Agenda item

Application Ref:

EPF/0726/22

Application Type:

Full planning permission

Case Officer:

Ian Ansell

Site Address:

Magnolia House

Abridge Road

Theydon Bois

Epping

Essex

CM16 7NR

Proposal:

Construction of Pond and Associated Landscaping and Drainage Works.

Ward:

Theydon Bois

Parish:

Theydon Bois

View Plans:

https://eppingforestdcpr.force.com/pr/s/planning-application/a0h8d000000NyyH

Decision :

Approve with Conditions

Conditions: (8)

1

The development hereby permitted shall begin not later than three years from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

2

The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans: 1962 SK07 Rev B, SK09 and SK10, 3331/42, and TCTC-18277-L-01 Rev A

Reason: For the avoidance of doubt and to ensure the proposal is built in accordance with the approved plans.

3

i. No development or preliminary groundworks of any kind shall take place until a programme of archaeological investigation has been secured in accordance with a written scheme of investigation which has been submitted by the applicant, and approved in writing by the local planning authority.

ii. No development or preliminary groundworks of any kind shall take place until the completion of the programme of archaeological investigation identified in the WSI defined in 1 above.

iii. The applicant shall submit to the local planning authority a post excavation assessment (to be submitted within six months of the completion of the fieldwork, unless otherwise agreed in advance with the Planning Authority). This will result in the completion of post excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

Reason: In order that such features of importance can be recorded for the benefit of posterity, in accordance with policy HC1 of the adopted Local Plan 1998 & 2006, Policy DM7 of the Local Plan Submission Version 2017, and the NPPF.

4

All works in constructing the pond hereby approved and associated drainage shall be carried out strictly in accordance with the SuDS Strategy Letter produced by EAS Ltd dated 10th November 2021 submitted with the application, unless otherwise agreed by the Local Planning Authority through an appropriate application.

Reason: To ensure satisfactory provision and disposal of surface water in the interests of Land Drainage, in accordance with policy RP3 of the adopted Local Plan and Alterations 1998 & 2006, policies DM16 and DM18 of the Local Plan Submission Version 2017, and the NPPF.

5

Hard and soft landscaping shall be implemented as shown on Tracy Clarke Tree Consultancy 'Landscape masterplan – proposed balancing pond' drawing number 'TCTC-18277-L-01 Rev A' (dated January 2022); and the accompanying planting schedule. The works shall be carried out prior to the occupation of the building or completion of the development. 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.

Reason: To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, and to enable full and proper consideration be given to the impact of the proposed development on existing trees / hedges, so as to safeguard and enhance the visual amenities of the area and to ensure a satisfactory appearance to the development in accordance with policy LL10 of the adopted Local Plan 1998 & 2006, policies DM3 and DM5 of the Local Plan Submission Version 2017, and the NPPF 2021. 

6

7

Prior to the commencement of excavation work, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and be approved by the local planning authority The content of the LEMP shall include the following:

a) Description and evaluation of features to be managed.

b) Ecological trends and constraints on site that might influence management.

c) Aims and objectives of management.

d) Appropriate management options for achieving aims and objectives.

e) Prescriptions for management actions.

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five- year period).

g) Details of the body or organisation responsible for implementation of the plan.

h) Ongoing monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

Reason : To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended), s40 of the NERC Act 2006 ( Priority habitats & species) as updated by the Environment Act 2021, policies NC3, NC4 and NC5 of the adopted Local Plan and Alterations, policies DM1, DM3 and DM5 of the adopted Local Plan Submission Version 2017, and the NPPF 2021.

All material excavated from the below ground works hereby approved shall be removed from the site.

Reason: In order to ensure that levels are not altered across the site as a result of deposited materials, in the interests of amenity, in accordance with Policies CP2, DBE1 and DBE9 of the adopted Local Plan 1998 & 2006, Policies DM9 & DM21 of the Local Plan Submission Version 2017, and the NPPF.

8

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), other than as shown on drawing number 1962 SK07 Rev B, no additional hard surface areas shall be laid between the access road shown on the plan and the pond hereby approved, unless otherwise agreed by the Local Planning Authority through an appropriate application.

Reason: To ensure further consideration is given with regards to the effect on the character and appearance of the area and the Green Belt], in accordance with policies GB2A and GB7A of the adopted Local Plan 1998 & 2006, Policy DM4 of the Local Plan Submission Version 2017, and the NPPF.

9

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no above ground plant machinery or other similar equipment relating to the works hereby permitted shall be installed without the prior agreement of the Local Planning Authority through an appropriate application.

Reason: To ensure further consideration is given with regards to the effect on the character and appearance of the area and the Green Belt], in accordance with policies GB2A and GB7A of the adopted Local Plan 1998 & 2006, Policy DM4 of the Local Plan Submission Version 2017, and the NPPF.

10      

The pond hereby permitted shall be only for the purposes specified in the application, namely to provide drainage of surface water, and shall not be used for any leisure or recreational activity by occupiers of the adjoining residential property or by any third party without prior consent of the Local Planning Authority through an appropriate application.

Reason: In order to ensure the pond remains available for the stated purpose, and to minimise impact on the Green Belt, local character and amenity in accordance with policies GB2A, NC1, DBE2, DBE9, LL2 and ST2 of the adopted Local Plan and Alterations, policies T1, DM2, DM4 and DM9 of the Local Plan Submission Version 2017, and the NPPF 2021.

11  

In the event the pond ceases to be required for the permitted purpose, it shall be infilled and ground levels restored to that of the immediate surrounding land. In such circumstances:

i. All material required to infill the land shall be imported from an uncontaminated source,

ii. copies of waste transfer notes relating to imported soils shall be submitted to the Local Planning Authority for approval, and

iii. a verification report from a qualified specialist shall be submitted to the Local Planning Authority certifying the works have been completed in accordance with the requirements.

Reason: To ensure any risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with the guidance contained within the National Planning Policy Framework, policy RP4 of the adopted Local Plan and Alterations, and policy DM 21 of the Epping Forest District Council Local Plan Submission Version 2017.

Informatives: (2)

12

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

13

Note: Under the Land Drainage Byelaws of this Council, Land Drainage Consent is also required before any work commences. Please contact the Land Drainage team on 01992 564000 for application forms. The grant of planning permission does not imply the automatic grant of Land Drainage Consent.

Further information is available at https://www.eppingforestdc.gov.uk/environment/land-drainage-consent/