Agenda item

APPLICATION No:

EPF/2932/20

SITE ADDRESS:

Stoneshot Farm

Hoe Lane

Nazeing

Waltham Abbey

EN9 2RN

PARISH:

Nazeing

WARD:

Lower Nazeing

APPLICANT:

Mr Oliver Myrants-Wilson

DESCRIPTION OF PROPOSAL:

Application for Variation of Condition 2 `Plan numbers' of EPF/3500/17 allowed on appeal (Demolition of existing industrial buildings, vacant stabling & 5 bedroom residential apartment and construction of x18 no. semi-detached family houses and x18 no. 'affordable houses' with associated off-street parking, private gardens & landscaping).

RECOMMENDED DECISION:

Grant Permission (Subject to Legal Agreement)

1

 The development hereby permitted shall begin not later than 15.03.2022.  

2

The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans: F126/20/S73/PL; 10.01, 10.02, 10.03, 10.04, 20.01, 20.02, 20.03, 30.01, 30.02, 30.03, 30.04, 30.05, 30.06, 1000, 1001, 2000, 2001

3

No construction works above ground level shall take place until samples of the types and colours of the external facing materials have been submitted to and approved by the local planning authority in writing prior to the commencement of the development. 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

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.

6

Notwithstanding the provisions of the Town and Country Planning General Permitted Development 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 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.

7

Prior to any lighting being installed along the road leading to the new development, a detailed lighting scheme following the Bat Conservation Trusts guidelines shall be submitted to and approved in writing by the local planning authority. Any lighting thereafter installed shall be in accordance with the approved details.

8

Prior to any work being done to trees along the road leading to the new development, an updated bat survey of these trees shall be submitted to and approved in writing by the local planning authority. Any further surveys, licenses or mitigation recommended by this survey shall also be undertaken and shall be submitted to and approved in writing by the local planning authority prior to the commencement of any works to the trees.  

9

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 an 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.  

10

No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan and Arboricultural Method Statement in accordance with BS:5837:2005 (Trees in relation to construction) has been submitted to the local planning authority and approved in writing. The development shall be carried out only in accordance with the approved Tree Protection Plan and Arboricultural Method Statement unless the local planning authority gives its written consent to any variation.  

11

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.

12

A flood risk assessment and management and maintenance plan shall be submitted to and approved 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 practice tool. 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.

13

No development shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved by the local planning authority:

a) A site investigation scheme based on the Phase 1 Desktop Study report (Herts and Essex Site Investigations September 2013) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

b) The results of the site investigation and detailed risk assessment referred to in (a) and based on these, an options appraisal and remediation strategy giving full details of the remediation measures.

c) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (b) are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

14

No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and effectiveness of the remediation shall be submitted to and approved in writing by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.  

15

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.  

16

Should the Phase 1 Land Contamination preliminary risk assessment carried out under condition 15 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 in writing 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.  

17

Should Land Contamination Remediation Works be identified as necessary under condition 16, 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.  

18

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 approve monitoring and maintenance programme shall be implemented.  

19

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.  

20

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 1830 hours Monday to Friday and 0800 to 1300 hours on Saturday and at no time during Sundays or Public/bank holidays unless otherwise agreed in writing by the local planning authority.  

21

An electric vehicle charging point shall be provided for each of the approved dwellings prior to first occupation.  

22

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.  

23

Prior to first occupation of the dwellings hereby approved a biodiversity enhancement plan shall be submitted to and agreed in writing by the local planning authority. This should include the recommendations in the Ecology report dated December 2017 by Applied Ecology Ltd and include bird and bat boxes.  

24

No removal of hedgerows, trees or shrubs or works to or demolition of buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active bird nests immediately before the vegetation is cleared/demolition is started 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. As such written confirmation shall be submitted to and approved in writing by the local planning authority.