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, 221141-PL-200 A, 221141-PL-105 C, 221141-PL-104 D, 221141-PL-107 D, 22-2048, 221141-PL-100 G, 221141-PL-102 B, 221141-PL-101 B, 221141-PL-103 B, 221141-PL-106 B, 713-FRA03G, P1120-01A, 22-0834 v1, 221141-SK-500, 221141-PL-002 A, 22-0835 v1 and 22-2049, 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.
No development shall commence until an Archaeological Written Scheme of Investigation prepared by a professional archaeological organisation and relating to the application site area has been submitted to and approved in writing by the Local Planning Authority.
Reason: To safeguard the recording of archaeological matters within the site in accordance with policy ENV9 of the South Oxfordshire Local Plan 2035 and paragraphs 194 and 195 of the NPPF.
No development shall commence, other than work in accordance with the agreed Written Scheme of Investigation until a staged programme of archaeological evaluation and mitigation has been 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. A full report for publication shall be submitted to and approved by the Local Planning Authority within two years of the completion of the archaeological fieldwork.
Reason: To safeguard the identification, recording, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with policy ENV9 of the South Oxfordshire Local Plan 2035 and paragraphs 194 and 195 of the NPPF.
No development shall commence until a Biodiversity Enhancement Plan (BEP) has been submitted to and approved in writing by the Local Planning Authority. The BEP shall relate to offsite land (Plan B Offsite Boundary) identified in the supporting Biodiversity Impact Assessment (March 2023, Ref: 21-2371, Version 3) and be consistent with the habitat creation proposals recorded in the supporting biodiversity metric assessment (01/03/2023).
The BEP should include:
a) Details of habitat creation or enhancements, including detailed planting plans;
b) Details of any species enhancements including relevant scale plans and drawings showing the location and type of features such as bat and bird boxes etc. as appropriate;
c) Method statement for site preparation (e.g. soil amelioration) and establishing target habitats;
d) Sources of habitat materials (e.g. plant stock) or species individuals;
e) Extent and location of proposed works;
f) Long term management work schedule (minimum 30 years), with monitoring and remediation provisions
Thereafter, the BEP shall be implemented and habitats maintained in accordance with the approved details. All habitats and features included within the BEP shall be successfully established within 3 years of the date of this permission. Following the successful establishment of habitats, photographic evidence and a statement from the project ecologist shall be submitted to and approved by the Local Planning Authority.
Reason: To secure a net gain for biodiversity, in accordance with policy ENV3 of the South Oxfordshire Local Plan 2035 and paragraphs 174 and 180 of the NPPF.
No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's Organisational Licence (WML-OR112, or a 'Further Licence') and with the proposals detailed on plan "Land to the west of the Green Impact plan for great crested newt District Licensing (Version 1)", dated 13th July 2023.
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 (WMLOR112, or a 'Further Licence'), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006.
No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR112, or a 'Further Licence'), confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the planning authority and the authority has provided authorisation for the development to proceed under the district newt licence. The delivery partner certificate must be submitted to this planning authority for approval prior to the
commencement of the development hereby approved.
Reason: In order to adequately compensate for negative impacts to great crested newts, and in line with section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006.
No development hereby permitted shall take place except in accordance with Part 1 of the Great Crested Newt Mitigation Principles, as set out in the District Licence WML-OR112 (or a 'Further Licence') 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 the commencement of the development (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).
- Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.
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 (WMLOR112, or a 'Further Licence'), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006.
No development shall commence, except for demolition and site clearance until approved samples of all materials to be used in the external construction and finishes of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of the visual appearance of the development in accordance with policies DES1 and DES2 of the South Oxfordshire Local Plan 2035.
No development above ground level shall commence, except for demolition and site clearance until a scheme for the landscaping of the site, including the planting of live trees and shrubs and the treatment of hard standings have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation or use of the development hereby approved and thereafter be maintained in accordance with the approved scheme. In the event any of the trees or shrubs planted die, or are 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, 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 ENV1, DES1 and DES2 of the South Oxfordshire Local Plan 2035.
No development above ground level shall commence, except for demolition and site clearance until details of all boundary walls, fences and any other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. All such approved means of enclosure shall be erected prior to the first occupation of the development.
Reason: In the interests of the visual appearance of the development in accordance with Policies DES1 and DES2 of the South Oxfordshire Local Plan 2035.
No windows shall be installed until details of the specification of the external glazing for all windows have been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, this condition requires the provision of a scheme to minimise visible light transmittance from inside to out. Thereafter, the glazing approved shall be installed and maintained in perpetuity in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the appearance of the area, the environment and wildlife, and local residents from light pollution in accordance with policy ENV1 of the South Oxfordshire Local Plan 2035.
No development shall commence, except for demolition and site clearance until a phased risk assessment has been submitted to and approved in writing by the local planning authority. The phased risk assessment must be carried out by a competent person in accordance with current government and Environment Agency Guidance and Approved Codes of Practice such as Land Contamination: Risk Management 2020 and BS10175:2011 +A2:2017 Investigation of potentially contaminated sites. Each phase shall be submitted to and approved in writing by the Local Planning Authority.
Phase 2 shall include a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors, and if significant contamination is identified to inform the remediation strategy. Phase 3 requires that a remediation strategy shall be submitted to and approved by the local planning authority to ensure the site will be rendered suitable for its proposed use.
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 line with the NPPF and policy ENV11 of the South Oxfordshire Local Plan 2035.
No development shall commence until a tree protection scheme which complies with the current edition of BS 5837: "Trees in relation to design, demolition and construction" has been submitted to and approved by the Local Planning Authority. The tree protection scheme shall include an arboricultural method statement and a tree protection plan. Thereafter the agreed measures shall be kept in place during the entire course of development.
Reason: To safeguard trees which are visually important in accordance with Policies ENV1, DES1, and DES2 of the South Oxfordshire Local Plan 2035.
No dwelling shall be occupied until all carbon reduction energy efficiency measures associated with the dwelling have been implemented in accordance with the energy statement and SAP calculations produced by SES Stansted Environmental Services hereby approved and a verification report shall be submitted to the local planning authority and approved in writing. The verification report shall demonstrate (with photographic evidence) that the energy efficiency measures have been implemented. These measures shall be retained and maintained as such thereafter in accordance with the energy statement and verification report.
Reason: To ensure high standards of sustainable design and construction in accordance with policy DES10 of the South Oxfordshire Local Plan 2035.
No dwelling shall be occupied until an Electric Vehicle Charging Point has been installed for that dwelling.
Reason: To ensure sustainable forms of transport are provided in accordance with policy TRANS5 of the South Oxfordshire Local Plan 2035.
No dwelling shall be occupied until the parking and turning areas have been provided in accordance with drawing no.221141-PL-100, Rev E. The parking and turning areas shall be constructed, laid out, surfaced, drained and completed to be compliant with sustainable drainage (SuDS) principles, and shall be retained unobstructed except for the parking of vehicles associated with the development at all times.
Reason: In the interests of highway safety and in accordance with policy TRANS5 of the South Oxfordshire Local Plan 2035.
Prior to occupation of the development hereby permitted the proposed means of access onto Baldon Lane, 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.
The development shall not be occupied until the approved remediation strategy referred to in condition 13 has been carried out in full and a validation report confirming completion of these works 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 the NPPF and policy ENV11 of the South Oxfordshire Local Plan 2035.
No dwelling shall be occupied until all ecological features stated in the following documents have been implemented and delivered:
- Reptile Survey Report (June 2022, Ref: 22-0346) section 5;
- Preliminary Ecological Appraisal (July 2022, Ref: 21-2159) sections 10.23 to
12.27 (inclusive);
- Bat Nocturnal Survey Report (September 2022, Ref: 22-0929) section 6;
- Landscaping and Ecology Plan (03/10/2022, Drawing Number: 221141-PL-
200 Rev A)
Reason: To minimise the ecological impacts of development and provide biodiversity enhancements onsite, in accordance with policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035, and paragraphs 174 and 180 of the NPPF.
No more than 3 dwellings shall be occupied until a SUDS Compliance report prepared by an appropriately qualified engineer has been submitted to and approved by the Local Planning Authority. The SUDS compliance report must suitably demonstrate that the sustainable drainage system has been installed and completed in accordance with the approved scheme (or detail any minor variations). This report should as a minimum cover the following;
1) Inclusion of as-built drawings,
2) Inspection details of key SUDS features such as flow controls, storage features and volumes and critical linking features or pipework undertaken, with appropriate photographs and evidence of inspections incorporated,
3) Details of any remediation works required following the initial inspection,
4) Evidence that that remedial works have been completed.
5) Confirm details of any management company set up to maintain the system.
Reason: To ensure the proper provision of surface water drainage and to ensure flooding is not exacerbated in the locality in accordance with policy EP4 of the South Oxfordshire Local Plan 2035.
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.
No external lighting shall be provided on site other than that which has first been permitted in accordance with a lighting scheme submitted to and approved in writing by the Local Planning Authority prior to the installation of any external lighting. Any external lighting provided shall be implemented only in accordance with the approved details and directed downwards to prevent undue light spread/spillage, and shall thereafter be retained as such.
Reason: To protect the appearance of the area, the environment and wildlife, and local residents from light pollution in accordance with policy ENV1 of the South Oxfordshire Local Plan 2035.
Prior to occupation of the final residential unit a plan showing land transferred to the management company or any other interested parties shall be submitted to and approved by the Local Planning Authority.
Reason: To clarify and ensure which party is responsible for the maintenance and upkeep of the site in accordance with polices ENV1, DES1 and DES2 of the South Oxfordshire Local Plan 2035.
The hours of operation for construction and demolition works shall be restricted to 08:00-18:00 Monday to Friday and 08:00-13:00 on a Saturday. No work is permitted to take place on Sundays or Public Holidays without the prior written authority of the Local Planning Authority.
Reason: To protect the occupants of nearby residential properties from noise disturbance in accordance with policy DES6 of the South Oxfordshire Local Plan 2035.