Agenda item

(Director of Governance) To consider the attached report for outline planning permission for mixed use redevelopment comprising the retention of part of existing business park and community facilities, provision of new car parking to serve retained uses, extension to existing cafe to provide 140m² new retail space, and provision of recreational facilities including relocated MUGA play area and junior football pitch, and the removal of other existing buildings on site and the erection of 105 no. residential dwellings together with associated car parking, public open space, landscaping as well as construction of a new site access, including a roundabout off Fyfield Road.

The Assistant of Governance (Development Control) presented a report for outline planning permission for a mixed use redevelopment at Fyfield Business and Research Park in Fyfield Road, Chipping Ongar.

 

The Assistant Director stated that the application site covered a area of 9.35 hectares, of which 5.65 hectares was developed, and was located within the Green Belt to the north east of Ongar. The site was currently occupied by a business park, which had evolved form the original use as a agricultural research and development site, and included many mature and well established trees; however, there were no tree preservation orders on the site. The site was surrounded by agricultural land to the north and south, and residential properties to the east and west. Not all the buildings on the site were purpose built or suitable for business occupation, but a number of business uses were well established on the site.

 

The Assistant Director reported that the proposal compromised the retention of part of the existing business park and community facilities, the provision of new car parking space to serve the retained uses, and an extension to the existing café to provide 140m² of new retail space. The proposal also included the provision of recreational facilities – a relocated MUGA play area and junior football pitch – the removal of other existing buildings on the site and the erection of 105 residential dwellings together with associated car parking, public open space and landscaping, as well as the construction of a new site access with a new roundabout off Fyfield Road.

 

The Assistant Director informed the Committee that the main issues for consideration were the principle of development in the Green Belt following the approval of planning permission for the site on appeal in 2012, the potential harm on the Green Belt from the development and its sustainability in terms of the social, economic and environmental objectives, the visual impact of the scheme, the provision of affordable housing from the scheme in accordance with Council policy, the proposed design of the scheme, the impact of the scheme on the listed buildings currently on the site, the viability of an archaeological investigation at the site before and during construction, the impact of the scheme on the amenity of neighbouring properties, the proposed landscaping for the scheme, the results of the ecological assessment, drainage issues, and highways issues relating to access and parking. Other matters considered included access for emergency vehicles, possible contamination at the site from its previous uses, refuse collection from the proposed dwellings, and the provision of sports facilities.

 

Planning Officers had concluded that whilst there was limited additional encroachment into the Green Belt beyond what currently existed or had been previously approved, the very special circumstances of the application relating to the benefit to openness arising from a smaller overall volume of development and the provision of much needed housing on a brownfield site outweighed any potential harm. Officers were satisfied that the proposed scheme provided a suitable layout and form of development for the site, which resulted in no significant adverse impact, and therefore the planning application had been recommended for approval. In addition, it was also recommended that the Council entered into a Section 106 agreement under the Town and Country Planning Act 1990 (as amended) with the applicant to make contributions towards education, affordable housing, highways alterations, sports facilities, and the maintenance of the open spaces within the development.

 

The Assistant Director added that this application was originally considered by Area Plans Sub-Committee East on 15 April 2015. The Sub-Committee voted to refuse planning permission on the grounds that the proposed development was unsustainable and no very special circumstances existed to outweigh the harm to the Green Belt. Four members of the Sub-Committee then invoked the Minority Reference rules within the Constitution to have the application referred to this Committee for a final decision.

 

The Committee noted the summary of representations and that nine properties had objected to the application, along with Ongar Town Council who expressed grave concerns about the road safety and transport issues arising from the application. The Committee heard from an objector and the applicant’s agent before proceeding to debate the application.

 

A local Member for Chigwell Village highlighted that the site was previously developed land capable of being a village location and connected to other local centres such as Ongar. The Member was concerned that the outline consent would be superseded by different and would have preferred a full planning application to have been made. The Member acknowledged that layout might look regimented for a village setting but the affordable housing provision would be very welcome.

 

The Assistant Director drew the Committee’s attention to condition 4, which restricted the maximum number of dwellings to 105, and that the appearance of the dwellings was one of the reserved matters, which would come back to the Committee for approval at a later date. Planning conditions 2 and 3 in the original report had dealt with the design and appearance of the dwellings, and the Council would recommend that the developers followed the Essex Design Guide for the appearance of the dwellings. An extra condition would need to be added to prevent the occupation of any of the residential units until the applicant had grounded or re-routed the 4KW electricity cable that currently ran across the site.

 

Local Members for Loughton Broadway and Loughton St Mary’s felt that the indicative layout was too urban and too dense, and that this was not a suitable location for this type of layout. The Members also felt that more weight should be given to the comments from Ongar Town Council concerning transport and highway issues.

 

The Assistant Director accepted that the density of the proposal was high, but there were not many examples of this type of development to refer to. The previous appeal decision in 2012 acknowledged this area as being previously developed land and the proposed development would contribute to the Council’s five-year land supply for the provision of new homes. The Assistant Director confirmed that the education provisions within the draft Section 106 legal agreement had been requested by Essex County Council, and that the Council would seek 44 of the proposed dwellings to be earmarked for affordable housing.

 

A local Member for Chigwell Village emphasised that the material factor for this application was that it was previously developed land for which no alternative use had been found. In addition, there had been no objections raised by the Highways Officers at Essex County Council, and therefore it would be difficult to refuse the application on highways issues.

 

The Assistant Director informed the Committee that the planning permission approved in 2012 could not be implemented if the application under discussion was approved and constructed, and it would not even be practical to part-implement that permission. The permission granted in 2012 could have expired by now in any case if it was only granted for a period of three years. The provision of two new bus stops at the location had also been proposed. The Chairman highlighted that this site was already a highly developed area of land with existing buildings and hardstanding areas.

 

A motion to refuse the application was proposed based on the grounds for refusal agreed by Area Plans Sub-Committee East, amended to include the impact caused by the imposition of a dense suburban type of development within the Green Belt. This motion was lost.

 

The original Officer recommendation to grant the application, subject to the conditions listed in the original report and the extra condition to deal with the 4KW electricity cable currently running through the site, as well as the proposed Section 106 legal agreement, was agreed.

 

Resolved:

 

(1)        That planning application EPF/3006/14 at Fyfield Business and Research Park in Fyfield Road, Chipping Ongar be granted planning permission subject to the following conditions:

 

            1.         The development hereby permitted will be completed strictly in        accordance with the approved drawings nos:

·                                4644 PL100 Site Location Plan;

·                                4644 PL101 Existing Site Plan;

·                                4644 PL110 P2 Site Layout;

·                                4644 PL111 P2 Residential Layout 1 of 2;

·                                4644 PL112 P1 Residential Layout 2 of 2;

·                                4644 PL120 P2 Refuse Strategy; and

·                                PR119352-10H Landscape Masterplan;

 

            2.         a.         Details of the reserved matters set out below ("the reserved            matters") shall be submitted to the Local Planning Authority for approval          within three years from the date of this permission:

 

                                    i.          appearance.

 

                        b.         The reserved matters shall be carried out as approved.

 

            c.         Approval of all reserved matters shall be obtained from the              Local Planning Authority in writing before any development is            commenced.

 

            3.         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.

 

            4.         The maximum number of dwellings permitted by this consent is 105           units of the mix specified on drawings 4644 PL110 P2, 4644 PL111 P2, 4644             PL111 P2 and 4644 PL112 P1. These dwellings permitted shall not exceed      9m in height.

 

            5.         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 Class A, C 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.         The garages, car ports and parking spaces hereby approved shall be         retained in perpetuity and kept free from obstruction at all times so that they    are permanently available for the parking of vehicles.

 

            7.         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.]

 

            8.         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.]

 

            9.         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.]

 

10.       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. 

 

11.       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.  

 

12.       No development shall take place, including any ground works or 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 following all clear of the highway:

·                     safe access into the site;

·                     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; and

·                     wheel and underbody washing facilities.

 

13.       Prior to first occupation of the development, the provision of the access arrangements, as shown in principle on drawing PL110 Rev P2, shall be implemented, to include but not restricted to:

·                     The provision of the roundabout access;

·                     Bus stops either side of the B184 to ECC specification, to include shelters if possible;

·                     Provision of a footway link from the site to tie into the existing to the south; and

·                      All details to be agreed with the Highway Authority.

 

14.       The existing southern access shall be permanently closed and replaced with full upstand kerbs and full depth verge, the existing northern access shall be closed to vehicular traffic with the exception of emergency vehicles, by way of bollards or other means as agreed with the Highway Authority, immediately the proposed new access is brought into use. All details to be agreed with the Highway Authority.

 

15.       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, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator.

 

16.       There shall be no discharge of surface water onto the Highway.

 

17.       No development 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. The development shall then be carried out in accordance with the approved details.

 

18.       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.

 

19.       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.

 

20.       Prior to the commencement of demolition/construction, the following should be submitted to, and approved in writing by, the Local Planning Authority:

i.           A detailed proposal for the creation of the wildlife/conservation area (including the pond) in the north-eastern area of the site.  This will include mapping and species lists.

 

ii.          A five-year management plan detailing the development and monitoring proposals of the north-eastern wildlife/conservation area over five years including scheduling and responsibilities. 

And the development shall be carried out in accordance with the approved details.

 

21.       Prior to the commencement of demolition/construction, the following should be submitted to, and approved in writing by, the Local Planning Authority:

 

i.           A detailed description including mapping of the creation, position, species planting lists and future maintenance of the attenuation ponds.

 

ii.          And the development shall be carried out in accordance with the approved details.

 

22.       Prior to the commencement of demolition/construction, the following should be submitted to, and approved in writing by, the Local Planning Authority:

 

i.           A detailed description of the type of lighting, positioning and recommended minimal timings of use of lighting, if any is to be used for the football pitch in the northwest area, in order to be sensitive to badgers.

 

ii.          And the development shall be carried out in accordance with the approved details.

 

23.       Prior to the commencement of demolition/construction, the following should be submitted to, and approved in writing by, the Local Planning Authority:

 

i.           A proposal to address the issue of the ventilation unit on the roof of Unit 25 to avoid bats being killed recklessly.

 

ii.          A copy of the application made to Natural England for a European Protected Species licence.  Such application will cover the bat mitigation scheme, timing issues, material usage in the new build and details of soft-felling of trees.

 

iii.         A copy of the European Protected Species licence from Natural England allowing buildings to be demolished that are being used by bats.

 

iv.         Details of an artificial lighting plan to be used during and post development to include type and timings and following Natural England's guidelines.

 

v.          And the development shall be carried out in accordance with the approved details.

 

24.       Prior to the commencement of demolition/construction, the following should be submitted to, and approved in writing by, the Local Planning Authority:

 

i.           Detailed schedule of the method, timing and location of any tree felling in order to avoid the bird breeding season and details of procedure should any nests be found and details of the responsible contractor.

 

ii.          And the development shall be carried out in accordance with the approved details.

 

25.       Prior to the commencement of demolition/construction, the following should be submitted to, and approved in writing by, the Local Planning Authority:

 

            i.          A methodology including timings of the vegetation clearance            and soil scraping of the northwest area of the site in order to be           sensitive to reptiles and details of the responsible contractor.

 

ii.          And the development shall be carried out in accordance with the approved details.

 

26.       The development hereby permitted shall not be commenced until a detailed surface water drainage scheme for the site, based on the agreed flood risk assessment (Royal HaskoningDHV, Ref: 9Y1364/R0006/310055/Egha, dated 19 December 2014) has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy shall include a restriction in run-off and surface water storage on site as outlined. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

27.       The development be carried out in accordance with the flood risk assessment (Fyfield Business Park, Fyfield Road, Chipping Ongar Flood Risk Assessment and Surface Water Management Plan, Ref 9Y1364, 19 December 2014) and drainage strategy, including drawing no. 9Y1364/FRA/01 Revision D2 and subsequent calculations provided by Royal Haskoning DHV on 05.02.2015 submitted with the application, unless otherwise agreed in writing with the Local Planning Authority.

 

28.       Prior to the commencement of works the developer shall supply the Local Planning Authority with details of surface water drainage. This should include the method of flow control with associated discharge rate, all permeable paving subbase depths, definitive volumes of the attenuation features and pipe sizes throughout the development. These details should then be approved in writing before works start and the development should be carried out in accordance with the approved details.

 

29.       No development approved by this planning permission 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 hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details in the letter dated 6th February.

 

30.       All main highways and turning areas within the application site required for refuse collection shall be constructed to a standard sufficient to accommodate the weight of a fully loaded 32 tonne refuse vehicle.

 

31.       Prior to the commencement of works the developer shall submit details for the proposed playing pitch layout on the proposed playing field. This shall be approved in writing and the development shall be carried out and maintained thereafter in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

 

            32.       a.         No development shall commence until the following documents                  have been submitted to and approved in writing by the Local                             Authority:

 

i.           A detailed assessment of ground conditions (including drainage and topography) of the land proposed for the playing field which identifies constraints which could affect playing field quality; and

 

ii.          Based on the results of the assessment to be carried out pursuant to (i) above, a detailed scheme which ensures that the playing field will be provided to an acceptable quality. The scheme shall include a written specification of soils structure, proposed drainage, cultivation and other operations associated with grass and sports turf establishment and a programme of implementation.

 

b.         The approved scheme shall be carried out in full and in accordance with a timeframe agreed with the Local Planning Authority  The land shall thereafter be maintained in accordance with the scheme and made available for playing field use in accordance with the scheme.

 

33.       The playing field and pitches shall be constructed and laid out in accordance with the submitted details and with the standards and methodologies set out in the guidance note "Natural Turf for Sport" (Sport England, 2011), and shall be made available for use before first occupation of the development hereby permitted.

 

34.       The artificial grass pitch hereby permitted shall not be constructed other than in accordance with the design and layout details set out in the planning application EPF/3006/14 unless otherwise agreed in writing by the Local Planning Authority.

 

35.       No development shall commence until details of the design and layout of the artificial grass pitch have been submitted to and approved in writing by the Local Planning Authority. The artificial grass pitch shall not be constructed other than substantially in accordance with the approved details and shall be maintained thereafter in accordance with the agreed details.

 

36.       Prior to commencement of works details shall be submitted to and approved in writing by the Local Planning Authority for the detailed design of the sports pavilion. The facilities shall be designed in accordance with Sport England’s Pavilions and Clubhouses guidance note and the FA’s Changing Accommodation guidance.

 

37.       Prior to the commencement of works the developer shall submit to the Local Planning Authority and have approved in writing details of the car parking provision dedicated for supporting the use of the sports facilities. The details should include the layout of the car park, confirmation of the spaces dedicated to sports use and details of how the car parking will be managed. The development shall then be carried out and maintained thereafter in accordance with the approved details.

 

38.       No development shall commence until details for the phasing of the development, including the provision of the playing pitch, artificial grass pitch and sports pavilion, have been submitted to and approved in writing by the Local Planning Authority. The details shall ensure that the development hereby permitted ensures a continuity of sporting provision on site and provision of sporting facilities prior to residential occupation.  The development hereby permitted shall not be carried out other than in accordance with the approved details and shall be maintained in accordance with these details thereafter.

 

39.       Prior to the commencement of works the developer shall provide details regarding the provision and retention of fire hydrants on the application site, the location of the fire hydrants and confirm the associated water capacity. These details shall be approved in writing by the Local Planning Authority and the development shall be carried out and maintained thereafter in accordance with the approved details.

 

40.       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.

 

41        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.

 

42        All material excavated from the below ground works hereby approved shall be removed from the site unless otherwise agreed in writing by the Local Planning Authority.

 

43.       Notwithstanding the detail on the approved plans, Prior to the commencement of works the developer shall provide details of provision for 44 affordable units (42% of the development) on the application site of a mix and tenure and location to be agreed in writing by the Local Planning Authority. The development shall be carried out and maintained thereafter in accordance with the agreed details.

 

44.       No dwelling hereby approved shall be occupied until the overhead electricity lines which cross the site have been safely re-routed or re-directed.