Plan showing all trees/hedges to be removed within each plot.
In the event of any of the trees, shrubs or hedges planted as part of the approved scheme dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree, shrub or hedge of equivalent number and species, or of a species and number as first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.
Reason: To help to assimilate the development into its surroundings and to protect the rural character of the area in accordance with policies ENV1, DES1, and DES2 of the South Oxfordshire Local Plan 2035 and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016-2032.
Prior to the occupation of the last dwelling to be constructed, a scheme for the planting of trees and shrubs shall be carried out within the 10-metre wildlife buffer strip (running along the eastern site boundary) hereby approved, in accordance with written details that shall first be submitted to and approved in writing by the local planning authority. The written details shall include:
- Details of the species, locations and numbers of all trees, shrubs and hedges to be planted, specifically relating to the wildlife buffer;
- written planting and future maintenance specifications;
- Plan showing all trees/hedges to be retained within the buffer strip;
- Plan showing all trees/hedges to be removed from the buffer strip.
In the event of any of the trees, shrubs or hedges planted as part of the approved scheme dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree, shrub or hedge of equivalent number and species, or of a species and number as first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.
Reason: To help to assimilate the development into its surroundings, to protect the rural character of the area and to enhance the biodiversity of the development in accordance with policies ENV1, DES1, and DES2 of the South Oxfordshire Local Plan 2035, and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016-2032.
The development hereby permitted shall be implemented in accordance with the Recommendations in Chapter 5.5 of the Phase 1 Habitats Survey Report (Ecoconsult Ltd October 2018) in all respects.
Prior to the first occupation of any of the dwellings hereby approved, a letter of compliance from the project ecologist shall be submitted to and approved in writing by the Local Planning Authority. The letter shall provide evidence to demonstrate that the mitigation has been implemented in full in accordance with the approved report.
Reason: To avoid a net loss of biodiversity in accordance with policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035 and paragraphs 174 and 180 of the NPPF.
The development shall be constructed in accordance with the approved Construction Traffic and Environmental Management Plan (CTEMP) approved by the local planning authority via discharge of condition application P20/S2205/DIS.
Reason: In the interests of highway safety, to protect the occupants of nearby residential properties from noise and disturbance and to protect nearby listed buildings from excessive vibrations in accordance with polices TRANS2 and TRANS5 of the South Oxfordshire Local Plan 2035.
The dwellings hereby approved shall not be occupied or brought into use until hard-surfaced areas for the parking, turning of vehicles and access track have been constructed and laid out in full in accordance with detailed layout plans and a written schedule of surface materials (to include the level of permeability/porousness) that shall first be submitted to and approved in writing by the Local Planning Authority.
The number of off-road parking spaces to be provided to each plot shall be calculated in line with Oxfordshire County Council's 'Parking Standards For New Residential Developments' guidance document. Thereafter, the development shall be maintained in accordance with the approved details.
Reason: To ensure the development is served by sufficient off-road parking and turning areas in the interests of highway safety and the amenities of future occupiers of the dwellings in accordance with policies TRANS2 and TRANS5 of the South Oxfordshire Local Plan 2035, and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016-2032.
The extended village car park, hereby approved and to be transferred to and managed by the Parish Council, shall not be brought into use until it has been hard-surfaced, connected to a surface water disposal system and a site planting scheme has been carried out in accordance with full details that shall first be submitted to and approved in writing by the local planning authority. The written details shall include:
- a written schedule of surface materials, to include the level of permeability/porousness, a photographic example of the material and manufacturer/product name;
- a car park layout plan showing the numbers of parking spaces, locations of surface materials and planting areas;
- details of the species of any trees/shrubs to be planted including planting and maintenance specifications;
- surface water drainage details to include details of the system compliance with the SUDS hierarchy.
Thereafter the development shall be maintained in accordance with the approved details and the car park kept available for use as a public car park at all times.
Reason: To help to assimilate the development into its surroundings and to ensure additional public parking for the village is secured in the interests of improving the social and economic conditions of the rural village in accordance with policies DES1, DES2, TRANS2 and TRANS5 of the South Oxfordshire Local Plan 2035, and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016-2032.
Prior to the occupation of the last dwelling to be constructed, the access adjacent to the boundary of Plot 4 and Woodley Cottage shall be provided with visibility splays, constructed and completed in accordance with detailed plans and written specifications that shall first be submitted to and approved in writing by the local planning authority. Thereafter, the site access shall be maintained in accordance with the approved details and the vision splays shall not be obstructed by any object, structure, planting or other material with a height exceeding or growing above 0.6 metres as measured from carriageway level.
Reason: To ensure safe access to the development is provided in the interest of highway safety in accordance with policies TRANS2 and TRANS5 of the South Oxfordshire Local Plan 2035.
Notwithstanding the submitted details or the provisions of Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), the dwellings hereby approved shall not be occupied or brought into use until means of enclosure have been erected around the site and between each plot in accordance with full details that shall first be submitted to and approved in writing by the local planning authority. Thereafter the development shall be maintained in accordance with the approved details.
Reason: To help to assimilate the development into its surroundings and to protect the rural character of the area in accordance with policies DES1 and DES2 of the South Oxfordshire Local Plan 2035, and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016-2032.
The developer shall confirm in writing to the Local Planning Authority the presence of any unsuspected contamination encountered during the development. In the event of any contamination to the land and/or water being encountered, no development shall continue until a programme of investigation and/or remedial works to include methods of monitoring and certification of such works undertaken has been submitted to and approved in writing by the local planning authority.
Reason: To ensure that any ground, water and associated gas contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use in accordance with policy ENV11 of the South Oxfordshire Local Plan 2035.
The dwellings hereby approved shall not be occupied or brought into use until each plot has been connected to drainage systems for the disposal of foul and surface water in accordance with full details that shall first be submitted to and approved by the Local Planning Authority. The details shall demonstrate compliance with the Sustainable Urban Drainage System hierarchy.
Thereafter the development shall be maintained in accordance with the approved details.
Reason: To prevent pollution and increased risk of flooding to the adjacent land in accordance with policy EP4 of the South Oxfordshire Local Plan 2035.
No footway lighting system, highway lighting system or floodlighting shall be installed in the development.
Reason: To safeguard the rural setting of the development and the setting of heritage assets located close to the site in accordance with policy ENV1 of the South Oxfordshire Local Plan 2035.
Notwithstanding the provisions of Schedule 2, Part 1, Classes A, B and E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or the equivalent provisions of any order revoking and re- enacting that Order), there shall be no extensions to the dwellings, or outbuildings constructed within the domestic curtilages hereby permitted, without planning permission first being sought and granted by the local planning authority.
Reason: To prevent a future overdevelopment of the site, to protect the special character of the conservation area and settings of nearby listed buildings in accordance with the provisions of policies ENV1, DES1 and DES2 of the South Oxfordshire Local Plan 2035, and policies BCS4, BCS7, BCS9, BCS10, BCS12 and BCS15 of the Brightwell Cum Sotwell Neighbourhood Plan 2016- 2032.