Agenda item

(Director of Governance) To consider the attached report for an outline application with all matters reserved except access for the erection of a Health Centre building; 60 Independent  Living Older Persons Apartments Building (Use Class C2 - with a minimum of 6 hours care to be provided per week for each apartment) with a minimum of 40% affordable; Leisure Centre and Swimming Pool Building (to include Fitness Suite and Community Hall); Open Space including a mini soccer grass pitch for use by under 7/8 year olds and footpaths; and ancillary development including three vehicular accesses off Hillhouse, car parking, and SUDs Infrastructure and demolition of Ninefields Community Centre Building (DEV-014-2016/17).

The Assistant Director of Governance (Development Management) presented a report for an outline application with all matters reserved except access for the erection of a Health Centre Building; 60 Independent Living Older Persons apartments building (Use Class C2 – with a minimum of 6 hours care to be provided per week for each apartment) with a minimum of 40% of the apartments to be provided as affordable housing; Leisure Centre and Swimming Pool building (to include Fitness Suite and Community Hall); Open Space including a mini soccer grass pitch for use by under 7/8 year olds and footpaths; and ancillary development including three vehicular accesses off Hillhouse, car parking, and SUDs Infrastructure and demolition of the existing Ninefields Community Centre building. This application was before the Committee as it was classed as a large scale major application on Council-owned land.

 

The Assistant Director reported that the application site was a 3.73 hectare area of land consisting of open space, car parking and the Ninefields Community Centre, located within the Ninefields estate. To the south, there was a brook and public footpath, with residential dwellings to the north, west and south of the site. To the east of the site was a small shopping parade within a pedestrianised square with residential flats above the retail units. Beyond these properties were further open spaces, including school playing fields. Within the site, the playing fields to the north were owned by Essex County Council, while the playing fields to the south, the Community Centre and the car parking area was owned by Epping Forest District Council. The site was not located within the Metropolitan Green Belt or a conservation area, although there were two veteran trees and a public footpath in the southern portion of the site. This was an outline application with all matters reserved except details of access, thus the only considerations for the Committee were the principle of the development plus the access arrangements and its impact on highway safety and the free flow of traffic.

 

The Assistant Director added that the four standard land contamination planning conditions should have been included on the report, and stated that these would be added if the application was approved. Condition 9 also referred to Cripsey Brook, when in actual fact this should have read Honey Lane Brook.

 

The Assistant Director stated that Planning Officers had concluded the proposal would provide purpose built facilities to meet the needs of the local community, including specialised Extra Care housing, of which 40% would be affordable housing. The key concern was the loss of part of the existing playing fields. However, 1.58 hectares of recreational ground would be retained as playing fields, the proposal would provide a new Leisure Facility and robust mitigation measures had been requested by Sport England; therefore, it was considered there were sufficient exceptional circumstances to outweigh the potential harm. The Transport Assessment had demonstrated that the additional traffic generated by the development would not adversely impact upon the existing highway network, and adequate off street parking would be provided. This was an outline application and therefore some matters were reserved, but it was felt that the proposed development would not have an unduly detrimental impact upon the amenities of surrounding residents or the character of the area. Consequently, as the benefits of the development was felt to outweigh any potential harm, and all relevant Local Plan Policies and Government Guidance had been complied with, the application was recommended for approval.

 

The Committee noted the summary of representations received in respect of this application, which included a petition containing 656 signatures objecting to the loss of the playing fields, an objection from the Ninefields Co-Operative Action Group, and a further four letters of objection from residents. There were four letters from residents outlining concerns with the application but not objecting, and Waltham Abbey Town Council had not objected either. A further four objections had been received after the agenda had been published. The Committee heard from an Objector and the Applicant’s Agent before proceeding to debate the application.

 

Cllr Dorrell, one of the Waltham Abbey Paternoster ward Members for the area, felt that the scheme had some merit as the area required regeneration, and the Cllr accepted that this was an outline application. However, whilst the Councillor had no objection to the new Medical Centre and Sports Hall, the current indicative plans would lead to a loss of open green space. Residents had raised concerns regarding overlooking and parking, and the Councillor felt that, overall, the proposal was slightly too large.

 

A number of the Members of the Committee highlighted that there had been no mention of the housing development at this location in any of the Member Local Plan workshops, only the development of the replacement Sports Centre. Urban green open spaces were important to the wellbeing of local residents, and thousands of homes surrounded the site and used the current green open space. It was also emphasised that there were not many letters in support of the application in the report. These Members felt that the loss of 75% of the current urban green open space was too much, and were not convinced that there was a requirement for further housing to be developed at this location.

 

Other Members acknowledged the concerns regarding the loss of urban green open space, and the development of the proposed housing being considered too much for the location; however, in return for the loss of the open space, Waltham Abbey would be gaining two new assets in the form of the Medical Centre and the replacement Sports Centre, which would include a new Swimming Pool. It was noted that other towns were losing their facilities, but in this instance the Council was providing replacement facilities. The support for the proposal from Sport England was also emphasised, although further concerns were raised about the provision of only 45 parking spaces for the 60 apartments.

 

The Assistant Director reminded the Committee that the outline application would not agree the number of parking spaces to be provided for the apartments, and acknowledged that this could be investigated further before the final planning application was received. The Committee was also informed that the housing element was a key part of the application before them. The Director of Neighbourhoods also stated that the £340,000 financial contribution, which formed part of the legal agreement, would be used to provide replacement playing pitches at alternative locations, and would not be used to further develop the Playing Pitch Strategy.

 

Cllr Webster, also a ward Member for Waltham Abbey Paternoster, reminded the Committee that this was only an outline planning application. Work on the proposal had begun 18 months ago, and the Councillor felt that the majority of residents were then in favour of it. Cllr Webster shared the concerns about the lack of parking provision for the apartments, but also emphasised the urban green open space adjacent to the application site which would be retained. On balance, the Councillor supported the application.

 

The Director of Neighbourhoods reassured the Committee that the schemes were financially independent of each other; there would be no cross-subsidy for the development of the Sports Centre/Swimming Pool from the development of the apartments. The Director of Communities also stated that Essex County Council had undertaken substantial research into the scheme, and had concluded that 60 units was the minimum required to make the scheme viable.

 

Decision:

 

(1)        That planning application EPF/2207/16 at the Playing Fields and Community Centre in Hillhouse, Ninefields, Waltham Abbey be granted outline permission, subject to the listed conditions and the completion by 1 March 2017 (unless otherwise agreed in writing by the Local Planning Authority) of a Legal Agreement:

 

            (a)        to secure 40% affordable housing as part of the independent            living accommodation (Class C2);

 

            (b)        for this element of the scheme to be provided by a developer           listed in Essex County Council’s Developer/Provide Panel; and

 

            (c)        to provide £340,000 as a financial contribution to be used on projects          identified through the Playing Pitch Strategy;

 

(2)        That, should the developer/applicant fail to complete a Section 106 Legal Agreement within the stated time period, authority be delegated to Officers to refuse planning permission on the basis that the proposed development would not comply with Local Plan policies regarding the provision of affordable housing and the loss of playing fields; and

 

(3)        That the planning conditions for this proposal be as follows:

 

1.               The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters as defined in condition 2 below, whichever is the later.

 

2.               (a)        Details of the reserved matters set out below ("the reserved matters") shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:

 

            (i)         layout;

 

            (ii)         scale;

 

            (iii)        appearance; and

 

            (iv)        landscaping.

 

(b)       The reserved matters shall be carried out as approved.

 

(c)        Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

3.               The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 01131_PP_04 Rev: P2, 01131_MP_03 Rev: P1, 02218-01 and the letter dated 27 October 2016 from Derek Macnab, Director of Neighbourhoods & Deputy Chief Executive for Epping Forest District Council, regarding a commitment to pay a financial contribution.

 

4.               Construction of the Leisure Centre development hereby permitted shall not commence until the area shown in Drawing 01131 PP 04 Rev: P2 has been delineated as a mini football pitch with dimensions of 37 x 27 metres with goal posts so that it is available for use as a mini soccer pitch. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order amending, revoking or re-enacting that order) that area shall not thereafter be used for any purpose other than as a playing field unless otherwise approved in writing by the Local Planning Authority.

 

5.               The relocation scheme for existing formal users of the playing fields as outlined within the letter dated 15 November 2016 from James Warwick, Assistant Community Health and Wellbeing Manager for Epping Forest District Council, shall be agreed prior to commencement of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

6.               No development shall take place, including any ground works or demolition, until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority. The approved CMP shall be adhered to throughout the construction period. The CMP shall provide for the following all clear of the highway:

 

- safe access into the site;

- the parking of vehicles of site operatives and visitors;

- loading and unloading of plant and materials;

- storage of plant and materials used in constructing the development; and

- wheel and underbody washing facilities.      

 

7.               Prior to the first occupation of the development the access arrangements and visibility splays, as shown in principle on Phil Jones Associates drawing no.02218-01, shall be fully implemented and be retained as such in perpetuity (subject to appropriate detailed design and road safety audit).

 

8.               Prior to first occupation of the development details shall be submitted to and agreed in writing by the Local Planning Authority for an upgrade to the existing surface of footpath no.54 Waltham Abbey, from the footbridge at Hillhouse west to its junction with Mason Way (approx. 245m), and/or possibly improving it to an adopted shared use ped/cycleway 3m wide, the approved scheme shall then be fully implemented.

 

9.               The recommendations and enhancements in sections 8.4, 8.8 and 8.9 of the Preliminary Ecological Assessment dated 26 July 2016 by place services shall be adhered to. These include the following:

 

-   Specialist nest boxes and three generalist bird boxes shall be       incorporated into the development affixed to trees on or adjacent to the site.

 

-   Any removal of trees, scrub or hedgerows shall be undertaken outside of the bird breeding season (commonly between 1 March and 31 August). If this is not possible, habitat removal shall be supervised by an Ecologist.

 

-   Suitable reptile habitat along Honey Lane Brook shall be retained and enhanced. Contractors should be made aware of the legislation protecting reptiles, and as a precautionary measure any habitat clearance shall be carried out when temperatures exceed 10 degrees.

 

-   Tree planting consisting of native species of local provenance should be incorporated into the development (such as oak, field maple, silver birch, alder and aspen). Fruit bearing trees including cherry, hawthorn, guelder rose and rowan should also be included. Planting should be linear and link to off-site habitats where possible.

 

-   Any hedgerow planting should link to existing, or proposed habitat to ensure habitat connectivity through the site.

 

-   Tree planting along Honey Lane Brook would help to absorb run-off and any associated pollution.

 

-           As well as tree planting, additional shrub and marginal plants of local provenance should be introduced. This scheme should be dictated by the soil conditions and jointly designed by a landscape architect / ecologist.

 

-   Log piles should be introduced to benefit invertebrates and provide habitat for reptiles to shelter under.

 

-   Some scrub should be left to benefit nesting birds.

 

-   Litter on the banks and within the stream should be removed.

 

10.            The Location of the proposed Independent Living Apartments, Health Centre and Leisure Centre/Swimming Pool shall be within those areas indicated on drawing ref: 01131_PP_06 Rev: P1.

 

11.            The development hereby approved shall be carried out in accordance with the Flood Risk and Drainage Impact Assessment Issue 5 dated 15 August 2016, unless otherwise agreed in writing by the Local Planning Authority.

 

12.            A flood risk assessment and management and maintenance plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The assessment shall include calculations of increased run-off and associated volume of storm detention using WinDes or other similar best practice tools. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

 

13.            No development shall take place until details of surface water disposal have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

 

14.            No development shall take place until a Phase 1 Land Contamination investigation has been carried out. A protocol for the investigation shall be submitted to and approved in writing by the Local Planning Authority before commencement of the Phase 1 investigation. The completed Phase 1 report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any necessary Phase 2 investigation. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the Phase 2 site investigation condition that follows]

 

15.            Should the Phase 1 Land Contamination preliminary risk assessment carried out under the above condition identify the presence of potentially unacceptable risks, no development shall take place until a Phase 2 site investigation has been carried out. A protocol for the investigation shall be submitted to and approved by the Local Planning Authority before commencement of the Phase 2 investigation. The completed Phase 2 investigation report, together with any necessary outline remediation options, shall be submitted to and approved by the Local Planning Authority prior to any redevelopment or remediation works being carried out. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the remediation scheme condition that follows]

 

16.            Should Land Contamination Remediation Works be identified as necessary under the above condition, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved remediation scheme unless otherwise agreed in writing by the Local Planning Authority. The remediation scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures andany necessary long term maintenance and monitoring programme. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 or any subsequent version, in relation to the intended use of the land after remediation.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the verification report condition that follows]

 

17.            Following completion of measures identified in the approved remediation scheme and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented.

 

18.            In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition.