Agenda item

(Director of Governance) To consider the attached report for full planning permission to redevelop the site with enabling residential development to provide 9 residential units together with associated car parking, open space, and refuse and recycling facilities (linked to applications EPF/2617/14 & EPF/2518/14) (DEV-007a-2015/16).

The Assistant Director of Governance (Development Control) presented a report regarding the redevelopment of the site at Foster Street Farm in Foster Street to provide 9 residential units together with associated car parking, open space, refuse and recycling facilities. This was an enabling development for the linked applications EPF/2517/14 and EPF/2518/14, as the approval of the two residential schemes would financially support the relocation of C J Pryor to an expanded site at Harlow Gateway South.

The Assistant Director reported that the proposal sought permission for two 3-bedroomed, five 4-bedroomed and two 5-bedroomed properties to be erected. The dwellings would all be two-storeys in height, and although the original plans had included three-storey dwellings these had been amended to lower the height of the buildings. A pair of semi-detached dwellings and a single dwelling would front Foster Street, with a linear development of detached dwellings to the rear of these. A small pond would be sited in the south east of the site and the site access would be relocated to allow for better visibility.

Planning Officers had concluded that the proposed development would not result in any greater harm to the openness of the Green Belt and would not cause any significantly greater impact on the character and appearance of this rural area. There would be no perceptible increase in vehicle movements and the relocation of the access road would improve highway safety. The loss of amenity to existing properties would not be excessive, and there were some amenity benefits to the local area from this development. Adequate parking and private amenity space had been provided, and the small scale of the proposed development was sufficient in respect of sustainability. The proposal complied with the National Planning Policy Framework and the relevant Local Plan policies, and was therefore recommended for approval.

The Assistant Director added that this application, along with the two linked applications, was originally considered by Area Plans Sub-Committee East at its meeting on 13 May 2015. However, all three applications were referred directly to this Committee without discussion. This application had been deferred by the Committee at its previous meeting to enable proper consultation to be undertaken as the submitted plans had been amended by the Applicant following the publication of the agenda.

The Assistant Director informed the Committee that a High Court ruling had been received following publication of the agenda, which required 50% of the units to be allocated for affordable housing on the site. The application had not included any provision for affordable housing, and if this application had been dealt with at the previous meeting then this ruling would not have applied. However, the Council did not have to comply with this ruling if it felt that very special circumstances existed.

The Committee noted the summary of representations. Twelve letters in support of the application had been received, including the local Member of Parliament for Harlow and six employees of C J Pryor; eleven letters of objection had been received, including North Weald Bassett Parish Council who had submitted a further letter of objection following sight of the amended plans. Harlow District Council had no objection to the development. The Committee heard from an Objector, the Parish Council and the Applicant’s Agent, before proceeding to debate the application.

Some members of the Committee felt that the application should be refused permission to comply with the High Court ruling, as no affordable housing was being proposed as part of the development. Although it was regrettable that the application had been delayed, and the High Court ruling was now in force, there had not been any very special circumstances demonstrated to negate the need to provide affordable housing. The Assistant Director stated that the Applicant had argued against the provision of affordable housing as the scheme would not then be economically viable to financially support the proposed re-location of the business; the Council had employed external consultants to examine the application, who had agreed with the economic viability argument put forward by the Applicant.

Other members of the Committee felt that this was a permissible development on a previously developed, brownfield site. The Assistant Director reminded the Committee that the Government had removed any requirement for a policy on the density of developments, and that the provision of private amenity areas and parking spaces were to be considered instead.

Resolved:

(1)        That planning application EPF/2516/14 at Foster Street Farm, Foster Street be granted planning permission, subject to 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: 1457_0090 A, 139/PL/01A,     139/01/SS/02A, 139/01/SS/01A, 139/PD/04/01, 139/PD/04/02, 139/PD/03/02,             139/PD/03/04, and 062/PD/05/01A.

            3.         No construction works above ground level shall take 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. The development shall be implemented in      accordance with such approved details.

            4.         No development shall take place until details of 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.

            5.         The development shall be carried out in accordance with the           flood risk assessment (Stomor Civil Engineering Consultants, Ref     ST2331/FRA-1408-Foster Street Revision 0, August 2014) and drainage             strategy submitted with the application, unless otherwise agreed in             writing with the Local Planning Authority.

            6.         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 and     installed cleaning facilities shall be used to clean vehicles immediately before           leaving the site.

            7.         Notwithstanding the provisions of the Town & Country Planning       (General Permitted Development) (England) Order 2015 (or of any         equivalent provision in any Statutory Instrument revoking or re-enacting that             Order), the garages hereby approved shall be retained so that it is capable of        allowing the parking of cars together with any ancillary storage in connection          with the residential use of the site, and shall at no time be converted into a     room or used for any other purpose.

            8.         Notwithstanding the provisions of the Town and Country Planning   (General Permitted Development) (England) Order 2015 as amended (or any   other Order revoking, further amending or re-enacting that Order) no             extensions or outbuildings generally permitted by virtue of Class A, B or E of          Part 1 of Schedule 2 to the Order shall be undertaken without the prior written    permission of the Local Planning Authority.

            9.         The recommendations within the Phase 1 Habitat Survey dated      April 2014, submitted by DF Clark Bionomique Ltd, as stated within        section 1, Summary, items i - ix concerning birds, great crested newts,      bats and recommendations for future lighting and landscaping, shall be followed.

            10.       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 the implementation programme (linked to          the development schedule) have been submitted to and 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.

            11.       Prior to the commencement of development, including any ground             works or demolition, details of a Construction Method Statement shall be             submitted to and approved in writing by the Local Planning Authority. The           Statement shall provide for the following clear of the highway:

·                     safe access into the site;

·                     the parking of vehicles of site operatives and visitors;

·                     loading and unloading of plant and materials;

·                     storage of plant and materials used in constructing the   development; and

·                     wheel and underbody washing facilities.

The approved Statement shall be adhered to throughout the construction period.

            12.       Prior to first occupation of the development the developer shall        implement and retain in perpetuity the access arrangements for the       proposed development, as shown in principle on Stomor drawing   no.ST-             2331-03-D, to include but not limited to:

·               2.4m x 120m visibility splays.

            13.       Prior to first occupation of the development, the Developer shall be             responsible for the provision and implementation, per dwelling, of a        Residential Travel Information Pack for sustainable transport.

            14.       All turning heads required for refuse and fire tender use shall           comply with the dimensions within the Essex Design Guide for a Size 3   Turning Head.

            15.       The carriageways of the proposed estate roads shall be      constructed up to and including at least road base level, prior to the    commencement of the erection of any dwelling intended to take access     from that road. The carriageways and footways shall be constructed up to     and including base course surfacing. Until final surfacing is completed, the    footway base course shall be provided in a manner to avoid any upstands to             gullies, covers, kerbs or other such obstructions within or bordering the      footway. The carriageways, footways and footpaths in front of each dwelling        shall be completed with final   surfacing within twelve months (or three months         in the case of a shared surface road or a mews) from the occupation of such        dwelling.

            16.       The 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 parking of residents and visitors vehicles.

            17.       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.]

            18.       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.]

            19.       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.]

            20.       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.

            21.       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 condition immediately above (no.           20).

            22.       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.