Agenda item

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

The Committee gave further consideration to an application to renew the planning permission for a detached house on this site which had lapsed. Members had approved a linked development of car parking on the adjacent Victory Hall site at their meeting in October 2013.

Members noted the changes to the planning obligation and agreed with the view of officers that a definite time limit should now be placed on the approval and if this timescale was not met, the application be refused under delegation given the lack of overriding special circumstances. The Committee approved the renewal on that basis.

Resolved:

(1)        That planning permission be granted for the erection of the proposed house subject to:

(a)          The completion, within 6 months of the date of this decision of an agreement under Section 106 of the Town and Country Planning Act 1990 to secure:

(i)           Within 3 months of the service of Notice on the landowner(s) by Epping Forest District Council, the transfer of land at the application site situated adjacent to land at Victory Hall to Epping Forest District Council, at no cost.  Such Notice shall be served within 10 years.

(ii)          For a period of 10 years, no sale or transfer of the land at the application site situated adjacent to land at Victory Hall to any person other than Epping Forest District Council.

(iii)         Within 3 months, the payment of the sum of £33,000 by the developer to Epping Forest District Council as a contribution towards the cost of constructing a car park on the site planning permission ref EPF/0735/13 relates to.  If after a period of 10 years from receipt of the payment the sum is not spent as described, it shall be returned to the developer within a period of 3 months.

(b)          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: EPL_01, EPL_10 rev A, EPL_11 rev B, EPL_12 rev A, EPL_13 rev A, EPL_14 rev A.

(3)          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, 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]

(4)          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]

(5)          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]

(6)          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.

(7)          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.

(8)          No demolition or preliminary ground works of any kind shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the local planning authority.

(9)          No development shall take place until details of levels have been submitted to and approved by the Local Planning Authority showing cross-sections and elevations of the levels of the site prior to development and the proposed levels of all ground floor slabs of buildings, roadways and accessways and landscaped areas. The development shall be carried out in accordance with those approved details.

(10)        Prior to the commencement of development details of screen walls, fences or such similar structures shall be agreed in writing by the Local Planning Authority, and shall be erected before the occupation of any of the dwellings hereby approved and maintained in the agreed positions.

(11)        Prior to the commencement of the development details of the proposed surface materials for the access shall be submitted to and approved in writing by the Local Planning Authority.  The agreed surface treatment shall be completed prior to the first occupation of the development.

(12)        All material excavated from the below ground works hereby approved shall be removed from the site unless otherwise agreed in writing by the Local Planning Authority.

(13)        No development shall take place until wheel washing or other cleaning facilities for vehicles leaving the site during construction works have been installed within the site.  The installed cleaning facilities shall be used to clean vehicles immediately before leaving the site.

(14)        No construction works above ground level shall have taken 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, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

(15)        No development, including site clearance, shall take place until a scheme of soft landscaping and a statement of the methods, including a timetable, for its Implementation (linked to the development schedule), have been submitted to the Local Planning Authority and approved in writing. The landscape scheme shall be carried out in accordance with the approved details and the agreed timetable. If any plant dies, becomes diseased or fails to thrive within a period of 5 years from the date of planting, or is removed, uprooted or destroyed, it must be replaced by another plant of the same kind and size and at the same place, unless the Local Planning Authority agrees to a variation beforehand in writing.

(16)        Prior to the first occupation of the development permitted the existing crossover shall be removed and the footpath resurfaced and the kerb reinstated for use as approved in writing by the local planning authority.

(17)        Prior to the first occupation of the development hereby permitted there shall be no obstruction within a parallel band visibility spay 2.4m wide as measured from the back edge of the carriageway across the entire site frontage.  This area shall be retained free from any obstruction in perpetuity.

(18)        Any gates provided at the vehicular access shall only open inwards and shall be set back a minimum of 4.8 metres from the nearside edge of the carriageway.

(19)        Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 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, Part 1 of Schedule 2, to the Order shall be undertaken without the prior written permission of the Local Planning Authority.

(2)        That. in the event that the Applicant fails to complete a Section 106 agreement within the stated 6 months, delegated authority be granted to the Assistant Director of Planning and Economic Development (or successor Assistant Director (Development Management)) to refuse planning permission on the basis that the development will cause harm to this part of the Green Belt.