Agenda item

(Director of Governance) To consider the attached report for the erection of four four-bedroomed houses and garages.

The Principal Planning Officer presented a report for the erection of four four-bedroom houses with garages. The application was considered by Area Planning Sub-Committee West at its meeting on 18 October 2017 with a recommendation to refuse; the Sub-Committee referred the application to this Committee for a decision with a recommendation to approve planning permission.

The Principal Planning Officer stated that the site comprised a 0.45 hectare area of a former Mushroom Farm located on the western side of Nursery Road. The site currently contained a number of redundant agricultural buildings in a poor state of repair, was largely overgrown, and sat beyond the linear row of properties within Nursery Road. To the immediate north, east and west of the site were open areas of land containing woodland, open fields and lakes. The site was located within the Metropolitan Green Belt, the Lea Valley Regional Park, wholly within an Environment Agency Flood Zone 2, and partially within a Flood Zone 3.

The Principal Planning Officer reported Planning Officers had concluded that the site did not constitute previously developed land and the proposal did not meet any of the exceptions to inappropriate development in the Metropolitan Green Belt outlined within the National Planning Policy Framework. The application had not passed a Sequential Test and would also harm the character of the Lea Valley Regional Park. It was acknowledged that the Council could not demonstrate a five-year land supply of housing sites, but this did not negate the provisions of the National Planning Policy Framework at paragraphs 89 (Green Belt) and 100 (Flood Risk). It was also recognised that the site was but a short distance from the centre of Nazeing, but this was not sufficient to outweigh the harm to the Green Belt of the unacceptable nature of this site. Therefore, Planning Officers had recommended that planning permission be refused for this application.

The Committee noted the summary of representations received in respect of this application, including support for the application from Nazeing Parish Council and three other residents, and objections from three residents and the Nursery Road Residents Association. The Committee heard from the Parish Council and the Applicant before proceeding to debate the application.

The Principal Planning Officer informed the Committee that the Members of Area Planning Sub-Committee West had felt that the reduction in the number of houses proposed to be developed on the site from the previous application in 2016 was acceptable, and that the site had been previously developed. Therefore, the application had been recommended for approval as very special circumstances had been demonstrated. Planning Officers were not totally convinced by this argument as the previous buildings on the site had been erected for agricultural purposes.

Cllr S Kane stated that the general feeling of the Members at Area Planning Sub-Committee West was the development would be an improvement to the site and therefore would enhance the Green Belt rather than harm it. The Committee agreed that the site was in a terrible state and needed improving, and that it had been previously developed.

Decision:

(1)        That planning application EPF/1956/17 at Broxlea Nursery in Nursery Road, Nazeing 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: ELA/1 Rev: 00, ELA/2, ELA/12 Rev: A, ELA/100 Rev: 00, ELA/300, ELA/301, ELA/400, ELA/401, ELA/500.

3.         The development hereby permitted shall be carried out in accordance with the flood risk assessment (MTC Engineering – Broxlea Nursery, Ref 1671, July 2017) and drainage strategy submitted with the application unless otherwise agreed in writing with the Local Planning Authority.

4.         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.

5.         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.

6.         No development shall take place until details of flood mitigation measures have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

7.         Prior to the commencement of the development hereby permitted, surveys at the appropriate time of year shall be undertaken with regards to:

                        (i)         Bats

                        (ii)        Reptiles

                        (iii)       Great crested newts

Surveys should be undertaken in accordance with guidelines from Natural England (or other relevant body). These shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works.

Should the surveys reveal the presence of any of these protected species, or their breeding sites or resting places then an appropriate and proportionate detailed mitigation and compensation strategy must be written in accordance with any guidelines available from Natural England (or other relevant body) and submitted to and approved in writing by the Local Planning Authority prior to the commencement of works. Should a Natural England European Protected Species licence (EPS) be required then this should also be submitted to the Local Planning Authority. All works shall then proceed in accordance with the approved strategy with any amendments agreed in writing.

8.         No removal of hedgerows, trees or shrubs, or works to or demolition of buildings or structures that may be used by breeding birds, shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a detailed check of vegetation for active birds’ nests immediately prior to the vegetation being cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation shall be submitted to the Local Planning Authority prior to the commencement of any works on site.

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.       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.

15.       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.