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Agenda item
Planning Application EPF/2713/21 - Land at former Chimes Garden Centre, Old Nazeing Road, Nazeing EN10 6RJ
(Service Manager – Development Management) To consider the attached report for the erection of 14 dwellings (4 flats and 10 dwellings).
Minutes:
The Service Manager for Development Management, A Marx, presented a report for the Committee to consider the granting of planning permission for the erection of 14 dwellings – 4 flats and 10 houses – with associated parking and private amenity spaces, subject to the completion of a suitable Section 106 Legal Agreement. This application was originally considered at Area Planning Sub-Committee West at its meeting on 16 March 2022 with a recommendation to refuse planning permission. However, the Sub-Committee voted to grant planning permission for the application, subject to the completion of a legal agreement and, as this would represent a departure from planning policy, the application was referred to this Committee for a final decision.
A Marx stated that the application site related to the southern section of the former Garden Centre and was approximately 1.18 acres. To the south and east of the site was open Green Belt land, and the site itself was wholly within the Metropolitan Green Belt and the Lea Valley Regional Park. The site was accessed from Old Nazeing Road and was within a flood zone 2. The site currently had approval as an area of open managed space from a previously approved planning application for the northern section of the former Garden Centre. The proposed flats and houses would be 2.5 storeys in height, and would be laid out around two private drives off the access road. The design of the development was contemporary and similar in appearance to the dwellings being developed on the northern section of the former Garden Centre.
The Committee noted the summary of representations that had been received in relation to this application, and heard from the Parish Council and the Applicant’s Agent before proceeding to debate the application.
A Marx clarified the following points during the discussion:
· it would be conditioned for each dwelling to have a vehicle charging point;
· the site had been previously used as a landfill site for residential waste;
· the land contamination issues were resolved as part of the original planning application for the northern section of the former Garden Centre; and
· the Applicant was citing the affordable housing element and the decontamination necessary as very special circumstances for building on a site within the Metropolitan Green Belt.
Some members of the Committee felt that the original reasons for refusal at the Area Planning Sub-Committee West were valid, and had concerns about the loss of the previously approved open managed space. There were also concerns raised about the amount of affordable housing being offered, and about developing on a former landfill site that was considered unsuitable only six years ago. It was also highlighted that the site had not been identified in the Local Plan for additional housing, and there was no agreed Nazeing Neighbourhood Plan to consider this site against either. Doubt was also cast upon whether the very special circumstances which had been put forward to justify development within the Metropolitan Green Belt were actually very special circumstances.
However, other members of the Committee felt that this application was providing for less houses than previously approved applications on the site which had not been developed, the site itself was very untidy, and numerous businesses had failed on the site. The site had been previously developed and was not open land within the Metropolitan Green Belt. It was highlighted that the Parish Council had no objection to the application provided road warnings were installed for the access road, and that Area Planning Sub-Committee West had voted unanimously to approve the application.
Decision:
(1) That planning application EPF/2713/21 for Land at the former Chimes Garden Centre in Old Nazeing Road, Nazeing be granted planning permission subject to:
(a) the completion of a Section 106 Legal Agreement to secure appropriate financial contributions towards:
(i)) the provision of four units of affordable housing within the development site in partnership with an approved provider;
(ii) a late stage affordable housing viability review mechanism;
(iii) contributions to mitigate the development’s impact on early years and childcare provision (£15,680), primary education (£45,843) and libraries (£1089.20);
(iv) a contribution to air quality mitigation impacts comprising contribution of £335 per dwelling; and
(v) payment of 5% of the total financial contribution monitoring fee; and
(b) the following planning conditions:
1…The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2…The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans:
Drawing 17171-P-001 - Existing location - Phase 2
Drawing 17171-P-002 Rev A - Proposed site layout
Drawing 17171-P-003 Rev A - Proposed layout
Drawing 17171-P-004 Rev A - Type C house - plots 36, 39, 40, 46 and 47
Drawing 17171-P-005 Rev A - Type D house - plots 35, 37 and 38
Drawing 17171-P-006 Rev A – Type H1 apartments
Drawing 17171-P-007 - Type K house - plots 34 and 35
Flood Risk Assessment and Sustainable Drainage Strategy, MTC, December 2019
Highways Technical Note No 2, SCP, 6 April 2020 (Net Traffic Impact)
Preliminary Ecological Assessment, ASW Ecology, December 2019
Gas Risk Assessment, epg, May 2018
Covering Letter, G & J Geo-Environmental, 15th November 2019
Additional Ground Investigation Works, Interpretative Report, G & J Geo-Environmental, May 2018
Environmental Interpretative Report, G & J Geo-Environmental, September 2017
Ground Investigation Factual Report, G & J Geo-Environmental, September 2017
Remediation Strategy, G & J Geo-Environmental, August 2019
Geotechnical Interpretative Report, Maund Geo-Consulting, 28 July 2017
Arboricultural Report Phase 2, Andrew Day, 12th November 2021, Rev 2.
Planning, Design & Access Statement, pps, September 2021
Addendum to Planning Statement, 1 February 2022
Tree Protection Plan, Andrew Day, 12th November 2021
Tree Protection Plan, Andrew Day, 8th December 2019
Toolkit Viability Assessment, Savills, October 2021.
3…Prior to any above ground works, documentary and photographic details of the type and colours of the external finishes of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
4…Prior to preliminary ground works taking place, details of 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.
5…The development be carried out in accordance with the flood risk assessment (FRA Phase 2, Ref 1333, December 2019) submitted with the application unless otherwise agreed in writing with the Local Planning Authority.
6…Prior to commencement of development, details of flood mitigation measures shall be submitted to and approved by the LPA. These details are to be clearly set out in a statement, alongside a sound Flood Evacuation Plan that includes details of access and egress. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with approved details.
7…(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:
(1) a survey of the extent, scale and nature of contamination; and
(2) an assessment of the potential risks to: human health; property (existing or proposed) including buildings, crops, livestock, pets, woodland, service lines and pipes; adjoining land; groundwater and surface waters; ecological systems; and archaeological sites and ancient monuments.
7…(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.
8…If any tree, shrub or hedge shown to be retained in the submitted Arboricultural reports is removed, uprooted or destroyed, 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. 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.
9…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. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of the building or completion of the development, whichever is the sooner. 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.
10…Tree protection shall be installed as shown on Andrew Day Arboricultural Consutancy Ltd 'Tree Protection Plan' – revision 1 (dated 12th November 2021) prior to the commencement of development activities (including any demolition). The methodology for development (including Arboricultural supervision) shall be undertaken in accordance with the submitted Tree Survey/ Arboricultural Method Statement reports.
11…Prior to the first occupation of the development the vehicle parking and turning areas as indicated on the approved plans shall be provided, hard surfaced, sealed and marked out. The parking and turning areas shall be retained in perpetuity for their intended purpose.
12…Prior to first occupation of the proposed development, the Developer shall be responsible for the provision and implementation 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.
13…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.
14…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.
15…Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 1995 (or of any equivalent provision in any Statutory Instrument revoking or re-enacting that Order), the garages and car ports hereby approved shall be retained so that it is capable of allowing the parking of cars together with any ancillary storage in connection with the residential use of the site, and shall at no time be converted into a room or used for any other purpose.
16…No development shall commence until a scheme to enhance the nature conservation interest of the site has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented in full prior to the occupation of the development hereby approved.
17…Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point for each dwelling that has a garage or allocated parking space and 1 Electric Vehicle Charging Point for every 10 properties that share unallocated parking shall be installed and retained thereafter for use by the occupants of the site.
18…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) tree protection measures.
19…No deliveries, external running of plant and equipment or demolition and construction works, other than internal works not audible outside the site boundary, shall take place on the site other than between the hours of 07:30 to 18:00 on Monday to Friday and 08:00 to 13:00 on Saturday and not at all on Sundays, Public or Bank Holidays.
20…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 development generally permitted by virtue of Class A, B, D, E, F of Part1, and Class A and B of Part 2 of Schedule 2 to the Order shall be undertaken without the prior written permission of the Local Planning Authority.
Supporting documents:
- EPF-2713-21 Former Chimes Garden Centre Map, item 65. PDF 33 KB
- EPF-2713-21 Former Chimes Garden Centre Rpt, item 65. PDF 479 KB