Agenda item

(Director of Governance) To consider the attached report for the outline consent  for the demolition of the existing tree/plant Nursery and the erection of up to 36 dwellings, of which 15 will be affordable units (DEV-021-2015/16).

The Principal Planning Officer presented a report for the demolition of the existing Nursery and the erection of up to 36 dwellings, 15 of which would be affordable units, at Pyrles Lane Nursery in Loughton. This was an application for outline planning consent and was before the Committee as it was considered a ‘major’ application where the Council was the land owner.

 

The Principal Planning Officer stated that the application site was triangular in shape with a narrow access road onto Pyrles Lane, and was located between Pyrles Lane, Hillyfields and the Hillyfields open space recreation area. The site was approximately 1 hectare in size, and was used by the District Council as a nursery site/grounds maintenance depot with various glasshouses, portacabins and parking areas. Part of the site had been designated for allotment use but this had not happened for some time. There was a footpath adjacent to the site which linked Pyrles Lane and Hillyfields, but the site was not within the metropolitan Green Belt or a Conservation Area.

 

The Principal Planning Officer reported that the application was a revised proposal following the refusal of an earlier application in 2013. The application sought permission to demolish the existing nursery and depot site and erect 36 dwellings, a mixture of flats and houses, of which 15 would be affordable units. The application also included associated landscaping, parking and infrastructure. The revisions to the scheme included the provision of a wider access road, a reduction in the amount of accommodation provided, and an increase in parking spaces to 75. The maximum height of the proposed flats was 12.5 metres and 12 metres for the town houses. This was an outline application with all matters reserved, but the highways access had been detailed and the application included a revised Transport Assessment, Ecological report and Drainage report.

 

The Principal Planning Officer informed the Committee of some revisions to the published planning conditions. Condition 35 should read two years, not three years, for the development to commence from the date of the ecological study. In addition, there was an additional condition (36) to make the existing footpath hard surfaced along the whole length for use by residents.

 

Planning Officers had concluded that the reasons for refusal for the previous application on the grounds of highway safety and parking provision had been carefully addressed in this application. Consequently, it was recommended that outline planning permission be granted.

 

The Committee noted the summary of representations received in relation to this application. There had been 49 letters of objection received, including from Loughton Town Council and the Loughton Residents Association. The Highways Authority had no objections on policy or safety grounds to the proposed access road, and the District Council’s Building Control section had confirmed that the proposed access road was wider than the minimum recommended for the access of Fire vehicles. A number of different agencies had no objections subject to the provision of standard conditions relating to trees, drainage, contamination, ecology, infrastructure and archaeology. The Committee heard from an Objector before proceeding to debate the application.

 

Cllr Wixley, who was the ward Member, was aware of the feelings of residents who backed onto this site and was concerned about the impact of this application on neighbouring properties, as 36 new dwellings seemed a high figure. It was also highlighted that the open space belonged to Loughton Town Council and that the Council should discuss further the proposal with the Town Council. Cllr Wixley welcomed the provision of additional parking spaces. Cllr Jennings suggested that the proposed dwellings at the north of the site could be moved a bit further away from the existing houses.

 

The Principal Planning Officer responded that the plan was indicative and the Committee was not approving the final layout. There appeared to be a 4 metre gap between the nearest new dwelling and existing garden but this issue could be dealt with when the final application was received. The existing footpath was not owned by Loughton Town Council and it was only intended to hard surface the existing pathway.

 

Cllr Pond was also very concerned about the relative proximity of the proposed flats to the houses in Pyrles Lane, with the possibility of overlooking, and felt that the reserved matters needed to come before the Committee. Cllr Pond also highlighted that the land had been compulsory purchased in 1948 for use by permanent allotments and small holdings. Some small holdings were still in existence, so the land was allotment land and the Council would need to make an application to the Secretary of State to release this land for development. Allotment land was also protected under the Local Plan, and the Member would oppose this application as contrary to the Local Plan.

 

The Principal Planning Officer reassured the Committee that Officers did not have delegated powers to determine the reserved matters for this application, so it would be submitted to the Committee for determination. If planning permission was eventually granted for this application then any other necessary consents and permissions would still need to be obtained before any construction work could begin. The Council would have to obtain legal advice regarding whether an application to the Secretary of State was required.

 

Cllr Philip felt that the reasons for the refusal of the previous application had been dealt with, this development was not within the metropolitan Green Belt and not overly dense, and therefore would support it. Cllr Brady felt that this was a good site to develop as it was a redundant nursery and enclosed on three sides by existing housing, and the proposed blocks of flats were only three storeys in height. There had been no objections from the Highways Authority and the Member would support the application. Cllr Mohindra highlighted that if the land was sold to a developer then it was likely that the Committee would be considering a planning application for more than 36 dwellings.

 

The Principal Planning Officer confirmed that the layout, scale, appearance and landscaping were all reserved matters, as detailed in the second planning condition. The Officer also clarified that condition 22 dealt with the reinstatement of the parking lay-by to the south of the access to the footpath, and the access road would be sufficiently wide enough for two vehicles to pass each other.

 

Cllr Pond proposed that the application be refused on the grounds of non-compliance with the Council’s Local Plan, seconded by Cllr Wixley, but this proposal was defeated.

 

Resolved:

 

(1)        That outline planning permission is granted subject to the following conditions:

 

1.         The  development  hereby  permitted shall be commenced before the          expiration of three years from the date of this permission or two years from  the  approval  of  the last of the reserved matters as defined in         condition 2 below, whichever is the later.

 

            2.         (a)        Details  of  the  reserved matters  set  out below ("the reserved                                matters") shall be submitted to the Local Planning Authority for                                    approval within three years from the date of this permission:

                                    (i)         layout;

                                    (ii)        scale;

                                    (iii)       appearance;

                                    (iv))      access; and

                                    (v)        landscaping.

 

                        (b)        The reserved matters shall be carried out as approved.

 

(c)        Approval of all reserved matters shall be obtained from the               Local Planning Authority in writing before any development is                   commenced.

 

3.         The   development  hereby  permitted  will  be  completed  strictly  in            accordance  with  the  approved  drawings nos: TS DIAGRAM 3 Rev G, 1035/Additional/1.0 Rev A and a site location plan.

 

4.         No development shall take place, including works of demolition or site          clearance,  until  an  Arboricultural Implication Assessment and Tree         Constraint  plan, concurrently with the detailed site layout, has been   submitted  to  and  approved  in writing by the Local Planning Authority. This  should be drawn up in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction -     recommendations).

 

5.         A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

 

6.         No development shall take place until a schedule of landscape         maintenance for a minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. The landscape maintenance plan shall be carried out in accordance with the approved schedule.

 

7.         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 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.

 

8.         A flood risk assessment and management and maintenance plan shall         be submitted to and approved in writing by the Local Planning Authority prior       to commencement of development. The assessment shall include calculations of increased run-off and associated volume of storm detention using WinDes or other similar best practice tools. The approved measures shall be carried out prior to the substantial completion of the development and shall be   adequately maintained in accordance with the management and maintenance plan.

 

9.         No works shall take place until a detailed surface water drainage      scheme for the site, based on sustainable drainage principles and an           assessment of the hydrological and hydro geological context of the   development, has been submitted to and approved in writing by the local     planning authority. The scheme shall subsequently be implemented prior to occupation. This should include:

·                 limiting discharge rate to the 1 in 1 greenfield rate

·                 providing the associated attenuation storage and providing an allowance for climate change and urban creep for the lifetime of the development.

·                 Providing treatment in line with the CIRIA SuDS manual (C753).

 

10.       No works shall take place until a scheme to minimise the risk of offsite         flooding caused by surface water run-off and ground water during construction works has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.

 

11.       No works shall take place until 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, has been submitted to and agreed, in writing, by the Local Planning Authority.

 

12.       The applicant or any successor in title must maintain yearly logs of   maintenance which should be carried out in accordance with the approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

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, ground waters 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, ground waters 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.       No development or preliminary groundworks 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 by the applicant and approved in writing by the Local Planning Authority.

 

19.       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.

 

20.       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 hoarding including decorative displays and facilities for public viewing, where appropriate;

            5.         measures to control the emission of dust and dirt during construction, including wheel washing;

            6.         a scheme for recycling/disposing of waste resulting from demolition and construction works; and

            7.         safe access into the site.

 

21.      No bonfires shall be permitted on site throughout the demolition and construction phase of the development.

 

22.       Prior to first occupation of the development the access arrangements and associated highway works, as shown in principle on drawing no. TS Diagram 3 Rev G, shall be implemented with all details being agreed with the Highway Authority, to include, but not limited to, the following:

·                  a bellmouth access with minimum radii of 6m;

·                  provision of visibility splays clear to ground level of 2.4m x 40m to the north and 2.4m x 38m to the south;

·                  provision of pedestrian dropped kerb crossing points across the bellmouth with appropriate tactile paving;

·                  the reinstatement of the parking layby to the south of the access to footway, with the possible provision of bollards;

·                  provision of parking restrictions around the new bellmouth access to keep the visibility splays clear onto Pyrles Lane; and

·                  provision of a minimum carriageway width of 4.3m into the site.

 

23.       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, approved by Essex County Council, to include six one-day travel vouchers for use with the relevant local public transport operator.

 

24.       Prior to first occupation of the development a Size 3 turning head shall be provided within the site and maintained as such in perpetuity.

 

25.       The number of parking spaces and how these are laid out (including dimensions) shall be in accordance with the Parking Standards Design and Good Practice Guide Supplementary Planning Guidance Document September 2009 unless otherwise agreed by the Local Planning Authority. This applies to all vehicular parking spaces including disabled requirements together with cycle parking and facilities for powered two wheelers and garages that are considered as parking spaces.

 

26.       The public’s rights and ease of passage over public footpath no.110 Loughton shall be maintained free and unobstructed at all times.

 

27.       No development hereby approved shall take place until measures to enable the provision of education improvements to the local area, necessitated by this development, are secured.

 

28.       The development hereby approved shall not take place until measures to secure the provision of a minimum of 40% of the total number of units to be affordable housing are in place by means of a legal undertaking with the Local Planning Authority to an agreed tenure mix, development mix, form of affordable housing and delivered by one of the Council's Preferred Housing Association partners in accordance with the Required Terms for Affordable Housing attached as informative No. 4 to this decision notice. 

 

29.       The development hereby approved shall not be commenced until details of the hard surfacing of footpath number 110, linking Pyrles Lane, Millennium Park and Hillyfields, have been submitted to and approved by the Local Planning Authority. Once approved, these details shall be implemented in full before any of the residential units are first occupied.

 

 

30.       A water supply to the adjoining site, shown as “Allotment Gardens” on drawing number 2, shall be provided and retained during the period of demolition and construction, and retained permanently thereafter once the development is occupied. Details of this provision shall be submitted to and approved by the Local Planning Authority before any works commence on site. 

 

31.       No removal of vegetation shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site.  Any such written confirmation should be submitted to and agreed by the Local Planning Authority. 

 

32.       Three of the mature trees located within the survey area were identified with high bat roost potential. Current plans show that these trees will be retained within the development.  These trees shall be protected during the development to ensure there are no negative impacts as a result of increased noise, dust and vibration in the vicinity of the trees.

 

33.       A lighting plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. Lighting for the final development and during construction shall be designed to avoid potential impact on bats. No additional lighting should be erected close to or directed towards the retained trees either in the final development or during construction. Guidelines from the Bat Conservation Trust shall be followed.

 

34.       Prior to the removal, the compost heaps and other suitable features that may provide suitable habitat for reptiles shall be searched in the presence of an ecologist at a suitable time of year. Any measures recommended for the protection of reptiles shall be implemented in full. 

 

35.       Prior to commencement of development, details of bird and bat boxes shall be submitted to and approved by the Local Planning Authority and implemented in accordance with such agreed details. 

 

36.       If the development does not commence within two years from the date of the ecological survey (September 2014), a further Phase 1 ecological survey shall be submitted to the Local Planning Authority for approval. Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the original scheme, amended measures, and a timetable for their implementation, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.