AREA PLANS SUB-COMMITTEE ‘EAST’ 8 May 2019 INDEX OF … · 2019. 4. 26. · Report Item No:1 APPLICATION No: EPF/2204/18 SITE ADDRESS: Hoggs Farm Carters Green Matching Essex

AREA PLANS SUB-COMMITTEE ‘EAST’

8 May 2019

INDEX OF PLANNING APPLICATIONS/ENFORCEMENT CASES

ITEM REFERENCE SITE LOCATION OFFICER RECOMMENDATION

PAGE

1 EPF/2204/18 Hoggs FarmCarters GreenMatchingCM17 0NX

Grant Permission

(Subject to Legal

Agreement)

18

2 EPF/3185/18 33 High StreetEppingCM16 4BA

Grant Permission

(With Conditions)

32

3 EPF/3206/18 10 Parkside Harlow RoadMatching TyeCM17 0QW

Grant Permission

(With Conditions)

42

4 EPF/3424/18 Land to rear of Willowbank FarmSchool LaneMagdalen LaverCM5 0EE

Grant Permission

(With Conditions)

Subject to Legal

Agreement

50

5 EPF/3426/18 Garages to the rear of nos 13-43 Charles StreetEppingCM16 7AU

Grant Permission

(With Conditions)

Subject to Legal

Agreement

60

6 EPF/0217/19 8 Woodland WayTheydon BoisEppingCM16 7DZ

Grant Permission

(With Conditions)

76

7 EPF/0289/19 CarpentersHigh RoadThornwoodEppingCM16 6LR

Grant Permission

(With Conditions)

Subject to Legal

Agreement

82

8 EPF/0515/19 42 Castle StreetOngarCM5 9JS

Grant Permission

(With Conditions)

94

123

88.1m

Hoggs FarmHouse

BadgersThe Old

Stocks Barn

Drain

Track

Drain

Pond

Drain

Drain

Drain

Pond

DrainPond

EFDC

EFDC

Epping Forest District CouncilAgenda Item Number 1

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

Contains Ordnance Survey Data. © Crown Copyright 2013 EFDC License No: 100018534

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013

Application Number: EPF/2204/18Site Name: Hoggs Farm Carters Green

Matching Essex CM17 0NXScale of Plot: 1:1250

Report Item No:1

APPLICATION No: EPF/2204/18

SITE ADDRESS: Hoggs FarmCarters GreenMatchingEssexCM17 0NX

PARISH: Matching

WARD: Hastingwood, Matching and Sheering Village

APPLICANT: Mr D Tinney

DESCRIPTION OF PROPOSAL:

Demolition of existing barn and construction of three detached dwellings.

RECOMMENDED DECISION:

Grant Permission (Subject to Legal Agreement)

Click on the link below to view related plans and documents for this case:http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=613315

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: 217361PL100/; 217361PL101 Rev A; 217361PL102 Rev A; 217361PL1013 Rev A; 217361PL104 Rev /; 217361PL105 Rev/

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 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 such agreed details.

5 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.

6 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.

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=613315

7 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 garage(s) 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.

8 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 Classes A-E of Schedule 2 to the Order, shall be undertaken without the prior written permission of the Local Planning Authority.

9 Prior to first occupation of the development, a scheme for the monitoring and management of any ecological assets on the site, where present, shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall thereafter be carried out as approved.

10 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.

11 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.

12 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.

13 No development shall commence until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency's Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), shall have been submitted to and approved in writing by the local planning authority. If any contamination is found, a report specifying the measures to

be taken, including the timescale, to remediate the site to render it suitable for the approved development shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures and timescale and a verification report shall be submitted to and approved in writing by the local planning authority. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

14 Following completion of the measures identified in the approved remediation scheme, and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented.

15 In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the Phase 2 report, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

16 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.

17 No preliminary ground works shall take place until a flood risk assessment and management and maintenance plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The assessment shall include calculations of increased run-off and associated volume of storm detention using WinDes or other similar best practice tool. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

18 Prior to any above ground works, full details of the landscaping of the northern boundary shall be submitted to and approved in writing by the Local Planning Authority. This shall consist of a planting strip of a minimum width of 2.5metres with garden fences(post and rail)on the inside edge. The landscaping shall consist of trees/hedges of native species. It shall be retained in perpetuity . If any plant dies, becomes diseased or fails to thrive within a period of 5 years from the date of planting, or is removed, uprooted or destroyed, it must be replaced by another plant of the same kind and size and at the same place , unless the Local Planning Authority agrees to a variation beforehand in writing.

19 The development shall not be occupied until the ecological details of which were submitted under the ' Preliminary Ecological Appraisal Incorporating Bat Inspection' Buildings at Hoggs Farm, Matching Tye, prepared by T4ecology Ltd, 2 Elizabeth Way, Heybridge for Mr D. Tinney c/o Swordes, July 2018 ' and approved in writing by the Local Planning Authority have been have been implemented in full on the proposed development within the site.

And subject to the applicant first entering into a legal agreement under Section 106 to provide an appropriate contribution towards mitigation of any possible adverse impact on the Epping Forest Special Area of Conservation with regard to air quality.

This application is before this Committee since it is for a type of development that cannot be determined by Officers if more than five objections are received (or in cases where less than 5 were consulted, a majority of those consulted object) on grounds material to the planning merits of the proposal (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council).

Description of Site:

‘Hoggs Farm’ is sited to the south of the settlement of Matching Tye and has historically been used as a farm within the boundaries of the Metropolitan Green Belt. The area is surrounded by agricultural land with residential properties sited to the south and west. Open views across agricultural fields are sited to the north with the existing barn sited directly adjacent to the farmland with no boundary treatment.

The site currently comprises of a large vacant/derelict rectangular shaped building constructed of brick with corrugated pitched roof with a steel portal framed building with corrugated metal sheet cladding is attached. The structure is a post-war general-purpose agricultural barn 425m2 in floor area, last used in conjunction with the agricultural holdings of Hoggs Farm.

Hoggs Farm is part of larger arable holding which consists of owned land as well as land rented on a long-term farm business tenancy with a total area of some 465 hectares.

The barn is accessed from a vehicle access track onto Harlow Road. A Bridle Path No. 34 - Public Right of Way is sited to the south of the site.

Description of Proposal:

The proposal seeks consent for the demolition of existing buildings and the construction of 3, 3 bed detached chalet style dwellings featuring gable and hip/gable roofs and front and rear dormer windows. The properties have widths of some 12.5, a depth of 12.5m and a ridge height of 6.5m. Plot 1 has a side garage and garage space with plot 2 and 3 with 2 car spaces.

A 2.5m wide buffer planting zone with the garden fences is to be sited to the north boundary to act as an acceptable visual screen.

The proposal is to utilise the existing vehicle access onto Harlow Road, Carters Green.

Relevant History:

PN/EPF/0352/18 - Prior Approval for the conversion of the building into 3 residential units. - Granted - 04/4/2018

PN/EPF/0297/16 - Prior Approval of change of use from Agricultural to Residential (C3) and associated building operations - Not Lawful - 17/06/2016

Policies Applied:

National Planning Policy Framework

The National Planning Policy Framework (NPPF) has been adopted as national policy since February 2019 which states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight.

Epping Forest Local Plan and Alterations (1998/2006)

The above policies form part of the Councils 1998 Local Plan. Following the publication of the NPPF, policies from this plan (which was adopted pre-2004) are to be afforded due weight where they are consistent with the Framework. The above policies are broadly consistent with the NPPF and therefore are afforded full weight.

CP1 - Achieving sustainable development objectivesCP2 - Protecting the quality of the rural and built environmentCP3 - New developmentH3A - Housing densityDBE1 - Design of new buildingsDBE2- Effect on neighbouring propertiesDBE4 - Design in the Green BeltDBE8 - Private amenity spaceDBE9 - Loss of amenityGB7A - Conspicuous development H2A - Previously developed landLL10 - Adequacy of provision for landscape retentionLL11- Landscaping schemesST1 - Location of developmentST4 - Road safetyST6 - Vehicle parkingNC1 - SPAs, SACs and SSSIsNC4 - Protection of established HabitatU3B- Sustainable Drainage Systems

Epping Forest District Local Plan (Submission Version) 2017:

The Epping Forest Local Plan Submission Version 2017 was submitted for independent examination in September 2018. Accordingly, it can be endorsed as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF.

Paragraph 48 provides that decision-takers may give weight to relevant policies in emerging plans according to:

the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and

the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

SP1 - Presumption in Favour of Sustainable DevelopmentSP2 - Spatial Development Strategy 2011-2033SP3 - Place ShapingSP6 - Green Belt and District Open LandSP7 - The Natural Environment, Landscape Character and Green and Blue InfrastructureH1 - Housing Mix and Accommodation TypesT1 - Sustainable Transport ChoicesT2 - Safeguarding of Routes and FacilitiesDM1 - Habitat Protection and Improving BiodiversityDM2 - Epping Forest SAC and the Lee Valley SPADM3 - Landscape Character, Ancient Landscapes and GeodiversityDM4 - Green BeltDM5 - Green and Blue InfrastructureDM9 - High Quality DesignDM10 - Housing Design and QualityDM11 - Waste Recycling Facilities on New DevelopmentDM15 - Managing and Reducing Flood RiskDM16 - Sustainable Drainage SystemsDM18 - On Site Management of Waste Water and Water SupplyDM19 - Sustainable Water UseDM20 - Low Carbon and Renewable EnergyDM21 - Local Environmental Impacts, Pollution and Land ContaminationDM22 - Air Quality Consultations:

Trees and LandscapingNo objection to the amended plans subject to conditions regarding Tree Protection and Hard and soft Landscaping and conditions requesting details of the 2.5m wide buffer planting screen along with standard landscaping conditions relating to the site as a whole.

Land DrainageNo objection subject to the approval/implementation of the requirements set out below.

The site lies within an Epping Forest District Council flood risk assessment zone. The development is of a size where it is necessary to avoid generating additional runoff. A Flood Risk Assessment (FRA) is required; therefore, please add land drainage condition SCN55.

Any works or within 8 metres of an open or piped watercourse will require land Drainage Consent. For further information on the Land Drainage Consent process or to find the application forms the applicant should visit the link below: http:/www.eppingforestdc.gov.uk/index.php/residents/your-environment/drainagae/flooding - and-land-drainage

The applicant has no proposal to dispose of foul sewerage. Further details are required. Please add a condition requiring approval of foul drainage details by the Local Planning Authority prior to development commencing.

The applicant is proposing to dispose of surface water by sustainable drainage system. Techniques’ such as green roofs, rainwater harvesting, and permeable paving should be given string consideration. Further details are required. Please add a condition requiring approval of surface water drainage details by the Local Planning Authority prior to development commencing.

Country CareNo objection subject to a condition that all recommendations in section 5.2 are followed. This includes Bat friendly lighting, construction precautions and the inclusion of bat and bird boxes.

Contaminated LandDatabase and aerial photographs. These indicate that areas of the site were formerly used as a Farm.

It is noted that a phase I desktop investigation has been submitted with this application. Several issues have been noted with the phase I document that are required to be updated and resubmitted. A Phase II investigation is required in accordance with appropriate guidance and standards. The Desk Study/Preliminary Risk Assessment Report by Herts & Essex Site Investigations dated September 2018 has concluded that an intrusive investigation is required to quantify and qualify any potential site contamination due to the former potentially contaminating land uses.

HighwaysFrom a highway and transportation perspective the Highway Authority has no objections to make on this proposal as it is not contrary to the Highway Authority’s Development Management Policies, adopted as County Council Supplementary Guidance in February 2011, policies ST4 & ST6 of the Local Plan and policy T1 of the Local Plan Submission Version 2017 subject to an informative to the attachment of an informative regarding the Public Right of Way network which is protected by the Highways Act 1980. Any unauthorised interference with any route noted on the Definitive Map of PROW is a breach of this legislation. The public’s rights and ease of passage over public bridleway No.34 Matching shall always be maintained free and obstructed to ensure the continued safe passage of the public on the definitive right of way.

The grant of planning permission does not automatically allow development to commence. In the event of works affecting the highway, none shall be permitted to commence until they have been fully agreed with this Authority. In the interests of highway user safety this may involve the applicant requesting a temporary closure of the definitive route using powers included in the Act. All costs associated with this shall be borne by the applicant and any damage caused to the route shall be rectified by the applicant within the timescale of the closure

Representations:

MATCHING PARISH COUNCIL - Not supported. The ‘Q’ permission was acceptable, but this is over development. Concerns over access which is using a bridleway. Willing to speak at Planning Committee.

8 neighbouring properties were consulted on the 26/09/2018 and 16/01/2019. 7 objections have been received that raise the following concerns: -

STOCK BARN, CARTERS GREEN, MATCHING GREEN - The Grain Store is incorrectly documented as Hoggs Farm because Hoggs Farm is the old Grade II farm building immediately behind our property, Stock Barn.

Demolition of the existing grain barn and construction of three detached dwellings in place of the old 1960’s grain barn would not comply with National Planning Policy Framework (NPPF) in our view, as we are led to understand that you cannot replace permitted development rights with new builds under NPPF. Furthermore, two of the proposed properties footprints sit way outside of the grain barn footprint

Allowing barn conversions such as this one into new build developments goes against both Local Plan Green Belt Policy as well as NPPF. It would, if accepted, open the flood gates for many more rural barn conversion PD applications nationwide to be over developed and new build developments start appearing everywhere. Consenting to this application would set a precedent.

We have commented previously on other factors in relation to the development of this grain barn which concern us, and these include: Water Pressure For many years Stock Barn, Hoggs Farm and other neighbours have suffered significant problems with inadequate water pressure. Periodically Affinity Water have monitored the pressures for months at a time and concluded that this is down to the fact that Carters Green is at the end of the line. During peak hours Stock Barn is unable to run two showers simultaneously due to the inadequate water pressure

HOGGS FARM, CARTERS GREEN, MATCHING TYE - We strongly oppose the proposed application for the demolition of the existing barns and construction of three detached dwellings in place of the Grain Store.

The proposed application sits outside the existing footprint that was granted under EPF/0352/18. Approval of a new application (EPF/2204/18) that not only has a larger footprint than the existing development but is also a conversion from rural barn to new build developments sets a dangerous precedent and has the potential to be a waterfall case. Furthermore, we are in no doubt that this would be against Local Green belt policy. EPF/0352/18 was granted barely 6 months ago with the condition that the grain sore had to remain, yet this new proposal on the same site includes demolishing the grain store. In our opinion should this be granted it makes a mockery of the planning process as it would completely disregard the previous conditions and sends out a message that multiple applications can be made until the desired result is achieved?

Hoggs Farm (our residence) would be impacted heavily by loss of privacy as well as a potential loss of light, elements that were paramount in our choice to move to the property not 4 months ago.

We are opposed to any further development of the site, especially development that is larger than the existing footprint and is not in keeping with the local area.

THE OLD HOUSE & WILLOW COTTAGE, MATCHING TYE - Hoggs Farm is an existing house. The grain store has been empty for many years and can be readily accessed by children -an eyesore and should be demolished. The currant proposal pushes the boundaries to at least twice the size of the existing footprint which we believe to be excessive and appears to extend to the existing drainage ditches.

Access is by the long-established bridleway. Until recently there was a sign that this was a bridle/public right of way, unfortunately this sign disappeared but the path is still shown on up to date Ordnance Survey Maps.

MISS N. CHALKLEY - Object - The development will increase traffic pollution to an already busy narrow lane and alter the character of the rural area. Object to any impact or loss of the Bridle Path 34

STOCK BARN – Contrary to NPPF, cannot replace permitted development rights with new builds. Two of the builds fall outside of the grain barn footprint that was granted PD. – Inadequate water supply already exists in the area; new houses would exasperate the problem along with sewerage and stored fuel. Noise and increased activity from cars and people. Access to the road is just of a tight dangerous bend where frequent accidents occur. The parking of the cars would take up more space than the current hardstanding and an eyesore. The Public footpath and Bridleway is used regularly by local dog walkers and horse riders and needs protection. Greatly affected by the by the development. Dismantling the asbestos roof to the barn is a health hazard to the surrounding residents. The houses are not in keeping with the surrounding properties. A single dwelling could easily replace the ugly farm building which could be designed to match the beautiful period properties that surround it, and which would enhance the area.

WALNUT TREE BARN - Oppose the demolition of the existing barn and the construction of 3 dwellings which does not comply with the NPPF and Permitted Development and open the flood gates for all barn conversions. Not opposed to 2 dwellings. Whilst Walnut Tree Barn is a new barn conversion itself, we would be impacted heavily by the loss of light and privacy

Main Issues and Considerations:

The main issues to consider when assessing this application is the principal of residential; potential impact on the openness of the Green Belt, the character and appearance of the area, the form and impact on the amenity of the neighbours, highway and access aspects; land drainage, contamination and any other material considerations.

The principal of Residential Development in the Green Belt

The National Planning Policy Framework (NPPF) encourages the provision of more housing and states that applications should be considered in the context of the presumption in favor of sustainable development. Local Planning Authorities should encourage the effective use of land by re-using land that has been previously developed provided that it is not of high environmental value.

The NPPF indicates that the Government attaches great importance to Green Belts. The fundamental aim of the Green Belt is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

The NPPF states that inappropriate development is, by definition, harmful to the Green Belt and should be refused planning permission unless very special circumstances can be demonstrated which clearly outweigh the harm caused. Paragraph 145 of the Framework states that new buildings in the green belt are inappropriate, with a number of exceptions. One exception is the complete redevelopment of previously developed land which would not have result in any greater impact on the openness of the Green belt than the existing development.

The barn constitutes previously developed land and as such residential is considered appropriate provided that the redevelopment does result in any greater impact on the openness of the Green Belt and the purpose of including land within it than what presently exists

A material consideration is that ‘Prior Approval’ was granted under in 2018 Ref: (EPF/0352/18) for the conversion of the barn into 3 residential units under Schedule 2, Part 3, Class Q of the General Permitted Development Order 2015 which has not been implemented.

The proposal would replace the existing structure with 3 chalet bungalows. The total volume of the existing buildings is 2930 cubic metres. The volume of the three dwellings is 1905 cubic metres with a combined footprint. Overall, volumetrically the proposed redevelopment would result in a 35% reduction.

In terms of height, the maximum height of the existing stables building is 7m with an eave’s height of 3.3m. The maximum ridge height of the proposed dwellings is 6.5m, with an eave’s height of 3.1m.

It is therefore concluded that the proposed development would not result in any greater impact on the openness of the Green Belt and is appropriate development.

Epping Forest Local Plan Policies seeks to ensure a high quality of design and that development respects and relates to the character and context of the locality, maintaining and where possible enhancing the character of the existing area. These objectives are broadly consistent with the core principles of the NPPF that planning should seek to secure high quality design.

In terms of its scale and detailing, the dwellings are comparable to the existing dwellings in the locality which take reference from the local vernacular through the use of steep pitches, dormer windows and traditional materials resulting in a development which would be more in keeping with the character and appearance of the area than what presently exists complying with the Local Plan that seeks to ensure that development is of a high standard of design and layout

It is acknowledged that the residential use will bring about an increase in urban paraphernalia than the existing barn such as amenity space, cars and vehicle movements, lights etc but no more so than the already approved scheme under ‘Prior Approval’ and as such the development is not considered to result in any significant additional material harm to the openness of the Green Belt.

Impact on the amenity of nearby properties and Form of Accommodation

The proposed development is sited in open grounds with closest residential properties sited to the west and south. The closest residential property is sited at over 20m. The separation distance and boundary treatment ensures that the proposed development would not result in any harmful amenity implications in the form of any overbearing or intrusive impact, loss of light, outlook or privacy. The proposal therefore accords with the requirements of policy DBE9 of the Local Plan.

The dwellings are to be laid out in an ‘L’ shaped form of a sufficient distance so as to retain a degree of spaciousness around the plot and from each other so as not to result in any amenity implications in the form of overbearing, loss of light or outlook.

The form of accommodation is acceptable with each room having sufficient daylight, outlook and ventilation and a satisfactory form of living space for future occupiers.

The Local Plan makes it clear that all new residential developments should provide garden area which are functional and usable in terms of width, depth, shape and orientation to meet the needs of future occupants and which would not suffer from any direct overlooking or loss of privacy.

In this instance the proposed dwellings provide between 137-163m2 of amenity area per plot which is functional and usable in terms of width, depth, shape and orientation to meet the needs of future occupants and which would not suffer from any direct overlooking or loss of privacy.

Overall, it is considered that the amenity of the adjoining occupiers would be maintained to an acceptable level. In this respect, the development complies with Policy DBE2 of the Local Plan.

Parking and Highway

The proposed development is for a 3,3-bed dwellinghouses with the minimum provision of 2 car spaces per dwelling, utilising the existing vehicle access onto Harlow Road which complies satisfactorily with the Essex County Council Highway Authority Standards and for which they have no objection.

Land Drainage

The proposal is of a size where it is necessary to avoid generating additional run off and the opportunity of new development should improve existing land drainage issues. In this case therefore a Flood Risk Assessment is required and details of both foul and surface water drainage.

Land Contamination

The site has the potential to be contaminated as a result of its previous use as a nursery and landfill. Investigation and remediation can be secured through condition and these are reasonable and necessary to impose.

The Contaminated Land Officer has reviewed this application and considers that “due to its use as a horticultural nursery, there is the potential for contaminants to be present on site. To ensure that future occupiers are not put at risk from this contamination, he recommends that contamination mitigation conditions are attached to any permission in accordance with Paragraphs 120-124 of the NPPF and policy RP4 of the Local Plan

Ecology

No objection subject to all the recommendations as set out in the ‘Preliminary Ecological Appraisal Incorporating Bat Inspection' Buildings at Hoggs Farm, Matching Tye, prepared by T4ecology Ltd, 2 Elizabeth Way, Heybridge for Mr D. Tinney c/o Swordes, July 2018 ' are followed including Bat friendly lighting, construction precautions and the inclusion of bat and bird boxes.

Trees and Landscaping

The revised site plan indicates that there will be a buffer planting zone of 2.5m with the garden fences (post and rail) on the inside edge which will maintain a visually acceptable screen. The above nonstandard condition should cover this. Our standard landscaping condition has also been included as this relates to the site as a whole.

Other Matters

The objections received as a result of consultation are noted. The Governments National Planning Policy Framework allows the conversion of buildings and the redevelopment of sites on previously developed land in the Green Belt provided that it does not result in any greater impact.

The Public Right of Way path would fall under The Public Right of Way networkwhich is protected by the Highways Act 1980. Any unauthorised interference with anyroute noted on the Definitive Map of PROW Is considered to be a breach of thislegislation. The public’s rights and ease of Passage over public bridleway N0.34Matching shall be maintained free and obstructed at all times to ensure the continuedsafe passage of the public on the definitive right of way.

The grant of planning permission does not automatically allow development to commence. In the event of works affecting the highway, none shall be permitted to commence until such time as they have been fully agreed with this Authority. In the interests of highway user safety this may involve the applicant requesting a temporary closure of the definitive route using powers included in the aforementioned Act. All costs associated with this shall be borne by the applicant and any damage caused to the route shall be rectified by the applicant within the timescale of the closure. The development is not considered to give rise to any loss of amenity to any nearby residential dwellings.

The proposal is not considered to result in any greater impact on what has already been approved under the ‘Prior Approval application which would also involve the use of cars and an increased urban activity.

Conclusion:

Having taken all material considerations into account, it has been concluded that on balance, the proposal is an efficient use of the land that would not result in any additional detriment impact on what presently exists and therefore is not considered inappropriate development that would not have a harmful impact on the openness of the Green Belt. The design and layout of the dwellings are appropriate to the rural setting that sufficiently maintain the character and appearance of development in the surrounding area and would not have any amenity implications on neighbouring dwellings; parking/highway safety and landscaping subject to the imposition of conditions and to a legal agreement with regard to mitigation of impacts on the SAC. the application is considered to be in accordance with the adopted Local Plan and Alterations (1998-2006) and the Submission Version Local Plan and, with the relevant parts of the National Planning Policy Framework.

RecommendationIn the light of the above considerations it is recommended that planning permission is Approved subject to conditions and to the completion of a S106 Legal Agreement to secure appropriate financial contribution towards measures to mitigate air quality as set out in this report.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the day of the meeting at the latest:

Planning Application Case Officer: Caroline Brown

Direct Line Telephone Number: 01992 564182

or if no direct contact can be made please email: [email protected]

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Epping Forest District CouncilAgenda Item Number2




Application Number: EPF/3185/18Site Name: 33 High Street Epping Essex

CM16 4BAScale of Plot: 1/500

Report Item No:2


SITE ADDRESS: 33 High StreetEppingEssexCM16 4BA

PARISH: Epping

WARD: Epping Lindsey and Thornwood Common

APPLICANT: Mrs R Humphris


Change of Use application from Sui Generis, Car Showroom to A3, Restaurant use.


Grant Permission (With Conditions)


CONDITIONS


2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 19030/001A, KDRD Square duct fans technical data, 010-00, 02-01, 02-02, 03-01, 03-02, OTTOSTUMM steel window systems brochure, PBF/FWP/002 rev E, PBF/FWP/002 rev E, letter from PSG, 19030/001.

3 The restaurant use hereby permitted shall not be open to customers outside the hours of 12:00 and 23:00

4 Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point per every 10 spaces on industrial, commercial or leisure developments shall be installed and retained thereafter.

5 An appropriate noise control device shall be put in place and used for amplified sound. The device shall be set so that the volume of any amplified sound emanating from the premises does not cause a statutory nuisance to occupiers of any noise sensitive premises and shall be set at a level that will have been previously agreed in writing by the Local Planning Authority.

6 Prior to the commencement of the use hereby permitted an operational management plan will be submitted to and approved by the Local Planning Authority. The details shall include methods on how noise will be controlled; signage alerting patrons of the need to 'be quiet in the car park area' and that 'smoking is prohibited in the car parking area'.


The use shall be operated strictly in accordance with the details so approved, shall be maintained as such thereafter and no change from the approved details shall take place without the prior written consent of the Local Planning Authority.

7 Equipment should be installed to suppress and disperse cooking/food preparation fumes and smell to a minimum. The equipment should be effectively operated and maintained for so long as the use continues. Details of the equipment should be submitted to the Local Authority for comment and should be installed and be in full working order to the satisfaction of the Local Authority prior to the commencement of use.

The flue height should be at a minimum height of 1m above the eaves level for the dispersion and dilution of odours. Where this is not possible (e.g. because of ownership or structural constraints), additional techniques will be required in order to reduce odours, such as an increase in efflux velocity and additional filters, etc.

The final discharge should be vertically upwards, unimpeded by flue terminals. The number of bends in the ducting should be minimised and the ducting should have a smooth internal surface.

The external surface of the ducting shall be painted matt black and maintained as such in perpetuity.

8 The design and installation of new items of fixed plant shall be such that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 2014.

9 The flue and associated ductwork hereby approved shall be mounted on anti-vibration mounts and maintained as such thereafter.

10 The existing shutters shall be retained shut and shall not be opened at any time during the use of the premises hereby approved.

This application is before this Committee since it is for a type of development that cannot be determined by Officers if more than five objections are received on grounds material to the planning merits of the proposal (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council).


The proposal site contains a Grade II listed Water Tower which is constructed of brick with decorative bands and has a Turret style feature and is located within the grounds of a car dealership. The application relates to the car dealership area and shop/office building. The site is outside of the Epping Town Centre Conservation Area. The immediate area contains a mix of development types, including commercial, retail and residential.


Permission is sought for the Change of Use application from Sui Generis, Car Showroom to A3, Restaurant use. It will have the capacity for 180 covers.

The new shopfront will designed to include dark tiling on the upstand to the base, a painted built up stallriser, steel framed windows and powder coated decorative panels facia with concealed back light wash, individual pinned extruded brass letters, decorative top panel and a painted back panel. .

14 car parking spaces are proposed in the northern area of the site. Access will be via Tower Road.

Hours of operation will be 12pm until 11pm Monday to Sunday.

The applicant is Prime Grill and Steak House. The applicant indicates that an average bill per table is £69.

Relevant History:

There is a long history of applications for phone antennae on the building.

EPU/0048/62 GARAGE Granted

EPU/0033/69 IMPROVED WORKSHOP & TOILET FACILITIES &2 VAN GARAGE Granted

LB/EPF/0108/87 Change of use from redundant water tower to radio site engineering and management, incorporating erection of colinear antennae new water- tight roof structure, new internal roof access ladder beyond existing and internal equipment rooms at ground level.

Granted

LB/EPF/0072/94 Listed building application for conversion of water tower pump room to reception, office and spares store, demolition of attached garage and laying out of parking area.

Granted

EPF/0839/16 Grade II listed building application for proposed replacement of existing flagpole and 3 no. antennas and replacement with tri-sector support pole comprising 3 no. antennas. Installation of 1 no. equipment cabinet within existing equipment cabin. Granted

Epping Forest Local Plan (1998) and Alterations (2006):

CP2 Protecting the quality of the rural and built environmentDBE9 Loss of amenityRP5A Adverse environmental impactsTC1 Town centre hierarchy TC3 Town centre functionTC4 Non-retail frontageDBE1 Design of new buildingsHC6 Character and appearance and setting of Conservation Area HC7 Development within Conservation Areas

The National Planning Policy Framework

The National Planning Policy Framework (NPPF) has been adopted as national policy since February 2019. Paragraph 213 states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight.


The Epping Forest Local Plan Submission Version 2017 was submitted for independent examination in September 2018. Accordingly, it can be endorsed as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF.

Paragraph 48 provides that decision-takers may give weight to relevant policies in emerging plans according to:

• the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

• the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and

• the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

DM9 High Quality DesignDM7 Heritage AssetsDM9 High Quality DesignDM14 Shopfronts and On Street DiningDM16 Sustainable Drainage SystemsDM18 On Site Management of Waste Water and Water SupplyDM20 Low Carbon and Renewable EnergyDM21 Local Environmental Impacts, Pollution and Land ContaminationP1 EppingDM21 Local environmental impacts, pollution and land contaminationE2 Town Centre Hierarchy / Retail PolicyP1 Epping

Consultation Carried Out and Summary of Representations Received

Number of neighbours consulted: 46

Site notice posted: Yes

Responses received: as follows: -

1d TOWER ROAD, 2 TOWER ROAD, 4 TOWER ROAD, 5 TOWER ROAD, 6 TOWER ROAD, 7 TOWER ROAD, 8 TOWER ROAD, 10 TOWER ROAD, 13 TOWER ROAD, 14a TOWER ROAD, 15 TOWER ROAD, 15 HIGH STREET, 16 TOWER ROAD, 20 HIGH STREET, 8 AMBLESIDE, 6

GREEN TREES, 43 HIGH STREET, , 45 HIGH STREET, 1 BEECH PLACE, 4 BEECH PLACE , 5 BEECH PLACE 11 BEECH PLACE: OBJECT

• A destination restaurant is one that has a strong enough appeal to draw customers from beyond our community. Therefore, it is not an amenity for local residents. The change of use will drastically increase the number of people to this area of Epping, thereby creating a Highway safety problem. 16 customer parking spaces for 180 customers is totally inadequate. Alternative car parking is suggested, however, as a frequent user of these spaces they are often full. Access to the restaurant will have an effect on pedestrians who already have to cope with the dangerous Tesco crossing.

• This is a large establishment which will create noise, smells and Plans are unclear how the restaurant smells would be managed. The roof terrace will overlook houses and the sound of customers will echo along the High Street late in the evening.

• The restaurant will have a detrimental impact on the neighbouring community. Previously, ‘Billy Jeans’ was opposite the proposed development, this caused drunken incidents late into the evening, violent behaviour, the presence of the Police and parking problems for local residents.

In the evening, cars are parked illegally on the pavements so their owners can visit restaurants and pubs nearby. The addition of another restaurant will lead to further problems.

• Serious increase in parking congestion along Tower Road and surrounding area. Will also have adverse impact on environment and access.

• 276 seater restaurant (with 36 on balcony area) will make this restaurant the largest in Epping. This will result in a lot of unnecessary noise and disturbance from refrigeration units and air conditioning and the increased vehicle noise.

• The proposed 9/16 car parking spaces is insufficient for the size of the restaurant. This will lead congestion in the surrounding areas especially as there is no restriction on parking in the evenings.

• Disturbance from cooking smells will undermine the use of the garden.

• Food waste will lead to rat infestation.

• May lead to push for later licence or party nights. This will cause more disturbance to neighbours.

• Closure at 11pm is too late as it will cause harm to neighbouring amenity. Especially as the latest this allows patrons to leave is 01:30 the following day.

• These concerns were demonstrated when a site across the road from the application site was an entertainment venue (Billy Jean’s). Nearby car parks are 15 minutes away from site.

• Site is contaminated and therefore any redevelopment should ensure that this contamination is remediated.

• Neighbours on the opposite side of the road did not receive a letter.

• Already too many restaurants in the area.

• Proposal will undermine further the living conditions of wife with dementia.

EPPING SOCIETY: OBJECTION: This is a prime site for retail or offices, with parking. We need a mixed and vibrant economy in the town. The loss of prime site to yet another of the existing upwards of thirty eateries is unacceptable. It will have a negative impact on the daytime viability of the High Street.

Furthermore, we do not believe this scale of proposal is financially viable, it is too big to sustain a restaurant. The A3 class would allow all sorts, a drive thru Mcdonalds even!

We note in the Submission Version of the Local Plan you aspire to protect the motor industry! See under Transport at para 3.80 “seeks to protect petrol filling stations and car repairs / servicing sites”.

lack of parking availability to the premise which will have a knock-on effect to residents 7 days a week who now have to pay for parking permits and have parking restrictions outside their properties for their own use during the working week.

Air pollution to residents from cooking, customers smoking.

Noise and language levels will run late into the night.

This is an entire residential area with families.

TOWN COUNCIL: No objection to this application


Town Centre

Chapter 7 of the NPPF (Ensuring the vitality of town centres) requires that policies should support viability and vitality of town centres.

The application site is located within the town centre, but is outside of both the primary and secondary retail frontages. The previous use of the site is also outside of the A1 use class category.

Whilst it is noted that policy TC3 (iii) requires that applications which prejudice the potential of upper floors as living or business accommodation permission be refused.

However, since the use will have a positive impact on the vitality and viability of the Town Centre; this requirement has not been carried through into the Submission Version Local Plan policy E2 and that the NPPF requires that a range of uses should be in principle considered suitable for the Town Centre and that the proposed use will positively contribute to the overall viability and vitality of this centre, it is on balance considered that there are sufficient other material considerations to outweigh the requirements of policy TC3(iii).

Design impact on listed building.

S66(1) of the Planning and Listed Building and Conservation Areas Act 1990 makes it clear that a Local Planning Authority (LPA) should have special regard to the desirability of preserving the Listed Building and its setting or any features of special architectural or historic interest which is possess.

In determining planning applications, the Council is required by paragraph 192 of the NPPF to consider In determining applications, local planning authorities should take account of:

a) the desirability of sustaining and enhancing the significance of heritage assets

and putting them to viable uses consistent with their conservation;

b) the positive contribution that conservation of heritage assets can make to

sustainable communities including their economic vitality; and

c) the desirability of new development making a positive contribution to local character and distinctiveness.

The proposal was reviewed by the Conservation Officer who made the following comments:-

Initial Scheme: “The proposal site is directly adjacent to the grade II listed water tower. The red brick tower was built in 1872 by Jabez Church for Epping Rural Sanitary Authority. At present the site is occupied by a car showroom. The presence of a large number of cars parked to the front of the tower, the banners and the modern character and bulk of the existing single storey projecting unit do detract from the character of the historic tower and fail to preserve or enhance the significance of the setting of the listed building. Any development that could improve the current situation is therefore welcome.

The introduction of a glazed balustrade – I believe that the addition of a glazed balustrade will make the already bulky single storey projecting shop unit looking even more dominant than it is which will cause further harm to the setting of the listed tower. The proposal should help reducing its bulk and soften its appearance.

New glazed shopfront – The proposed new window frames are fully supported. It will break the large openings and give rhythm to the new shopfront. Because of the proximity with the listed tower the frames should be made in metal (if Aluminium, the profiles shall be thin), plastic frames will no be considered acceptable.

Build up stallriser – stallriser will, as the proposed new frames, help enhancing the appearance of the shopfront. The built up of stallriser is therefore fully supported. Stallriser should be rendered; no plastic materials will be accepted.

The replacement of the signage requires advertisement consent. An Advertisement Consent application should therefore be submitted. The new signage board should not be larger than the existing and painted in a colour that will not adversely affect the listed building. We recommend the name of the future restaurant to be painted directly on the board or made of detached letters. Internally illuminated signage will not be permitted. If illumination is needed, discreet trough could be considered.

If this application is supported, a condition should ensure the details of the materials to be used to be submitted to and discharged by the LPA prior to the commencement of any works.”

In light of these comments and those from neighbouring residential occupiers, plans were amended so that the first floor restaurant area has been omitted and instead the first floor is now proposed to be used for ancillary office use only. The first floor the first floor terrace and glazed balustrade have also been omitted. More detailed drawings were provided in relation to the

shopfront and ventilation equipment. This included what materials are proposed, the type frame for the shopfront is proposed (steel) and what is the appearance of the fascia. The car parking has also been repositioned to the back of the site in order to better respect the setting of the Listed Tower.

These changes were supported by the Conservation Officer on the grounds that

“The revised scheme and additional information submitted have overcome the concerns we previously had. The scheme now meets our expectations both in terms of design and conservation. It is considered that the proposal will have an extremely positive impact on the significance of the setting of the listed tower, i.e. relocation of the car park at the back of the site, sympathetic changes to the shopfront (both in design and materials).

I, therefore, give my full support to the proposal and recommend this application to be approved.

This is supported by policy HC12 of our Local Plan and Alterations (1998 and 2006), policy DM7 of our Submission Version Local Plan (2017), and paragraphs 190, 192, 193 and 194 of the NPPF (2018).”

Highway Safety

There will be no significant harm to highway safety or parking conditions as a result of this application. This is because of the site’s town centre location which is close to sustainable forms of public transport and as such the proposal accords with the Council’s adopted parking standards.

Impact on neighbouring residential amenity

The proposal is located within a busy town centre. The Environmental Health Section of the Council are satisfied that the proposed specification of the flue and extraction system are sufficient to ensure that neighbour amenity will not be adversely affected in terms smell pollution subject to a condition requiring proper installation and maintenance of the equipment.

The Environment and Neighbourhood Officer has not raised any objections on noise grounds.

It is also recommended that a condition be attached to any permission requiring that a management plan is put in place to ensure that anti social behaviour is minimised. Features could include signs for patrons to leave quietly and for no smoking to be permitted in the car parking area.

It is on this basis that the proposal is considered to not cause excessive harm to the living conditions of neighbouring residential occupiers. The proposal therefore complies with the requirements of policy DBE 9 of the Local Plan and DM9 of the Submission Version Local Plan.

Other matters

Since the proposal is for the conversion of an existing building and will not create additional residential accommodation or new commercial space the requirements of policy DM2 and DM22 of the Submission Version Local Plan are not triggered. The applicant is therefore not required to pay a contribution towards mitigating against the adverse impacts of recreational pressure on the Epping Forest Special Area of Conservation, nor will an appropriate assessment be required to demonstrate that the proposal will not have an additional adverse impact on air quality over and above the existing use.

Poor hygiene practices would be outside the scope of planning legislation as it is already covered by Public Health legislation which is regulated by the Environmental Health department for the Council.

Conclusion:

In conclusion, the proposal promotes economic activity by bringing a vacant unit back into use and provides employment for workers in the catering field. The social benefits of the proposal are that it would have a positive impact on the vitality and viability of the town and centre. The proposed changes to the shopfront and removal of the car parking away from the front of the listed building will make a positive contribution to the setting of the listed building and wider visual amenity of the area. Furthermore, Subject to a number of conditions the proposal will not have significant adverse impact on noise or general disturbance. The Highways Authority are also satisfied that the proposal will not have an adverse impact on highway safety or congestion. It is for these reasons that the proposal complies with relevant planning policy and it is recommended that planning permission be granted.


Planning Application Case Officer: Sukhi Dhadwar

Direct Line Telephone Number: 01992 564597.


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Application Number: EPF/3206/18Site Name: 10 Parkside CM17 0QW

Scale of Plot: 1:500

Report Item No:3


SITE ADDRESS: 10 Parkside Harlow RoadMatching TyeEssexCM17 0QW

PARISH: Matching

WARD: Hastingwood, Matching and Sheering Village

APPLICANT: Mr J Lunn


Erection of x 1 no. detached dwelling.


Grant Permission (Subject to Legal Agreement)


CONDITIONS


2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 9118 RevA, Streetscene Rev A

3 Materials to be used for the external finishes of the proposed development shall match those of no. 10 Parkside, the host dwelling, unless otherwise agreed in writing by the Local Planning Authority.

4 The parking area shown on the approved plan shall be provided prior to the first occupation of the development and shall be retained free of obstruction for the parking of residents (staff) and visitors vehicles.


6 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 development 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.





This application is before this Committee since it is for a type of development that cannot bedetermined by Officers if more than five objections are received (or in cases where less than 5were consulted, a majority of those consulted object) on grounds material to the planning merits of the proposal (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from FullCouncil).

And subject to the completion of a S106 Legal agreement to secure appropriate measures to mitigate potential impacts on air quality.


The property is a two-storey semi-detached property, located on Parkside, Harlow Road. The application site falls within the village of Matching Tye and is part of a ribbon development comprised of similar two storey semidetached dwellings. Both No. 9 and No.11 Parkside have had significant side extensions. The proposed dwelling also has an extant planning consent for a large two storey side extension. The site is located within the Metropolitan Green Belt.


Consent is being sought for the erection of one detached house, using the existing access, and associated parking and amenity space. The proposed house would have a hipped roof and would mirror the design of the mid twentieth century dwellings along the ribbon of development known as Parkside and would be located centrally within the plot with generous spacing to either shared boundary.

Relevant History:

EPO/0235/62 - O/A RES DEV.:25-43 26-40 RAINBOW RD & 15-22 PARKSIDE

EPF/2841/14 - Part single, part two storey rear side and rear extension. – Granted

EPF/2538/16 – Two storey side extension - Granted

Policies Applied:

Epping Forest Local Plan (1998) and Alterations (2006):

CP2 – Protecting the quality of the rural and built environmentGB2A – Development in the Green BeltDBE1 – Design of new buildingsDBE2 – Effect on neighbouring propertiesDBE4 – Design in the Green BeltDBE8 – Private amenity spaceDBE9 – Loss of amenityRP3 – Water qualityU3A – Catchment effectsST4 – Road safetyST6 – Vehicle parkingLL10 – Adequacy of provision for landscape retentionLL11 – Landscaping schemes

The above policies form part of the Councils 1998 Local Plan. Following the publication of the NPPF, policies from this plan (which was adopted pre-2004) are to be afforded due weight where they are consistent with the Framework. The above policies are broadly consistent with the NPPF and therefore are afforded full weight.


The Epping Forest District Local Plan (Submission Version) 2017 has been approved for publication and is the Plan the Council intend to submit for independent examination. The policies in the Plan are considered to be up to date and accord with national policy and therefore should be given substantial weight in the consideration of planning applications in accordance with the Council’s decision on 14 December 2017 and paragraph 217 of the NPPF. The policies and the Plan are supported by up to date and robust evidence – the evidence should also be treated as a material consideration. The relevant policies in the context of the proposed development are:

SP1 - Presumption in Favour of Sustainable DevelopmentSP6 - Green Belt and District Open LandT1 - Sustainable Transport ChoicesDM3 - Landscape character, ancient landscapes and geodiversityDM4 - Green Belt

DM5 - Green and Blue InfrastructureDM9 - High quality designDM10 - Housing Design and QualityDM11 - Waste Recycling Facilities on New DevelopmentDM18 - On Site Management of Waste Water and Water SupplyDM21 - Local Environmental Impacts, Pollution and Land Contamination

Consultation Carried Out and Summary of Representations Received:

5 neighbouring residents were consulted and 6 responses were received.

PARISH COUNCIL – OBJECT - on the grounds of overdevelopment of the site, undue impact upon neighbours and out of keeping with the street scene.

6, 7, 9, 11, 12 Parkside, 18 Rainbow Road – OBJECT – Summarised as – Loss of views, impact on the Green Belt, out of character with the surrounding area, drawings do not show neighbouring extensions, two bedroom house not in keeping with the size of neighbouring dwellings, developments in Harlow should mean less need for houses in Matching Tye.


The key considerations are the impact on the Green Belt, the character and appearance of the surrounding area, regarding neighbours’ amenities, highway safety considerations, and any impact on the landscaping.

Green Belt:

The application site is part of a wider 1960’s development of some 40 dwellings to entrance to the village of Matching Tye. These dwellings are all connected and form a distinct village envelope which also includes a pub. The National Planning Policy Framework states that the erection of new buildings within the Green Belt constitutes inappropriate development, however provides a number of exceptions to this. The list of exceptions includes “limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan”.

Matching Tye would undoubtedly constitute a ‘village’. The definition of infill development as laid out within Appendix 1 of the Submission Version of the Local Plan reads:

“Infill development refers to the development of a small gap in an otherwise continuous built up frontage, or the small-scale redevelopment of existing properties within such a frontage”.

The application site is surrounded on three sides by existing development, with only the southern boundary facing towards Harlow Road and open undeveloped land. It is considered that one dwelling of this scale would be considered suitably ‘limited’ in this location and would clearly be seen within the context of the village of Matching Tye and would not detrimentally encroach into open countryside. Therefore, it is considered that the proposed dwellings would comply with the exception of “limited infilling in villages” as laid out in the National Planning Policy Framework and therefore would not constitute inappropriate development harmful to the openness of purposes of the Green Belt.

In addition, other sites within the locality, including in Rainbow Road to the rear (ref. EPF/3291/16), have been approved as infill development sites for detached dwellings.

Design:

The proposed dwelling would reference design features of the adjacent semidetached dwellings, with identical fenestration and material treatment, whilst detached, the dwelling would fit in well with its setting and would sit comfortably between the 10 and 11 Parkside. Neighbours have commented that the proposed development would appear cramped next to the side extension of no. 11. The proposed development would be sited in excess of a metre from either side boundary, meeting design requirements, and would leave a similar visual gap to that which could be created by the extant consent for a two-storey side extension to the host dwelling. It is considered that the overall design and scale of the new dwellings would not appear detrimental to the character and appearance of the street scene.

The proposed dwelling would benefit from an excess of the required private amenity space.

Amenity concerns:

The proposed dwelling would be sited between no’s 10 and 11 and would be in line with the front and rear walls of each dwelling. The new house would not impinge on lines of sight from a 45 degree angle of either neighbouring dwellings first floor windows and due to the size of the plot would not create any sense of overbearing greater than the extant consent for a side extension to no. 10 or the existing side extension at no. 11. The host dwelling would be left with some 140 square metres of rear garden, which would be considered ample for a dwelling of its scale. Whilst it is noted some comments have been made in reference to a loss of views from neighbours to the rear, this cannot be taken as a material planning consideration.

Access and Parking:

The proposed dwelling would be served by the existing access and would have two dedicated parking spaces to the front elevation, meeting the parking standards for a dwelling of this scale.

Trees and Landscaping:

Whilst some soft landscaping has been shown on the proposed plans, further details of hard and soft landscaping would be required via condition to ensure the proposed dwelling mirrors the deep, well greened frontages of neighbouring dwellings along Parkside.

Epping Forest Special Area of Conservation

As set out in Policy DM 2 and DM 22 of the emerging Local Plan, issues have been identified with respect to the effect of development on the integrity of the Epping Forest Special Area of Conservation (SAC) as a result of increased visitor pressure arising from new residential development, and from local air quality issues within and adjacent to the SAC. The site lies outside of the 6.2km zone identified by Natural England within which new development is likely to particularly impact on the SAC. The Council is continuing to develop with partners a strategy for the management and monitoring of visitor pressures on the SAC, and to monitor air quality. This will include measures to be funded through the securing of financial contributions from new development in accordance with the relevant policies above. Notwithstanding the fact that this work is yet to be completed the agent has confirmed willingness to enter into a s106 agreement to provide the appropriate contributions if required.

Other Concerns:

Neighbours have raised concerns that large developments in the district of Harlow to the south of this site should compensate for the housing needs of Matching Tye, this is not a material consideration to the planning application.

Conclusion

The proposed development would constitute a limited infill within a village and therefore would not be inappropriate development harmful to the Green Belt. The design and layout of the proposed dwelling is considered to be appropriate to the wider street scene and would not detrimentally impact on neighbour’s amenities or the existing landscaping on or around the site. Therefore, subject to conditions, the proposal complies with the guidance contained within the NPPF and the relevant Local Plan policies and the application is therefore recommended for approval.


Planning Application Case Officer: Corey Isolda

Direct Line Telephone Number: 01992 564380


mailto:[email protected]

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Application Number: EPF/3424/18Site Name: Land to rear of Willowbank Farm

School Lane Magdalen Laver EssexCM5 0EE

Scale of Plot: 1:1250

Report Item No:4


SITE ADDRESS: Land to rear of Willowbank FarmSchool LaneMagdalen LaverEssexCM5 0EE

PARISH: Moreton, Bobbingworth and the Lavers

WARD: Moreton and Fyfield

APPLICANT: Ms Cheryl McGee


Demolition of existing stables and construction of a new bungalow.


Grant Permission (With Conditions) Subject to Legal Agreement


CONDITIONS


2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 01 Rev A; 06 Rev A; 05 ; Design and Access Statement

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 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 such agreed details.



7 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-E] of Part 1 of Schedule 2 to the Order, shall be undertaken without the prior written permission of the Local Planning Authority.





12 Details of the proposed surface materials for the drainage system shall be submitted to and approved in writing by the Local Planning Authority prior to their installation. The agreed surfacing shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property.

The agreed surface treatment shall be completed prior to the first occupation of the development or within 1 year of the substantial completion of the development hereby approved, whichever occurs first.

And subject to the applicant first entering into a legal agreement under Section 106 to provide an appropriate contribution towards mitigation of any possible adverse impact on the Epping Forest Special Area of Conservation with regard to air quality.

This application is before this Committee since the recommendation is for approval contrary to an objection from a local council which is material to the planning merits of the proposal (pursuant to the Constitution, Part Three: Scheme of Delegation, Appendix 3).


The application site comprises a plot of land sited to the north of

Documents

AREA PLANS SUB-COMMITTEE ‘EAST’ 8 May 2019 INDEX OF … · 2019. 4. 26. · Report Item No:1 APPLICATION No: EPF/2204/18 SITE ADDRESS: Hoggs Farm Carters Green Matching Essex