Agenda item

EPF/1629/15 - Sixteen String Jack, Coppice Row, Theydon Bois

(Director of Governance) To consider the attached report for the demolition of the existing Public House and associated buildings and the erection of eleven residential apartments with parking and communal gardens (DEV-011-2015/16).

Minutes:

The Assistant Director of Governance (Development Management) presented a report for the demolition of the existing Public House and associated buildings and the erection of eleven residential apartments with parking and communal gardens at the site of the Sixteen String Jack in Coppice Row, Theydon Bois.

The Assistant Director informed the Committee that this application was originally considered by Area Plans Sub-Committee East on 14 October 2015, where Members voted to refuse the application contrary to the Officer recommendation. Immediately following the vote, the application was referred to this Committee under the Minority Reference rules in the Constitution, with a recommendation to refuse.

The Assistant Director reported that the site was the former Sixteen String Public House, and included the former garden areas, car park and an attached cottage. The site fronted onto Coppice Row, with a side access to Robin’s Lane; the western boundary was open to the Green Belt. This area of Coppice Row sloped downhill to the main village of Theydon Bois and was a rural lane with narrow pavements. The proposal was to remove the current buildings and clear the site before building 1 one-bedroomed and 10 two-bedroomed apartments with 15 parking spaces on site. The proposed flats would have a varied articulation and a range of materials and ridge heights. It was noted that this was a revised scheme following refusal of planning permission on this site in 2014 for thirteen residential apartments with parking and communal gardens.

In conclusion, Planning Officers felt the revised scheme had overcome the previous reason for refusal and were recommending approval. It was accepted that the scheme would impact upon neighbours, but the revised scheme had greatly reduced any harm from the original scheme. Essex County Council had not raised any Highways concerns, and the revised scheme had increased the amount of parking spaces available on site. It was thought that the development would make a meaningful contribution towards new homes in the District in a desirable location, where the built form was outside of the Metropolitan Green Belt and changes had been made to reduce the impact at this sensitive Green Belt boundary.

The Committee noted the summary of representations received in relation to the application. There had been twelve letters of objection received from residents in Coppice Row, one letter of objection from a resident in Robins Lane and one letter of objection from a resident in Dukes Avenue. A further four letters of objection had been received from the Theydon Bois Action Group, the Theydon Bois & District Rural Preservation Society, the City of London Open Spaces Department and a very strong objection had been received from Theydon Bois Parish Council. The Committee heard from an Objector, the Parish Council and the Applicant’s Agent before proceeding to debate the application.

A local Member for Theydon Bois stated that the existing properties in Coppice Row were detached properties set back from the road, and this development would be out of character with the current street scene. The residents understood the traffic concerns at this location, but it was acknowledged that as there had been no objection from Essex Highways then this could not be used as a reason for refusal. It was pointed out that residents of this development would have to cross the road twice to reach the main village and underground station, which would be unlit as the village had a dark skies policy. In relation to the appeal decision for the development at Wansfell College referred to by the Applicant, this development was set back from the road in Piercing Hill and had ample parking spaces provided for the use of residents and visitors; this development was different. The Member recognised the changes made by the Developer for this revised application, but the design and density of the proposals did not match the immediate area. The Member would be supporting the recommendation of the Sub-Committee to refuse permission for this application.

Other Members of the Committee commented that the revised application was not a major reduction on the original proposals, and Coppice Row was unsuitable for on-street parking. The density of the revised application was wrong for the area, and the proximity to public transport was not such a valid reason for sustainability considering the walk to the Village and the existing ‘dark skies’ policy of the Parish Council. The closeness of the site to the Epping Forest Site of Special Scientific Interest was emphasised (approximately 100m), along with the lack of affordable housing being offered by the Applicant.

The other local Member for Theydon Bois recognised that the site was suitable for development, but this proposal was the wrong development at the wrong site and was not sympathetic to the immediate, surrounding area. There were too many residential units proposed, and not enough parking spaces. The Member reminded the Committee that Sub-Committee East were clearly in favour of refusal for this application.

In response to questions from the Members present, the Assistant Director confirmed that there would be no access to Robin’s Way from the proposed development, and that service access would most likely be from the front of the site with the refuse bins brought to the kerbside. In relation to the proposed reasons for refusal agreed by Sub-Committee East, the Assistant Director felt that at an Appeal the first reason had a 50% chance of being accepted by the Planning Inspector, whereas a much stronger argument could be made for the second reason for refusal.

Other Members of the Committee urged caution as this was a ‘brownfield’, i.e. previously developed, site and the stated reasons for refusal might not stand up to scrutiny at a planning appeal. This site was not actually in the Metropolitan Green Belt, and the first stated reason for refusal did seem particularly weak. It was emphasised that the Council needed to provide 11,300 new homes within the District and if this proposal was refused then the new units would have to be built in another part of the District. In addition, if the Council did not make use of ‘brownfield’ sites then the required new homes would have to be built on Green Belt land.

One of the local Members for Theydon Bois advised the Committee that residents were not against the idea of the site being developed, but this proposal was too large for the area and did not have sufficient parking space. The Chairman commented that the design was good and the proposal was a big improvement on the previous application, but acknowledged that the parking issue was a delicate matter for residents.

The vote for the recommendation from Area Plans Sub-Committee East to refuse permission was tied, and the Chairman cast his Second Vote against the recommendation. A proposal was then made to grant permission in accordance with the original Officer recommendation to Area Plans Sub-Committee East, and this vote was also tied, so the Chairman cast his Second Vote in favour of the proposal to grant planning permission. At this point in the proceedings, four Members of the Committee stood to refer the application to the Council under the Minority Reference rules within the Constitution (Section 13 of the Operational Standing Orders – Non Executive Bodies refers).

Resolved:

(1) That a report be submitted to the Council recommending planning application EPF/1629/15 for the Sixteen String Jack in Coppice Row, Theydon Bois 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: 14097se-02 DWG 1482.P001 DWG 1482.P002 DWG 1482.P003 DWG 1482.P004 DWG 1482.P005 DWG 1482.P006 DWG 1482.P007 DWG 1482.P008 DWG 1482.P009 DWG 1482.P010 DWG 1482.P011 DWG 1482.P012 DWG 1482.P013 DWG 1482.P014
2.	The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.
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.	No development shall take place until details of foul and surface water disposal have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.
5.	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.
6.	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.
7.	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 tool. 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.
8.	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]
9.	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]
10.	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]
11.	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.
12.	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.
13.	The development shall be carried out in accordance with the recommendations set out in the Ecology Appraisal (dated 30th June 2014 and updated on 2nd July 2015) and Bat Survey (dated 29th July 2014 and updated on 15th May 2015) completed by D F Clark Ltd.
14.	Prior to first occupation of the development the visibility splays and access arrangements, as shown on Stomor drawing no.ST-2387-10-B, shall be provided and retained in perpetuity.
15.	Prior to first occupation of the development any redundant vehicle dropped kerb crossings, across the site frontage, shall be reinstated to full height kerbing and footway.
16.	Prior to first occupation of the proposed development, the developer shall be responsible for the provision and implementation to each dwelling of the submitted Residential Travel Information Pack for sustainable transport.
17.	Prior to 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.
18.	No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.
19.	There shall be no discharge of surface water onto the Highway.
20.	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.
21.	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.
22.	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; and 6. A scheme for recycling/disposing of waste resulting from demolition and construction works.
23.	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.

Supporting documents: