The Secretary of State has approved planning permission for 280 new homes on the Aston Road site.
In March 2015 the Secretary of State directed that the application by Lightwood Strategic to build houses on the Aston Road site be referred to him instead of being dealt with by the relevant planning authority, Aylesbury Vale District Council.
We are saddened to report that the Secretary of State has now published his decision, which agrees with the Inspector's conclusions following the public enquiry held in November 2015.
Thus, the Secretary of State has granted outline planning permission for the construction of 280 dwellings, including 35 age-restricted dwellings, with associated garages, parking estate roads, footways, pedestrian linkages, public open space, burial ground, community sports facilities, strategic landscaping, drainage and other associated works in accordance with application number 14/02666/AOP, dated 8 September 2014 (as amended), subject to the specific conditions listed below.
The conditions make for a rather lengthy read, but for the record are published below. The letter outlining the full response from the office of the Secretary of State can also be read by clicking on the PDF below the image on this page.
Not depressed enough yet? In which case, you may also wish to read news about the draft Vale of Aylesbury Plan – see here
Conditions for Approval
Annex A: Conditions
1) Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins. The design of the layout of roads, footpaths and dwellings shall include provision for public views towards St Mary's church from within the scheme. The development shall be carried out as approved.
2) Application for approval of the reserved matters shall be made to the local planning authority not later than 18 months from the date of this permission. 3) The development hereby permitted shall begin not later than 18 months from the date of approval of the last of the reserved matters to be approved.
Reason (1, 2 and 3): To prevent the accumulation of planning permissions: to enable the Council to review the suitability of the development in the light of altered circumstances and to comply with the provisions of Section 92(2) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004
4) No development shall take place, other than below ground works and foundations, until details of the materials proposed to be used on the external surfaces of the development hereby approved have been submitted to the local planning authority and approved in writing. The development shall be carried out in accordance with the approved details.
Reason: To ensure a satisfactory appearance to the development
5) No development shall take place 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 proposed finished levels or contours; boundary treatment; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials and a programme for the works.
6) Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.
7) All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority. No dwelling shall be occupied until the landscaping details relating to it have been fully implemented.
Reason (5, 6 and 7): To ensure a satisfactory appearance to the development.
8) Any tree or shrub which forms part of the approved landscaping scheme which within a period of five years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced
in the next planting season by a tree or shrub of a species, size and maturity to be approved by the local planning authority.
9) No site clearance works or development shall take place until there has been submitted to the local planning authority for their approval a scheme showing the type, height and position of protective fencing to be erected around each tree or hedge to be retained.
10) No site clearance works or the development itself shall be commenced until such a scheme is approved by the local planning authority and thereafter the development hereby permitted shall only be carried out in accordance with that scheme. The area surrounding each tree/hedge within the approved protective fencing shall remain undisturbed during the course of the works, and in particular in these areas:
1. There shall be no changes in ground levels;
2. No materials or plant shall be stored;
3. No buildings or temporary buildings shall be erected or stationed.
4. No materials or waste shall be burnt nor within 20 metres of any retained tree; and.
5. No drain runs or other trenches shall be dug or otherwise created, without the prior written consent of the local planning authority.
Reason (8, 9 and 10): In order to ensure that damage does not occur to the trees during building operations-and to comply with policy GP39 and GP40 of the AVDLP and the guidance given in the NPPF
11) The details to be submitted for approval in writing by the local planning authority in accordance with Condition (1) above shall include details of the
proposed slab levels of the building(s) in relation to the existing and proposed levels of the site and the surrounding land, with reference to fixed datum point. The building(s) shall be constructed with slabs at levels that have been approved in writing by the local planning authority.
Reason: For the avoidance of doubt and to ensure a satisfactory form of development
12) No works on site shall commence until details of the proposed means of disposal of foul and surface water drainage have been submitted to and approved in writing by the local planning authority. The surface water drainage scheme shall provide detailed drainage calculations for the proposed scheme including any sustainable drainage techniques, surface water sewer network and road network including all rainfall events up to and including the 1 in 100 year plus climate change event. The development shall be carried out in accordance with the approved scheme of drainage.
Reason: In order to prevent and manage flooding and in order to ensure that the development is adequately drained
13) Before each phase of the development approved by this planning permission, no development shall take place until such time as a flood risk assessment to demonstrate that there shall be no increase in flood risk on or off site has been submitted to and approved in writing by the local planning authority. The scheme shall contain:
a. Demonstration that the discharge volume required to attenuate surface water run-off from the critical 1 in 100 chance in any year storm event, with an appropriate allowance for climate change, can be provided on site.
b. Demonstration that the peak discharge rate for all events up to and including the 1 in 100 in any year critical storm event, including an appropriate allowance for climate change, will not exceed that of the existing site.
c. Infiltration test results to ascertain the suitability of infiltration SUDS (as specified in Section 5.3.6 of the Flood Risk Assessment)
Reason: To prevent flooding by ensuring the satisfactory disposal and storage of surface water from the site and to ensure that surface water is managed in a sustainable manner
14) No floodlighting or other form of external lighting shall be installed unless it is in accordance with details which have previously been submitted to and approved in writing by the local planning authority. Such details shall include location, height, type and direction of light sources and intensity of illumination. Any lighting which is so installed shall not thereafter be altered without the prior consent in writing of the local planning authority.
Reason: In the interests of the visual and wildlife amenities of the site
15) Development shall not commence unless and until a Construction Management Plan ("CMP") has been submitted to and approved in writing by the local planning authority. Thereafter the construction of the development shall only be carried out in accordance with the approved statement. The CMP shall include:
a) Details of the site compound including temporary structures/buildings, fencing, parking and storage provision to be used in connection with the construction of the development;
b) Details of the proposed storage of materials and disposal of surplus materials;
c) Methods of dust management;
d) Pollution control during construction: protection of the water environment, bunding of fuel storage areas, surface water drainage, sewage disposal and discharge of foul drainage, pollution response plans;
e) Details of the phasing of construction works;
f) Siting and details of wheel washing facilities;
g) Cleaning of site entrances, site tracks and the adjacent public highways and the sheeting of all HGVs taking spoil or construction materials to/from the site to prevent spillage or deposit of any materials on the highway;
h) A site environmental management plan to include details of measures to be taken during the construction period to protect wildlife and habitats;
i) Areas on site designated for the storage, loading, off-loading, parking and manoeuvring of heavy duty plant equipment and vehicles;
j) Details and a timetable for post construction restoration/reinstatement of the temporary working areas and the construction compound;
k) Working practices for protecting nearby residential dwellings, including measures to control noise and vibration arising from on-site activities shall be adopted as set out in British Standard 5228 Part 1: 2009; and
l) Details of the routing of heavy vehicle traffic accessing and leaving the site, which shall not in any circumstances involve passing along Station Road or Aston Road west of St Tiggywinkles Animal Hospital.
Reason: To ensure a satisfactory level of environmental protection and to minimise disturbance to local residents during the construction process
16) No other part of the development shall begin until the new means of access have been sited and laid out in accordance with the submitted details and constructed in accordance with Buckinghamshire County Council's guide note "Commercial Vehicular Access Within Highway Limits" 2001. For the avoidance of doubt the applicants will be required to obtain a S184 licence with the Highway Authority in order to comply with the requirements of this condition.
Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development
17) No other part of the development shall begin until visibility splays shown in principle on drawing nos. 6.1B and 6.2 have been provided on both sides of the access points. The area contained within the splays shall be kept free of any obstruction exceeding 0.6 metres in height above the nearside channel level of the carriageway.
Reason: To provide adequate inter-visibility between the access and the existing public highway for the safety and convenience of users of the highway and of the access
18) The details to be submitted for the approval of the local planning authority in accordance with condition 1 above shall include a scheme for parking, garaging and manoeuvring in accordance with the local planning authority's "Car Parking Standards". The approved scheme shall be implemented and made available for use before the development hereby permitted is occupied and that area shall not be used for any other purpose.
Reason: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway
19) No development shall take place until a footway scheme for improved pedestrian access on the south side of Aston Road from the development towards Church End and Haddenham St Mary's CE School; and in Stanbridge Road towards Woodways, has been submitted to and approved in writing by the local planning authority. In respect of Aston Road, the scheme shall provide for a footway at least as far as the vehicle entrance to the school. No dwelling shall be occupied until the footways have been provided in accordance with the approved scheme.
Reason: To provide improved access towards the school for pedestrians and in the interests of encouraging reduced use of private cars
20) No development shall take place until a programme of archaeological work in accordance with a written scheme of investigation has been submitted by the applicant and approved in writing by the local planning authority. The development shall not be implemented otherwise than in accordance with the approved scheme.
Reason: To record or safeguard any archaeological evidence that may be present at the site
21) The development hereby permitted shall be carried out in accordance with the following approved indicative plans: BRS.5173_02H 1
Reason: For the avoidance of doubt and in the interests of proper planning
22) No more than 280 dwellings shall be constructed on the site.
Reason: To ensure there is a limit on the density of development
23) No development shall commence until a contaminated land assessment and associated remedial strategy, together with a timetable of works, has been submitted to and approved in writing by the local planning authority. The agreed remediation works shall be fully completed before any other construction work commences. The assessment / strategy shall include the following: a) The contaminated land assessment shall include a desk study which shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study.
b) The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology.
c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to and approved in writing by the local planning authority prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.
Reason: To ensure that the potential contamination of the site is properly investigated, the risks to the planned end user group(s) quantified, and its implication for the development fully taken into account
24) The approved remediation works as referred to in condition 23 shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the local planning authority.
Within 1 month of completion of the remediation works, a validation report shall be submitted to and approved in writing by the local planning authority. The validation report shall include details of the completed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to demonstrate that the site has reached the required clean-up criteria shall be included in the validation report together with the necessary documentation detailing what waste materials have been removed from the site.
Reason: To ensure that the potential contamination of the site is properly dealt with and the risks to the planned end user group(s) minimised.
