Agenda item

To consider the attached report on the installation of an outdoor swimming pool and hard landscaped surround in the grounds of Hainault Hall. The pool is adjacent to and associated with an annexe to the Hall (under construction).

The presenting officer highlighted that the application had been deferred from Area Planning Sub-Committee South on 16 August 2023 for a site visit to be undertaken and that, despite repeated attempts, the Case Officer had been unable to arrange a Member Site Visit and therefore, the application was back in front of the Committee for a decision based on the information presented. Additional photographs and images were included in the presentation. The presenting officer also recommended that the wording of the suggested conditions be amended since works had already commenced, so the trigger points within certain conditions would need to be changed.

A Chigwell Parish Councillor spoke and referenced an appeal decision that determined that an outdoor swimming pool in a residential garden used only by the residents would not meet the exception of ‘outdoor sport and recreation’.

Members discussed the visual impact of the proposal, including the significant level of hardstanding and visual encroachment into the Green Belt land to the rear of the site. The view was taken that this proposal was inappropriate development in the Green Belt.

Members were informed that usually swimming pools such as this would not require planning consent, however this did not benefit from permitted development since it was in the curtilage of a listed building. Therefore, there was no fallback position.

Queries were raised about the need for this development since there was already an indoor pool elsewhere on the site, and it was noted that there was already significant development to the rear as a result of the approved outbuilding.

Members considered that since the pool was now complete and in use it was known that this did have an impact already on the amenities of the neighbours and it was not considered that the provision of additional landscaping would adequately mitigate this.

A vote was taken on the officer’s recommendation to approve consent, subject to conditions, with was unanimously voted against.

The Chairman put forward reasons for refusal based on this being inappropriate development within the Green Belt with no very special circumstances, and also due to the impact on neighbours’ amenities. The presenting officer obtained clarity on what harm would be caused to neighbouring residents based on this being in a residential garden. The Committee voted unanimously to refuse consent.

Therefore, the application was refused for the following reasons:

1.              The proposal constitutes inappropriate development harmful to the openness of the Green Belt. No very special circumstances exist that clearly outweigh this harm, and therefore the development is contrary to policy DM4 of the adopted Epping Forest District Local Plan 2011-2033 (2023) and the guidance contained within the National Planning Policy Framework (2023).

2.              The proposed development would have a detrimental impact on the amenities of neighbouring residents in Maypole Drive through harm caused by noise nuisance, a loss of visual amenity, and loss of the quiet enjoyment of their garden space, contrary to policy DM9 of the adopted Epping Forest District Local Plan 2011-2033 (2023) and the guidance contained within the National Planning Policy Framework (2023).