Agenda item

(Service Manager – Development Management) To consider the attached report for the change of use of three vacant retail units to 2 x one-bed flats.

The Service Manager for Development Management, A Marx, presented a report for the change of use of three vacant retail units to 2 x one-bed flats. This application had been considered by Area Planning Sub-Committee West on 9 November 2022 with a recommendation to refuse planning permission. However, the Sub-Committee had resolved to grant planning permission, subject to suitable planning conditions and a Section 106 legal agreement. As this represented a departure from Local Plan policy, this application had been referred to this Committee for a final decision.

The Committee noted the summary of representations that had been received and heard from the Applicant’s Agent.

Decision:

(1)        That planning application EPF/1984/22 at Units 12, 14 and 15 in Arlingham Mews, Waltham Abbey be granted planning permission, subject to:

(a)            the planning conditions listed below; and:

(b)        the completion of a Section 106 legal agreement to fulfil the planning obligations as set out below; and

(2)        That authority be delegated to Planning Officers to subsequently add or amend any planning conditions or Section 106 planning obligations in respect of securing the necessary measures to mitigate air pollution and recreational pressure impacts on the Epping Forest Special Area of Conservation.

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 1464_304 – Location Plan

Drawing 1464_305 – Block Plans

Drawing 1464_305 (sic) – Proposed Site Plan

Drawing 1464_307 – Existing Plans and Elevations

Drawing 1464_308 – Proposed Plans and Elevations

Design, Access and Heritage Statement, dpa

HRA.

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…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.

4…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.

5…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 08:00 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.

6…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.

Section 106 Legal Agreement Obligations

1…Contribution to air quality impact mitigation comprising contribution of £1852.63 per dwelling.

2…Contribution to recreational pressure impact mitigation comprising contribution of £352 per dwelling.

3…Payment of 5% of total financial contribution monitoring fee.