Agenda item

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

 

The Committee gave further consideration to a major application for a glasshouse extension at Valley Grown Nurseries in Paynes Lane, Nazeing. An application at the site had previously been considered by the Committee at its meeting on 24 August 2011.

 

The application sought the extension of existing nursery by the construction of a 92,065 m2 horticultural glasshouse including service area, product area, staff facilities and an office area.

 

It was noted that the previous application had been subject to appeal, which whilst upholding members decision at that time to reject the application, the inspector had not agreed that the development would cause harm to neighbouring properties.

 

The committee noted the main issues for consideration, being impact on the green belt, impact on the landscape, wildlife and on the regional park, highways impact, residential impact, flooding and employment.

 

During the debate the Committee heard from speakers representing the Lea Valley Regional Park Authority, Objectors, Nazeing Parish Council and the Applicant.

 

Members considered the application issues, particularly relating to the introduction of the NPPF subsequently after the previous refusal and the views of the planning inspector.

 

The committee considered the application a balanced one but took into account the need for locally source produce, the beneficial employment position resulting from the development, the incomplete Local Plan evidence base and the need to set aside sufficient glasshouse areas. It was noted that highways and flooding issues had now been addressed. The Committee concurred with the view of officers that the application should be granted subject to a unilateral planning obligation relating to subdivision or the site, removal of used buildings on the site and creation of a wildlife habitat within the site and planning conditions as amended by the planning officer at the meeting.

 

Resolved:

 

That planning application EPF2350/13 at Valley Grown Nurseries, Paynes Lane, Nazeing be granted subject to:

 

(a)        A unilateral planning obligation to secure:

 

(i)         Prevention of the development from being divided or segmented whereby any third party could own or operate any part of the glasshouse.  This would prevent the possibility of the site being utilised by several different businesses that would lead to potential for significantly increased traffic movements.

 

(ii)        Require the owner to dismantle and remove any building from the site that is not utilised for production within 1 year of its use ceasing, and to reinstate the land to a specification to be agreed with the Council to remove foundations and to a condition suitable for agricultural use within 2 years of the proposed development permanently ceasing production.  This is required to ensure that there is no risk of the site becoming derelict in the future, as previous glasshouse sites have.

 

(iii)       The creation and maintenance of a long term wildlife habitat area on the lake and adjacent area, including, provision of an outdoor classroom and information boards, working with appropriate community and ecology groups to complete a programme of planting, creating and agreeing an ongoing landscape management plan and creating the new landscape and wetland area before the greenhouse facility becomes fully operational.

 

(b)        The following planning 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. No development 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 by the applicant and approved in writing by the Planning Authority.

 

3. No development shall take place until details of foul and 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.

 

4.  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.

 

5. The access and parking area shown on the approved plan shall be provided prior to the first occupation of the development and shall be retained free of obstruction for the access and parking of staff and visitors vehicles.

 

6. 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:

 

1. The parking of vehicles of site operatives and visitors

2. Loading and unloading of plant and materials

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

4. The erection and maintenance of security hoardings

5. Measures to control the emission of dust and dirt during construction

 

7. Before any preparatory demolition or construction works commence on site, full ecological surveys and a mitigation strategy for the site shall be submitted to and agreed in writing by the Local Planning Authority with a working methodology for site clearance and construction work. These details shall include: no excavation, infilling or noisy construction works (ie those involving heavy machinery, or particularly noisy equipment such as angle-grinders, or hammering) are to take place within the southern half of the proposal site during the period from 1 October to 31 March inclusive in any year.

The infilling of the northern part of the existing lake or „splashpool shall not commence until after the completion of the excavation works to extend this lake to the east. The lake and its margins shall be managed in such a way as to maintain the balance of habitats and features as detailed on drawing NK016844_SK035 Revision C. Development shall be undertaken only in accordance with the agreed strategy and methodology.

 

8. No development shall commence until a scheme to enhance and manage the nature conservation interest of the site has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented in full prior to the occupation of the development hereby approved and maintained thereafter in accordance with the agreed management scheme.

 

9.. Prior to the first use of the development hereby approved a Full Travel Plan setting out key methods of minimising traffic movements in connection with the development shall be submitted and agreed in writing by the Local Planning Authority. All strategies set out in the agreed travel plan shall be implemented and maintained thereafter in accordance with the agreed timetable and details.

 

10. Artificial lighting within the glasshouse hereby approved shall only take place within the area identified on the approved drawings and the lights shall only be operated when the full blackout blinds (details of which shall be submitted to and agreed in writing by the Local Planning Authority prior to installation), are in position and fully closed.

 

11. 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.

 

12. A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the Local Planning Authority prior to commencement of the development.

 

13. 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]

 

14. 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]

 

15. 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]

 

16. 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. 

 

17. 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. 

 

18. Prior to the first use of the building a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. The long-term monitoring and maintenance plan shall be implemented as approved.

 

19. Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority.

 

20. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

 

21. No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

22 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

23. The development hereby approved shall not be commenced until a detailed surface water drainage scheme for the site, based on the agreed Flood Risk Assessment(FRA “Proposed Glasshouse Extension. Paynes Lane, Nazeing” dated 22 November2011) and Surface Water Drainage Philosophy has been submitted to and approved in writing by the Local Planning Authority.  The drainage strategy shall include a restriction in run off and surface water storage on site as outlined in the FRA.  The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

 

24. The development hereby permitted shall not be commenced until such time as a scheme has been submitted to, and approved in writing by, the local planning authority with regard to diversion of the existing ordinary watercourse along the eastern boundary of the site and details of native planting within the buffer zone The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the agreed scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

25. Details of mitigation measures to be completed should there be any increase in groundwater flooding problems shall be submitted to the and agreed in writing by the Local Planning Authority prior to the commencement of development and shall be implemented in full in the event of any increased groundwater issues arising as a result of the development.

 

26.  The development shall be carried out strictly in accordance with drawing numbers:

 

NK016844_800 Location Plan

NK016844_801 Site layout Context

NK 016844_802A Existing Site layout

NK016844_803 Overall Layout

NK016844_804 Glasshouse Layout

NK016844_805 Warehouse Layout

NK016844_ 806 Section1-1

NK016844_807 Warehouse Building Elevations

NK016844_808 Building elevations

NK016844_109 Site Yard Layout tracking Design

NK016844_110 Site Yard Layout Levels

NK016844_811 Artificial Lighting

NK016844_SK015 B Fundamental Finished Level Profile Principles

NK016844_SK017A Envisaged Site Levels for Cut and Fill Balance

NK016844_SK033 A Areas of Site Where Bulk Earthworks are Not required

NK016844_SK034 Bulk earthworks in relation to Potential Archaeology

NK016844_SK035C Habitat Enhancement and Landscaping