Agenda item

Variation of conditions 12 (Habitat restoration method statement) and 13 (Letcombe Brook Bridge details) on application reference number P16/V0981/O in order to commence Phase 1B. (as amended by programme submitted 2 August 2023, condition wording submitted 19 September 2023 and 20 October 2023).

 

(Application for outline planning permission for up to 400 dwellings, extension to the Grove CE primary school, associated landscaping and infrastructure with all matters except access reserved.)

Councillor Ron Batstone declared a non-registerable interest in this item as he was local ward member. Councillor Batstone stood down from the committee during the consideration of this application and did not participate in the debate or vote.

 

The committee considered planning application P23/V1198/S73 for the approval for variation of Conditions 12 (Habitat Restoration Method Statement) and Condition 13 (Letcombe Brook Bridge) on application reference P16/V0981/O in order to regularise works commenced in phase 1B on land at Monks Farm, Grove, OX12 0AH.

 

Consultations, representations, policy and guidance, and the site’s planning history were detailed in the officer’s report, which formed part of the agenda pack for this meeting.

 

The officer introduced the report highlighting this was brought to committee due to objections from Grove Parish Council. It was a Section 73 application amending two conditions of a previous outline consent for part of the Monks Farm strategic site. The outline consent was for up to 400 dwellings, an extension to Grove CE primary school, associated landscaping and infrastructure and was approved in April 2021. Since approval of outline consent, reserved matters consent had been given to 83 dwellings known as phase 1B in the south of the site.

The officer informed the committee that commencement of construction of housing and infrastructure had begun in phase 1B.

 

The officer then informed the committee of the application to amend Condition 12 which in the outline consent required, a Habitat Restoration Method Statement for the Letcombe Brook corridor to be submitted and approved prior to work commencing on site. The officer then informed the committee of the location of the brook in relation to the site.

The officer informed the committee that an application to discharge this condition had been made and since the publication of the agenda comments had been made by the Environment Agency who raised no objections. However, officers were still awaiting a response from the Ecology Officer.

 

The planning officer then informed the committee on the proposed amended wording to the condition, that being the submission and approval of the method statement prior to first occupation within phase 1B and prior to commencement of any other phase, except 1B.

 

The planning officer then informed the committee that at the time of the outline consent and associated conditions it was envisaged that the phasing of construction would happen from east to west. However, works had commenced in phase 1B in the south-west of the site.

 

The officer noted the statement from the applicant that the Letcombe Brook area would not be impacted by the construction of phase 1B. The officer noted that the wording for the condition would allow works in phase 1B to continue prior to submission and approval of the method statement.

 

Variations of different wording were considered following consultation with the Environment Agency and the Ecology Officer. Both were happy with the proposed amended wording.

 

Officers believed that the proposed amended wording would not have a detrimental impact to the priority habitat of the Letcombe Brook corridor, as phase 1B is neither situated on or near the Brook. Officers believed there was no ground for refusal in this regard.

 

The planning officer then informed the committee of the proposed changes to Condition 13 which on the outline consent required details of the bridge to be submitted and approved prior to work commencing on site. The original condition was designed under the envisaged construction of the site from east to west. The officer informed the committee that an application to discharge this condition had been made since the publication of the agenda and was awaiting fee payment prior to consultations being carried out. This followed a previous discharge application being made in April 2023, which was withdrawn as further flood modelling work was needed.

 

The applicant had been actively working with the Environment Agency and Oxfordshire County Council on flood modelling and revised bridge designs.

 

The amended wording for Condition 13 would allow the continuation of work on phase 1B prior to bridge details being submitted and approved. This was to prevent further delay and the continuation of construction on the strategic site. The amended wording would require bridge design details to be submitted and approved before first occupancy within phase 1B and the commencement of work on any other phase, except phase 1B.

 

Variations of different wording were considered following consultation with the Environment Agency and Oxfordshire County Council, both were happy with the amended wording.

 

Officers noted that a condition was attached to the reserved matters consent for phase 1B which restricts the occupation of 55 dwellings until the bridge and appropriate roads were constructed and open.

 

Officers were content that the new wording of the condition would not affect highway safety or be detrimental to biodiversity or flood risk.

Officers believed there were no grounds for refusal in this regard.

 

The planning officer informed the committee that all other pre-commencement conditions had been submitted and approved. Although works on site were unauthorised the change in wording of the conditions would regularise them.

The officers had been working proactively with the applicants to find solutions to the ongoing issues, to bring this application to a conclusion.

 

The officer stated to the committee that the application should be looked at based on its own merits and that unauthorised work on site or lack of formal enforcement action to date were not material planning considerations. Officers did not consider there to be grounds for refusal in this regard.

 

Officers believed that the amended wording of the conditions was acceptable and therefore recommended the application be approved subject to conditions set out on pages 14 – 23 on the agenda.

 

 

Sian Keeling, the agent representing the applicant, spoke in support of the application.

 

Councillor Ron Batstone, the local ward member, spoke in support of the application.

 

Members asked enforcement what contact they had had with developers due to the early commencement of work. Officers were made aware of early works in the summer, an enforcement officer went on site to monitor works on site. At the time there were outstanding pre-commencement conditions regarding drainage and trees, the applicant was asked to voluntarily stop which they did. Concerns were raised in the Autumn regarding large amounts of topsoil from the previous works, residents were concerned of the risk of flooding. Officers then advised applicants to continue works on the drainage, work did continue beyond the drainage but the planning officer confirmed there had been healthy communication between developers, residents and officers to ensure problems were resolved. There had been no need for formal enforcement action.

 

A motion, moved and seconded, to approve the application was carried on being put to the vote. 

Members highlighted how detailed the officer report was which helped enlighten members on the application.

 

RESOLVED: to approve planning application P23/V1198/S73, subject to the following conditions:

 

1.    Reserved Matters required

2.    Reserved Matters time limit

3.    Commencement of development time limit

4.    Approved plans

5.    Environmental Statement mitigation measures

6.    Access and visibility splays

7.    Construction Traffic Management Plan

8.    Surface water drainage scheme

9.    Foul water drainage scheme

10.Biodiversity Construction Environmental Management Plan

11.Habitat Restoration Method Statement

12.Letcombe Brook bridge design details

13.Archaeological investigation in accordance with Written Scheme of Investigation

14.Stage programme of archaeological investigation

15.Biodiversity Enhancement Plan

16.Arboricultural method statement

17.Market mix

18.Levels

19.Noise insultation measures

20.Water network upgrades or phasing plan

21.Ecological Management Plan for Letcombe Brook corridor

22.Residential travel plan

23.No occupation before 150^th dwelling until access between spine road and Denchworth road is completed

24.Links to on and off-site infrastructure

25.In accordance with Flood risk assessment

26.Electric vehicle charging points