Planning Application Details

P22/S3245/S73Application Type: Section 73 (Show Map - opens in new window)
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Application registered
Consultation period
Application under consideration
Decision made
Description
Application under S73 of the Town and Country Planning Act 1990 to vary conditions 16 (Surface Water Drainage), 17(Foul Drainage) and 18 (Sustainable Drainage Scheme) on application P17/S4415/FUL. (Relocation of Thame Livestock Market with buildings to accommodate agricultural sales, lairage, administrative offices, welfare facilities, business units, and associated external works to include highway access, roadways, vehicle parking, vehicle washing and other ancillary works)
Location
Land off Rycote Lane Christmas Hill Rycote Lane Thame OX9 2BY
Grid Reference
468567/205345
Applicant
Thame Farmers Auction Mart Ltd
c/o Agent
OX9 3EW
Agent
JCPC Ltd
5 Buttermarket
Thame
OX9 3EW
Case Officer
Amanda Rendell
Telephone: 01235 422600
Email: planning@southoxon.gov.uk
Consultation / Notification
No further Representations on this application will be accepted.

Consultations / Notifications to date are shown below.

Name / Number
Date Sent
Response Date
 
Great Haseley Parish Council
c/o Andrea Oughton
30 Rectory Meadow
Chinnor
Oxfordshire
OX39 4PJ
09 09 2022
12 10 2022
 
Thame Town Council
Mandy Sturdy
Town Hall
High Street
THAME
Oxon
OX9 3DP
09 09 2022
28 09 2022
 
Drainage - (South&Vale)
09 09 2022
07 10 2022
 
Forestry Officer (South and Vale)
09 09 2022
09 12 2022
 
Oxfordshire County Council - Single Response
09 09 2022
20 10 2022
 
Manor Farm
North Weston
Thame
OX9 2HG
08 09 2022
 
Application Type
Major (Section 73)
Application Progress
Date Received  
5th September 2022
Registration Date  
5th September 2022
Start Consultation Period  
8th September 2022
End Consultation Period  
13th October 2022
Target Decision Date  
3rd February 2023
Decision
Planning Permission on 3rd February 2023
Conditions / Refusal Reasons
That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans: · Proposed Site Plan: 100 Rev P6 · Location Plan and Existing Site Survey: AL (90) 01 Rev D · Proposed Site Block Plan: AL (p) 01 Rev J · Proposed Market Building Elevations: AL (P) 05 Rev b · Proposed External Site Structures: AL (P) 06 Rev A · Proposed Market Building First Floor Plan: AL (P) 03 Rev A · Proposed Market Building Ground Floor Plan: AL (P) 02 Rev C · Landscaping Planting Plan: WC307/P1 Rev C · Proposed Market Building Roof Plan: AL (P) 08 Rev A · Proposed Market Building Sections 1-1, 2-2, 3-3, 4-4: AL (P) 04 Rev B · Proposed and Existing Site Sections: AL (P) 07 Rev C · Land Usage Plan: AL(p) 09 · Visibility Splay and Redline Amendment: OX5014M-DR-013 · Artic Vehicle Access Strategy: OX5014M-DR-004 Rev A · Refuse Vehicle Access Strategy: OX5014M-DR-002 Rev A · Visibility Splay Right Hand Turn Arrangement: OX5014M-DR-006 Rev A · Articulated Vehicle Access Strategy (In and Out): OX5014M-DR-010 Rev A · Fire Tender Access Strategy(In & Out): OX5014M-DR-007 Rev A · Refuse Vehicle Access Strategy (In & Out): OX5014M-DR-008 Rev A · Rigid Vehicle Access Strategy (In & Out): OX4014M-DR-009 Rev A 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.

Prior to the commencement of above ground works on any of the buildings, hereby approved, a schedule of all external finishes and materials 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: In the interests of the visual appearance of the development and to help to assimilate the development into its surroundings in accordance with Policies DES1, DES2, DES7, ENV1 and STRAT1 of the South Oxfordshire Local Plan 2035.

Prior to the first use of the livestock market details of any signage to be provided shall be submitted to and approved in writing by the Local Planning Authority. Reason: That control over signage is considered to be required to ensure that the visual impact of the development is controlled whilst still allowing adequate direction for users of the facility in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.

Prior to the commencement of above ground works on any part of the development, hereby permitted, a scheme for the landscaping of the site, including the planting of live trees and shrubs, the treatment of the access road and hard standings, and the provision of boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented prior to the first use of 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, of a species 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 in accordance with Policies DES1,DES2, DES7, ENV1, STRAT1 of the South Oxfordshire Local Plan 2035.

The development shall be fully carried out in accordance with the following Preliminary Risk Assessment listed below and approved in accordance with the requirements of Condition 6 of P17/S4415/FUL under P22/S3246/DIS on 4 October 2022: · Listers GEO Geotechnical and Geoenvironmental Consultants Ground Investigation, Thame Farmers Auction Mart Ltd, New Cattle Market, Rycote Lane, Thame, OX9 2HF Report No: 20.06.020 September 2020 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 DES7 of the South Oxfordshire Local Plan 2035.

Evidence that the development is registered with a BREEAM certification body and a final certificate indicating that the development has achieved the stipulated BREEAM level 'Excellent' shall be submitted to the local planning authority within 6 months of the first use of the development. Reason: To ensure high standards of sustainable design and construction in accordance with Policy DES8 of the South Oxfordshire Local Plan 2035.

Prior to the first operational use of the livestock market, three rapid Electric Vehicle Charging Points shall be provided within the public parking area, unless otherwise agreed in writing by the Local Planning Authority. Reason: To provide measures which contribute to the use of sustainable transport modes and provide facilities for charging plug-in and other ultra-low emission vehicles and address issues of adaptation to climate change, in accordance with paragraph 107 of the NPPF, and Policy EP1 of the South Oxfordshire Local Plan 2035.

Cycle parking facilities shall be provided in accordance with the details shown on drawing Proposed Site Plan 100 P6, in addition to shower, washing and changing facilities for cyclists, prior to the first operational use of the development hereby approved. Thereafter, the cycle parking and washing facilities shall be retained as approved. Reason: To encourage the use of cycles as a means of transport in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.

Prior to the first operational use of the livestock market, the parking spaces and turning areas indicated on drawing Proposed Site Plan 100 Rev 6, shall be implemented and maintained as such, unless otherwise agreed in writing by the Local Planning Authority. Such parking facilities shall be laid out, surfaced, drained and completed to be compliant with sustainable drainage (SuDS) principles in strict accordance with the approved details, prior to the first operational use of the livestock market hereby permitted. Reason: In the interests of highway safety and to ensure the provision of off-street car parking in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035

Prior to the first operational use of the livestock market, hereby permitted, the proposed means of access onto Rycote Lane indicated on drawing 'Access and Highways Plan AL 90 01 Rev D' is to be formed and laid out and constructed strictly in accordance with the local highway authority's specifications and all ancillary works specified shall be undertaken. Reason: In the interest of highway safety in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.

Prior to the first operational use of the livestock market, vision splays shall be formed, laid out and constructed in accordance with drawing 'Access and Highways Plan AL 90 01 Rev D'. The vision splays shall not be obstructed by any object, structure, planting or other material with a height exceeding or growing above 0.9 metres as measured from carriageway level. Reason: In the interest of highway safety in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.

Prior to the use of the development hereby permitted a Green Travel Plan shall be drawn up, and submitted to and approved in writing by the Local Planning Authority. Such plans shall include proposals for all travel by modes other than the private car for journeys to and from site. Reason: To promote the use of non car modes of transport in accordance with Policies TRANS5 and EP1 of the South Oxfordshire Local Plan 2035.

The development hereby permitted shall be carried out in accordance with the Construction Traffic Management Plan detailed below as approved under P22/S3418/DIS on 17 January 2023: · Construction Traffic Management Plan October 2022 (Rappor)- Land at Rycote Lane, Christmas Hill, Thame. · Site Compounds Plan Drawing number SK02 Rev A The approved plan shall be complied with throughout the site clearance and construction period. Reason: In the interests of highway safety, and to mitigate the impact of construction on the surrounding highway network, road infrastructure and local residents, in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.

Save for works in connection with the formation of a section of the approved roadway (to sub-base level) as denoted by the yellow rectangle on plan 100-P6, no development shall take place until the detailed surface water drainage design, based upon the principles outlined within Rolton Group Limited Flood Risk Report Vol 2, has been submitted to and approved in writing by the Local Planning Authority. Such details should include evidence of soakage testing in accordance with BRE 365. Thereafter the development shall be carried out in accordance with the approved details. Reason: To prevent pollution and flooding in accordance with Policy EP4 of the South Oxfordshire Local Plan 2035

Save for works in connection with the formation of a section of the approved roadway (to sub-base level) as denoted by the yellow rectangle on plan 100-P6, no development shall take place until the detailed foul water drainage design, based upon the detailed foul water drainage design based upon the principles outlined within Rolton Group Limited Foul and Effluent strategy Vol 3, has been 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 prevent pollution in accordance with Policy EP4 of the South Oxfordshire Local Plan 2035.

Save for works in connection with the formation of a section of the approved roadway (to sub-base level), as denoted by the yellow rectangle on plan 100-P6, no development shall take place until a sustainable drainage scheme, based upon the principles outlined within Rolton Group Limited Flood Risk Assessment and subsequent drainage reports, has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall include the following: -Site investigation information permeability testing and groundwater assessment; -Appropriate drainage calculations; -Detailed Suds proposals based on these including treatment of contaminated runoff; -Use of appropriate climate change allowance; -Flood exceedance routing; -Phasing/timetable for proposals; -Details of future maintenance and management of SUDS features. Reason: To prevent pollution and flooding in accordance with Policy EP4 of the South Oxfordshire Local Plan 2035.

Notwithstanding the details submitted on drawing 'External Lighting Isoline Plot 170377 RGL ZZ XX DR E 73 0001', external lighting will only be permitted in accordance with a lighting scheme to be submitted to and approved in writing by the local planning authority. Any such lighting shall be directed downwards to safeguard the rural landscape setting of the development and shall be turned on only during the operational hours of the livestock market or the ancillary uses directly associated with the livestock market, and shall remain off at all other times. Reason: To protect the appearance of the area, the environment and wildlife, and local residents from light pollution in accordance with Policy CSEN1 of the South Oxfordshire Core Strategy 2027 and Policy ENV12 of the South Oxfordshire Local Plan 2035.

Prior to the commencement of above ground works on any of the buildings, hereby approved, a programme of public art shall be submitted to and agreed in writing by the Local Planning Authority. The approved works shall be carried out in accordance with the approved programme and the Public Art Statement as set out in the Unilateral Undertaking accompanying this decision. Reason: To enhance the visual appearance of the site and contribute to a sense of place and identity, in accordance with policy DES1 of the South Oxfordshire Local Plan 2035.

No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's organisational licence (WML-OR27-2020-1) and with the proposals detailed on plan 'Site location/Application Boundary' (as per inset shown in Thame Livestock Market Relocation Land Usage Plan AL(p)09). Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence WML-OR27-2020-1, Policies ENV1, ENV2, and ENV3 of the South Oxfordshire Local Plan 2035, and paragraph 180 of the NPPF.

The development hereby permitted shall be carried out fully in accordance with the following documents as required under Condition 22 of P17/S4415/FUL and approved under P22/S3739/DIS on 8 December 2022: · NatureSpace Great Crested Newt District Licensing Scheme Certificate (dated 4 October 2022) · NatureSpace Great Crested Newt Best Practice Principles (March 2021) · NatureSpace Great Crested Newt Mitigation Principles (November 2021) · Land Usage Plan AL (p) 09 Reason: In order to adequately compensate for negative impacts to great crested newts, in accordance with Policies ENV1, ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.

No development hereby permitted shall take place except in accordance with Part 1 of the GCN Mitigation Principles, as set out in the District Licence WML-OR27-2020-1, and in addition in compliance with the following: ·Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians. ·Capture methods must be used at suitable habitat features prior to ground clearance or removal of such features (i.e. hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development). Reason: In order to adequately mitigate impacts on great crested newts, in accordance with Policies ENV1, ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.

That the commercial units hereby approved shall be no greater in area than the floorspace indicated on dwgno AL(p)02. Notwithstanding the provision of the Town and Country (General Permitted Development Order) 1995 (or any Order revoking or re-enacting that Order), the commercial units shall only fall within use classes A1 or A2, where the active use is ordinarily ancillary to the livestock market function as defined in the description of the proposal hereby approved. Reason: That permission is only granted because of the very specific economic needs associated with the agricultural development site, and to safeguard the viability and vitality of shopping areas in the vicinity, in accordance with policy EMP2 of the South Oxfordshire Local Plan 2035.

Prior to the first occupation of the commercial units indicated on drawing number AL(p)02, details of the businesses intending to occupy the units, shall be submitted to and approved in writing by the Local Planning Authority. Any further changes thereafter shall be notified in writing to the Local Planning Authority for approval within 28 days. Reason: That permission is only granted because of the very specific economic needs associated with the agricultural development site, and to safeguard the viability and vitality of shopping areas in the vicinity, in accordance with policy EMP2 of the South Oxfordshire Local Plan 2035.

The land and buildings shall be used solely as a livestock market and for purposes directly connected with the use as a livestock market, with administrative offices and commercial units to serve such. The office floor space and commercial units shall at no time be used other than for purposes ancillary to or in connection with these principal uses of the site/building. Notwithstanding the provision of the Town and Country (General Permitted Development Order) 1995 (or any Order revoking or re-enacting that Order), no ancillary development shall be undertaken without the prior written permission of the Local Planning Authority. Reason: That permission is only granted because of the very specific needs associated with the agricultural industry, and specific business and community needs in a rural area, and in accordance with paragraph 84 of the NPPF, and Policies STRAT1 and EMP10 of the South Oxfordshire Local Plan 2035.

That other than shown on the approved drawings, no additional mezzanine or other floors shall be inserted unless an application for such development has first been submitted to and approved in writing by the Local Planning Authority. Reason: That the permission is given in view of the special circumstances. The application advises that the use specified requires space for ventilation. Control over additional floors is required to ensure that the special need continues to be met by the building in accordance with Policies STRAT1 and DES7 of the South Oxfordshire Local Plan 2035.
Appeal
No appeal lodged.
Updates
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