Agenda item

APPLICATION No:

EPF/1787/21

SITE ADDRESS:

Bushes

Wind Hill

Magdalen Laver

Ongar

CM5 0DS

PARISH:

Moreton, Bobbingworth and the Lavers

WARD:

Moreton and Fyfield

DESCRIPTION OF PROPOSAL:

Proposed alterations to existing buildings; provision of pool within courtyard; partial demolition of existing built form and in-line addition to enlarge existing ancillary residential annex; change of use of adjacent field to horse grazing.

DECISION:

Grant Permission (With 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 shall be carried out and retained strictly in accordance with the following approved plans: 2239; 2, 3, 4, 8a, 9, 10, 11a

3

Prior to preliminary ground works taking place, details of foul and surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details, and shall be provided on site prior to the first occupation and shall be retained for the lifetime of the development.

4

The extension hereby permitted shall only be used for purposes incidental to the residential use of the main dwelling, and shall not be used for any primary residential accommodation or commercial use.

5

No development shall take place until details of mitigation measures to show how the development will be constructed/adapted so as to provide sufficient air borne and structure borne sound insulation against internally/externally generated noise and vibration has been submitted to and approved in writing by the Local Planning Authority.

This sound insulation shall ensure that the levels of noise generated from the development; as measured within habitable rooms of the development shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am.

The report shall include all calculations and baseline data, and be set out so that the Local Planning Authority can fully audit the report and critically analyse the content and recommendations.

b) The mitigation measures as approved under this condition shall be implemented in their entirety prior to the commencement of the use or first occupation of the development and retained as such thereafter.

To maintain reasonable levels of protection for the occupiers of the development from external noise and in accordance with policies RP5A and DBE9 of the adopted Local Plan and Alterations and polices DM9 and DM21 of the Local Plan Submission Version 2017, and the NPPF 2021.

6

A) No work on any phase of the development (with the exception of demolition works where this is for the reason of making areas of the site available for site investigation), shall commence until an assessment of the risks posed by any contamination within that phase shall have been submitted to and approved in  writing by the Local Planning Authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of Potentially Contaminated Sites - Code of Practice and the Environment Agency's Guidelines for the Land Contamination: Risk Management (LCRM 2020) (or equivalent if replaced), and shall assess any contamination on the site, whether or not it originates on the site. The development shall only be carried out in accordance with the approved details unless the Local Planning Authority gives its written consent to any variation. The assessment shall include:

·       A survey of the extent, scale and nature of contamination;

·       An assessment of the potential risks to:

a)         human health;

b)         property (existing or proposed) including buildings, crops, livestock, pets, woodland, service lines and pipes;

c)         adjoining land;

d)         groundwater and surface waters;

e)         ecological systems; and

f)          archaeological sites and ancient monuments.

B)        If following the risk assessment unacceptable risks are identified from land affected by contamination in that phase, no work on any phase of the development shall take place, until a detailed land remediation scheme has been completed. The scheme will be submitted to and approved in writing by the local planning authority. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. (The remediation scheme shall be sufficiently detailed and thorough to ensure that after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990). The development shall only be carried out in accordance with the approved scheme. Following the completion of the remediation works and prior to the first occupation of the development, a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority)

7

The stables hereby approved shall be used for the stabling of a maximum of 2 horses at any one time.

8

The manure/mucking out heap associated with the stables hereby approved shall be a minimum of 30m from the boundary of any of the neighbouring residential properties.