Agenda item

(Service Manager – Development Management) To consider the attached report for the demolition of the existing bungalow and erection of three flats.

The Planning Officer, C Ahmet, presented a report for the demolition of the existing bungalow at 48 Russell Road in Buckhurst Hill and construction of a block of three flats over three floors. Car parking for each flat along with bin and cycle storage would be located in the front forecourt.

 

The Committee noted that it had previously considered this application at its meeting held in August 2018, when it was resolved to grant planning permission, subject to conditions and the completion of a legal agreement to secure mitigating measures in relation to the Epping Forest Special Area of Conservation (EFSAC). This application was before the Committee again as some new material facts and considerations had been identified in line with section 70(2) of the Town and Country Planning Act 1990.

 

C Ahmet informed the Committee that the site currently comprised a large single storey detached dwelling on a hillside location. It was flanked by three-storey terraced houses and two-storey semi-detached dwellings. Russell Road was a mixture of dwelling types and styles, and although within an urban area, it was not listed or within a conservation area. One of the neighbouring properties had been extended to the side, but this was unlawful and was currently the subject of enforcement action.

 

Planning Officers had concluded that the application would provide a well-designed residential scheme that made good use of an existing urban site. The proposed design was acceptable in terms of its scale, bulk and mass, and relationship with neighbouring buildings as well as the impacts on neighbouring amenities. The proposed development would not cause harm to highway safety and the level of parking close to local services and local public transport modes was acceptable. Overall, the proposal complied with the aims and objectives of national planning guidance and the relevant policies contained within the adopted Combined Local Plan and Alterations 2006 and the Submission Version Local Plan 2017.

 

The Committee noted the summary of representations that had been received in relation to this application, and the Committee heard from an objector and the applicant before proceeding to debate the Application.

 

Cllr S Heap queried that numbers 44 and 46 Russell Road appeared to have moved a metre away from the road in comparison to the original planning application in 2018. The drawing submitted as part of this application showed the building at number 46 to be level with the front of the existing bungalow. However, the drawings submitted in 2018 showed the same building to be forward of the existing bungalow, and therefore these drawings were different. A Marx double-checked the drawings in relation to this application and agreed that in the ‘red line drawing’ (which identified the extent of the site) the houses appeared to be slightly forward. There were occasionally slight discrepancies between the ‘red line drawing’ and the drawings submitted by the applicant, but the Committee were advised to consider the drawings submitted by the applicant which showed that numbers 44 and 46 were more in line with each other and not set forward. Cllr Heap felt that a one metre difference was not a slight discrepancy, and that the drawings could not be relied upon.

 

Cllr H Kauffman was also concerned that the Committee did not have an absolute verified view of this application which could be relied upon, as different images had been submitted by the applicant and the objector to demonstrate their case. Consequently, it was a little unclear exactly what the facts were in this instance. However, the Chairman reminded the Committee that the Council’s Planning Officers would have made multiple visits to the site, would have checked the plans submitted for the application, and assessed it against current planning policy and legislation. Extensive plans and drawings in relation to this application were available to view on the Council’s Planning Portal. A Marx highlighted that it was not unusual for plans and drawings to have slight discrepancies, but confirmed that Planning Officers would have assessed the plans and drawings submitted formally as part of the application.

 

Some members of the Committee felt that there were no sound planning reasons to reverse the original decision made by the Committee in 2018, and the design actually made the proposed block of flats look like a large house. It was also noted that Buckhurst Hill had a number of large town houses so this proposal would not look out of place within the settlement.

 

Cllr C C Pond felt that the site was only 400 metres away from the EFSAC, and that fact alone warranted the application to be reconsidered by the Committee especially as an application in Chigwell had been refused permission in relation to the EFSAC, and that site was further away than this site. A Marx clarified that any reasons for refusal in relation to the EFSAC were listed if the applicant had failed to agree a legal agreement with the Council with measures to mitigate the potential harm.

 

Cllr S Heap was concerned about the loss of a bungalow, and felt that a block of flats was too big and incongruous for Russell Road. However, it was pointed out that a ground floor flat was similar to a bungalow, and that other buildings within the District had been converted into apartments and town houses. C Ahmet reminded the Committee that the loss of this bungalow would not set a precedent and that each planning application was always judged on its own merits. The ground floor flat could easily be converted to special accommodation and a lift shaft was included in the plans.

 

Cllr H Kauffman felt that the proposed building was too large and overbearing for its site, the roof height would be demonstrably higher than the current building and it would have an adverse impact on number 46. Again, the Councillor expressed his concerns about the information put before the Committee for an application that was clearly contentious, as the objectors were claiming that the submitted drawings could not be relied upon.

 

Decision:

 

(1)        That planning application EPF/0826/18 at 48 Russell Road in Buckhurst Hill be granted planning permission, subject to:

 

(a)        the completion, within 6 months, of a Section 106 Legal Agreement to secure appropriate financial contributions towards:

 

(i)         access management and monitoring of visitors to the Epping Forest Special Area of Conservation (EFSAC); and

 

(ii)        mitigation of air pollution in the vicinity of the EFSAC; and

 

(b)        the following planning 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:

 

318-PL-11 Rev A - Site & Location Plans

318-PL-12 Rev A - Proposed & Existing Street Elevation

318-PL-13 Rev A – Proposed Ground Floor Plan

318-PL-14 Rev A – Proposed Lower Ground & First Floor Plans

318-PL-15 Rev A – Proposed Second Floor & Roof Plans

318-PL-16 Rev A – Proposed Elevations

318-PL-17 – Proposed & Existing Section A-A

318-EX-01 Rev A – Existing Lower Ground & Ground Floor Plans

318-EX-02 Rev A – Existing Roof Plan

318-EX-03 Rev A – Existing Elevations

 

Supporting Documents:

Tree Constraints Plan CA/RUS/01 Rev A

 

3…No construction works above ground level shall have taken 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, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

 

4…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.

 

5…No development, including works of demolition or site clearance, shall take place until foundation details have been submitted to the Local Planning Authority and approved in writing. The foundations shall consist of piles and an above ground beam design. Drawings submitted shall include cross sectional detail of pile and beam join and the location of piles in plan from. 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.

 

6…Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be 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…No services shall be installed within the root protection area of the retained trees on or adjacent to the site unless the Local Planning Authority gives its prior written approval.

 

8…The lift shown on the approved plans shall be provided as part of the construction of the approved building and completed prior to first occupation and maintained thereafter.

 

9…The proposed use of this site has been identified as being particularly vulnerable if land contamination is present, despite no specific former potentially contaminating uses having been identified for this site. Should any discoloured or odorous soils be encountered during development works or should any hazardous materials or significant quantities of non-soil forming materials be found, then all evelopment works should be stopped, the local planning authority contacted and a scheme to investigate the risks and/or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the local planning authority prior to the recommencement of development works. In such instances, following the completion of development works and prior to the first occupation of the site, sufficient information must be submitted to demonstrate that any required remedial measures were satisfactorily implemented or confirmation provided that no unexpected contamination was encountered.

 

10…Prior to any above groundworks, details and location of the parking spaces (including garages) equipped with active and/or passive Electric Vehicle Charging Point(s) shall have been submitted to and approved in writing with the Local Planning Authority (LPA), unless otherwise agreed in writing with the LPA. The installation of EVCP shall be completed in accordance with the approved details and made operational prior to first occupation. The details shall include:

 

- Location of active and passive charging infrastructure; 

- Specification of charging equipment; and

- Operation/management strategy. The council will expect that a management plan for the charging points is set out clearly. This will address:

 

(a) which parking bays will have active and/or passive charging provision, including disabled parking bays; 

(b) how charging point usage will be charged amongst users; 

(c) the process and the triggers for identifying when additional passive charging points will become activated; and

(d) electricity supply availability. The electricity supply should be already confirmed by the Network Provider so that the supply does not need to be upgraded at a later date. 

 

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

 

12…Prior to first occupation of the development, a scheme to enhance the ecological value of the site shall be submitted to and agreed in writing by the Local Planning Authority. The ecological value shall be quantified using the Biodiversity Impact Assessment Calculator (BIAC) where appropriate. The scheme shall be implemented in full prior to the occupation of the development hereby approved.

 

13…Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed and utilised to clean vehicles immediately before leaving the site. Any mud or other material deposited on nearby roads as a result of the development shall be removed.

 

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…If any tree, shrub or hedge shown to be retained in the submitted Arboricultural reports is removed, uprooted or destroyed, or dies, or becomes severely damaged or diseased during development activities or 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.

 

16…No construction works above ground level shall take place until the documentary and photographic details showing the fenestration to be completed in timber have been submitted to and approved by the Local Planning Authority, in writing. The development shall be implemented in accordance with such approved details.