Agenda item

Planning Application EPF/2163/13 - Sir Winston Churchill Public House and adjoining land, The Broadway, Loughton - Demolition of Public House and garages and replacement with construction of a mixed use development

(Director of Planning and Economic Development) To consider the attached report.

Minutes:

The Committee considered an application which sought the demolition of an existing public house and garages on an adjoining site and its replacement with a mixed use development of retail and food and drink units on the ground floor with 64 residential units over the six floors above. The proposed development had 62 parking spaces and access and car parking and was on a prominent site at the beginning of Loughton Broadway within the Council’s Debden Town Centre and Broadway Development Brief which had been adopted by the Council in 2008. The committee received details of the design of the building proposed.

The committee noted that the development could proceed if the recent approval of a retail park on Langston Road and its associated changes to the local road layout were implemented.

The committee noted that the proposed building, of a contemporary design had a staggered appearance with upper floors lowering towards adjoining properties. The suggested conditions included the re-provision of a minimum of 150sqm for a drinking establishment and a section 106 agreement which would secure education and healthcare contributions. Any approval would also be subject to the applicant agreeing to an extension of time for the signing the Section 106 Agreement.

The highways officers considered the parking provision was acceptable on the basis of almost one space for each unit as was the effect on traffic generation from the site.

It was proposed that no affordable housing would be provided within the development on the basis that it would be financially unviable which had been verified by the Council’s specialist consultants.

The Committee noted the representations made to the Council including a petition and objections from Town Centre Partnership, Loughton Town Council and Loughton Residents Association Plans Group.

The Committee heard from a representative of the Town Centre Partnership, an objector and the local Town Council. During the presentation by the applicants agent, members of public interrupted the proceedings and, on resolution of the Committee, the public gallery was cleared for the reminder of the discussion. The meeting was adjourned between 8.05pm and 8.20pm to facilitate the clearing of the gallery.

The committee heard from the applicants agent and local ward members.

The main issues for the committee were the loss of the public house and whether the size and scale of the building were appropriate. Evidence was that the public house was not a viable business and that principle of the loss of the building had been accepted when the Development Brief had been agreed. An area for a new drinking establishment was proposed.

Concern was expressed by some members that the new building was too high and of a bulky appearance and that giving permission to the development would set a precedent for high rise developments elsewhere. It was felt that the development could prove to be a catalyst for regeneration of the area and would create jobs. There was also a presumption in favour of development and the site was in a sustainable area, close to facilities and transport.

The Committee considered a proposal that the application be refused on the basis of the building being excessive by virtue of its bulk and height and also had a lack of landscaping which was defeated.

The committee then considered whether further application conditions might be required and agreed that conditions relating to hours of construction and hours of opening of retail units should be applied.

The committee proceeded to grant the application subject to the section 106 agreement, associated requirements and conditions as amended by the Committee.

Resolved:

That Planning application EPF/2163/13 be granted subject to:

(i) The Applicant agreeing to an extension of time beyond the statutory 13 week deadline and also subject to the completion of a Section 106 legal agreement and planning conditions.

In the event that the Applicant fails to complete a Section 106 Legal Agreement within the stated time period, Members delegate authority to officers to refuse planning permission on the basis that the proposed development would cause harm to local education and health services by generating additional demand which cannot be accommodated within existing capacity.

(ii) Section 106 legal agreements (to be completed by 31^st March 2014 unless the Applicant has, prior to this date, agreed an extension of time end date with Planning Officers) to secure the following:

· A contribution of £192,016 towards the provision of local primary and secondary education facilities; and

· A contribution of £14,400 towards the provision of healthcare services within the locality.

(iii) 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. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).
(2)	No construction works above ground level shall take place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing. The development shall be implemented in accordance with such approved details. Reason:- To ensure a satisfactory appearance in the interests of visual amenity, in accordance with the guidance contained within the National Planning Policy Framework and policy DBE1 of the adopted Local Plan and Alterations.
(3)	The development hereby permitted will be completed strictly in accordance with the approved drawings nos:2486 PL01; 2489 PL02C; PL03B; PL04_1E; PL04_2E; PL05E; PL06D; PL07C; PL08C; PL09; PL10B; PL11B; PL12C; PL13C; PL16A; PL17. Reason: To ensure the proposal is built in accordance with the approved drawings.
(4)	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. Reason:- The development is of a size where it is likely to result in increased surface water run-off, in accordance with the guidance contained within the National Planning Policy Framework and policy U2B of the adopted Local Plan and Alterations.
(5)	Should any discoloured or odorous soils be encountered during development works or should any hazardous materials or significant quantities of non-soil forming materials be found, then all development works should be stopped, the Local Planning Authority contacted and a scheme to investigate the risks and / or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the Local Planning Authority prior to the recommencement of development works. Following the completion of development works and prior to the first occupation of the site, sufficient information must be submitted to demonstrate that any required remedial measures were satisfactorily implemented or confirmation provided that no unexpected contamination was encountered. Reason: It is the responsibility of the developer to ensure the safe development of the site and to carry out any appropriate land contamination investigation and remediation works. The condition is to ensure the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
(6)	No development shall take place until either details of a satisfactory ground gas investigation and risk assessment has been carried out and submitted to the Local Planning Authority for approval, together with full details of any necessary gas mitigation measures to be installed in the building(s) or appropriate gas mitigation measures to mitigate gas risks for Characteristic Situation 2 (Amber 1) have been submitted to and approved by the Local Planning Authority in lieu of any ground gas investigation. The investigations, risk assessment and remediation methods, including remedial mitigation measures to be installed in lieu of investigation, shall be carried out or assessed in accordance with the guidance contained in BS8485:2007 “Code of practice for the Characterisation and Remediation from Ground Gas in Affected Developments.” Should the ground gas mitigation measures be installed, it is the responsibility of the developer to ensure that any mitigation measures are suitably maintained or to pass on this responsibility should ownership or responsibility for the buildings be transferred. Reason: Since the site has been identified as being potentially at risk from ground gases and to protect human health and buildings.

(7)	Within the ground floor of the building hereby permitted, a minimum area of 150sqm shall be available for use as a drinking establishment falling within Class A4 of the Town and Country Planning (Use Classes) Order 1987 as amended. Reason: To ensure the continues provision of this community facility within this site, in accordance with the guidance contained within the National Planning Policy Framework and policy CF12 of the adopted Local Plan and Alterations.
(8)	No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: 1. The parking of vehicles of site operatives and visitors 2. Loading and unloading of plant and materials 3. Storage of plant and materials used in constructing the development 4. The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate 5. Measures to control the emission of dust and dirt during construction, including wheel washing. 6. A scheme for recycling/disposing of waste resulting from demolition and construction works. 7. Hours of construction work, including delivery and service vehicles to and from the site. Reason:- To limit the impact of the construction work on the living conditions of residents living in close proximity to the site, in accordance with the guidance contained within the National Planning Policy Framework and policies RP5A and DBE9 of the adopted Local Plan and Alterations.
(9)	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 accessways and landscaped areas. The development shall be carried out in accordance with those approved details. Reason:- To ensure the impact of the intended development upon adjacent properties and the street scene is acceptable, in accordance with the guidance contained within the National Planning Policy Framework and policies CP2, DBE1 and DBE9 of the adopted Local Plan and Alterations.
(10)	The commercial uses hereby permitted shall not be open to customers / members outside the hours of 0730 to 2300 on Monday to Thursday, 0730 to 0000 (midnight) on Fridays and Saturdays and 0900 to 2300 on Sundays. Reason:- In order to minimise disturbance to local residents, in accordance with the guidance contained within the National Planning Policy Framework and policies RP5A and DBE9 of the adopted Local Plan and Alterations.
(11)	Prior to the commencement of the development hereby approved, details of the proposed shop fronts shall be submitted to the local planning authority for approval in writing. The development shall proceed in accordance with the agreed details. Reason: To ensure a satisfactory appearance in the interests of visual amenity, in accordance with the guidance contained within the National Planning Policy Framework and policy DBE1 of the adopted Local Plan and Alterations.
(12)	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) have been submitted to an 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. Reason:- To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990 so as to ensure that the details of the development of the landscaping are complementary, and to ensure a satisfactory appearance to the development, in accordance with the guidance contained within the National Planning Policy Framework and policies CP2 and LL11 of the adopted Local Plan and Alterations.
(13)	Notwithstanding the detail shown on the approved plans, prior to the commencement of the development hereby approved, details of the proposed refuse and cycle storage areas shall be submitted to the local planning authority for approval in writing. The development shall proceed in accordance with the agreed details. Reason: To ensure a satisfactory appearance in the interests of visual amenity and to ensure the functionality of this area in accordance with the guidance contained within the National Planning Policy Framework and policy DBE1 of the adopted Local Plan and Alterations.
(14)	The proposed service and car park areas indicated on plan number 2489 PL02C shall be provided ready for use prior to the first occupation of the development hereby approved, unless otherwise agreed in writing by the local planning authority. Reason: To ensure that adequate provision is made for parking and access within the development, in accordance with the guidance contained within the National Planning Policy Framework and policy DBE6 of the adopted Local Plan and Alterations.
(15)	Prior to the first occupation of the development hereby approved, details of boundary treatments (fences, walls etc) shall be provided to the local planning authority for approval in writing. The boundary treatments shall be erected in accordance with the approved detail before the first occupation of the development and retaining in that form thereafter. To ensure a satisfactory level of residential amenity, in accordance with the guidance contained within the National Planning Policy Framework and policies DBE2 and DBE9 of the adopted Local Plan and Alterations.
(16)	No external lighting shall be erected within the car park areas without the prior written approval of the local planning authority. Reason: To ensure a satisfactory level of amenity for neighbouring residents, in accordance with the guidance contained within the National Planning Policy Framework and policies DBE2 and DBE9 of the adopted Local Plan and Alterations.
(17)	Prior to the undertaking of any demolition or preliminary groundworks, details of a programme of historic building recording in accordance with a written scheme of investigation shall be submitted to the local planning authority for approval in writing. The development shall approve in accordance with the agreed details. Reason:- In order that such features of importance can be recorded for the benefit of posterity, in accordance with the guidance contained within the National Planning Policy Framework and policy HC1 of the adopted Local Plan and Alterations.
(18)	Prior to first occupation of the development hereby approved, the proposed window opening(s) in the section of the north west elevation referred to as Elevation 'G' on plan no. 2489 PL13C and the north east elevation referred to as Elevation 'E' on plan no. 2489 PL12C shall be entirely fitted with obscured glass and have fixed frames to a height of 1.7 metres above the floor of the room in which the window is installed and shall be permanently retained in that condition. Reason:- To prevent overlooking and loss of privacy to the occupants of neighbouring properties, in accordance with the guidance contained within the National Planning Policy Framework and policy DBE9 of the adopted Local Plan and Alterations.
(19)	Prior to the commencement of the development hereby approved, an investigation into air quality within the vicinity of the site shall be submitted to the local council for approval in writing. The development shall proceed in accordance with any agreed recommendations of the investigation. Reason: To ensure a satisfactory level of residential amenity for future occupiers of the development, in accordance with the guidance contained within the National Planning Policy Framework and policy RP5A of the adopted Local Plan and Alterations.

Supporting documents: