Agenda item

(Director of Governance) To the attached report for the demolition of garages and replacement with 3 x 3 bed two storey affordable homes with 7 parking spaces and associated landscaping (DEV-007-2016/17).

The Assistant Director of Governance (Development Management) presented a report for the demolition of garages and replacement with three 3-bedroomed, two storey affordable homes with seven parking spaces and associated landscaping, to the rear of 2 – 12 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 broadly rectangular to the rear of 2 – 10 Hornbeam Road and accessed by a narrow vehicular road. To the south of the site were further properties set back from Hornbeam Road, with allotment gardens to the east which were in the Metropolitan Green Belt (although the site itself was not). The site was Council-owned with 14 garages located in one block backing onto the allotments. Only three of the garages were currently vacant. The site was not in a conservation area.

The Assistant Director reported that the proposed dwellings would have rear gardens backing onto the rear garden of 14 Hornbeam Road, with parking laid out to the front of the site. The main issues for 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. Planning Officers had concluded that the proposal was considered acceptable with limited impact on amenity and was of an acceptable design.  Although concerns had been raised regarding the existing parking situation and the methodology of the Transport Assessment and parking survey, the existing parking surrounding the area had been shown to be able to accommodate any displaced parking.  Given this, and that the proposal would provide affordable housing within the District on a previously developed site, Planning Officers had originally recommended that approval should be granted for the application.

The Assistant Director highlighted that Area Planning Sub-Committee South had reused the application on the basis that the loss of 11 let garages and the failure of the proposal to make appropriate alternative provision for off-street car parking within the locality, was likely to exacerbate parking stress in the locality to the detriment of its character and residential amenity.

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 an Objector, the Parish Council and the Applicant before proceeding to debate the application.

Some Members of the Committee felt that this was an intensively used garage block with 78% of the available garages currently being let; parking was a very real issue in the area and the loss of these garages would only exacerbate the problem. Again, problems were highlighted with the methodology used for the Transport Survey submitted with the application, and parking facilities were urgently required in this locality. It was also emphasised that the development would spoil neighbour amenity. The reasons for refusal given at Area Planning Sub-Committee South were sound and should be supported by the Committee for this particular application.

In response to questions from Members of the Committee, the Assistant Director clarified that no flood issues had been raised by the Council’s Land Drainage team in relation to this application. In addition, the neighbouring gardens were long giving a gap of between 13.5 and 23 metres between the existing and proposed dwellings, and the angled windows with obscured glazing would prevent any overlooking. The allotment gardens to the east of the site presented no planning issues for consideration.

A local (non-Committee) Member for Buckhurst Hill East informed the Committee that these were a well used block of garages, and the proposed off-street parking scheme for the area was currently in abeyance. Therefore, the Committee was urged to refuse the application.

A local Member for Theydon Bois reminded the Committee that the right to a view was not enshrined in planning law. The depth of the neighbouring gardens gave a reasonable separation between the proposed and existing dwellings, although the Member did express some small concern regarding the proposed amenity space per dwelling. The Member accepted the evidence provided by the Parking Survey and proposed that planning permission for the application be granted subject to the planning conditions that were put before Area Planning Sub-Committee South.

Other Members of the Committee highlighted that some of the garages were used for general storage rather than car storage, and that if the Council did not permit development on previously developed sites then permission would have to be granted for development on more sites within the Metropolitan Green Belt.

The Assistant Director added that the proposed amenity space was standard for modern houses, and that the plans did explicitly state details of the boundary screening between the proposed dwellings and the allotment gardens to the east of the site; although this was probably covered by the reference to “…means of enclosure…” in condition 4 of the planning conditions that were put before Area Planning Sub-Committee South.

Decision:

(1)        That planning application EPF/0215/16 at land and garages to the rear of 2 – 12 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 C, PL04 A, PL05, PL06 A and 15-044-074

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, 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.         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.]

6.         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.]

7.         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.]

8.         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. 

9.         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. 

10.       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.

11.       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.

12.       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.

13.       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.

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

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

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 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.

18.       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.

19.       Prior to first occupation of the development hereby approved, the proposed first floor window openings on the flank and rear marked as obscured on plan no: PL04 A 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.