Site Address:           Chiltern Railway From Oxford To Bicester Section I1

Proposals:   Details submitted in compliance with condition 19(2) (Noise - Section I1) of TWA ref: TWA/10/APP/01 (The Chiltern Railways (Bicester to Oxford Improvements) Order - deemed planning permission granted under section 90(2A) of the Town and Country Planning Act 1990).

Officer Recommendation:

CONDITION 19 BE PARTIALLY DISCHARGED IN RELATION TO THE NOISE SCHEME OF ASSESSMENT FOR SECTION I1.

For the following reasons:

1          The Noise Scheme of Assessment for route section I1 is considered to be robust and has demonstrated that the required standards of noise mitigation set out in the Policy will be achieved subject to the installation of the specified mitigation measures. It is confirmed that prior to and in connection with the granting of this consent, the Council has taken the Environmental Statement and other relevant environmental information into account.

2          The Council considers that the proposal accords with the policies of the development plan as summarised below.  It has taken into consideration all other material matters, including matters raised in response to consultation and publicity.  Any material harm that the development would otherwise give rise to can be offset by the conditions imposed.

subject to the following conditions, which have been imposed for the reasons stated:-

1          The development is to be carried out strictly in accordance with the documents titled "Noise Scheme of Assessment for Route Section I/1, Main Report” and “Annexes A-E and G" (ref 0221083/11.I1-07) dated 2nd December 2015; "East-West Rail: Baseline Acoustic Survey, Network Rail” (ref 5114534 2015/May/06) dated 20th July 2015; the further details contained in the report (and Appendix 1 to the report) of the Independent Expert dated 1st December 2015; and Figures 1.1 (version A01, dated 04/08/2015) 5.1a (version A02 dated 06/08/2015) 5.1b (version A02 dated 28/09/2015) and 5.2 (version A01, dated 06/08/2015). In the event of conflict between these drawings and other documents the four August/September 2015 drawings shall prevail; and as between the other documents, the later produced document shall prevail.

Reason: the Noise Scheme of Assessment has been prepared upon the basis of these details and deviation from them would not necessarily result in the standards of noise mitigation required by the Noise and Vibration Mitigation Policy (January 2011) being achieved.

2          Within three months of this partial approval under condition 19 of the deemed planning permission, proposals shall be submitted for the written approval of  the local planning authority showing how at-source noise attenuation by rail dampening to at least the standard achievable by the use of Tata Silentrack can be incorporated into the scheme.  The development to which this approval relates shall not be brought into operation EITHER without that written approval having been obtained and other than in accordance with such approved details OR without the Council having given written confirmation that it is satisfied that the provision of such rail dampening is not reasonably practicable.

Reason: The local planning authority is not satisfied that rail dampening as an at source mitigation measure has been shown to not be reasonably practicable in the absence of any attempt on the part of the applicant to secure approval for the use of such a measure.

3          Passenger train movements on Section I1 between 0700 hours and 2300 hours shall not be in excess of 8 movements per hour. Freight train movements between 2300 hours 0700 hours on the following day shall not exceed 8.

Reason - to ensure compliance with condition 19 of the planning permission deemed to have been granted (ref TWA/10/APP/01)

4          Section I1 shall not be made available for use by trains until provision for continuous monitoring of noise has been effected for noise sensitive properties throughout section I1 in accordance with a scheme previously approved in writing by the Council.  The results of such monitoring shall be provided to the Council on each of six months, eighteen months, thirty months, forty-two months, fifty-four months, sixty-six months and seventy-eight months from the date on which Section I1 is first made available for use for trains.  In the event that the monitoring results provided to the Council exceed the noise thresholds in the Noise and Vibration Mitigation Policy then additional mitigation measures shall be effected within six months in order to ensure that those levels are not again exceeded.

Reason: to ensure compliance with condition 19 of the planning permission deemed to have been granted (ref TWA/10/APP/01)

Councillor Hollingsworth resumed his seat and Councillor Darke left the meeting.

The Committee considered an application setting out details submitted in compliance with condition 19(2) (Noise - Section I1) of TWA ref: TWA/10/APP/01 (The Chiltern Railways (Bicester to Oxford Improvements) Order - deemed planning permission granted under section 90(2A) of the Town and Country Planning Act 1990) for Section I1 of the Chiltern Railway from Oxford to Bicester.

The Planning Officer reported that since the publication of the agenda a representation had been received from Nicola Blackwood MP reiterating local concerns; and a representation concerning the methodology and data used in the Schemes of Assessment, and the lack of mitigation proposed in respect of a crossover some 250 metres north of Cox’s Ground known as crossover 9180 which was considered in advance of the meeting.

She reminded the Committee that as with similar applications the Schemes of Assessment generate theoretical predictions by putting current baseline measurements, together with information on the proposed number and pattern of train movements (‘the reasonable planning scenario’) into an agreed prediction methodology but cannot measure actual operational noise and vibration because the trains are not yet running. They are used to enable any required mitigation to be determined and built into the scheme before the new rail services start. The reasonable planning scenario, and the acceptable noise and vibration thresholds, and monitoring requirements were decided by the Secretary of State in granting the original planning permission, and are set out in the approved Noise and Vibration Mitigation Policy (included as Appendix 5 to both reports). The prediction methodology and the approach to mitigation employed in in the Schemes of Assessment for route section I1 are the same as those employed for route section H. Both Schemes of Assessment for route section I1 have been judged to be robust by the relevant Independent Experts. She outlined the details of the proposed 2.5m high barriers and showed the approximate line of these and confirmed the exact locations would be submitted and agreed.

Adrian Olsen, a local resident, spoke of his concerns over the application.

Andy Milne, representing Network Rail, spoke in support of the application.

The Committee asked questions and debated this and the following application together. They noted Network Rail’s likely challenges to the conditions on permissions on Section H.

The Committee noted that there was no requirement to provide noise barriers at the school playground as it counted as open space, barriers should be provided along that stretch and an informative added to request this.

The Committee resolved that:

An informative be added that barriers should be provided along the stretch adjacent to the school playground to improve the amenity.

CONDITION 19 BE PARTIALLY DISCHARGED IN RELATION TO THE NOISE SCHEME OF ASSESSMENT FOR SECTION I1.

subject to the following conditions, which have been imposed for the reasons stated:-

1          The development is to be carried out strictly in accordance with the documents titled "Noise Scheme of Assessment for Route Section I/1, Main Report” and “Annexes A-E and G" (ref 0221083/11.I1-07) dated 2nd December 2015; "East-West Rail: Baseline Acoustic Survey, Network Rail” (ref 5114534 2015/May/06) dated 20th July 2015; the further details contained in the report (and Appendix 1 to the report) of the Independent Expert dated 1st December 2015; and Figures 1.1 (version A01, dated 04/08/2015) 5.1a (version A02 dated 06/08/2015) 5.1b (version A02 dated 28/09/2015) and 5.2 (version A01, dated 06/08/2015). In the event of conflict between these drawings and other documents the four August/September 2015 drawings shall prevail; and as between the other documents, the later produced document shall prevail.

Reason: the Noise Scheme of Assessment has been prepared upon the basis of these details and deviation from them would not necessarily result in the standards of noise mitigation required by the Noise and Vibration Mitigation Policy (January 2011) being achieved.

2          Within three months of this partial approval under condition 19 of the deemed planning permission, proposals shall be submitted for the written approval of  the local planning authority showing how at-source noise attenuation by rail dampening to at least the standard achievable by the use of Tata Silentrack can be incorporated into the scheme.  The development to which this approval relates shall not be brought into operation EITHER without that written approval having been obtained and other than in accordance with such approved details OR without the Council having given written confirmation that it is satisfied that the provision of such rail dampening is not reasonably practicable.

Reason: The local planning authority is not satisfied that rail dampening as an at source mitigation measure has been shown to not be reasonably practicable in the absence of any attempt on the part of the applicant to secure approval for the use of such a measure.

3          Passenger train movements on Section I1 between 0700 hours and 2300 hours shall not be in excess of 8 movements per hour. Freight train movements between 2300 hours 0700 hours on the following day shall not exceed 8.

Reason - to ensure compliance with condition 19 of the planning permission deemed to have been granted (ref TWA/10/APP/01)

4          Section I1 shall not be made available for use by trains until provision for continuous monitoring of noise has been effected for noise sensitive properties throughout section I1 in accordance with a scheme previously approved in writing by the Council.  The results of such monitoring shall be provided to the Council on each of six months, eighteen months, thirty months, forty-two months, fifty-four months, sixty-six months and seventy-eight months from the date on which Section I1 is first made available for use for trains.  In the event that the monitoring results provided to the Council exceed the noise thresholds in the Noise and Vibration Mitigation Policy then additional mitigation measures shall be effected within six months in order to ensure that those levels are not again exceeded.

Reason: to ensure compliance with condition 19 of the planning permission deemed to have been granted (ref TWA/10/APP/01)