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, [127.2, 11251/PA01, 11251/PA02, 11251/PA03 Rev B, 11251/PA04A, 11251/PA05 Rev C, 11251/PA07, 11251/PA08, 11251/PA09 Rec C], 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.
A Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The approved CTMP shall be implemented prior to any works being carried out on site, and shall be maintained throughout the course of the development.
Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times and in accordance with Policy T1 of the South Oxfordshire Local Plan 2011.
The development hereby permitted shall not be occupied until surface water drainage works have been carried out in accordance with details that have been first submitted to and approved in writing by the Local Planning Authority. Details shall include ground investigation and infiltration testing and the development shall be carried out in accordance with the approved detail.
Reason: To prevent pollution and flooding in accordance with Policies EP1, EP4 and EP6 of the South Oxfordshire Local Plan 2011.
Unless otherwise agreed by the Local Planning Authority 'LPA', development
other than that required to be carried out as part of an approved remediation
scheme must not commence until phases i) to iii) have been complied with, or
further works have been deemed unnecessary as a result of conclusions based
on risk assessments during phases i), and this has been agreed upon in writing
by the LPA.
Document(s) detailing the works undertaken in each phase must be submitted
to and approved by the LPA in writing before any other phase commences, and
before occupation of any building in relation to phase iii). All phases of
investigation must be designed and conducted in accordance with DEFRA and
the Environment Agency's 'Model Procedures for the Management of Land
Contamination, CLR 11.
i) An intrusive site investigation to assess the type, nature, extent and risk(s) of
any contamination identified in ii), whether or not it originates on site. It is
recommended that the LPA are consulted on proposals.
ii) A detailed remediation scheme, to bring the site to a condition suitable for
the intended use. The scheme shall include all works to be undertaken,
proposed remediation objectives and remediation criteria, a timetable of works
and site management procedures. The scheme shall also ensure that after
remediation the site will not qualify as Contaminated Land under Part 2A
Environmental Protection Act 1990.
iii) Validation of the remediation scheme demonstrating the effectiveness of the
remediation approved in iii).
If contamination is found during the course of development that was not
previously identified, the development must be halted on that part of the site to
the extent specified by the LPA and until the LPA are satisfied that all
necessary phases above have been undertaken.
Reason: To ensure that risks from land contamination to future users of the
land and neighbouring land are minimised, together with those to controlled
waters, property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers, neighbours and
other offsite receptors in accordance with policy EP8 of the adopted South
Oxfordshire Local Plan.
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
Reason: Elevated levels of contaminants were detected near some former tanks and interceptors. If contaminant levels are higher than presently observed they could impact water quality in the adjacent Bradford Brook or the underlying aquifer. National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121).
Prior to the commencement of any site works or operations relating to the development hereby permitted, an arboricultural method statement to ensure the satisfactory protection of retained trees during the construction period shall be submitted to and approved in writing by the Local Planning Authority. Written approval must be obtained prior to commencement of any site works including demolition. The matters to be encompassed within the arboricultural method statement shall include the following:-
(i) A specification for the pruning of, or tree surgery to, trees to be retained in order to prevent accidental damage by construction activities;
(ii) The specification of the location, materials and means of construction of temporary protective fencing and/or ground protection in the vicinity of trees to be retained, in accordance with the recommendations of BS 5837 'Trees in relation to design, demolition and construction' and details of the timing and duration of its erection;
(iii) The definition of areas for the storage or stockpiling of materials, temporary on-site parking, site offices and huts, mixing of cement or concrete, and fuel storage;
(iv) The means of demolition of any existing site structures, and of the re-instatement of the area currently occupied thereby;
(v) The specification of the routing and means of installation of drainage or any underground services in the vicinity of retained trees;
(vi) The details and method of construction of any other structures such as boundary walls in the vicinity of retained trees and how these relate to existing ground levels;
(vii) The details of the materials and method of construction of any roadway, parking, pathway or other surfacing within the RPA, which is to be of a 'no dig' construction method in accordance with the principles of Arboricultural Practice Note 12 "Through the Trees to Development", and in accordance with current industry best practice; and as appropriate for the type of roadway required in relation to its usage.
(viii) Provision for the supervision of ANY works within the root protection areas of trees to be retained, and for the monitoring of continuing compliance with the protective measures specified, by an appropriately qualified arboricultural consultant, to be appointed at the developer's expense and notified to the Local Planning Authority, prior to the commencement of development; and provision for the regular reporting of continued compliance or any departure there from to the Local Planning Authority.
Thereafter the development shall be carried out in accordance with the approved details with the agreed measures being kept in place during the entire course of development.
Reason: To safeguard trees which are visually important in accordance with Policy CSQ3 of the South Oxfordshire Core Strategy 2027 and Policies G2, C9 and D1 of the South Oxfordshire Local Plan 2011.
The foodstore hereby permitted shall not be brought into use until foul drainage works have been carried out in accordance with details that have been first submitted to and approved in writing by the Local Planning Authority.
Reason: To prevent pollution in accordance with Policy EP1 of the South Oxfordshire Local Plan 2011.
Evidence that the development is registered with a BREEAM certification body and a pre-assessment report (or design stage certificate with interim rating if available) indicating that the development can achieve the stipulated BREEAM level 'Excellent' shall be submitted to the local planning authority prior to the commencement of development and a final certificate shall be presented to the local planning authority and a final certificate shall be presented to the local planning authority within 6 months of the occupation of the development.
Reason: To ensure high standards of sustainable design and construction in accordance with Policy CSQ2 of the South Oxfordshire Core Strategy 2027.
That prior to the commencement of development a schedule of all external finishes and materials shall shall be submitted to and approved in writing. Details shall include the external finish, colour and appearance of the external fuel tanks for the petrol filling station. The development shall be carried out in accordance with the approved detail.
Reason: To ensure the satisfactory appearance of the completed development in accordance with Policy CSQ3 of the adopted Core Strategy.
Prior to any demolition and the commencement of the development a professsional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To safeguard the recording and inspection of matters of archaeological importance on the site in accordance with the National Planning Policy Framework.
Prior to any demolition on the site and the commencement of the development and following the approval of the Written Scheme of Investigation referred to in condition 11, a staged programme of archaeological evaluation and mitigation shall be 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 and a full report for publication which shall be submitted to the local planning authority.
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 the National Planning Policy Framework.
The foodstore and petrol filling station shall not open to customers outside of the following times:
Monday to Saturday 07:00 - 22:00
Sunday and Bank and Public Holidays 08:00 - 16:00
Reason: To safeguard the amenity of neighbouring residents in accordance with Policies G2 and EP2 of the South Oxfordshire Local Plan 2011.
That the hours of deliveries or collections to the store shall be restricted to the following times:
Monday to Saturday between the hours of 07:00 - 22:00
Sunday and bank holidays between the hours of 08:00 - 16:00
Reason: To protect the occupants of nearby residential properties from loss of amenity due to noise disturbance and in accordance with policy EP2 of the South Oxfordshire Local Plan 2011.
That the ratio of convenience to comparison goods for the net sales areas shall be no more than 80% convenience and 20% comparison.
Reason: To ensure the vitality and viability of Wallingford town centre is maintained in accordance with policy CST1 of the adopted Core Strategy.
The deliveries associated with the foodstore shall be carried out in accordance with the Quiet Delivery System as referred to in the Acoustic Impact Assessment carried out by Belair Research Ltd dated 10 October 2012 and the specific measures to be implemented shall be submitted and agreed with the LPA before the store is brought into use.
Reason: To protect the occupants of nearby residential properites from loss of amenity due to noise disturbance and in accordance with policy EP2 of the adopted South Oxfordshire Local Plan 2011.
That the measures set out in the Equalities Officer's comments dated 16 November 2012 shall be incorporated into the development prior to the first use of the foodstore and thereafter retained.
Reason: To ensure the proposed development is accessible to all in accordance with policy CSQ3 of the adopted Core Strategy.
No development shall take place on site until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include:
- hard surfacing materials;
- means of enclosure;
- minor artefacts and structures (e.g. furniture, refuse or other storage units, signs, external illumination)
Soft landscaping shall include:
- Planting plans;
- Written specifications ( including cultivation and other operations associated with plant and grass establishment);
- Schedules of planting, noting species, plant sizes and proposed numbers/densities where appropriate;
- Implementation programme
Reason: In the interests of the satisfactory appearance of the development in accordance with policy CSQ3 of the Adopted Core Strategy.
Prior to the first use of the foodstore hereby permitted a turning area and car parking spaces shall be provided within the curtilage of the site so that motor vehicles may enter, manoeuvre and leave in a forward direction and vehicles may park off of the highway, details of which shall have first been submitted to and approved in writing by the Local Planning Authority. The car park layout plan shall detail the positioning of external illumination and car park directional signage from Lupton Road access and around the site, including the Petrol Filling Station. The manoeuvring areas and parking areas shall be constructed, laid out, surfaced, drained and completed in strict accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The manoeuvring areas and car parking areas shall be retained unobstructed except for the parking and manoeuvring of motor vehicles at all times.
Reason: In the interests of highway safety and to ensure the provision of off-street car parking in accordance with Policies T1 and T2 of the South Oxfordshire Local Plan 2011.
Prior to the first use of the foodstore and Petrol Filling Station hereby permitted, the proposed means of access onto Lupton Road shall be formed and laid out to the approval of the Local Planning Authority, constructed in accordance with the Local Planning Authority's specifications and all ancillary works specified shall be undertaken. The access road shall be laid out to an adoptable standard whether or not the road is offered up for adoption. This shall include all the civils components, such as drainage and lighting. Specifically with respect to lighting on Lupton Road on the approach to the store, it will be required to be provided to the adoptable standard BS5489-2003 and shall be funded at the devleoper's expense.
Reason: In the interests of highway safety and to ensure a satisfactory standard of construction and layout for the development in accordance with saved policy T1 of the adopted South Oxfordshire Local Plan 2011.
Before the proposed access is first used, the existing access onto Lupton Road shall be permanently stopped up by the means of re-instatement of the highway verge and proposed planting to the approval of the Local Planning Authority and in accordance with the local highway authority's specifications. Thereafter the closed access shall not be used by any vehicular traffic whatsoever.
Reason: In the interest of highway safety in accordance with Policy T1 of the South Oxfordshire Local Plan 2011.
Shower, washing and changing facilities for cyclists shall be provided prior to the first use of the development hereby approved, in accordance with details to be submitted to and approved in writing by the Local Planning Authority, prior to the commencement of development.
Reason: To encourage the use of cycles as a means of transport in accordance with Policy T2 of the South Oxfordshire Local Plan 2011.
Cycle parking facilities shall be provided prior to the first use of the development hereby approved. This provision shall take the form of 26 customer spaces and 7 covered staff spaces and shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority, prior to the commencement of development.
Reason: To encourage the use of cycles as a means of transport in accordance with Policy T2 and Appendix 5 of the South Oxfordshire Local Plan 2011.
Before the first use of the foodstore and petrol filling station hereby approved, the proposed vehicular accesses that serve the site shall be constructed, laid out, surfaced and drained in accordance with specification details that shall have first been submitted to and approved in writing by the Local Planning Authority and carried out in accordance with the approved detail.
Reason: In the interests of highway safety and in accordance with Policy T1 of the adopted South Oxfordshire Local Plan 2011.
Prior to the commencement of development, details of the positioning of any external refrigeration equipment shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To ensure that the proposed use is carried out in such a way that no undue noise nuisance is caused to the occupiers of neighbouring residential properties in accordance with Policy EP2 of the South Oxfordshire Local Plan 2011.
That prior to the first use of the foodstore and petrol filling station full details of the proposed directional signage for Wallingford Town Centre and the Wallingford Town Centre events and initiatives display board shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the materials, design, size and exact location of the signage and shall be located in the agreed position within 3 months of the approved detail and thereafter so retained.
Reason: To help ensure the vitality and viability of Wallingford town centre is maintained in accordance with policy CST1 of the adopted Core Strategy.
Prior to the commencement of development full layout details of the Petrol Filling Station area shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the circulation of cars, road/ car parking directional markings and exact positioning of pumps. The development shall thereafter be carried out in accordance with the approved details.
Reason: In the interests of highway safety in accordance with saved policy T1 of the adopted South Oxfordshire Local Plan 2011.
That prior to the commencement of development full details of the electrical charging points for electric cars shall be submitted to and approved in writing. Detail shall include the position of the points within the car park layout and shall be available for use upon the first use of the foodstore.
Reason: In the intersts of air quality management in accordance with policy CS1 of the adopted Core Strategy.
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