Agenda item

(Director of Governance) To consider the attached report in connection with the proposed demolition of existing buildings, improvements to existing vehicular access, erection of five detached houses, associated garages and boundary fences and landscaping, at Pine Lodge Riding Centre, Lippitts Hill, Waltham Abbey.

The Principal Planning Officer presented a report on the planning application, EPF/2853/14, at Pine Lodge Riding Centre, Lippitts Hill in Waltham Abbey. The application was before the Committee as the applicant was a serving District Councillor for Waltham Abbey High Beech.

The Principal Planning Officer stated that the application site was located on the south-west side of Lippitts Hill, and was currently a riding centre with stabling and an arena. The residential properties of Springfield Farmhouse (itself a Grade II Listed Building) were to the east of the site, as was Pine Lodge itself which was in the ownership of the applicant. There were other equestrian facilities to the south-west and north of the site, which had a long history of stable and equestrian use. The application proposed the removal of all the existing buildings and the construction of five detached houses with associated garages, arranged around a central courtyard. Access would be via an existing access track to the east of the main access to the Farmhouse and Pine Lodge.

The Principal Planning Officer highlighted the main issues to be considered for the application. These were whether the development was appropriate in the Green Belt, the design of the development, the impact on the setting of the Listed Building (Springfield Farmhouse) and on residential amenity, parking and highway safety, sustainability and land drainage matters. After considering all these issues, Officers had concluded that the proposed development was in accordance with the adopted policies of the Local Plan and Alterations, and the National Planning Policy Framework, and was therefore recommended for approval.

The Committee noted the summary of representations, which included two letters of support, three letters opposing the development, and two letters offering no objection. In addition, representations had been received from the County Conservation Officer, who felt that the proposed development would not have a detrimental impact upon the Listed Building nearby, and the County Highways Officer, who indicated the proposed development would generate significantly less vehicle movements and would reduce the movement of larger vehicles to the site for the benefit of all highway users. The Principal Planning Officer informed the Committee of the receipt of a late representation, which supported the proposed development but suggested the wording of condition 11 be revised to strengthen the future use of the remaining stables and outbuildings for non-commercial purposes.

The Committee heard from an objector, who was the former owner of the site and had sold it to the applicant, and the applicant’s agent before proceeding to debate the application.

A local Member for Loughton Broadway was pleased with the design of the proposed dwellings, although there were one or two street scene issues and concerns expressed about the remaining farm buildings being converted to homes in the future. The Member suggested that the removal of permitted development rights would be appropriate for the proposed dwellings at this site, and that an archaeological survey of the site should be undertaken prior to the commencement of any construction works.

The Principal Planning Officer was not certain if an archaeological survey would be necessary on the site, but would seek advice from Essex County Council Heritage Officers.

A local Member for Waltham Abbey North East would support the application, despite the proximity of the helicopter airfield, as the five houses would be very welcome for local families seeking accommodation. The houses would not be seen from the road, as they were well set back and would be screened by the trees. This area had already been developed, with stables and hard standing having been built.

In response to questions from the Members present, the Principal Planning Officer stated that there were no grounds for negotiating a Section 106 Agreement in this instance. Additionally, as the site was previously developed land and the proposed development did not impact upon the openness of the Green Belt, there was no need for special circumstances to justify the development.

The local Member for Passingford argued passionately that this location was the perfect position for riding horses through the Forest, and that it was a great shame for the Riding Lodge to be replaced with houses. The Member felt that the nearby historic Farmhouse should not be set next to five houses, and was also not enamoured with the design of the three larger houses. The proposed access lane was a fairly recent addition to the landscape. Other Members highlighted that the current use of the site for stables and equestrian activities was entirely appropriate for the Green Belt, and that the site was very close to the Forest itself. Although it was acknowledged that the nearby helicopter base impinged upon the tranquillity of the location, but this would be a consideration for the potential buyers of the new houses – caveat emptor!

The Chairman opined that the proposal was an attractive development which would improve the area. The proposed houses were well screened from the road and that he would support the proposal.

Resolved:

(1)        That planning application EPF/2853/14 at Pine Lodge Riding Centre in Lippitts Hill, Waltham Abbey 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: 1435/1, 2, 3, 4, 5A, 6, 7, 8, 9, 10, 11, 12 and 3382/1

            3.         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.

            4.         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 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.

            5.         A Landscape Management Plan, including long term design            objectives, management responsibilities and maintenance schedules for all    landscape areas, other than small, privately owned, domestic gardens, shall             be submitted to and approved by the Local Planning Authority prior to the   occupation of the development or any phase of the development, whichever   is the sooner, for its permitted use. The landscape management plan shall be     carried out as approved.

            6.         No development shall take place until a schedule of landscape        maintenance for a minimum period of five years has been submitted to and          approved in writing by the Local Planning Authority. The schedule shall             include details of the arrangements for its implementation. The landscape maintenance plan shall be carried out in accordance with the approved            schedule.

            7.         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.

            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:

·            the parking of vehicles of site operatives and visitors;

·            loading and unloading of plant and materials;

·            storage of plant and materials used in constructing the development;

·            the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

·            measures to control the emission of dust and dirt during construction, including wheel washing; and

·            a scheme for recycling/disposing of waste resulting from demolition and construction works.

            9.         No bonfires shall be permitted on site throughout the demolition and           construction phase of the development.

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

11.       On implementation of the residential development hereby approved, none of the stables, outbuildings, open manege or any land within the area edged blue on the drawing numbered 3382/1 hereby approved, owned by the applicant or any successor in title, shall at any time be used for any commercial equestrian use, including DIY livery or any other business use whatsoever.  Any stabling of horses in the remaining stables or buildings within the land so identified on drawing number 3382/1, shall be for the private and personal use of the owner of the said land.

            12.       No unbound material shall be used in the surface treatment of the   vehicular access within 6 metres of the highway boundary.

            13.       Prior to commencement of the development details showing the     means to prevent the discharge of surface water from the development onto the highway shall be submitted to and approved in writing by the Local             Planning Authority. The approved scheme shall be carried out in its entirety            prior to the access becoming operational and shall be retained at all times.

            14.       Any gates provided at the vehicular access shall be inward opening            only and shall be set back a minimum of 6 metres from the back edge of the    carriageway.

            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, 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.       Notwithstanding the provisions of the Town and Country Planning   General Permitted Development Order 1995 as amended (or any other Order            revoking, further amending or re-enacting that Order) no development   generally permitted by virtue of Classes A, B and E of Part 1 of schedule 2 to         the Order shall be undertaken without the prior written permission of the Local             Planning Authority.

(2)        That advice be sought from Essex County Council Heritage Officers as to whether an archaeological survey was necessary at the site prior to the commencement of any development.