Agenda item

(Development Management Service Manager) To consider the attached report for the release of planning permission previously agreed by Committee, following recommendations to GRANT permission subject to conditions and contributions or mitigation measures relating to air quality within the Epping Forest Special Area of Conservation.

The Service Manager for Development Management – A Marx – presented a report for the release of planning permission previously agreed to develop the garages to the rear of 13 – 43 Charles Street in Epping, following the receipt of mitigation measures relating to air quality within the Epping Forest Special Area of Conservation (SAC).

A Marx reminded the Committee that this application had requested permission to demolish the existing garage buildings and construct nine two-bedroomed mews houses with associated landscaping, parking, bicycle and refuse stores. This application was granted in June 2019 by Area Planning Sub-Committee East subject to planning conditions and the requirement to enter into a legal agreement to secure a financial contribution or other mitigation measures relating to the air quality within the SAC. Further traffic assessments had been submitted for this particular application which had concluded that the new use by the application would result in a reduction in the number of vehicle movements compared to the current use of the site, and therefore would have no likely significant effect on the Epping Forest SAC. Thus, the Committee was requested to release the planning permission but remove the previous requirement to enter into a legal agreement relating to mitigation measures for the air quality within the SAC.

Cllr J M Whitehouse felt that the Council had to be cautious over data presented regarding traffic movements as one survey had different figures to another, and the Council should not rely on surveys which were subject to a wide margin of error. In addition, the more serious concern was the possible accumulative effect on the SAC from multiple planning applications being granted permission. A Marx reassured the Councillor that the possible accumulative effect mentioned was taken in account by Officers, and acknowledged the point concerning the accuracy of the data used for such surveys but this was an accepted methodology that was used for all planning applications. Cllr J M Whitehouse countered that the Council needed to be aware that methodologies had flaws.

Cllr C C Pond agreed with the views expressed and also enquired how far the site was from the SAC. A Marx stated that the distance from the SAC of the site was not relevant to the assessment as the model assumed that a percentage of vehicles from all across the District would travel through the Forest. Cllr J Philip added that the model also took account of the potential full utilisation of the site and not just the proposed use, as the Council had to satisfy the scientific approach adopted by Natural England. The Councillor felt that the assessment had demonstrated that no additional trips through the Forest would be generated to the satisfaction of Natural England, and would support the proposal to release the planning permission.

Cllr S Heap observed that the impact on the SAC would not just be generated by traffic movements through the Forest, but also from stationery traffic at various junctions throughout the District. Cllr J Philip reminded the Committee that planning permission had already been granted and it was the issue of the effect on the SAC from the application which prevented the release of that permission. The key calculation in the methodology was the number of traffic movements through the Forest, i.e. travelling from one side of the Forest to the other; not stationery traffic within or around the Forest.

            Decision:

(1)        That the planning permission previously granted for planning application EPF/3426/18 at the garages to the rear of 13 – 43 Charles Street in Epping be released subject to:

            (a)        the planning conditions previously agreed; and

            (b)        the removal of the previously agreed requirement to enter into a             Legal Agreement to secure a financial contribution or other mitigation             measures relating to the air quality within the Epping Forest Special             Area of Conservation.