Site Address:  Evenlode Tower, Blackbird Leys, Oxford

 

Proposal:  Removal of condition 4 (Landscape plan) and Variation of condition 2 (Develop in accordance with approved plans) of planning permission 14/02640/CT3 to allow alterations to parking layout and landscaping.

 

Recommendations

 

East Area Planning Committee is recommended to:

 

(a)     Approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission.

 

(b)     Agree to delegate authority to the Head of Planning, Sustainable Development and Regulatory Services to:

 

1. Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary;

 

 

 

The Committee considered an application 17/01792/VAR: Flat 1, Evenlode Tower, Blackbird Leys for Removal of condition 4 (Landscape plan) and Variation of condition 2 (Develop in accordance with approved plans) of planning permission 14/02640/CT3 to allow alterations to parking layout and landscaping.

 

The Planning Officer presented the report and highlighted some minor updates:

 

·         With regard to the conditions relating to this application the Planning Officer tabled a revised list of conditions for the Committee to consider

·         Changes to 2014 application

·         Feature tree to be retained

·         Modifications to access,

·         Additional car parking and disabled spaces

 

The Committee asked questions

·         The condition relating to the boundary treatments, low level barriers to stop people parking on the grass from Pegasus Road

 

In reaching its decision, the Committee considered all the information put before it.

 

On being put to the vote the Committee agreed unanimously with the officer recommendation.

 

East Area Planning Committee  resolved to:

 

(a)     Approve the application for the reasons given in the report and subject to the required planning conditions (as amended and presented at the meeting and detailed below).

 

(b)     Agree to delegate authority to the Head of Planning, Sustainable Development and Regulatory Services to:  Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary;

 

 

Conditions

 

1.         Time Limit

 

            The development to which this permission relates must be begun not later than the expiration of three years from the date of permission 14/02640/CT3.

           

            Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990 as amended by the Planning Compulsory Purchase Act 2004.

 

2.      Develop in accordance with approved plans

 

The development permitted shall be constructed in complete accordance with the specifications in the application and approved plans listed below, unless otherwise agreed in writing by the local planning authority.

           

            Reason: To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings in accordance with policy CP1 of the Oxford Local Plan 2001-2016.

 

3.  Bat and bird boxes integrated into build

 

Within six months of the date of this decision details of biodiversity enhancement of integrated bat / bird boxes to be incorporated into the building shall be submitted to, and approved in writing by the Local Planning Authority. The development shall proceed in accordance with the approved integrated bat / bird box scheme, which shall have been installed prior to the first occupation of the development and retained thereafter unless otherwise agreed in writing by the local planning authority.

           

            Reason: In the interests of improving biodiversity in accordance with Policy CS12 of the Oxford Core Strategy 2016 and Saved policy NE23 of the Oxford Local Plan 2001-2026

 

4.  Landscape carry out after completion

 

The landscaping proposals as shown on sheet L(9-)100 P7  shall be carried out in the first planting season following substantial completion of the development if this is after 1st April.  Otherwise the planting shall be completed by the 1st April of the year in which building development is substantially completed.  All planting which fails to be established within three years shall be replaced.

 

            Reason: In the interests of visual amenity in accordance with policies CP1 and CP11 of the Adopted Local Plan 2001-2016.

 

5.  Hard surface design : Tree roots

 

Within six months of the date of this decision details of the design of all new hard surfaces and a method statement for their construction shall be submitted to and approved in writing by the Local Planning Authority.  Details shall take into account the need to avoid any excavation within the rooting area of any retained tree and where appropriate the Local Planning Authority will expect "no-dig" techniques to be used, which might require hard surfaces to be constructed on top of existing soil levels using treated timber edging and pegs to retain the built up material.

           

Reason: To avoid damage to the roots of retained trees.  In accordance with policies CP1, CP11 and NE16 of the Adopted Local Plan 2001-2016.

 

6.  Materials as specified

 

The materials to be used in the new development shall be as specified in the application.  There shall be no variation of these materials without the prior written consent of the Local Planning Authority.

           

            Reason: To ensure the satisfactory visual appearance of the new development in accordance with policies CP1 and CP8 of the Adopted Oxford Local Plan 2001-2016.

 

7.  Car parking management plan

 

Prior to the first use of the car parking areas a management plan shall have been submitted to and approved in writing by the local planning authority to control the use of the car parking spaces and restricting their use to residents and visitors of residents.

           

Reason: To ensure that the parking spaces provide parking for tower block residents and not for other local residents to avoid residents parking being displaced onto the public highway to the detriment of highway safety and convenience in accordance with policies CP1, CP10 and TR3 of the Oxford Local Plan.

 

8.  Landscape underground services - tree roots

 

Within six months of the date of this decision details of the location of all underground services and soakaways shall be submitted to and approved in writing by the Local Planning Authority (LPA). The location of underground services and soakaways shall take account of the need to avoid excavation within the Root Protection Areas (RPA) of retained trees as defined in the British Standard 5837:2012- 'Trees in relation to design, demolition and construction-Recommendations'. Works shall only be carried in accordance with the approved details.

           

Reason: To avoid damage to the roots of retained trees; in support of Adopted Local Plan Policies CP1,CP11 and NE15.

 

 

 

9.  Tree Protection Plan (TPP) 1

 

Detailed measures for the protection of trees to be retained during the development shall be submitted to, and approved in writing by, the Local Planning Authority (LPA) within six months of the date of this decision.  Such measures shall include scale plans indicating the positions of barrier fencing and/or ground protection materials to protect Root Protection Areas (RPAs) of retained trees and/or create Construction Exclusion Zones (CEZ) around retained trees. Unless otherwise agreed in writing by the LPA the approved measures shall be in accordance with relevant sections of BS 5837:2012 Trees in Relation to Design, Demolition and Construction- Recommendations. The approved measures shall be in place before the start of any work on site and shall be retained for the duration of construction unless otherwise agreed in writing by the LPA. Prior to the commencement of any works on site the LPA shall be informed in writing when the approved measures are in place in order to allow Officers to make an inspection. No works or other activities including storage of materials shall take place within CEZs unless otherwise agreed in writing by the LPA.

           

Reason: To protect retained trees during construction.  In accordance with policies CP1, CP11 and NE16 of the Adopted Local Plan 2001-2016.

 

10. Arboricultural Method Statement (AMS) 1

 

A detailed statement setting out the methods of working within the Root Protection Areas of retained trees shall be submitted to and approved in writing by the Local Planning Authority (LPA) within six months of the date of this decision. Such details shall take account of the need to avoid damage to tree roots through excavation, ground skimming, vehicle compaction and chemical spillages including lime and cement. The development shall be carried out in strict accordance with of the approved AMS unless otherwise agreed in writing by the LPA.

           

            Reason: To protect retained trees during construction.   In accordance with policies CP1,CP11 and NE16 of the Adopted Local Plan 2001-2016.

 

11. Suspected contamination - Risk assess

 

It is suspected that this site and/or nearby land and water may be contaminated as a result of former industrial or other use. Within six months of the date of this decision a phased risk assessment shall be carried out by a competent person in accordance with current government and Environment Agency Guidance and Approved Codes of Practice.

            Each phase shall be submitted in writing and approved by the Local Planning Authority.

           

            Phase 1 shall incorporate a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model.  If potential contamination is identified in Phase 1 then a Phase 2 investigation shall be undertaken.

 

            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 to inform the remediation strategy proposals.

 

            Phase 3 requires that a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use be submitted and approved in writing by the Local Planning Authority. The remediation shall be carried out in accordance with the approved scheme and the applicant shall provide written verification to that effect.

           

            The development shall not be occupied until any approved remedial works, have been carried out and a full validation report has been submitted and approved to the satisfaction of Local Planning Authority.

           

            Reason: To ensure that any ground and water 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.

 

12. Boundary details

 

A plan showing the means of enclosure for the new development including details of the treatment of all the boundaries of the site shall be submitted to, and approved in writing by, the Local Planning Authority within six months of the date of this decision.  The approved treatment of all of the site boundaries shall be completed prior to first occupation of the approved development and retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.

           

Reason: In the interests of visual amenity and to safeguard the privacy of adjoining occupiers in accordance with policies CP1, CP8, CP9 and CP10 of the Adopted Oxford Local Plan 2001-2016 as well as policy HP14 of the Sites and Housing Plan 2011-2026.