Agenda item

(Director of Governance) To consider the attached report for variation of condition 2 for EPF/0377/02 - (Change of use of ground floor of stable   building from riding centre, office and staff rest room to residential in connection with the residential use of the first floor) to enable the continued residential occupation of Pine Lodge should the equestrian use of the land cease (DEV-004-2015/16).

The Assistant Director of Governance (Development Control) presented a report concerning the variation of an existing planning condition to enable the continued residential occupation of Pine Lodge in Lippitts Hill, Waltham Abbey should the equestrian use of the land cease. The application was before the Committee as the applicant was a serving District Councillor.

The Assistant Director stated that the application site compromised an area that was currently a riding centre with stabling, a covered riding arena and associated land, including the residential unit known as Pine Lodge. Planning permission was given in 1996 (EPF/1056/96 refers) for the use of the ground floor of an existing stable building at the site as a riding office and staff rest room, and for the first floor to be used as a staff flat. In 2002, further permission was obtained to change the use of the ground floor riding office and staff rest room to residential in connection with the existing residential use of the first floor (EPF/0377/02 refers), but only on condition that the residential use was in connection with the riding stables and that the dwelling should not be separated from Pine Lodge Riding Stables.

The Assistant Director reminded the Committee that, at its meeting on 11 February 2015, it granted planning permission at the site for the removal of the large indoor riding arena and stables, and the erection of five detached houses and associated facilities. A condition of the consent was the cessation of all commercial equestrian use at the site, which would contravene the previous occupancy condition of the dwelling known as Pine Lodge. Therefore, the application sought to vary the 2002 consent such that the dwelling remained tied to the commercial equestrian use of the site, but that if such use ceased as a result of implementing the most recent planning permission then the occupation of Pine Lodge would no longer be restricted.

Planning Officers had concluded that it was appropriate and necessary to vary rather than remove the condition, to ensure that occupation of the dwelling was restricted as long as the commercial equestrian use of the wider site continued, but to enable continued occupation of the dwelling if the commercial equestrian use of the site ceased as a result of the most recent planning consent. The proposed variation was in accordance with the adopted policies of the Local Plan and the National Planning Policy Framework, and was recommended for approval. In addition, the Committee was requested to formally revoke the legal agreement attached to the 1996 planning consent, which had been superseded by the 2002 planning consent, as it was no longer applicable and served no purpose.

The Committee noted that the Town Council had not offered any substantive comments on the application, and there had been one letter of objection received which stated that if the equestrian use of the site ceased then the residential permission should be withdrawn. The Committee agreed to vary the existing planning condition and to revoke the legal agreement attached to the 1996 planning consent.

Resolved:

(1)        That condition 2 of planning application EPF/0377/02 be varied to now read:

            “For so long as any part of the land edged red and blue on drawing number            2283/1 remains in use as an equestrian related business operation, the           approved dwelling (known as Pine Lodge) shall only be occupied by a person             employed at Pine Lodge riding Stables and any dependent relatives and shall        not be sold away or separated from the rest of the landholding.”; and

(2)        That the planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended) linked to the planning permission for application EPF/1056/96, which was subsequently superseded by the planning permission for application EPF/0377/02, be revoked.