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Planning application

Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe

Awaiting decision Cherwell 25/00535/M106 Application to Modify a Section 106

Still open. Anyone can comment while the consultation period runs, and comments go to the council rather than to us.

Proposal

Deed of Variation to amend the s106 for 22/02104/F - To amend the MIP clause to ensure my client can charge the AH units at MVST. - To insert an enforceability clause which excludes liability from the RP and RP Mortgagee in respect of the non-AH obligations. - To insert an express clause confirming that the rents on AR units can be increased by CPI + 1% per annum - To remove reference to HTB Agent as this is no longer in existence. - To insert a clause confirming that the AH obligations will not be binding on tenants who have exercised a preserved right to buy. - To amend the words “the provisions of paragraph 2 shall not bind” at Paragraph 3 (mortgage exemption) so that the protected parties are wholly excluded from the AH Schedule, as opposed to just Paragraph 3. - To change 3 First Homes units to Shared Ownership units - To remove the obligation for 1 of the AR units to be M4(3) to align with the planning permission

As published by the council, reference 25/00535/M106

Application record

Reference
25/00535/M106
Type
Application to Modify a Section 106
Status
Under Consultation
Received
3 Mar 2025
Validated
3 Mar 2025
Ward
Deddington
Parish
Milcombe
Decision by
Delegated

Site history

Applications at this address on the Cherwell register

This site has had 5 applications since 2024: 3 approved, 0 refused.

  • 26/00572/DISC Awaiting decision

    Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe

    Discharge of Conditions 7 (tree protection site meeting), 14 (contamination), 21 (noise levels), 22 (boundary treatments), 23 (external lighting design), 24 (LEMP), 28 (landscaping scheme), 30 (LMMP) and 31 (bike stores) of 22/02104/F

    Submitted 4 Mar 2026 Conditions
  • 25/02822/DISC Granted

    Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe

    Discharge of Conditions 18 (stone sample panel), 19 (brick sample panel) and 20 (samples of slates and tiles) of 22/02104/F

    Decided 14 May 2026 Conditions
  • 25/02270/DISC Granted

    Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe

    Discharge of Condition 12 (Archaeology) of 22/02104/F

    Decided 28 Oct 2025 Conditions
  • 24/01325/DISC Granted

    Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe

    Discharge of Conditions 3 (proposed parking provision), 4 (Construction Method Statement), 5 (Construction Traffic Management Plan), 6 (Arboricultural Method Statement), 8 (open space/play space), 10 (great crested newt compensation), 11 (Archaeological Written Scheme of Investigation), 13 (potential contaminative uses) and 26 (drainage phasing plan) of 22/02104/F (allowed on appeal ref: APP/C3105/W/23/3325113)

    Decided 10 Dec 2024 Conditions

Timeline

Dates from the published record

  1. 3 Mar 2025

    Received by Cherwell

  2. 1 Aug 2026

    Added to PlanIndex

  3. Decision

    Awaiting decision

    Decision expected by 28 April 2025, 8 weeks from validation under the statutory target for most applications. Extensions of time are common and are agreed case by case.

    Cherwell took a median of 59 days over the applications it decided in the last year.

Documents

Plans, drawings, consultee responses and the officer's report

1 document on file for this application

A planning file usually holds the application form, drawings and site plans, consultee responses, the officer's report and the decision notice.

Watch members (£5 a month) open the document list from here.

Open the documents

What happens while it is decided

This application is with Cherwell for determination, against a statutory target of eight weeks. Over the last year Cherwell decided condition discharge and variation applications in a median of 68 days. More in our guide to how long planning decisions take.

About condition discharge and variation applications

This application deals with conditions on an existing permission, supplying the details a condition requires or asking to vary or remove one, without reopening the permission itself. More in our guide to planning application types.

In Cherwell

  • 26/01917/DISC Granted

    28 Spring Hill Road Begbroke Oxfordshire OX5 1RX

    Discharge of Condition 3 (Details of new fence, walls & gate) of 25/03148/F

    Received 23 Jul, published by the council 23 Aug 2026 Conditions
  • 26/02631/DISC Awaiting decision

    Land adjacent to Symmetry Park Morrell Way Bicester OX26 6GF

    Discharge of Condition 38 (Noise Assessment) of 24/03259/F

    Received 7 Oct, published by the council 9 Oct 2026 Conditions
  • 26/02584/DISC Granted

    Sydenham Farm Aynho Road Adderbury OX17 3WS

    Discharge of Conditions 5 (Noise Mitigation Scheme/Assessment), 6 & 7 (Desk study & intrusive investigation), 11 (samples of external materials for wall & roof), 12 (doors and windows), 14 (Biodiversity Method Statement) and 16 (Details of cycle facilities) of 25/01354/F

    Received 3 Jun, published by the council 9 Oct 2026 Conditions
  • 26/02076/DISC Granted

    2 Banbury Road Kidlington Oxfordshire OX5 2BT

    Discharge of Conditions 8 (Biodiversity Enhancement Scheme), 9 (Noise Mitigation), 10 (Details of alternative ventilation system), 11, 12 and 13 (Land Contamination) of 23/00610/F

    Received 10 Aug, published by the council 5 Sep 2026 Conditions
  • 26/01386/DISC Refused

    Sydenham Farm Aynho Road Adderbury OX17 3WS

    Discharge of Condition 4 (CEMP) of 25/01354/F

    Received 3 Jun, published by the council 1 Aug 2026 Conditions