Agenda item

(Director of Governance) To consider the attached report for the erection of 51 affordable houses with 28 parking spaces (revised application) (DEV-010-2015/16).

The Assistant Director of Governance (Development Management) presented a report regarding the redevelopment of land and garages off Burton Road in Debden to provide 51 affordable dwellings with 28 parking spaces.

 

The Assistant Director reported that the application site comprised land on the south-eastern side of Burton Road, between Torrington Gardens and Torrington Drive. It currently contained garages at either end, separated by a grassed amenity area which included a right of way between Burton Road and Torrington Drive. The site backed on to the gardens of the maisonettes in Torrington Drive, and there was a large public car park opposite the site.

 

The Assistant Director stated that the application proposed 17 houses and 34 flats in two blocks fronting Burton Road. This was a revised application following the refusal of planning permission by Area Plans Sub-Committee South in January 2015. This application had reduced the height of the houses by approximately 400mm and the two flat blocks by 1.1m; this had been achieved by cutting into the land nearest Burton Road to achieve a level surface to build on. In addition, the number of flats to be provided had been reduced by one, and the number of parking spaces increased by one. 15 of the houses would be part single-storey, part three-storey three bedroomed units forming a terrace. These would have a roof terrace that looked out towards  Burton Road and a screen wall at the rear to obstruct all views towards the gardens of the maisonettes in Torrington Drive. The two remaining houses would form a pair of semi-detached two-bedroomed houses. Each house would have a private driveway for vehicle parking. The flats would take the form of two four-storey buildings either side of the footpath linking Burton Road with Torrington Drive, and would consist of 11 one-bedroomed dwellings and 23 two-bedroomed dwellings. A total of 11 parking spaces would be provided for the flats. The application was also accompanied by a signed Unilateral Undertaking to make a financial contribution of £16,720 towards healthcare provision in the locality, as advised by NHS England.

 

The Assistant Director added that the Council had only received the comments from Essex County Council the day before the meeting concerning flood risk assessments and the application of sustainable drainage systems. The result of urgent discussions with the County Council had been the agreement to replace condition 5 listed in the report with four new conditions, which the Assistant Director outlined for the benefit of the Committee.

 

Planning Officers had concluded that the proposal had properly addressed the reasons for refusal of the previous application and would secure much needed affordable housing in a highly sustainable location without causing excessive harm. It was considered that appropriate off-street parking provision had been proposed, and while it was recognised there was a wider parking issue in the locality, it was not a matter on which to decide this application. It was felt that the proposal complied with relevant planning policy and was recommended for approval.

 

The Committee noted the summary of representations. There had been 14 letters of objection to the scheme received (one of which was a late representation received after the agenda had been published), including from Loughton Town Council, in addition to 48 identical letters of objection from local businesses in The Broadway and a petition with 133 signatures objecting to the proposed scheme. There were no letters of support, and four ‘neutral’ letters received, which included one from NHS England requesting a financial contribution of £16,720 for local healthcare services. The Committee also heard statements from an objector, the Loughton Town Council who requested that the application be deferred for a site visit, and the Applicant, East Thames Housing Association.

 

A local Member for Loughton Broadway was of the opinion that the design of the houses was unsightly and inappropriate for this location. The effect on other residents in the area was grave as the blocks of flats would dwarf the residents in Torrington Drive. If this application was approved then the houses and flats could be quickly sold off under the new Government guidelines concerning the Right-To-Buy for Housing Association Tenants. The Member suggested that this application be refused, on the same grounds as the previous application that the proposal would have an overbearing relationship with neighbouring land to the detriment of the visual amenities of the locality, and that the way forward for the site be as before, that is to reduce the height of the blocks of flats to three storeys. The Member added that he would also support a site visit by the Committee.

 

A local Member for Lower Nazeing felt that the new design was good and provided sustainable housing. It was set away from other developments in the area and the number of parking spaces for the flats was not an issue with the large public car park opposite. Most of the Committee knew this area very well, therefore there was no need for a site visit. The Member liked the development and was in favour of it. A local Member for Passingford added that the proposal made good use of under utilised land, which needed to be developed and provide much needed housing for residents of the District. The Member liked the use of solar panels and highlighted that the development was close to a Central Line station. There was no valid reason for a site visit, and the Member would be supporting the application. A local Member for Buckhurst Hill West suggested planting mature trees to provide some screening and reduce the visual impact of the development; the Assistant Director stated that this could be considered.

 

A local Member for Chigwell Village, who was also the County Councillor for Chigwell and Loughton Broadway, was disappointed that the blocks of flats had been sunk into the ground by 1.1m to reduce their height in the revised application, and was not convinced that the new design was low enough after the previous application was refused by Area Plans Sub-Committee South. The Member felt that the top storey in both blocks of flats should be removed, and that the design should be for 42 units as previously considered.

 

A local Member for Loughton St John’s commented that parking had been raised as a significant issue by the objectors, and there were a lot less parking spaces being provided for this development when compared with the development of the former Sir Winston Churchill Public House. The Assistant Director reiterated that there was a large public car park opposite which offered free parking from 6.00pm until 8.00am, and that the developers of the former Sir Winston Churchill Public House had offered more parking provision than was the case with this application.

 

A local member for Loughton Roding, who was not a member of the Committee, stated that new issues could be considered by the Committee as a new planning application had been made. Parking issues in the area had been raised by all of the objections received by the Council, and the Member felt that the assessment undertaken by Officers within the report was incorrect. Season tickets were not available to local residents for the public car park nearby, and this development would only contribute to existing parking problems in the area as the proposed off-street parking scheme for Torrington Drive would only be for the residents of the west facing maisonettes. The design of the dwellings was very cramped and the nearest children’s play area was some considerable distance away. This application was almost identical to the scheme refused by the Area Planning Sub-Committee South in January 2015, this proposal would not meet the housing needs of local residents, and the applicant should revert to the 42 unit scheme first discussed by the Council Housebuilding Cabinet Committee at its meeting held on 17 April 2014.

 

A local Member for Grange Hill reminded the Committee that there were approximately 1,400 people on the Council’s Housing Waiting List, and it made sense to develop this scheme in Loughton as many applicants for this housing would want to stay in the Loughton area. The Assistant Director provided figures for the room sizes of the units and stated that they met the Homes & Communities Agency design standards; consequently, Officers felt that this was good quality housing.

 

A local Member for Loughton St Mary’s stated that privacy was very important for residents, and this development would overlook the residents in Torrington Drive. The Member also felt that the design was not suitable for the location. Amenity space was also very important for any development, and this particular development was not creating a good environment. When refusing the previous application for this site, Area Planning Sub-Committee South had given the developer a very clear steer regarding what would be acceptable for this site, but the revised application had demonstrated that the Members had been ignored. The Assistant Director added that the development was situated 25 metres away from Torrington Drive, and that each of the houses had garden amenity spaces to the rear.

 

The local Member for Lower Nazeing reminded the Committee that developments in Church Langley and Old Harlow had very similar designs and these worked very well for their communities. There was ample public transport available in the area with buses and trains and, ultimately, people would move to these dwellings if they so desired. The local Member for Chigwell Village felt that parking should not be debated for this application with the public car park nearby; it was the height of the blocks of flats that was the main issue with this application. The proposed way forward from Area Planning Sub-Committee South had been ignored, the blocks of flats should be reduced in height as previously requested and then the development could be built.

 

In response to a question regarding a Section 106 Agreement for the Torrington Drive off-street parking scheme, the Assistant Director stated that this had been the subject of a separate planning application for which permission had already been given. The Chairman felt that the District desperately needed Council housing and the application should be supported.

 

Following the vote by the Committee to grant planning permission for the development, subject to the addition of the four conditions concerning sustainable drainage at the site, five Members of the Committee stood up and requested that the application be referred to the Council for a final decision under the Minority Reference rules within the Constitution (Section 13, Paragraph (1), “Operational Standing Orders – Non-Executive Bodies” refers).

 

Resolved:

 

(1)        That a report be submitted to the Council recommending planning application EPF/1007/15 for the Land and Garages off Burton Road in Debden be granted planning permission subject to a Unilateral Undertaking in respect of a contribution of £16,720 towards healthcare provision in the locality and 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: 612/033/PL01/A, 612/033/PL02/B, 612/033/PL03/B, 612/033/PL04/G, 612/033/PL05/E, 612/033/PL06/J, 612/033/PL07/D, 612/033/PL08/E, 612/033/PL09/F, 612/033/PL10/G, 612/033/PL11/J, 612/033/PL12/B, 612/033/PL13/A, 612/033/PL14/A, 612/033/PL15/A, 612/033/PL16/D, 612/033/PL17/C, 612/033/PL18/D, 612/033/PL19/E and 612/033/PL20/C.

 

            3.         The development hereby approved shall be finished in accordance with the details indicated on drawing number 612/033/PL19/E, unless otherwise previously approved in writing by the Local Planning Authority.

 

            4.         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.

 

            5.         Prior to commencement of the above development a detailed drainage       strategy must be submitted for approval to the local authority. It should be      based on principles of sustainable drainage, in line with the approved surface water drainage statement Surface Water Drainage Statement July 2015 v.2           permitted by this planning permission. The detailed drainage scheme should             follow mitigation measures detailed within the FRA including:

·         Limiting the discharge from the site to 7l/s for all events up to the 1 in 100 year storm plus 30%.

·         Provide attenuation storage (including locations on layout plan) for all storm events up to and including the 1 in 100 year storm event inclusive of climate change and urban creep.

·         Ensuring the appropriate level of treatment for all runoff leaving the site, in line with table 3.3 of the CIRIA SuDS guide.

·         Provide information about exceedance routes should be provided to indicate what route flows would take should a feature become blocked and cause surface water flooding.

 

            The mitigation measures shall be fully implemented prior to occupation and           subsequently in accordance with the timing / phasing arrangements             embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

 

            6.         The development hereby permitted shall not be commenced until such      time as a scheme to minimise the risk of offsite flooding caused by surface         water run-off and groundwater during construction works has been submitted     to, and approved in writing by, the Local Planning Authority. The scheme shall       be implemented as approved.

 

            7.         Prior to commencement of the development the applicant must submit      a Maintenance Plan detailing the maintenance arrangements including who is    responsible for different elements of the surface water drainage system and the maintenance activities/frequencies.

 

            8.         The applicant must keep yearly Maintenance Logs of maintenance             which should be carried out in accordance with any approved Maintenance   Plan.

 

            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 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.]

 

            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.]

 

            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 sitemanagement 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.]

 

            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 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. 

 

            13.       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. 12). 

 

            14.       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.

 

            15.       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:

·         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;

·         The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

·         Measures to control the emission of dust and dirt during construction, including wheel washing; and

·         A scheme for recycling/disposing of waste resulting from demolition and construction works.

 

            16.       Prior to first occupation of the development hereby approved, those windows shown to be obscure glazed on drawing numbers 612/033/PL09/F, 612/033/PL10/G and 612/033/PL11/J shall be entirely fitted with obscured glass and have fixed frames to a height of 1.7 metres above the floor of the room in which the window is installed and shall be permanently retained in that condition.

 

            17.       Access to the areas of sedum flat roof system of Block C and Block D, identified on drawing numbers 612/033/PL10/G and 612/033/PL12/B, shall be for maintenance or emergency purposes only and those areas of flat roof shall not be used as a seating area, roof garden, terrace, patio or similar amenity area.

 

            18.       Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015 (or any other Order revoking, further amending or re-enacting that Order) no extensions, alterations to external materials, roof additions, porches or outbuildings with a volume in excess of 10 cubic metres generally permitted at dwelling houses by virtue of Classes A, B, D and E of Part 1 of Schedule 2 to the Order shall be undertaken without the prior written permission of the Local Planning Authority.