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.
The use of the land for the permitted purpose shall only take place for 5 years. The commencement date of the proposed use shall be notified to the Local Planning Authority prior to the use occurring. The development hereby permitted shall cease and any associated works of art shall be removed from the site, and the land shall be reinstated to its condition prior to the use first commencing, within 5 years of the date of first use as notified to the Local Planning Authority.
A land reinstatement scheme shall be submitted for the consideration of the Local Planning Authority not later than 4 months before the end date of the approved use and shall be implemented within 2 months of the date of approval of the scheme by the Local Planning Authority, if the approval should come after the 5 year end, or within 2 months of the 5 year date in any other case.
Reason: In order that the effect of the development on the amenities of the neighbouring area, the setting of the Grade II Listed church and the Little Milton Conservation Area and the openness of the Green Belt can be assessed during this period, and that any future application can be decided on this assessment in accordance with Policies STRA6, DES1, DES2, DES6, ENV6, ENV7, ENV8 South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans, 5680/SP/L1a, 5680/SP/A2, 5680/SPA/IND3c,5680/spa/Sculpturefield 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.
That prior to the installation of any work of art that exceeds the limits which follow, details of its nature, size and proposed location on the site shall have first been agreed in writing by the Local Planning Authority.
- A work of art that has a ground coverage (or vertical ground shadow at its outward limits) of greater than 12.5sqm and a height greater than 3.65m,
- A work of art that is made up of unattached parts/components unless all elements of the work of art will be within 20m of all other parts/components of that work of art.
No piece exceeding these limits shall be displayed on the site without consent as specified in this condition.
Reason: To protect the setting of the Grade II Listed church and the Little Milton Conservation Area in accordance with policies ENV6, ENV7 and ENV8 of the South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
No more than 18 works of art shall be displayed on the sculpture field (see drawing 5680/SPA/sculpturefield) and no more than 2 works of art shall exceed 5 metres in height.
Reason: To protect the setting of the Grade II Listed church and the Little Milton Conservation Area in accordance with policies ENV6, ENV7 and ENV8 of the South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
No more than 1 work of art shall sit in the sculpture field (see drawing 5680/SPA/sculpturefield) within 100m of the Church of St James.
Reason: To protect the setting of the Grade II Listed church and the Little Milton Conservation Area in accordance with policies ENV6, ENV7 and ENV8 of the South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
No pieces shall be displayed or vehicles parked within the 'No Display Zone' and no more than one piece shall be displayed in the '12ft Zone' as shown on approved plan 5680/SP/IND3c. Any piece located within the 12ft zone shall not exceed 3.65m in height.
Reason: To protect the setting of the Grade II Listed church and the Little Milton Conservation Area in accordance with policies ENV6, ENV7 and ENV8 of the South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
The total days the development is open to the public shall be limited to 78 days in any calendar year.
Reason: In order that the effect of the development on the amenities of the neighbouring area, the setting of the Grade II Listed church and the Little Milton Conservation Area and the openness of the Green Belt and impact on highway safety can be assessed during this period, and that any future application can be decided on this assessment in accordance with Policies STRA6, DES1, DES2, DES6, ENV6, ENV7, ENV8 and TRANS5 South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
Public admission shall only take place on Thursdays, Fridays and Saturdays between the hours of 1000-1730 unless otherwise agreed in writing by the Local Planning Authority.
Reason: In order that the effect of the development on the amenities of the neighbouring area, the setting of the Grade II Listed church and the Little Milton Conservation Area and the openness of the Green Belt and impact on highway safety can be assessed during this period, and that any future application can be decided on this assessment in accordance with Policies STRA6, DES1, DES2, DES6, ENV6, ENV7, ENV8 and TRANS5 South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
That public access to the site shall be made available in accordance with the scheme outlined in the application and a record of days when the sculpture park has been visited shall be logged and made available to the LPA at the end of each season.
Reason: In order that the effect of the development on the amenities of the neighbouring area, the setting of the Grade II Listed church and the Little Milton Conservation Area and the openness of the Green Belt and impact on highway safety can be assessed during this period, and that any future application can be decided on this assessment in accordance with Policies STRA6, DES1, DES2, DES6, ENV6, ENV7, ENV8 and TRANS5 South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
Except for on 14 days each calendar year there shall be no parking of any more than one vehicle on the sculpture field (as shown on drawing 5680/SPA/Sculpturefield) except for maintenance vehicles. No visitors cars shall be left on the sculpture field outside of the public admission hours as specified in condition 9.
Reason: To protect the setting of the Grade II Listed church and the Little Milton Conservation Area in accordance with policies ENV6, ENV7 and ENV8 of the South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
That there shall be no illumination of any art works on the sculpture field at any time unless that has been agreed in advance by the Local Planning Authority.
Reason: To protect the setting of the Grade II Listed church and the Little Milton Conservation Area in accordance with policies ENV6, ENV7 and ENV8 of the South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
On days when the facility is open to the public, visitor entry signage shall be displayed in accordance with the signage scheme dated 26 August 2022.
Reason: To protect the setting of the Grade II Listed church and the Little Milton Conservation Area, the amenities of the occupants of nearby properties and highway safety in accordance with policies DES1, DES2, DES6, ENV6, ENV7, ENV8 and TRANS5 of the South Oxfordshire Local Plan 2035 and policies LM4 and LM9 of the Little Milton Neighbourhood Plan.
Installations of pieces and/or removals of pieces shall not occur during December, January, February or March.
Reason: To prevent the tracking out of materials onto the highway in the interests of highway safety and to protect the amenities of the occupants of nearby properties in accordance with Policies DES6 and TRANS5 of the South Oxfordshire Local Plan 2035.
Any gates provided shall be set back a minimum of 5.0 metres from the back of the footway and shall open inwards into the site.
Reason: To ensure that vehicles may wait clear of the carriageway or footway while the gates are opened or closed in the interests of highway safety in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.