Agenda item

To consider the attached report.

The Assistant Director (Development Management) presented a report with regard to the proposed demolition of an existing barn at Tutein Farm, Grove Lane, Chigwell and the construction of four residential dwellings, two five-bedroom detached houses and two four-bedroom detached houses.

Members noted that consideration of the application was before the District Development Management Committee because Area Plans Sub-Committee South had agreed at its meeting on 11 June 2018 that it be referred to the Committee for determination, after an equal number of members had voted for and against the development proposal.

The Assistant Director (Development Management) reported that the application site had an area of 0.28 hectares and included the existing access road from Grove Cottages. Members noted that the site was occupied by a large barn building and that the remainder of the site was largely lain to lawn with trees and hedges aligning the southern and western perimeters, with the northern and eastern boundaries being demarcated by a wooden picket fence. The Assistant Director (Development Management) indicated that a chalet style house also owned by the applicant adjoined the site, which had already planning permission for an annexe building to be built close to eastern boundary of the application site. Members were advised that further east was the Grade II listed Millers Farmhouse and that there were open fields to the north, west and south of the site. The Assistant Director (Development Management) reported that the agricultural barn was used to store animal feed, hay and wood chippings and to distribute and sell such products to nearby stables and equestrian businesses. Members noted that, prior to such use, the barn had been utilised as a cattle barn and that the site was within land designated as Green Belt.

The Assistant Director (Development Management) reported that each proposed  dwelling unit would have two parking spaces each and that the proposed development would increase the volume of solid built form on the site by of 3.6% and that the height of the proposed buildings would rise from a maximum of 6.8m to 8m. Members were advised that, as the intensity of use on the site would also increase, the proposal was, by definition, inappropriate development in the Green Belt.

The Committee was advised that Paragraph 87 of the National Planning Policy Framework (NPPF) provided that inappropriate development was, by definition, harmful to the Green Belt and that it would need to be demonstrated that there were very special circumstances to clearly outweigh the harm to the Green Belt as a result of inappropriateness of the development and all other harms. The Assistant Director (Development Management) indicated that the percentage increase in size was comparatively small and that a reduction in the size of the scheme would not materially reduce its impact. Members noted that, furthermore, the units were to be positioned in a more southerly position in comparison to the existing barn, which would move the built form away nearer to existing buildings surrounding the site and as a consequence increase its separation from the open fields and London Loop route to the north of the site.

The Assistant Director (Development Management) advised the Committee that all of the proposed units had a high standard of design and would make a positive contribution to the character and appearance of the locality and the supply of good quality housing within the District in such a sustainable location. Members were advised that it was considered that there was sufficient public benefit to clearly outweigh the harm resulting from the additional solid built form and the consequent loss of openness, subject to a pre-commencement conditions requiring further details and method statements in relation to soft landscaping on the site and that the application was therefore recommended for approval, subject to a number of conditions.

The Committee was advised that, as the proposed development would create new residential units within a distance of 6.2km of the Epping Forest Special Area of Conservation, policies DM2(C) and DM22 of the Submission Version of the Epping Forest District Local Plan required that any permission be subject to a financial contribution to towards access management and monitoring of visitors to Epping Forest in order to mitigate against the harmful impacts of development on air quality and biodiversity within the Forest. The Assistant Director (Development Management) advised members that the amount of such contribution had not currently been agreed.

RESOLVED:

That planning permission for the proposed demolition of an existing barn at Tutein Farm, Grove Lane, Chigwell and the construction of four residential dwellings, two five-bedroom detached houses and two four-bedroom detached houses be granted, subject to the completion within six months of a Section 106 Agreement to secure appropriate financial contributions towards: (a) access management and monitoring of visitors to the Epping Forest Special Area of Conservation (SAC); (b) mitigation of air pollution in the vicinity of the Epping Forest SAC; and 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 no’s: 882.008.00, 782 004.01, dapa_782_200_03, dapa_782_201_03, dapa_782_203_03, Flood risk and SuDS Statement by Ardent report ref: 180110 - 01A February 2018, Ecological Assessment by Ethos Environmental Planning Feb 2018, 17-602/1, Arboricultural Impact Assessment Report dated 26/1/18 re SHA 613 by Sharon Hosegood Associates, dapa_782_601.03 Design and Access Statement dated 15 May 2018 on EFDC Planning Database;

(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 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;

(5)       The development shall not be commenced until details of the treatment of all boundaries including drawings of any gates, fences, walls or other means of enclosure have been submitted to and approved in writing by the local planning authority. The details shall include a low level traditional picket type fence on the northern (rear) boundary of the site and the height, species and size of hedges to be installed on the side flank of each dwelling. The approved boundary treatments shall be completed prior to the first occupation of the development and shall thereafter be permanently retained and maintained;

(6)       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;

(7)       If any tree, shrub or hedge shown to be retained in accordance with the approved arboricultural reports is removed, uprooted or destroyed, or dies, or becomes severely damaged or diseased within 3 years of the completion of the development, another tree, shrub or hedge of the same size and species shall be planted within 3 months at the same place, unless the Local Planning Authority gives its written consent to any variation. If within a period of five years from the date of planting any replacement tree, shrub or hedge is removed, uprooted or destroyed, or dies or becomes seriously damaged or defective another tree, shrub or hedge of the same species and size as that originally planted shall, within 3 months, be planted at the same place;

(8)       No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan Arboricultural Method Statement and site monitoring schedule in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction - recommendations) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved documents unless the Local Planning Authority gives its written consent to any variation;

(9)       The development shall be carried out in accordance with the flood risk assessment (Ardent Consulting, Ref 180110-01A February 2018) submitted with the application unless otherwise agreed in writing with the Local Planning Authority. 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;

(10)    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;

(11)    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];

(12)    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];

(13)    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];

(14)    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;

(15)    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;

(16)    Prior to the first occupation of the units hereby approved, One IFR Schwegler Bat Tube shall be installed on the wall of either the western or southern elevation of each residential unit. These tubes shall be a minimum of 3 metres high. In addition and at the same time, bat access tile sets shall be installed on the roof of each dwelling at either the southern or western elevation. These items shall then be permanently maintained as such thereafter;

(17)    This permission shall not be implemented unless and until the recommendations set out in section 10 of the Ecological Assessment by Ethos Environmental Planning February 2018 has been fully undertaken and these mitigation measures shall be maintained for the duration of the use;

(18)    Prior to the first occupation of the development the access arrangements, vehicle parking and turning areas as indicated on the approved plans shall be provided, hard surfaced, sealed and marked out. The access, parking and turning areas shall be retained in perpetuity for their intended purpose;

(19)    An electric vehicle charging point shall be provided for each of the approved dwellings prior to first occupation;

(20)    Prior to first occupation measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day;

(21)    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, roof enlargements or outbuildings exceeding a volume of 10 cubic metres generally permitted by virtue of Classes A, B and E of Part 1 of Schedule 2 to the Order shall be undertaken without the prior written permission of the Local Planning Authority;

(22)    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; and

(23)    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.