Agenda item

(Director of Governance) To consider the attached report for the variation of condition 2 ‘plan numbers’ on planning application EPF/2197/16 (Installation of two storey business units (Use Class B1a); part single and part two storey cafe (Use Class A3); forming a business incubator development of 34 units based on reconditioned shipping containers, to allow for a supporting base structure for the approved crates.

The Assistant Director of Governance (Development Management) presented a report for the variation of condition 2 – ‘Plan Numbers’ – on planning application EPF/2197/16 (Installation of two storey business units (Use Class B1a); part single and part two storey café (Use Class A3); forming a business incubator development of 34 units based on reconditioned shipping containers) to allow for a supporting base structure for the approved crates.

The Assistant Director reported that the site was located within the Oakwood Hill Industrial Estate, which was designated as an employment area, and comprised an open yard previously used for storage flanked by two x two-storey business units with a vehicle access in between. The site backed onto the London Underground railway line, was directly opposite the entrance road to the Estate and therefore visible from Oakwood Hill. The site was not within the Metropolitan Green Belt or a Conservation Area. The proposal sought a minor material amendment to the plans approved by the Committee on 24 February 2016, for a supporting base structure to allow the reconditioned shipping containers to sit flat on the site, due to the slope to the rear of the site. The base structure would raise the front of the crates by a maximum of 0.8metres, and no other changes were proposed.

The Assistant Director stated that the application was before the Committee as it was considered a major planning application with the development of commercial floor space in excess of 1000m². The Council owned the freehold of the site. The main issues to be considered for this proposal were the impact on the overall design and amenity. Planning Officers had concluded that the amendment was relatively small and the addition of the base structure was considered acceptable; therefore approval of planning permission, with conditions, had been recommended.

The Committee noted the summary of representations, and that Loughton Town Council had no objection to the application. No responses had been received from neighbours during the consultation period.

Decision:

(1)        That planning application EPF/1922/16 at 15 Oakwood Hill Industrial Estate, Oakwood Hill in Loughton 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: 1.01, 1.02, 1.03, 1.04, 1.05, 1.11, 1.12, 1.13, 1.14, and 1.22 all dated 11/12/2015 and e16041-001-A and e16041-002-A both dated 16/03/16

3.         The development shall be implemented in accordance with the approved details submitted under EPF/1915/16 showing a photograph of the proposed crate.

4.         The development shall be implemented in accordance with the Surface Water Drainage Design document and drainage plan 5202/501-A submitted under EPF/1915/16. These 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.

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 proposedhumans, 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.       The development shall be implemented in accordance with the design and method statements (submitted plans and email communication with London Underground) submitted under reference EPF/1915/16. 

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.       The development shall be implemented in accordance with the submitted Construction Management Plan (dated March 2016) submitted under reference EPF/1915/16. This approved Statement shall be adhered to throughout the construction period.

13.       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.

14.       There shall be no open storage.