Minutes:
The Principal Planning Officer presented a report regarding the forthcoming Planning Appeal in respect of the land at Ongar Station in the High Street, Ongar.
The Principal Planning Officer reported that planning application EPF/0457/10 proposed the erection of a large building for the frail elderly at Land at Ongar Station, facing directly onto the High Street. The Applicant had appealed against the non-determination of the application, but this Sub-Committee had decided that it would have refused to grant planning permission for the following reasons:
(i) The applicants failure to provide an adequate affordable housing contribution in lieu of on-site affordable housing provision for a development of this size results in this proposal failing to comply with the aims of this Council’s Adopted Local Plan policies H5A, H6A, H7A and I1A;
(ii) The design of the development, including its density, site coverage, bulk, massing and detailing, is out of character with the surrounding area and harmful to the character and usual amenity of the locality and the High Street in particular, contrary to policies CP2, CP7, H3A and DBE1of the adopted Local Plan and Alterations;
(iii) The proposed development due to its size, scale and design, and also due to the loss of the curtilage listed building (355 High Street) would have an adverse impact on the setting of the adjacent grade II station building contrary to Policy HC12 of the adopted Local Plan and Alterations; and
(iv) The proposal would introduce a significant number of frail elderly people into the locality in close proximity to Ongar High Street. A contribution should therefore be provided (via a Legal Agreement under Section 106) to secure the provision of a pedestrian crossing on the High Street in the vicinity of the development in the interests of accessibility and safety and in accordance with policies ST2, ST4 and I1A of the Adopted Local Plan Alterations.
The Principal Planning Officer advised the Sub-Committee that there was no evidence to support the fourth reason for refusal and that Officers would not be able to defend that reason at the appeal hearing on 8 February 2011. Consequently, it was very likely that an award of costs would be made against the Council if this reason for refusal was pursued, even if the Council won the appeal. The Sub-Committee was requested to either agree that the fourth reason for refusal should not be pursued or that individual members of the Sub-Committee be nominated to support the second reason for refusal at the appeal hearing.
One of the local Members for Chipping Ongar, Greensted and Marden Ash stated that there were bus stops either side of road at the position of the proposed crossing, Theatre Resource could offer facilities to residents on the other side of the road if the Crossing was in situ, and the Highways Agency had already surveyed the site and recommended it as a suitable position for a crossing. The Member advised the Sub-Committee of his willingness to attend the appeal to defend the reason for refusal.
The Sub-Committee was informed that the Highways Agency did not realise that the embankment was in private ownership when they conducted the survey at the site, and this was the reason why the construction of the crossing was not pursued. It was acknowledged that the provision of a crossing at the site had been a problem for some time, but it was not worth risking the success of the planning appeal on this issue. A possible site visit was suggested, but the Sub-Committee was reminded of the time constraints involved. The Sub-Committee duly resolved to defend the appeal on the first three reasons for refusal only.
RESOLVED:
(1) That the fourth reason for refusing planning application EPF/0457/10, which proposed the erection of a large building on land at Ongar Station in the High Street, Chipping Ongar, be not pursued by Officers at the planning appeal on 8 February 2011.