Agenda item

(Director of Governance) To consider the attached report for the variation of Condition 2 “Plan Numbers” on EPF/2853/14 to amend the site boundary and redesign the parking layout and access track.

The Assistant Director of Governance (Development Management) presented a report for the variation of condition 2 “Plan Numbers” on EPF/2853/14 to amend the site boundary and redesign the parking layout and access track at Pine Lodge Riding Centre in Lippitts Hill, Waltham Abbey. This application was before the Committee as it had been submitted by or on behalf of a serving District Councillor.

The Assistant Director reported that the site was located on the south-western side of Lippitts Hill and comprised an area that was currently a riding centre with stabling and a covered riding arena. To the east of the site were the residential properties of Springfield Farmhouse, which was a Grade II listed building, and Pine Lodge in the Applicant’s ownership, whilst to the south-west and north were further equestrian facilities. The original application was for the demolition of all existing buildings on the site and the building of five detached houses with associated garaging. This application sought to make minor material amendments to the previously approved scheme as there was a dispute over the ownership of a small part of the original application site. Consequently, it was requested to remove the disputed strip of land along the boundary with Springfield Farmhouse, resulting in a previously approved block of four garages being reduced to two garages and a small amendment to the configuration of the access road within the site.

The Assistant Director stated that Planning Officers had concluded the proposed changes were minor and would not cause any material harm. The proposed development was in accordance with the adopted Local Plan and the National Planning Policy Framework, and was therefore recommended for approval subject to the attached conditions.

The Committee noted that no representations had been received in respect of this application, and that no members of the public had registered to speak on this item.

Decision:

(1)        That planning application EPF/0671/17 at Pine Lodge Riding Centre in Lippitts Hill, Waltham Abbey be granted permission, subject to the following conditions:

1.         The  development  hereby  permitted  must  be  begun not later than 11 February 2018 (this being the expiration of three years beginning with the date of the original consent).

2.         The   development  hereby  permitted  will  be  completed  strictly  in accordance with the approved drawings nos: 1435/1, 2, 3, 4, 5A, 6, 7, 8, 9, 10A, 11, 12 and 3382/1A.

3.               No development shall have taken place until samples of the types and colours of the external finishes have been submitted to and approved          by the Local Planning Authority in writing prior to the commencement of the development. The development shall be implemented in accordance with such approved details. For the purposes of this condition, the        samples shall only be made available for inspection by the Local Planning Authority at the planning application site itself.

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 approvedin 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 then 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.         A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The Landscape Management Plan shall be carried out as approved.

6.         No development shall take place until a schedule of landscape maintenance for a minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. The landscape maintenance plan shall be carried out in accordance with the approved schedule.

7.         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.

8.         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:

·                 The parking of vehicles of site operatives and visitors.

·                 Loading and unloading of plant and materials.

·                 Storage of plant and materials used in constructing the development.

·                 The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate.

·                 Measures to control the emission of dust and dirt during construction, including wheel washing.

·                 A scheme for recycling/disposing of waste resulting from demolition and construction works.

9.         No bonfires shall be permitted on site throughout the demolition and construction phase of the development.

10.       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, to be approved by Essex County Council.

11.       The remaining stables and outbuildings and the open manege within the blue lined area on drawing number 3382/1 shall not at any time be used for any livery or commercial purpose whatsoever.

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

13.       Prior to commencement of the development, details showing the means to prevent the discharge of surface water from the development onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety prior to the access becoming operational and shall be retained at all times.

14.       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.

15.       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.

16.       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.]

17.       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.]

18.       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, 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.]

19.       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.

20.       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.

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 Classes A, B and E of Part 1 of Schedule 2 to the Order  shall be undertaken without the prior written permission of the Local Planning Authority.