Agenda item

(Director of Governance) To consider the attached report for the demolition of garages and replacement with 2 x 3 bedroom two storey affordable homes with 5 parking spaces and associated landscaping (DEV-006-2016/17).

The Assistant Director of Governance (Development Management) presented a report for the demolition of garages and replacement with two 3-bedroomed, two storey affordable homes with five parking spaces and associated landscaping, to the rear of 54 – 60 Hornbeam Road in Buckhurst Hill. The application was before the Committee as it had been referred by Area Planning Sub-Committee South on 29 June 2016 with a recommendation to refuse permission under the Minority Reference rules (Part 4, “Council Rules”, Rule M2 refers).

The Assistant Director stated that the site was approximately rectangular in shape and accessed by a narrow road adjacent to maisonettes and Bourne House, which led onto Hornbeam Road. To the east of the site was a sports pavilion with open playing fields beyond, to the north was a washing, drying, storage area for Bourne House, and to the south was the rear garden for 62 Hornbeam Road. The site itself was a Council-owned garage site with 25 garages located in two linear facing blocks; one block backing onto the playing fields and the other backing onto the rear gardens of 54 – 60 Hornbeam Road. Of the 25 garages, 18 were currently vacant. The site was not in either the Metropolitan Green Belt or a Conservation Area.

The Assistant Director reported that the proposed development would have rear gardens backing onto the rear garden of 62 Hornbeam Road with parking to the front of the site. The main issues with this application related to the suitability of the site, design, impact on amenity, and the key issue of the loss of the garages and the impact this might have on parking in the area. After careful consideration, Planning Officers had concluded that the proposal was considered acceptable with limited impact on amenity and an acceptable design. Although concerns had been raised regarding the existing parking situation and the methodology used for the Transport Assessment and Parking Survey, it was felt that the surrounding area could accommodate any displaced parking. On balance, therefore Planning Officers had originally recommended planning approval be granted as the proposal would provide affordable housing within the District on a previously developed site.

The Assistant Director highlighted that Area Planning Sub-Committee South had refused the application on the basis that the application was likely to exacerbate parking stress in the locality to the detriment of its character and residential amenities.

The Committee noted the summary of representations, and that objections had been received from Buckhurst Hill Parish Council and a further 25 addresses in the locality, plus Buckhurst Hill Leisure Gardens Association (Allotments) and Buckhurst Hill Residents’ Association. There had been no letters of support received. The Committee heard from the Parish Council and the Applicant before proceeding to debate the application.

A number of Members expressed their grave concerns about this application. Parking was a major issue in the locality as the parking space available was only one third of that actually required. In addition, it was strongly felt that the Parking Survey submitted was undertaken at the wrong time of day; given the location of Buckhurst Hill Underground Station nearby, the Parking Survey should have been undertaken during the day and not at 1.00am in the morning. It was also highlighted that local residents parked their cars on the spaces between the garage blocks.

The Assistant Director reminded the Committee that a further application to convert 24 garages on a fourth site on Hornbeam Road had been withdrawn at Area Planning Sub-Committee South, and that these garages would remain available to residents for the time being. The Parking Survey methodology employed in this case was standard practice for a residential area.

A local (non-Committee) Member for Buckhurst Hill informed the Committee that parking in Hornbeam Road had become worse since parking restrictions were introduced in the streets closer to Buckhurst Hill station. The garage sites in Epping Forest should also be dealt with on an individual basis, and not have the Essex Garage Survey superimposed upon them.

Other Members feared that the site would be sold to a private developer if the application was refused, who would provide less parking spaces for residents; therefore, by granting the application, the Council would retain control of the site. It was also highlighted that as only 7 of the 25 garages were let out, there would only be a net loss of 2 parking spaces for this application; although it was also pointed out that the size of the garages were not big enough for most modern cars. Concerns about overlooking and parking had been raised when this application had been heard at Area Planning Sub-Committee South, but the Assistant Director reminded the Committee that the proposed rear gardens were 11 metres in length and the first floor windows of the new dwellings would be fitted with obscured glazing.

A local Member for Theydon Bois felt that, although there was some evidence of parking stress in the area, very few of the garages were in use and therefore the reason for refusal given at Area Planning Sub-Committee South was unsustainable. Consequently, the Member proposed that the application should be granted planning permission. The Assistant Director listed the planning conditions that were put before Area Planning Sub-Committee South, if the Committee was minded to grant the application.

The Assistant Director confirmed that the five parking spaces to be provided would be unrestricted, and that anyone would be able to park there, but that the suggested planning conditions to move the current garage users to the northern block, and to prevent future development of the northern block of garages would both be unenforceable.

Decision:

(1)        That planning application EPF/0213/16 at Land and garages to the rear of 54-60 Hornbeam Road in Buckhurst Hill 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: PL01, PL02, PL03 A, PL04 A, PL05 , PL06 and 15-044-072

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 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.]

5.         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.]

6.         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.]

7.         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. 

8.         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. 

9.         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.

10.       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.

11.       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.

12.       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.

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

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

15.       No development shall take place until details of proposed external lighting have been submitted to and approved by the Local Planning Authority showing location of lights and spillage. The development shall be carried out in accordance with those approved details.

16.       No development shall take place until wheel washing or other cleaning facilities for vehicles leaving the site during construction works have been installed at the site. The installed cleaning facilities shall be used to clean vehicles’ wheels immediately before leaving the site.

17.       No development, including site clearance, shall take place until a scheme of soft landscaping and a statement of the methods, including a timetable, for its Implementation (linked to the development schedule), have been submitted to the Local Planning Authority and approved in writing. The landscape scheme shall be carried out in accordance with the approved details and the agreed timetable. If any plant dies, becomes diseased or fails to thrive within a period of 5 years from the date of planting, or is removed, uprooted or destroyed, it must be replaced by another plant of the same kind and size and at the same place, unless the Local Planning Authority agrees to a variation beforehand in writing.

18.       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.

19.       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.

20.       Prior to first occupation of the development hereby approved, the proposed window openings in the first floor rear elevations (shown as angled and marked as obscured) 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.