Agenda item

(Director of Governance) To consider the attached report for the demolition of the existing stables & warehouse, and the erection of 8 dwelling houses & associated landscaping (DEV-018-2015/16).

The Senior Planning Officer presented a report on the demolition of an existing stables and warehouse, and the erection of eight dwelling houses and associated landscaping at The Paddock, Grove Lane in Chigwell.

 

The Senior Planning Officer informed the Committee that this application had been considered by Area Planning Sub-Committee South on 3 February 2015, where it was refused in line with the Officer recommendation. Subsequently, four Members of the Sub-Committee stood to refer this application to this Committee for a final decision, under the Minority Reference rules within the Constitution.

 

The Senior Planning Officer stated that Grove Lane consisted of linear residential development with a Grade II Listed Building at the head of the road next to the application site, with an approximate 10 metre separation. The application site was currently an equestrian stables with low intensity use, and contained a number of low height equestrian buildings, hardstanding and equestrian facilities. The proposal sought permission for the demolition of the existing structures on the site and the erection of eight dwellings, an access road with parking and associated landscaping. The dwellings would form a linear development with the access road to the front and 23 parking spaces on the opposite side of the road. Four of the dwellings would be detached properties with four or five bedrooms, whilst the remaining four dwellings would be semi-detached properties with two bedrooms each. The site was within the metropolitan Green Belt, but it had been declared as previously developed land by a Planning Inspector at an appeal for a previous application at this site, which had been refused at Committee and dismissed at appeal.

 

Planning Officers had concluded that this revised application had still not overcome the previous reasons for refusal relating to impact on the Green Belt, the character of the area and the setting of the listed building. Consequently, the application was recommended for refusal.

 

The Committee noted the Summary of Representations received in relation to the application. There had been 16 letters of objection received, all from residents in Grove Lane. There had been three letters of support received, including from the Parish Council, and 1 qualified letter of support with concerns over the access to the open land. The Committee heard from an Objector, the Parish Council and the Applicant’s Agent before proceeding to debate the application.

 

Cllr J Knapman acknowledged the views of the residents, but the nearby Waterworks was considered an industrial landscape, and this site was previously developed land. The section of the development that was previously felt to be affecting the openness of the Green Belt had been revised, and this was one of only two or three brownfield sites in Chigwell suitable for development. The Member feared that this site could be commercially developed or developed without permission when the new Planning Bill became law, and that the Council had an opportunity to control the development on the site with this application.

 

Other Members who offered support for the application highlighted that the development would be at the end of Grove Lane and would be an enhancement on the current site; the development would add to the openness of the Green Belt through the removal of the outbuildings currently in situ; and permission for the site to be developed needed to be granted now to prevent, potentially, twice as many dwellings being built on the site in the future. Councillor J Philip highlighted that the Council needed new housing within the District and perhaps could not wait for the Green Belt Review to be completed. There was adequate parking provision being provided as part of the application as well as the transfer of the open land to the south of the application site to the Parish Council. The car movements for 8 dwellings would probably be less than the current equestrian use given that sizeable vehicles were likely to access the stables, and on balance the Member felt that there would be less impact on the immediate area from a development of houses than possible industrial development.

 

Cllr H Brady felt that the scheme was not sympathetic to the setting and that 8 dwellings should be considered overdevelopment. The Equestrian Centre should not be considered as a brownfield site, and this was not the right scheme for the location. Councillor J M Whitehouse added that such pockets of Green Belt land should be considered as part of the Green Belt Review before being removed form the Green Belt and made available for development. The increase in volume from this development was highlighted and that as the development would be closer to the Listed Building then it would have more of an impact. Other Members also expressed concerns about pre-empting the Review of Green Belt land within the District.

 

Cllr J Knapman added that possible development sites within Chigwell were being considered as part of the Neighbourhood Plan being developed by the Parish Council, and this application presented an opportunity to obtain control of the site now. The Member proposed that the application should be granted permission, with conditions appertaining to materials to be used, hours of working, wheel washing and landscaping. In addition, a Section 106 agreement should be signed by the Developer to transfer the proposed parcel of land to the Parish Council and make the proposed payment of £50,000 to the Parish Council to maintain the area in perpetuity. A number of standard conditions were also proposed by Members, along with the removal of Permitted Development rights at the site.

 

A number of Members commented that a list of planning conditions should have been prepared by the Officers to allow for the possibility of the Committee being minded to grant permission for the application.

 

Cllr C C Pond and Cllr R Jennings abstained from voting on the application, following a ruling by the Chairman, as they had been delayed by traffic congestion and had entered the meeting after consideration of the item had begun.

 

Resolved:

 

(1)        That planning application EPF/1891/15 at The Paddock, Grove Lane in Chigwell be granted permission, subject to the following conditions:

 

1.         The development hereby permitted must be begun not later than the            expiration of three years beginning with the date of this notice.

           

2.         The development hereby permitted will be completed strictly in accordance with the approved drawings nos: FJT_100, FJT_101 Rev A, FJT_200, FJT_201 Rev B, FJT_210 Rev B, FJT_211 Rev A, FJT_212 Rev A, FJT_213 Rev A, FJT_214 Rev A,  FJT_220 Rev B, FJT_301 (dated Nov '15) and FJT_302 (dated Nov '15).

 

3.         No construction works above ground level shall take place until documentary and photographic details of the types and colours of the external finishes including doors, windows, guttering, downpipes, soffits and fascias have been submitted to and approved by the Local Planning Authority, in writing. The development shall be implemented in accordance with such approved details.

 

4.         No development shall take place until wheel washing or other cleaning facilities for vehicles leaving the site during construction works have been installed in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority. The approved installed cleaning facilities shall be used to clean vehicles immediately before leaving the site.

 

5.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any other Order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Classes A, B or E of Part 1 of Schedule 2 to the Order shall be undertaken without the prior written permission of the Local Planning Authority.

 

6.         No development shall commence until a scheme to enhance the nature conservation interest of the site, to include the incorporation of one bat tube on the south facing wall of each house, has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented in full prior to the occupation of the development hereby approved.

 

7.         No development shall take place, including site clearance or other preparatory work, until full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) for the whole site including the area of land that is to be handed over to the Parish Council have been submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

 

8.         No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan Arboricultural Method Statement and site monitoring schedule in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction - recommendations) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved documents unless the Local Planning Authority gives its written consent to any variation.

 

 

9.         No development shall take place until details of the proposed surface materials for the parking and vehicular access have been submitted to and approved in writing by the Local Planning Authority. With the exception of within 6 metres of the highway boundary, for which no unbound material shall be used, the agreed surfacing shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the site. The agreed surface treatment shall be completed prior to the first occupation of the development or within 1 year of the substantial completion of the development hereby approved, whichever occurs first.

 

10.       The carriageway of the vehicular access to the parking provision and the parking provision shall be constructed prior to the commencement of the erection of any dwelling proposed to have access from such a vehicular access. The footway commensurate with the frontage of each dwelling shall be completed prior to occupation of the dwellings they are to serve.

 

11.       Gates shall not be erected on the vehicular access to the site without the prior written approval of the Local Planning Authority.

 

12.       The parking area shown on the approved plan shall be provided prior to the first occupation of the development and shall be retained free of obstruction for the parking of residents and visitors vehicles.

 

13.       Prior to first occupation of the proposed development, the developer shall be responsible for the provision to and implementation of for each dwelling a Residential Travel Information Pack for sustainable transport, approved by Essex County Council.

 

14.       There shall be no discharge of surface water onto the highway.

 

15.       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.

 

16.       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, ground waters 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]

 

17.       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, ground waters 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]

 

18.       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 and any 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]

 

19.       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.

 

20.       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.

 

21.       All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

 

22.       No development shall take place until details of foul and 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.

 

23.       No bonfire shall be permitted on site throughout the demolition and construction phase of the development.

 

24.       No development shall take place until details of levels have been submitted to and approved by the Local Planning Authority showing cross-sections and elevations of the levels of the site prior to development and the proposed levels of all ground floor slabs of buildings, roadways and access ways and landscaped areas. The development shall be carried out in accordance with those approved details.

 

25.       Prior to commencement of the development the land as shown on approved drawing number FJT_302 “Parish Council Transfer” outlined in and shaded orange shall be permanently transferred to the ownership of Chigwell Parish Council at no cost together with the sum of fifty thousand pounds.