Agenda item

(Head of Planning and Economic Development) To consider the attached report.

The Committee considered an application referred to it by Area Planning Subcommittee East on 19 January 2011 seeking the demolition of glasshouses and structures and the building of a 50 bed care home. The Subcommittee had recommended that planning permission be granted subject to a number of issues relating to car parking provision, access and provision of a percentage of occupancy for local people.

 

It was reported that since the Planning Subcommittee meeting car parking provision and access arrangements had been improved and further late representation from local people were reported. The local MP and Parish Council had also made representations supporting the proposals.

 

The Committee supported the view of the Planning Subcommittee that such care facilities were needed in the local area such that they amounted to very special circumstances sufficient to overcome the presumption against development in the green belt. The Committee also noted the current levels of known need reported by the local Councillor.

 

It was the view of the Committee that District residents should taken priority for places at the new home and should be given a discount on residential fees for a period of five years from the date of the opening of the home.

 

The Committee agreed unanimously to grant permission subject to an appropriate legal agreement, no call-in being made by the Secretary of State, and no further substantive representations being made.

 

Resolved:

 

That the planning application EPF/1907/10 on land Rear of Oakley Hall, Hoe Lane, Nazeing be granted subject to:

 

(a)        The completion of a legal agreement under S106 of the Town and Country Planning Act 1990 within six months of the date of the resolution to secure:

 

(1)        £25,000.00 to Nazeing Parish Council for community improvements payable in five annual £5,000.00 instalments;

 

(2)        An initial payment of £40,000.00 to the West Essex Primary Care Trust, followed by five annual payments of £5,000.00 resulting in an additional provision of a further £25,000.00;

 

(3)        £3,000.00 to Essex County Council to monitor a submitted Travel Plan;

 

(4)        £140.00 to Essex County Council to provide 4x ‘Slow’ Markings on Hoe Lane;

 

(5)        Implementation of an onsite ecological enhancement scheme to accord with approved submitted particulars or by way of contribution of funds towards enhancements; and

 

(6)        A clause stating “The home will give priority to residents within Epping Forest District prior to admission. Local residents of Nazeing will be offered at 10% discount for private fees and top up fees during the first five years of operation of the home”;

 

(b)        No further representation raising new issues being received after 5th April 2011;

 

(c)        No Call-in being made by the Secretary of State;

 

(d)        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. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

 

(2)        No development shall have taken place until details 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. Reason:- To ensure a satisfactory appearance in the interests of visual amenity.

 

(3)        The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul drainage has been submitted to and approved in writing by the Local Planning Authority, the development shall then be carried out and maintained in accordance with the approved details. Reason: To prevent pollution to surface/groundwater.

 

(5)        The development hereby permitted shall not be commenced until such time as a scheme to abstract and discharge groundwater for Ground Source Heat Pumps (GSHP) has been submitted to and approved in writing by, the Local Planning Authority. The Development shall then be carried out and maintained in accordance with the approved details. Reason: To prevent the pollution of ground water

 

(5)        The development hereby permitted shall be carried out and maintained thereafter in accordance with the approved Flood Risk Assessment (FRA) by HCD Group Revision A dated October 2010 and the following mitigation measures detailed within the FRA:

 

(i)         Limiting the surface water run-off generated by the 1 in 100 year plus climate change critical storm so that it will not exceed 5 Litres per second and not increase the risk of flooding off site (section 3.1)

 

(ii)        Use green roofs, ponds and wetlands to provide the storage needed to manage the surface water from the site (section 3.3).

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to provide biodiversity and amenity benefits whilst managing surface water flood risk.

 

(6)        The development shall be carried out in strict accordance with the recommendations made within the Applied Ecology surveys document dated May 2010 comprising either a SUDs and Landscape enhancement or an appropriate contribution in lieu as set out in the accompanying S106.

 

Reason: To preserve and enhance the habitats onsite.

 

(7)        Prior to the commencement of works, all existing structures on site shall be demolished and removed in their entirety. Reason: In order that the development accords with the approved plans, to preserve the character and appearance of the Green Belt and in the interests of the amenities of future occupiers.

 

(8)        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. Reason: In the interests of the amenities of neighbouring properties.

 

(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 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, ground waters 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]

 

Reason: To ensure the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

(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]

 

Reason: To ensure the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. The Application does not secure the provision of affordable housing.  The District is subject to a significant and increasing demand for affordable housing and accordingly the failure of this development to provide affordable housing would be contrary to Policies H5A and H6A of the adopted Local Plan and Alterations. 

 

(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]

 

Reason: To ensure the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

(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 (referred to in PPS23 as a Validation 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. 

Reason: To ensure the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

(13)      No development shall take place until wheel washing or other cleaning facilities for vehicles leaving the site during construction works have been installed in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority. The approved installed cleaning facilities shall be used to clean vehicles immediately before leaving the site.

Reason:- To avoid the deposit of material on the public highway in the interests of highway safety.

 

(14)      Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any Order amending, revoking and re-enacting that Order) the premises shall be used solely as care accommodation for persons defined medically as in need of care and for no other purpose within Class C2.

 

Reason: The very special circumstances set out to justify the development in the Green Belt and the loss of glass house land relate to the need for care in the District, therefore any other use would be unacceptable in the Green Belt and on a former glass house site and in order that the development accords with the approved particulars.

 

(15)      No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan and Arboricultural Method Statement in accordance with BS:5837:2005 (Trees in relation to construction) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved Tree Protection Plan and Arboricultural Method Statement unless the Local Planning Authority gives its written consent to any variation.

 

Reason:- To comply with the duties indicated in Section 197 of the Town & Country Planning Act 1990 so as to ensure that the amenity value of the existing trees are safeguarded.

 

(16)      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 an 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.

 

Reason:- To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990 so as to ensure that the details of the development of the landscaping are complementary, and to ensure a satisfactory appearance to the development with particular attention to the boundary treatments adjacent the neighbouring glasshouse sites.