Agenda item

(Director of Governance) To consider the attached report for the use of parts of the site as an outdoor recreation and activity centre for children together with the erection of new buildings to provide: guest accommodation, dining hall and kitchen, pavilion (changing rooms); and the conversion of several listed buildings to provide further guest accommodation and classrooms, together with a new lake for water based activities and the erection of free-standing activity structures (DEV-022-2015/16).

The Assistant Director of Governance (Development Management) presented a report for a planning application at the Royal Gunpowder Mills in Powdermill Lane, Waltham Abbey.

 

The Assistant Director stated that the Royal Gunpowder Mills was considered to be one of the most extensive and significant heritage sites in the District, which could trace the history and manufacture of explosives from the 16^th Century. The entire site was in excess of 63 hectares, most of which was designated as a Site of Special Scientific Interest and a Scheduled Ancient Monument. The site contained 20 Listed Buildings, many of which were Grade II with one being Grade I. The site was located to the north west of Waltham Abbey and close to the boundary of Broxbourne. To the west of the site, there was 800 metres of undeveloped open land before the urban town of Waltham Cross. The entire site was within the Lee Valley Regional park, as well as the Metropolitan Green Belt, and to the north there were a series of reservoirs, marshland and streams associated with the River Lee.

 

The Assistant Director informed the Committee that the proposal was a joint application between PGL Travel Limited and the Waltham Abbey Royal Gunpowder Mills Charitable Foundation Limited (WARGM Trust). The current visitor attraction received approximately 20,000 visitors, and 9,000 schoolchildren, per annum. Despite this, it had been claimed that the site could only generate 60% of its running costs, and since 2002 had required an average grant subsidiary of £400,000 per year. The strategy for the Gunpowder Mills was that it should be become self-supporting, but there had always been a need for a separate income to cover the cost of maintaining the rest of the site, particularly the woodland area. There was also a legal obligation to maintain and retain the listed buildings. The application sought permission to use parts of the site as an outdoor recreation and activity centre for children, together with the erection of new buildings to provide guest accommodation, dining hall and kitchen, pavilion (changing rooms), and the conversion of several listed buildings to provide further guest accommodation and classrooms, together with a new lake for water based activities and the erection of free-standing activity structures.

 

The Assistant Director reported that Planning Officers had concluded the scheme was well designed, would bring employment and tourism benefits to Waltham Abbey, and would secure the long term maintenance of this important, historic site. It was felt that this could be achieved without significant harm to the openness of the Metropolitan Green Belt, or harm to the character and amenity of the area. Whilst there were concerns over contamination, drainage, sewerage and traffic issues, these were all matters which could be controlled by planning conditions. The proposal accorded with the National Planning Policy Framework, satisfied the presumption in favour of sustainable development, and complied with the adopted policies of the Local Plan. Therefore, the application was recommended for approval.

 

The Committee noted the summary of representations received in respect of the application. A total of 59 letters of objection had been received, of which 30 were from residents of Waltham Abbey. The Lee Valley Regional Park Authority had expressed reservations about the proposed development and its likely impact on the ecology and landscape of the wider site, including the Abbey itself and the Cornmill Meadow Site of Special Scientific Interest (SSSI). Waltham Abbey Town Council had objected to the proposal, whilst Broxbourne Borough Council had raised no objections. The Committee heard from an Objector and the Applicant before proceeding to debate the application.

 

A number of the Members of the Committee expressed concerns about the application. A local Member for Waltham Abbey Honey Lane was concerned about the possible loss of the tourist attraction as the proposal for an outdoor recreation and activity centre appeared to be taking over the site. The site was a very valuable asset to the District, providing educational activities for children to enjoy. The site needed to be promoted properly, and the Member supported an alternative for PGL Travel Limited to use only the eastern flank of the site. A local Member for Loughton Broadway added that this was a unique site, which the Member had visited many times. The current lack of visitor numbers was acknowledged, but the application would devalue the international importance of the site. The Member also felt that the design of the accommodation was banal and unattractive. The whole site was a conservation area, and the application would detract from and not enhance the Heritage site. A local Member for Loughton St Mary’s stated that the District was blessed with historical assets, and the Council had a responsibility to preserve and enhance the Gunpowder Mills. The Member felt that the proposal was overdevelopment and was not sympathetic to the current site layout.

 

A local Member for Waltham Abbey North East opined that the Royal Gunpowder Mills was only one of three sites remaining, and had an international reputation. The Member was minded to not support the application. A local Member for Theydon Bois could not see how both activities would be compatible at this site. The Member thought that the design was utilitarian and the development was inappropriate. A local Member for Loughton St John’s appreciated the challenges facing the Trust, and the attraction of the application by PGL Travel Limited. However, this was an historical site, and the application was to the detriment of the site. The Council had a duty of care to the site, and a better solution should be found. A local Member for Epping Hemnall emphasised the reference to the site in the adopted Local Plan, and expressed concerns about the impact of the development on the Green Belt, and that the proposed wording of the Unilateral Undertaking was weak in relation to the aims for the site within the adopted Local Plan.

 

The Assistant Director added that there was deer management operated elsewhere in the SSSI, but Officers felt that the development would not unduly harm the deer. Historical enactments would not necessarily continue after the development, but this was not a planning issue, although PGL Travel Limited had agreed to allow four public events on site each year. It was still proposed to retain the current visitor attraction, and the report made clear that the site, although within the Metropolitan Green Belt, was considered as “previously developed land”.

 

However, there were other Members of the Committee who supported the scheme. A local Member for Grange Hill reminded the Committee that the site was not profitable, and that a solution needed to be found or the site would be lost to the District. A local Member for Chigwell Village stated that the site contained a unique set of buildings and it was a disgrace that the site had been allowed to degenerate to its current state. The Trust did not have sufficient funding, the buildings would continue to degrade and they needed to be preserved. This application could allow the site to be saved and continue to be accessible to the public. A local Member for Passingford agreed that the condition of the buildings not open to the public had got worse as the Trust had not had the resources. The site was not currently open very often, with limited opening hours. The Member felt that the design of the buildings were sympathetic to the existing site and the proposed outdoor recreation and activity centre would be a good synthesis.

 

It was highlighted that there was nothing in the proposed legal agreement (Unilateral Undertaking) to save the current buildings on the site, but it was pointed out that the Trustees were looking to bring these buildings back into use. A local Member for Loughton Broadway accepted that the Trust currently did not have sufficient funding, but the application would subordinate the Heritage Site to the outdoor recreation and activity centre, which would then have a negative effect on the Heritage site. The site would need a rescue package – housing was suggested – and other options should be explored.

 

The Chairman closed the debate by saying that he was upset to see the current condition of the buildings, and it was very important to bring those buildings back into public use. The Royal Gunpowder Mills was an integral part of Waltham Abbey’s history, and there was a very real threat that they might disappear. Therefore, the Chairman had resolved to support the application.

 

Following the vote by the Committee to grant planning permission for the development, subject to the addition of an extra condition concerning the erection of a screening fence, four Members of the Committee stood up and requested that the application be referred to the Council for a final decision under the Minority Reference rules within the Constitution (Part 4, “Council Procedure Rules”, Rule M2 “Minority References” refers).

 

Decision:

 

(1)        That a report be submitted to the Council recommending approval for planning application EPF/3028/15 at The Royal Gunpowder Mills in Powdermill Lane, Waltham Abbey, subject to:

 

            (a)        the completion of a legal agreement (Unilateral Undertaking) to        ensure:

 

(i)         the income from the PGL lease be used for the preservation and enhancement of the whole site, including the Scheduled Ancient Monument (SAM) and Site of Special Scientific Interest (SSSI) outside of the application site area, in accordance with the charitable objectives of the Trust;

 

(ii)        the preparation of a Landscape & Ecological Management Plan (LEMP) and Access Management Plan (AMP) prior to the first occupation of the development; and

 

(iii)        the implementation of the LEMP and AMP from the first occupation of the development; and

 

            (b)        the following planning 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 these being those set out in the Drawing Register (Sheets 1 to 4) submitted with the application.

 

3.         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.

 

4.         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]

 

5.         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]

 

6.         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]

 

7.         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.

 

8.         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.

 

9.         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.

 

10.       No works shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented prior to occupation. The scheme shall include:

·                 Run-off rates restricted to a minimum of 50% betterment on any areas where new developments are proposed on site.

·                 Storage on site for the 1 in 100 inclusive of climate change storm event for any new developments on site.

·                 An appropriate amount of treatment in line with the CIRIA SuDS Manual C753 for any areas where new developments are proposed.

·                 A drainage plan highlighting final exceedance and conveyance routes, discharge rates and outfalls for the whole site.

 

11.       No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.

 

12.       No works shall take place until a Maintenance Plan detailing the maintenance arrangements, including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority.

 

13.       The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

14.       Development shall not commence until a Drainage Strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the Strategy have been completed.

 

15.       Development shall not be commenced until:

 

            (a)        full details, including anticipated flow rates, and detailed site plans have been submitted to, and approved in writing by, the Local Planning Authority (in consultation with Thames Water); and

 

            (b)        where this development forms part of a larger development, arrangements have been made to the satisfaction of the Local Planning Authority (in consultation with Thames Water) for the provision of adequate water supplies for the whole of the development.

 

16.       No burning of materials or operation of machinery shall take place on the former burning ground between 1 February and 31 July in any year, unless the heronry area has first been assessed by a competent ornithologist not more than 3 days before the carrying out of the activity in question and this assessment has confirmed that no breeding herons are present.

 

17.       The burning ground shall be subject to an appropriate level of remediation and restored to appropriate semi-natural grassland and/or scrub habitat(s) within 6 months of the completion of the programme of treatment of the arisings from the demolition of the east flank buildings.

 

18.       No structures are to be erected within 100 metres of the SSSI; with the exception of structures the height of which is less than that of the adjacent SSSI trees.

 

19.       No conversion/demolition or preliminary groundworks of any kind shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

 

20.       No development shall have taken place until samples of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority in writing prior to the commencement of the development. The development shall be implemented in accordance with such approved details. For the purposes of this condition, the samples shall only be made available for inspection by the Local Planning Authority at the planning application site itself.

 

21.       No development, including works of demolition, site clearance, or investigations / remediation in connection with contaminated land, shall take place until a Tree Protection Plan, and Arboricultural Method Statement 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.

 

22.       Should any health and safety risks associated with the residential occupation of buildings, from either toxic or explosive substances be identified a report detailing the steps taken to remove such risks together with verification from an appropriate expert that these works have satisfactorily been completed and that no appreciable risks remain shall be submitted to the Local Planning Authority, prior to the first occupation of the site.

 

23.       Should any possible risk of explosives within the soils at the site be identified during works at the site then full details of the remediation steps required to prevent risk, together with verification from an appropriate expert that the remediation required has been carried out in full shall be submitted to the Local Planning Authority prior to the first use of the site.

 

24.       All ground works, deliveries and/or demolition shall be in accordance with the submitted Construction Management Plan (CMP). The CMP shall be adhered to throughout the construction period.

 

25.       The submitted Traffic Management Plan for the site shall be implemented and adhered to throughout the operating life of the development with any changes being agreed in writing with the Local Planning Authority.

 

26.       Prior to the first occupation of the development the vehicle parking and turning areas as indicated on the approved plans shall be provided, hard surfaced, sealed and marked out.  The parking and turning areas shall be retained in perpetuity for their intended purpose.

 

27.       No infiltration of surface water drainage into the ground at this site is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

28.       Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

29.       No development shall take place until a scheme for the provision and management of an 8 metre wide buffer zone alongside all watercourses shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the Local Planning Authority. The buffer zone scheme shall be free from built development including lighting and formal landscaping, and could form a vital part of green infrastructure provision. The schemes shall include:

·                 Plans showing the extent and layout of the buffer zone.

·                 Details of any proposed planting scheme (native species only).

·                 Details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan.

·                 Details of any proposed footpaths, fencing, lighting etc.

 

30.       Prior to first occupation of the development, details of a screening fence adjacent to the rear garden boundary to Hoppit Road of residential properties at 2, 3 and 4 Gregory Mews shall be submitted to and agreed in writing by the Local Planning Authority. The details as approved shall be provided before first occupation of the development and retained thereafter.