Agenda item

EPF/2198/15 - Dragons, Nursery Road, Loughton

(Director of Governance) To consider the attached report for the sub-division of the site and a proposed new dwelling fronting onto Upper Park on the site of the former tennis court (DEV-016-2015/16).

Minutes:

The Assistant Director of Governance (Development Management) presented a report for the sub-division of ‘Dragons’ in Nursery Road, Loughton and the erection of a new dwelling fronting on to Upper Park on the site of the former tennis court.

 

The Assistant Director reported that this application was originally considered by Area Plans Sub-Committee South on 25 November 2015. A motion to refuse the application, contrary to the Officer recommendation, was proposed and seconded but the vote was tied; four Members of the Sub-Committee then stood to refer this application to the District Development Management Committee under the Minority Reference rules within the Constitution.

 

The Assistant Director stated that the application site was part of the residential curtilage of ‘Dragons’, a Grade II listed late Victorian house in a gothic architectural style. The overall plot was square in shape and located on the corner of Upper Park and Nursery Road, with ‘Dragons’ located in the north east corner. The whole site was heavily treed and was covered by an Area Preservation Order. The application site itself was the area adjacent to Upper Park, on the site of the existing tennis court. The new dwelling was of a very contemporary design with a circular stair area and curved walls. Vehicular and pedestrian access would be from Upper Park, with the existing access to Dragons unaffected.

 

The Assistant Director informed the Committee that Planning Officers had felt the proposal was a contemporary and unique design which would add to the character of the immediate and wider area. It was not considered to harm the setting of the existing listed building and was acceptable in respect of the protected trees on the site. There were also no significant amenity or highways concerns with the application. Therefore, Planning Officers was recommending approval for the application, with conditions.

 

The Committee noted the summary of representations received in relation to the application. Four letters of objection had been received, including one from Loughton Town Council. The Committee heard from the Applicant before proceeding to debate the application.

 

The Committee was divided over the design of the building. Some Members felt that it was a stunning piece of architecture, with good design and good use of materials. Other similar modern designs had been built in Loughton, and this proposed design would add to the setting and complement the existing listed building at ‘Dragons’. Other Members took a contrary view and regarded the proposal as a poor modern design, where two of the walls had no windows. It was felt that any dwelling built here should not detract from the original building (‘Dragons’) and its setting. It was noted that the Tree and Landscape Officer had no objections to the scheme, and that the proposed dwelling would be screened by the existing trees from ‘Dragons’.

 

Resolved:

 

(1)        That planning application EPF/2198/15 at ‘Dragons’ in Nursery Road, Loughton be granted permission subject to the following conditions:

 

1.

The development hereby permitted must be begun not later than the expiration ofthree years beginning with the date of this notice.

 

2.

The development hereby permitted will be completed strictly in                         accordance with the approved drawings nos: Site Location Plan, 261-EX-01, 261-EX-02, 261-PL-02, 261-PL-03, 261-PL-04, 261-PL-05, 261-PL-06, 261-PL-07, 261-PL-08, 261-PL-09, 261-PL-10, 261-PL-11.

 

3.

The external finishes of the development hereby permitted shall     match those as submitted:

·                         Patinated Copper;

·                         MARSA stone (cladding); and

·                         Split Slate (cladding).

 

4.

No construction works above ground level shall take place until      documentary and photographic details of the types and colours of the proposed hardstanding have been submitted to and approved by the Local Planning Authority, in writing. The development shall be   implemented in accordance with such approved details.

 

5.

Additional drawings that show details of proposed new windows and doors by section and elevation at scales between 1:20 and 1:1 as   appropriate, shall be submitted to and approved by the LPA in writing prior to the commencement of any works.

 

6.

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.

 

7.

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.

 

8.

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.

 

9.

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.]

 

10.

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, 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 remediation scheme condition that follows.]

 

11.

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.]

 

12.

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.

 

13.

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.

 

14.

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.

 

15.

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.

 

16.

No development shall take place until details of 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.

 

17.

Prior to first occupation of the development the vehicular access shall be constructed at right angles to the highway boundary andto the existing carriageway.  The width of the access at its junction with the highway shall not be less than 3 metres and shall be provided with an appropriate dropped kerb vehicular crossing of the footway.

 

18.

Prior to the 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.

 

19.

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.

 

20.

There shall be no discharge of surface water onto the highway.

 

21.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any other Order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Class A, B, C, D, E, F and G of Part 1 of Schedule 2 to the Order shall be undertaken without the prior written   permission of the Local Planning Authority.

 

22.

Prior to first occupation of the development hereby approved, the proposed first and second floor window openings in the north flank elevation closest to the boundary with ‘Dragons’ 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.

 

Supporting documents: