PLANNING AND REGULATORY COMMITTEE
11 November 2014
REPORT OF THE CHIEF EXECUTIVE
PLANNING APPLICATIONS FOR DETERMINATION
Item 1: 07/14/0680/F
Location: 24-26 Cuffley Hill, Goffs Oak, Herts, EN7 5EU
Description: Change of use of 26 from A1/B1 use to 2 no. two bed flats and conversion of 24 to 2 no. two bed flats with landscaping, parking and erection of porches to the front elevation.
Applicant: MCK
Agent: Plan Preparation Services Ltd
Date Received: 30/07/2014 Date of Committee: 11.11.2014
Expiry Date: 24/09/2014 Officer Contact: Peter Quaile
RECOMMENDED that: permission be granted subject to the conditions at the end of this report and the applicant first completing a planning obligation under s.106 of the Town and Country Planning Act 1990 (as amended) for the terms set out in this report.
1. CONSULTATIONS
1.1 HCC Highways – No objection subject to conditions
2. PUBLICITY
2.1 The application has been advertised by means of a site notice and letters to occupiers of neighbouring properties: expiry of consultation period 28th August 2014.
A1 3. REPRESENTATIONS
3.1 15 representations objecting to this proposal have been received from neighbours to the site. A summary of objections is as follows:
Overlooking and consequent loss of amenity and privacy at existing houses adjoining the site The scheme will lack parking spaces in an area which already suffers from significant resident parking stress. There will be more noise and fumes from cars in the rear of the property due to the manoeuvring to park The use of the rear area will make the area less secure This is not the correct location for social housing Details of lighting are not shown There will be increased hazard on Cuffley Hill There needs to be enhanced drainage for the parking area
4. RELEVANT LOCAL PLAN POLICIES
4.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001- 2011 (adopted December 2005) apply:
SUS1 Sustainable Development Principles H2 Maximising the Development Potential from Sites EMP6 Local Employment Sites H8 Design Quality of Development HD13 Design Principles HD17 Retention /Enhancement of Landscape features T3 Transport and New Development T11 Car Parking
4.2 Under the provisions of the NPPF the Council is required to deliver a wide choice of high quality homes and to provide a mix of housing to meet current and future demographic needs.
5. LOCATION AND DESCRIPTION OF SITE
5.1 The site is located near to Goffs Oak village and is on the north side of Cuffley Hill in a row of semi-detached houses which were built in the middle of the last century. The application properties are more modern but have been heavily extended and modified inside and out. The facades are in red/brown brick with a brown concrete tile roof. There is a large double garage to the rear of no.24 which is reached via a tunnel under the side of the house and there is a single-storey outbuilding in brick with a central link in timber at the rear of the site which extends across both sites which were previously in one ownership and joint use. No. 24 has a lawful use as a single family dwelling. No.26 has a lawful use on the ground floor as a beauty salon and on the upper floor as a Class B1 office. There are no other relevant planning constraints or environmental restrictions to development at this site. There are mature trees to the western boundary and a 3 metre high conifer hedge between the main house and the rear outbuilding.
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Street frontage
A3 5.2 The front area of the site is hard surfaced in tarmac, having been used for car parking for both the residential and commercial uses.
6. RELEVANT PLANNING HISTORY
6.1 Planning permission was granted in 1974 for the double garage.
6.2 Permission was refused in December 2011 for use of part of the ground floor as a taxi office (Reference 07/11/0790/F).
6.3 Permission was granted for continued use of the first floor of 26 for a Class B1 office in November 2013 (Reference 07/13/0807/F)
7. PROPOSAL
7.1 This is a full application to alter and convert both the properties to create a total of 4 no. two bed flats. The works to the building/site entail demolition of the two conservatories and the double garage. At the front there would be canopies erected over the two front entrance doors, the shopfront would be replaced by a domestic window and electric gates would be erected to the void under no.24. To the rear there would be new double doors to the remodelled amenity area and hard surfacing with parking for seven cars. A new bin enclosure to the rear would serve the flats.
Proposed Site Layout
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Proposed Front Elevation
8. APPRAISAL
8.1 The main issues to consider are:
(i) The Principle of conversion at this site (ii) Design (iii) Amenity (iv) Highways and Car Parking
The Principle of Development at this Site
8.2 The site has a lawful mixed use as a house (no.24) with a beauty salon on the ground floor and an office above (no.26).
8.3 With regard to the house, there is no in principle planning objection to its conversion to provide two flats.
A5 8.4 As there is lawful commercial use in no.26, the proposal falls to be assessed in relation to Policy EMP6 which seeks to retain local employment sites outside the designated commercial areas. Policy EMP6 sets out criteria by which to assess applications and states that alternative uses will only be permitted where:
. The use causes environmental problems; or . The owner can demonstrate there is no effective demand for the premises; and . There is no reasonable prospect of commercial re-use; or . The current occupier can be re-located to satisfactory premises in the Borough; or . The development provides essential community benefits
In the case of this site, the Council previously refused permission for a taxi office on the basis of the likely impact of noise disturbance on neighbours’ amenity. The site was bought on the open market when lying vacant earlier in 2014 so there is no business to relocate – the vacancy would also indicate limited demand for commercial re-use. The previous office occupier of the upper floor only employed two staff as they had a primarily internet based lettings business. There is an ample supply of shop premises in the Borough if a site is needed for a beauty salon and demand for small offices is known to be weak with regular conversions to residential, particularly in town centres. The scheme would provide much needed residential accommodation within the Borough.
8.5 Although the use for residential purposes is not an exact fit with Policy EMP6, the loss of the commercial component of the site is overall considered to be acceptable.
8.6 The principle of development of this site for four flats is considered to be acceptable.
Design
8.7 The proposal would involve relatively limited intervention to the appearance of the exterior of the property. The new windows to the frontage would improve its appearance and the small porch canopies would be in keeping with the local townscape. The works to the rear involving removal of two conservatories and insertion of a rear ground floor window are considered to be uncontentious in design terms. Removal of the double garage will open up the rear of the property and improve the outlook for neighbours. The design of the new security gates to the void under no.24 is considered to be acceptable. Overall the changes to the exterior of the buildings are considered to be in compliance with Policy H13.
Amenity
8.8 There are two aspects to amenity which relate to this proposal. First, the impact on amenity for neighbours and secondly, the quality of amenity which would be provided for the proposed flats inside and out.
A6 8.9 With regard to the impact on neighbours, the main issues relate to potential loss of privacy and potential impact from the additional activity when the site is in use.
8.10 There are no new windows proposed to the flanks and the distance from the rear of the properties to the neighbouring dwellings well exceeds the established SPG standard of 25m. The rear outbuilding is sheltered from overlooking by a tall conifer hedge at the southern part of the garden and by a two metre fence to the north. The distance of the outbuilding from the rear upper floors of the main building ranges from 18.5 metres to 20 metres, but that relationship would be essentially unaltered and it would, to a degree, be a matter of choice for future occupiers if they took up residence.
8.11 In terms of the general impact which would occur, use of the two properties as four conventional flats is considered unlikely to produce noise and disturbance in excess of normal domestic activity. The Council has statutory powers to deal with nuisance. Neighbours have raised concern about traffic noise and fumes from vehicles using the rear car park. In light of these objections, the applicant has revised the scheme to move the proposed spaces which were originally set along the boundary with no.22 but has also increased the number of spaces to meet the Council’s SPG parking standard. The existing situation is that vehicles already access the rear of the site to reach the double garage and would need to manoeuvre to exit the site in a forward gear. There would be an increase in activity from the proposed additional car parking but if there is a smooth surface to the parking area and an acoustic fence were erected along the boundary it is considered that impact would not be dissimilar to many other parking areas for flats across the Borough and that, on balance, the increased noise/fumes would not on their own be a valid basis on which to refuse planning permission. The applicant has now agreed to erect an acoustic fence along the northern boundary. A condition is proposed to deal with the surfacing materials and boundary treatment
8.12 With regard to the standard of accommodation proposed, all the flats meet the Council’s update SPG floorspace standards in terms of overall area, bedroom sizes/widths and bathroom accommodation. The rear amenity space for the flats at the rear meets the updated SPG standard of 20 square metres per flat.
8.13 The standard of accommodation proposed and the overall impact on amenity for adjoining residents is considered to be acceptable in accordance with adopted Policy H8 and the Council’s updated SPG.
Highways/Parking
8.14 The applicant has amended the proposal so that there would be two parking spaces on the existing frontage and seven more spaces in a rear parking area reached via the undercroft at no.24. The Council’s Interim Policy for Residential Car Parking Standards (February 2011) seeks two spaces per two bedroom flat. The proposal meets that standard and also provides a parking space for the outbuilding at the rear of the site (see paragraph 8.15 below). The existing access from Cuffley Hill in front of no.24 would remain and is adequate to serve the proposed development; there would be adequate space to turn cars. The previous commercial/residential uses generated traffic in the morning/evening peak and
A7 HCC Highways has not raised objection to the impact on traffic volumes on Cuffley Hill. The impact on the highway and the level of parking are considered to meet the requirements of Policy T3 and T11 along with the Council’s updated SPG.
Other matters
8.15 To the rear of the site there is a long, single storey outbuilding which straddles the boundary of this pair of properties. This structure which is brick-built to both sides with a central timber link building has no planning history and was not subject to building regulation approval. It is within the application site boundary but the applicant has no proposal for this element of the site beyond its reuse as a one bedroom bungalow. The structure has clearly been on site for a period well in excess of four years. In terms of its use, it has apparently been let out as a one bedroom dwelling in the past although it is currently unoccupied. It is understood that the immediate neighbour has confirmed in writing to the applicant that the outbuilding has been let as a separate dwelling for at least ten years. One parking space has been shown to serve this part of the site and an adequate amenity area is shown on the submitted layout.
Rear Outbuilding
8.16 The application previously showed a refuse store of adequate size close to the northern boundary. As this boundary adjoins the neighbouring house at 22 Cuffley Hill it was likely to result in loss of amenity to that house. The applicant has moved it further south in the site and split it in two to minimise the potential impact on amenity. The front and rear garden areas would be remodelled with hard and soft landscaping, both to be covered by conditions. The frontage would be improved by the introduction of a planted bed on the street boundary. There have been several objections in relation to use of the site for affordable housing. The applicant has written to confirm that the application form was completed in error and he has substituted a form to make it clear that the proposal is for open market housing. With regard to security, there is already access to the rear of the site and the applicant is now proposing both a vehicle and pedestrian gate to prevent access by non-residents. A condition is proposed to ensure that external security lighting is not intrusive.
A8 9. PLANNING OBLIGATION
9.1 This proposal for a change of use and residential conversion is subject to a requirement for planning obligation under the terms of Policy IMP2 of the Local Plan. In this case no. 24 is already a four bedroom house so there is no net increase in bedrooms. No.26 was a beauty salon on the ground floor and B1 office above; again, four bedrooms would be created. The applicant has noted that the upper floor of no.26 could become residential, subject to a prior notification procedure. This site is not subject to the Council’s article 4 direction in this regard. As such the applicant has offered the £3000 per bedroom for the ground floor conversion and half that sum for the upper floor given that he has a potential fall back position which would preclude any contribution on that part of the building. On balance it is considered that this level of contribution is acceptable. Such a Unilateral Undertaking is considered to meet the three statutory tests. The applicant has now completed the above obligation for £9000 to be paid upon implementation.
10. CONCLUSION
10.1 This application is slightly unusual given the uses and general make-up of the site. The principle of extinguishing the commercial uses and using the frontage building as four flats is considered to be acceptable. The standard of accommodation for future occupiers meets Council SPG standards as does the proposed level of parking. The rear outbuilding appears to be lawful as a structure. The impact on amenity for neighbours is the subject of strong objection. The report concludes that this impact is acceptable following amendments and subject to the imposition of planning conditions. The improvements to the front façade of the building and to the forecourt are welcomed. Overall the scheme is considered to be worthy of support.
RECOMMENDED that permission be granted subject to the conditions set out below and the applicant first completing a planning obligation under s.106 of the Town and Country Planning Act 1990 (as amended) for the terms set out in this report.
1. GEN01A – Standard Time Limit 2. GEN07 – Development in Accordance with Numbered Plans 3. GEN12 – Materials to match 4. GEN14 – Approval of Surfacing Materials 5. IND14 – Refuse Disposal (Notwithstanding the approved drawing) 6. RES04 – Obscured glazing to all service/stair windows 7. RES06 – Parking Area to be maintained 8. RES07 – Completion before Occupation (including surfacing) 9. RES17 – Parking Spaces Prior to Occupation 10. LS01 - Landscaping scheme 11. LS02 – Landscaping details 12. LS03 – Replacement planting 13. LS06 – No felling of trees agreed to be retained 14. LS07 – Protection of trees 15. LS09 – Works under tree canopy 16. VEH17 – Closure of existing access 17. GEN16 – Erection of acoustic fencing
A9 18. VEH18 – Drainage 19. Details of all external lighting 20. Hours of construction
Item 2: 07/14/0294/F
Location: Brook Farm, Cuffley Hill, Goffs Oak, Herts. EN8 4EX
Description: Change of use of land for holding no more than 15 weddings on weekends between 1 March and 30 September for a temporary period of one year commencing on 1 March 2015.
Applicant: J I Thomas & Son
Agent: Bidwells
Date Received: 01.04.2014 Date of Committee: 11.11.2014
Expiry Date: 30.09.2014 Officer Contact: Gill Forbes
RECOMMENDED that permission be granted subject to the conditions set out at the end of this report
1. Introduction
1.1 At the Planning and Regulatory Committee meeting of 30 July 2014, it was resolved to defer a decision on the above development to allow officers to hold further discussions with the applicant to ascertain if the following issues causing concern could be resolved:
a. The frequency of proposed events resulting in an over intensified use of Green Belt land;
b. Loss of amenity to local residents caused by the number of wedding events throughout the summer months (1 March to 30 September); and
c. Noise and vibration levels emanating from the events, resulting in disturbance to local residents.
1.2 The original committee report is appended.
A10 2 Update since July Planning and Regulatory Committee
2.1 A meeting to discuss the reasons for deferral took place with the applicant and agent in August 2014. Also present at the meeting were the applicant’s Acoustic Consultant, the Head of Planning and Development and representatives from the Council’s Environmental Health and Development Management Services.
2.2 Following the meeting referred to above, the applicant has removed the proposal for overnight camping facilities adjacent to the marquee. Accordingly this element of the development no longer forms part of this planning application.
Frequency of proposed wedding receptions and impact on the Green Belt, and the amenity of local residents
2.3 The proposal is, by definition, development which is inappropriate within the Green Belt. Accordingly, it should only be approved where very special circumstances can be demonstrated which outweigh the harm to the Green Belt. The previous committee report recommended that as large marquees and associated equipment are clearly visible from public footpaths, their presence should be restricted in order to preserve the character and appearance of the Green Belt and to limit the harm. The initial proposal by the applicant was to hold 25 weddings on weekends between 1 March and 30 September. Following the above meeting, the applicant has reduced the number of wedding receptions to 15. If members are agreeable to this, it is also considered that the total of number of days of occupation (including allowance for the time taken to erect and dismantle the marquee) should be limited to no more than 75 days which is more than double the number that would be allowed through permitted development.
2.4 It is considered that the reduction in the number of wedding events to 15 (and the associated occupation to no more than 75 days) would significantly reduce the harm to the openness and appearance of the Green Belt from the previous proposal. It would also prevent a degree of permanence being established for both the use and the structures associated with the events. Accordingly, whilst the use remains inappropriate development within the Green Belt, the resultant level of harm to its openness and character is reduced. Therefore, the threshold for demonstrating ‘very special circumstances’ is also reduced. If the maximum 15 wedding events were to be held, the open rural appearance of the site would be maintained for over half the number of weekends available during the period 1 March to 30 September. The marquees, which are set up on a Thursday before a wedding event, and dismantled on the Sunday/Monday immediately after are also only visible for a temporary period with the area being returned to its original rural appearance in between weddings.
2.5 The proposal therefore, complies with Local Plan Policy GBC14 (III), which requires that farm diversification schemes are of a scale and character appropriate to the rural location and that associated activity will not materially exceed that traditionally associated with the holding.
A11 2.6 With regard to the need for very special circumstances which outweigh the harm to the Green Belt, it is considered that the facility delivers a social function in that it provides an attractive alternative venue within the local area for wedding events. It also provides an economic function in supporting the farm enterprise and local suppliers. Limited details of the profit and loss accounts for the farming operation since 2009 have been submitted. These show fluctuating results, including a loss in 2012 and to date in 2014. These results are attributed to the volatility of wheat prices and the increased costs of fertiliser etc. that are used due to the quality of the land (Grade 3b). The applicant’s agent concludes that supplementary income from the proposal is required to sustain the farming enterprise. However, full accounts for Brook Farm including all income derived from other sources related to the site have not been provided and it is considered doubtful that the overall business will stand or fall on the holding of the wedding events. The applicant has provided confirmation that local businesses within a 15 mile radius of Brook Farm are recommended to clients to supply marquees, flowers, catering, music, wedding cars, photographers, generators and refuse and toilet facilities.
2.7 In conclusion, the applicant has not demonstrated that the proposal is essential to the overall farm business. However, the proposal for diversification from the arable farming operation does have a financial benefit in support of both the farm and also local companies, whilst the main use of the land continues as a farming operation. Given that it also provides a social function and bearing in mind that this is for a limited period that is subject to limitations restricting both the number of events and the number of days of associated activity, it is considered that on balance the case for ‘very special circumstances’ is sufficient to provide justification for permitting the development within the Green Belt. The proposal is therefore considered to comply with paragraphs 87 and 88 of the National Planning Policy Framework by demonstrating that very special circumstances exist to outweigh the harm to the Green Belt.
Impact on amenity of local residents from noise and vibration levels
2.8 Members will recall that 68 objections have been received from local residents relating to the use of the site for weddings. A frequently recurring complaint relates to disturbance from amplified music heard beyond the venue, and also the vibration caused by low frequency noise.
2.9 As a result, Environmental Health Officers have been in consultation with the applicant to agree a method statement setting out measures to be put in place at each wedding event to ensure music is inaudible at surrounding residential dwellings, the nearest of which is approximately 0.59 km from the site.
2.10 The method statement was received and agreed by Environmental Health in September 2014. The statement includes recommendations for the installation of an automatic volume control limiter set at a predetermined level and used in conjunction with directional speakers and a graphic equaliser. The sound levels would be set to prevent sound being audible from surrounding residential properties. The proposed equipment has subsequently been demonstrated to Environmental Health officers, who are satisfied the proposals would successfully mitigate noise.
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2.11 The applicant’s compliance with the method statement would be secured by condition. Members are advised that notwithstanding the grant of planning permission Environmental Health could take action under the Environmental Protection Act 1990 should there be a failure in the management of events. Following receipt of acoustic information it is recommended that any planning consent granted should be for a temporary period of one year, to allow the Council to maintain control and review the situation following installation of the sound restriction equipment proposed. The proposal therefore complies with Policy SUS8, which relates to noisy development.
Other Issues
2.12 Statutory bodies and objectors have been re-consulted on the amended application description. The consultation period expires 10 November and any responses received will be reported verbally to the Committee.
2.13 At paragraph 8.33 of the previous Committee report it was stated that the matter would have to be referred to the Secretary of State if recommended for approval. However, it has subsequently been identified that the development falls below the threshold for which referral is necessary.
3 Conclusion
3.1 Given the reduction in the frequency of wedding events proposed, and the submission of a method statement that has been agreed with Environmental Health, it is considered that the reasons for the initial deferral have been satisfactorily addressed. Although it remains for the applicant to demonstrate that the method statement will result in the total elimination of noise disturbance to local residents, the recommended grant of temporary consent will allow the Council to retain control of the use of site and monitor its impacts over the period of consent.
3.2 Whilst the use itself is not complementary to the agricultural operation of the farm, it occupies, on a temporary basis only, a small percentage of the farm land (4.6 hectares of the 182 hectares total area of Brook Farm) and does not prevent, or dominate, the agricultural use - nor does it have a detrimental impact on existing employment on the site. Accordingly, the use complies with Policy GB14 (I and II) of the Local Plan which relates to farm diversification schemes.
3.3 Given the temporary nature of the enterprise and its relative isolation from public views, it is considered that there is a case for ‘very special circumstances’ which outweighs the harm to the Green Belt. This presupposes that the noise impacts can be successfully mitigated and these will be carefully monitored if the application is approved. If the applicant chooses to reapply after the temporary period has lapsed, it is anticipated that an extension would only be approved if that mitigation has been successful. The temporary period will also enable a more thorough assessment of the economic impact of the events on the wider enterprise.
Overall, it is considered that the proposal complies with Local Plan Policies SUS8, GBC2, GBC14, T3 and T11.
A13
RECOMMENDED that planning permission be granted subject to the following conditions:
1. Development in accordance with numbered plans 2. Limited permission (1 March 2015 to 29 February 2016) 3. Personal permission – applicant 4. Days of Use – Thursday to Monday 5. Hours of use –Friday to Saturday 09:00 – 01:30 & Sunday 09:00 – 23:30 6. Thursday set up only. Monday take down only 7. Restriction to use applied for – land – maximum 15 events over 75 days 8. Noise levels – inaudible at surrounding residential dwellings 9. Parking area to be maintained 10. Specified Access (Cuffley Hill)
ORIGINAL REPORT
1. CONSULTATIONS
1.1 Environment Agency - no objection subject to an informative in relation to any proposed works within 8 metres of Cuffley Brook.
1.2 National Grid – No objection
1.3 Environmental Health – Requested acoustic report due to noise complaints received from residents. Following receipt of the acoustic report a condition has been recommended for the applicant to provide an automatic volume control limiter, set to exceed no higher level than 75dBA Leq (1 min) (f), when measured at 10 metres from the speakers, together with a graphic equaliser to control low frequency noise to avoid the potential for noise disturbance to local residents.
1.4 Hertfordshire Highways – Initially objected due to insufficient information. Re- consultation took place following submission of further highways assessment. The objection was withdrawn subject to conditions to improve vehicular access and gradient of track adjacent to highway, and for on site vehicular areas to be surfaced and marked out in accordance with details to be submitted and approved by LPA.
1.5 Welwyn and Hatfield District Council – No comments
2. PUBLICITY
2.2 The application has been advertised by means of a site notice, newspaper advert and letters to occupiers of neighbouring properties: expiry 3rd July 2014.
3. REPRESENTATIONS
3.1 2 letters of support and 68 objections have been received. The concerns raised are summarised as follows:
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Frequency of events; Inappropriate development in the Green Belt; Sets precedent for change of permanent use of Green Belt land; Conflict with character of area; Intensification of use as Brook Farm site farm buildings also let out to nine different companies; Website advertises additional events at Brook Farm i.e. Clay Pigeon shooting, Game Shooting and function room for hire; Noise disturbance to local residents; Loud music heard until 2am in the morning; Sound travels and music has been heard from long distance from the venue (Tolmers Road); Light pollution from venue; Prevents local residents enjoying the peace and tranquillity of their own gardens through the entire summer months; Vibration from bass beat of music can be felt by local residents; Detrimental to tranquillity of countryside; Event marquees visible from public footpaths which visually harms area of outstanding beauty; Detrimental to wildlife; Disturbance extends over several days due to the need to erect and take down structures and equipment; Increased traffic generation along Cuffley Hill; Dangerous position of access to site could lead to highway safety issues; Has access for emergency vehicles been considered? No commercial benefit to local community; Could lead to the use of the land for quad biking, music festivals etc;. Destruction of farming resource; No mention of numbers of staff required on site or limits to number of public attending events, should be limited for safety reasons and Site lies in a natural valley with no barriers to residential dwellings so noise carries.
The letters of support relates to the provision of an affordable wedding reception facility in the vicinity of the church in Northaw and if the farm is not generating a satisfactory income they could opt to sell the land for development which would be worse.
4. RELEVANT LOCAL PLAN POLICIES
4.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001-2011 (adopted December 2005) apply:
SUS8 Noisy development SUS9 Requirement for a noise impact study GBC2 Development within the metropolitan Green Belt GBC6 Proposals for non-agricultural uses of Green Belt land
A15 GBC7 Buildings required in association with predominantly open uses of Green Belt land GBC14 Rural diversification GBC16 Landscape character areas and enhancement T3 Transport and new development T11 Car parking
4.2 Also applicable is the National Planning Policy Framework (NPPF) March 2012. The chapters of particular relevance for this application are 3 (Supporting a prosperous rural economy), 9 (Protecting Green Belt land) and 11 (Conserving and enhancing the natural environment).
5. LOCATION AND DESCRIPTION OF SITE
5.1 Brook Farm occupies approximately 182 hectares of land that lie within the Green Belt adjacent to the eastern boundary of the Borough of Broxbourne. The land in this area is strongly undulating with a mixture of open farmland and wooded areas. Cuffley Brook runs north-south along the western boundary of the farmland. Parts of the farm lie within flood zones 2 and 3. Public footpaths situated on higher land provide access to the countryside providing views across Brook Farm.
5.2 The farm is an agricultural holding. Dairy and beef farming previously operated at the site but this use has been replaced by arable farming, together with the provision of facilities for a range of leisure activities, including game and clay pigeon shooting, hiring of land for events, and leasing of farm buildings for storage to several separate companies. The other existing uses on the farm which have come to light will be reviewed separately by the Council’s compliance officer.
5.3 Cuffley Hill which is a busy B classified road linking Cheshunt and Cuffley, bisects Brook Farm. The farm house and a number of large barns lie on the northern side of the highway, and open grassland and fields of crops on the southern side. An unmade-up track on the southern side of the highway provides access through a gateway into the farm off Cuffley Hill. The track leads south until it terminates at a turning head to the south of a lake which is surrounded by mature trees with a relatively level area of open grassland adjacent. It is this area of land where marquees have been periodically erected and events such as wedding receptions have taken place occasionally since 2011. This area of land is subject to the proposed change of use.
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5.4 The event area is approximately 4.6 hectares and comprises grassland, lake, Cuffley Brook, farm track and turning head. There is space provided for the erection of temporary marquees, ancillary catering tents and portable toilets, with vehicle parking to the side of the track adjacent to the lake. The site is located within a natural amphitheatre style setting with higher ground consisting of farmland and woodlands surrounding it.
5.5 There are bus services running along Cuffley Hill and Brook Farm is a short walk away from Cuffley Railway Station. However, the location of the event venue is set a long way back (approximately 0.89km), from the highway down an unlit farm track so it would not be likely that wedding guests would arrive on foot.
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Site plan showing proposed wedding event area and route from Cuffley Hill.
A18
Wedding event site.
Wedding event with tepees being set up as viewed from public footpath 15th May 2014.
Marquees being set up for wedding event 1st May 2014
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Section of the farm track forming the route between the entrance to the southern area of Brook Farm, and the lakeside venue.
Section of the turning head, with open grassland beyond which is available for guests attending wedding events to camp overnight.
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Wedding event layout being constructed with the lake on the left and marquee on the right.
6. PROPOSAL
6.1 The proposal is to change the use of the land to allow 25 weddings to be held on weekends between 1 March and 30 September. The proposal as originally submitted included ‘events’ as well as weddings because some corporate events and birthday parties have also been held at Brook Farm. However, the term ’event’ was not considered by the Council to be specific enough to allow a proper assessment of the proposal to be made and the description was amended at the request of the applicant to weddings only.
6.2 It is understood that the use of the 4.6 hectares site lying in the southern area of Brook Farm was offered as a venue for wedding receptions and parties less frequently in the past, and the applicant took advantage of permitted development rights which allows the temporary change of use of land for no more than 28 days in any calendar year. The number of events has increased over the last year. Due to the intensification in the change of use of the site planning permission is required.
6.3 The number of events is believed to have exceeded 28 days in 2013. From the number of temporary licences issued by the Council, and details provided by local residents it is also evident that 28 days has already been exceeded in 2014. For the purpose of calculating the 28 day period the time to set up and take down marquees and equipment has been included and the applicant advises that each wedding event involves activity on the site over a 5 day period, for example:
Thursday – setting up equipment and temporary structures; Friday – decoration of marquee Saturday – event takes place Sunday – clearance and dismantling of temporary structures begins Monday – site cleared
A21 6.4 The permitted development ruling in planning for the inclusion of setting up and site clearance periods within the 28 days has been checked by the Council with a barrister. He concurs with the Council’s stance of including the preparation and clearing away before and after events in the 28 day period.
6.5 The wedding events typically involve up to 200 guests, (although a 2014 Premises Licence states that guest and staff numbers will not exceed 300), and informal parking is provided within the site based on an estimated 80 cars. An indicative parking plan shows an informal parking area, with many cars tandem parked between the track and the lake. It is stated in supporting documentation that additional overspill parking can also be accommodated within the site if required.
6.6 The applicant states that overnight camping following an event such as a wedding reception is allowed on the same area of land and the fields within the site provide sufficient space for camping. No details have been provided regarding either the frequency that this occurs, or the numbers involved.
6.7 When wedding events are being held mobile WC units are provided on the site, and removed as part of the site clearance when the marquees etc. are taken away.
6.8 Although this application only refers to wedding events a Premises Licence has been issued July 2014 to run until July 2015. The activities authorised by the licence are supply of alcohol and late night refreshment and holding events such as plays, films, live music, recorded music and performance of dance on a Friday, Saturday and Sunday. The licence allows for the supply of alcohol until 1.30am on Fridays and Saturdays and 23.30 on Sundays and for plays, films, recorded music and performance of dance until 2am on Fridays and Saturdays and midnight on Sundays.
7. RELEVANT HISTORY
7.1 A change of use application was approved in 2008 for the use of a garage as a shoot reception area – reference 7/436/08 so it is likely that game and/or clay pigeon shooting was already taking place at Brook Farm. A few noise complaints were received by Environmental Health Services in relation to game shooting at the site. There have been no applications in relation to holding wedding or other such events on the site.
8. APPRAISAL
8.1 The main issues for consideration for this proposal are as follows:
Impact on the openness and appearance of the Green Belt; Principle of allowing diversification from appropriate Green Belt uses; Impact on the amenity of local residents; Highways and parking;
Impact on the openness and appearance of the Green Belt
A22 8.2 The NPPF states in paragraph 87 that inappropriate development is harmful to the Green Belt and should not be approved except in very special circumstances and:
“When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.”
8.3 There is no definition of the meaning of ‘very special circumstances’ within the NPPF. However, for guidance purposes the following factors are thought to be relevant when considering what constitutes ‘very special circumstances’
1. Does the application proposal have any characteristics that help the development to outweigh the harm to the purposes for which the Green Belt was designated?
2. Is there a substantial economic need, especially at a national or regional level?
3. Are there substantial cultural, social or community benefits?
4. Is there a substantial housing need that cannot solely be met within the urban area?
8.4 The erection of large marquees and associated equipment on an open field, that is clearly visible from public footpaths nearby, is not considered compatible with the site’s Green Belt characteristics. The proposed change of use has no mitigating features that would outweigh the harm to the Green Belt.
8.5 The applicant states that the change of use of the site is to provide “essential supplementary income to support the agricultural enterprise”. However, no evidence of the need for such support has been provided. Any financial evidence would relate to the personal circumstances of the applicant only, and would have no bearing at national or regional level.
8.6 The proposed change of use would provide a wedding venue for public use, but this is on a relatively small scale and would not be considered a substantial cultural, social or community benefit.
8.7 The reference to housing in point 4 above is not relevant to this proposal.
8.8 Local Plan Green Belt policies also do not support development which does not preserve the openness and character of the Green Belt, and where buildings would be prominent in views from local vantage points. The introduction of large temporary structures has a detrimental impact on the appearance of the Green Belt. Increasing the periods that the structures are in situ would have a greater impact on the openness and appearance of the Green Belt as they would be seen more frequently by more people on public footpaths on higher ground nearby. The structures are clearly visible from outside of the site and their presence should be restricted in order to preserve the character and appearance of the Green Belt.
A23 8.9 The proposal to change the use of the land to non agriculture or horticulture purposes would not be compatible with the NPPF or Local Plan Green Belt Policies which seek to preserve the openness and character of the land and where there are no ‘very special circumstances’
8.10 Overall, the proposed change of use to hold 25 wedding events is not considered compatible with Policies, GBC2, GBC6(b), GBC7, GBC16 or the NPPF as the frequency and character of the use would not respect the rural location and no very special circumstances have been demonstrated.
Principle of allowing diversification from Green Belt uses
8.11 The NPPF paragraph 28 supports the development and diversification of agricultural and other land-based rural businesses and rural tourism and leisure developments that benefit businesses in rural areas, and which respect the character of the countryside.
8.12 Local Plan Policy GBC14 also supports rural diversification where the proposal is complementary to the agricultural operation and states that ‘farm diversification schemes will be permitted where’:
I) The proposal retains existing, or provided additional employment;
II) The proposal is complementary to the agricultural operation and will be operated in support of the farm holding and in association with continuing farming activities:
III) The scale and character of the use is appropriate to the rural location and the amount of activity associated with it will not materially exceed that traditionally associated with the holding;
IV) The proposal utilises existing buildings which fulfil the criteria of (a) of part (I) of Policy GBC15;
V) The proposal will not result in a material increase in commercial traffic on rural roads and,
VI) The proposal will not have a materially greater impact in terms of the local environment, residential amenity, archaeological or ecological interests.
8.13 The applicant states that the use of Brook Farm as an arable farm growing wheat and cropping hay will continue. The wedding event site of 4.6 hectares is small in comparison to the overall size of the farm which equates to approximately 182 hectares. The Planning Statement submitted with this application quotes the reason for diversification ‘to provide essential supplementary income to support the agricultural enterprise’ as agricultural subsides ‘may be lost, or significantly reduced which would mean that it will not be financially viable to farm the land’. However, no accounts, or other financial details have been provided to support this statement.
A24 8.14 The venue is on a spacious area of private land located well within the farmland. The wedding events are held in an attractive location with a scenic lake as a backdrop and the land is well maintained and tidy. Structures used for the wedding events are temporary and the site is cleared after each event. However, the use of this site for 25 wedding events on weekends between 1 March and 30 September would result in the events being held throughout the summer when local residents are most likely to be out in their gardens, or walking the public footpaths around the site. Therefore, the scale and appearance of activities on the site are important factors as there is more likelihood that local residents would be affected by the changes to the use of the land during the summer months.
8.15 The frequency of the events is therefore considered to be excessive as holding 25 wedding events at weekends throughout the summer would mean disruption every week-end from March to the end of September resulting in a materially greater impact on the local environment and residential amenity.
8.16 The wedding events would also result in an increase in traffic as approximately 80 cars are estimated to attend the site. Although Cuffley Hill cannot be classed as a rural road, Brook Farm lies within the Green Belt and has a rural character so the use of the farm track by such a large number of vehicles would result in a material increase in traffic within the farm which is not compatible with the character of the site. Although there are no objections from Hertfordshire Highways to the increase in traffic using the farm track, their comments relate specifically to likely impact on the local road network, and the track is on private land.
8.17 The proposed change of use would not utilise any existing buildings so point (IV) of Policy GBC14 is not relevant in this instance.
8.18 The proposed change of use of the land to hold wedding events is a separate use that is not complementary to the agricultural operation.
8.19 Overall the proposed diversification of farm land within the Green Belt to hold 25 wedding events is not considered to comply with Local Plan Policies GBC2, GBC6(B), GBC14 or SUS8. The use of the Green Belt for wedding events would have a detrimental visual impact on the local environment and result in disturbance to local residents and would not be complementary to the existing agricultural operation.
Residential amenity
8.20 The temporary structures and marquees used on the site are large and visible from frequently used public footpaths nearby although not from surrounding houses. These structures, although temporary do not respect the character of the area. If the use of such structures were kept to a minimum their presence would be unlikely to be unduly detrimental to local residents. However, if they are erected frequently on weekends throughout the summer period their presence would appear more permanent and intrusive to the detriment of the visual amenity of local residents who are likely to see the structures regularly when using the nearby footpaths.
A25 8.21 The wedding events also generally involve amplified music, the sounds of which are heard beyond the venue, as evidenced by a number of noise complaints. The degree and direction in which the sound travels is likely to be influenced by other factors such as wind direction and strength, type of music being played as well as the volume of the noise. Therefore, an acoustic report was requested from the applicant. The report was produced following an acoustician’s attendance at a wedding event. The results showed that the event monitored sound levels significantly exceed the ambient local noise level. As a result mitigation measures were suggested to limit noise.
8.22 Environmental Health has reviewed the acoustic report and recommends that the applicant would need to install equipment to limit the level of music at the site so that it does not exceed 75dBA Leq(1min) (f) when measured 10 metres from the speakers. It is considered that the most practical method of achieving this level is for the applicant to provide an automatic volume control limiter and sound system for the use of visiting DJs. The noise limiter should be installed under the supervision of an acoustic consultant at each event with an activation level of 75dBA, and should include a graphic equaliser to control low frequency noise. The equipment would be used at each event where amplified music is to be played, and involves plugging music equipment into a device that would reduce sound to the set level. Environmental Health advises that this device would not work for live bands or mobile DJs.
8.23 The restriction of sound levels to 75dBA is recommended by Environmental Health following their observations carried out on 5 July 2014 in connection with a wedding event. Sound levels were recorded at 75dBA at this event by an officer just outside the marquee, at the foot of the dance floor. During this arranged observation officers positioned themselves at six sites around the venue from which complaints of noise had been received, and confirm that no noise could be heard.
8.24 The applicant has reviewed the recommendation by Environmental Health and states that the proposed condition is prohibitively restrictive and not acceptable as it will prevent wedding events taking place. Instead, a higher sound level is proposed up to 11pm with an increased of no more than 2db in the LA90 (1min)(f) and no more than 3db in the real time simultaneous Leg(1min)(f) for music. Environmental Health however, state that this increased sound level will be such that it will he heard at local houses which is the reason 75dBA is considered appropriate.
8.25 Local residents have also raised complaints about the vibration from bass notes which can be felt at surrounding dwellings.
8.26 These issues of noise and vibration could be acceptable if infrequent, but have a greater impact on the amenity of local residence the more often they occur.
8.27 The proposed use of the Green Belt site for 25 wedding events with amplified music played above the level recommended by Environmental Health is not considered to comply with Local Plan Policies SUS8 or GBC14 at it would disturb the tranquillity of the surrounding rural area and have a detrimental impact of the amenity of local residents.
A26 Highways, parking and access
8.28 The Highway Authority has assessed this proposal and the additional information that was provided in a Transport Statement and trip survey. No objection has been raised, subject to the use of conditions to provide additional plans to better define the site entrance and ensure the access is not steeper than 1:10, and for on site vehicular areas to be accessible, surfaced and marked to the Local Planning Authority’s approval. However, any changes would have to be suitable to retain the appearance of the understated farm entrance in order to retain the character of the area.
8.29 In terms of Council parking standards, the site is large and there is ample space to park more than the 80 cars estimated to attend the wedding events as detailed in the Transport Statement without creating any overflow parking on the highway.
8.30 The proposal is considered to comply with Local Plan Policies T3 and T11.
Other matters
8.31 Objections have been raised regarding lack of information to show that access for emergency vehicles has been considered. However, the farm entrance and track is wide enough to allow farm tractors and other large vehicles to travel through the site so emergency vehicles would be able to use the same route.
8.32 Disturbance to wildlife has also been raised, but this is a large site and wildlife would be able to roam away from the event site. There is also constant background noise from traffic on the M25 and trains pass through the farmland via a viaduct so any wildlife would already be subjected to noise disturbance. An ecologist has been consulted by the applicant’s agent who, after comparing the proposal to other noisier scenarios does not consider that there would be any detrimental impact on wildlife. Although no written details from an ecologist have been provided his conclusion is considered feasible considering the location of the site.
8.33 As this site is over 1 hectare members are advised that if it is resolved to approve this application for change of use of Green Belt land, the matter would have to be referred to the Secretary of State for consideration.
9. CONCLUSION
9.1 The proposed change of use of a 4.6 hectare area of farmland to hold 25 wedding events from 1 March to 30 September would represent an unacceptable intensification and inappropriate use of this Green Belt site to the detriment of the character and appearance of the Green Belt and the amenity of local residents.
9.2 Although, the Council seeks to encourage local businesses and supports diversification the proposed scheme has been looked at in great detail and the assessment reveals a number of areas of concern;
A27 1. The frequency of proposed events resulting in an over intensified use of Green Belt land,
2. Loss of amenity to local residents caused by the number of wedding events throughout the summer months (1 March to 30 September), and
3. Noise and vibration levels emanating from the events, resulting in disturbance to local residents.
9.3 It is therefore proposed that further discussion take place with the Applicant to establish whether these issues can be satisfactorily resolved.
RECOMMENDED that permission be deferred for officers to hold further discussions with the applicant to find out if the issues causing concern can be resolved.
Item 3: 07/14/0843/F
Location: Speakerbus Ltd, Fourways House, Ware Rd, Hoddesdon, Herts, EN11 9RS
Description: Redevelopment of site to provide a 60 bed care home for the elderly, including access, parking, gardens and landscaping
Applicant: B&M Care
Agent: PPML Consulting Ltd
Date Received: 18/09/2014 Date of Committee: 11.11.2014
Expiry Date: 19/12/2014 Officer Contact: Peter Quaile
RECOMMENDED that: permission be granted subject to the conditions at the end of this report.
1. CONSULTATIONS
1.1 HCC Integrated Care Commissioning – No response to date HCC Highways – No objection subject to conditions HCC Waste & Minerals Team – No Objection NHS Hertfordshire – there will be a significant impact on general medical services and a contribution of £15,522 is sought to mitigate the impact. Environmental Health – Reply to be reported verbally Herts Constabulary – Express concern over security on site – needs further consideration BoB Tree officer – No objection subject to conditions.
A28 2. PUBLICITY
2.1 The application has been advertised by means of a site notice and advert along with letters to occupiers of neighbouring properties: expiry of consultation period 20th October 2014.
3. REPRESENTATIONS
3.1 Two representations objecting to this proposal have been received from neighbours to the site. A summary of objections is as follows:
Overlooking and consequent loss of amenity and privacy at existing houses adjoining the site The scheme will lack parking spaces in an area which already suffers from significant resident parking stress. Loss of view of sky and trees The whole of the north side should be single storey as at present so that sunlight will reach the gardens – the tree at the end of the garden at 17 Southfield Rd will need to be maintained as it has in the past.
4. RELEVANT LOCAL PLAN POLICIES
4.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001- 2011 (adopted December 2005) apply:
SUS1 Sustainable Development Principles H2 Maximising the Development Potential from Sites EMP6 Local Employment Sites H16 Residential Care Homes HD13 Design Principles HD14 Design Statement on Local Character HD17 Retention /Enhancement of Landscape features T3 Transport and New Development T11 Car Parking
4.2 Under the provisions of the NPPF the Council is required to deliver a wide choice of high quality homes and to provide a mix of housing to meet current and future demographic needs.
5. LOCATION AND DESCRIPTION OF SITE
5.1 The site is located near to Fourways roundabout where Hertford Rd, Ware Rd and Duke St converge and is around five minutes’ walk to the north of Hoddesdon town centre. The site is bounded predominantly by a combination of houses and flats but a small length of the north-western boundary is shared with a petrol filling station. It falls within the Council’s Accessibility Corridor but is outside any conservation area and is not designated as a flood zone. There are no other planning constraints or environmental restrictions to development at this site.
A29
A30 5.2 The site comprises a complex of commercial buildings in a mixture of two storeys to the frontage and extensive single storey accommodation to the rear of the site including an L-shaped block which forms much of the southern boundary and a part of the eastern edge. The main frontage building appears to date from the middle of the last century and is built of facing brick and a plain tile roof. The single-storey buildings are utilitarian in appearance with mono-pitch roofs of roofing felt/corrugated material. Most of the site is hard-surfaced in a mixture of predominantly concrete and some shingle to the rear. There are mature trees to the eastern and western boundaries.
6. RELEVANT PLANNING HISTORY
6.1 There is no relevant planning history save for works associated with the commercial use of the land.
6.2 This site is identified as a potential site for residential development in the Council’s SHLAA.
7. PROPOSAL
7.1 This is a full application for the erection of a 60 bed care home which would have a lower ground floor with part 3 and part 2.5 storeys to the main road frontage then progressively lowering across the L-shaped site to form a 1.5 storey block at the northern part of the site. The structure would be traditional in form with elevations in brickwork with feature banding and a tiled roof. There would be a tower feature adjacent to the front entrance and there would be substantial chimney stacks at each end of the three storey element. The parking for 17 cars would be to the front and southern flank and access would be ‘in and out’ using the existing crossovers. There would be landscaping/gardens and patios to the east, north and west of the proposed blocks; the landscape bed on the frontage would remain as would all of the trees around the boundary. The bedrooms and communal dining/lounge space would be on the ground and upper floors. The lower ground floor would chiefly contain service areas but there would also be a chapel, training room, activity room and breakfast area. Lightwells would serve much of the lower floor.
A31 Site Layout
A32
Proposed Street Elevation
Proposed rear Elevation
A33
8. APPRAISAL
8.1 The main issues to consider are:
(i) The Principle of Development at this Site (ii) Scale and Design (iii) Amenity (v) Highways and Car Parking
The Principle of Development at this Site
8.2 The site is an established commercial site, albeit in a mainly residential part of the Borough. As such the proposal falls to be assessed in relation to Policies EMP6 and H16 of the Local Plan. Policy EMP6 seeks to retain local employment sites outside the designated commercial areas. In this case, although there would be 40 full time jobs lost by Speakerbus leaving, the care home would be more intensively staffed at 70 full time employees. The existing business is relatively high-tech as the company is understood to develop software for video conferencing and similar communication solutions. The proposal would entail creation of a range of relatively lower skilled jobs but highly likely to be locally sourced. Policy EMP6 emphasises the provision of jobs for the local workforce and in this context, even though this scheme is for a form of housing accommodation, the employment opportunities would outnumber the existing employment.
8.3 The Council’s Housing Market Assessment undertaken in 2012 recognises the increasing need for accommodation for the elderly and is in line with the preamble to Policy H16 which sets the criteria for assessing proposals involving residential care homes. These criteria include parking/access, amenity space and impact on existing residents around a site. These detailed matters are examined in the relevant sections set out below.
8.4 The principle of redevelopment of this site for a care home is considered to be acceptable.
Scale and Design
8.5 The scale of the proposal has been designed to be in keeping with the local townscape. There are two storey houses to the north, east and west, while to the south is a part two storey/part three storey flatted block. The central part of the frontage would be three storeys high dropping to 2.5 storeys to the northern part of the frontage. The eastern projection then drops to two storeys and, finally, the northern element falls to 1.5 storeys with velux-style windows to a training room above bedrooms. The front element would be set between five and seven metres further back from Ware Rd and at this distance and in the overall context the height and bulk of the structure is considered to fit within the established scale of this part of the Borough.
A34
Applicant’s Computer Generated Image
8.6 The proposed design is modelled on traditional forms and materials of red brick with banding, plain grey roof tiles to a steeply-pitched roof and stone window cills. The ridge would be flanked at each end by substantial chimneystacks. The proportions of the building are considered to be well-designed with a good ratio of window area to brickwork and a turret feature which is large enough to add interest to the composition without becoming visually dominant when viewed from Ware Rd. The northern part of the frontage and the eastern projection would be 2.5 storeys high with dormers breaking through the eaves. This detailing helps to assimilate the structure with the two storey housing in the area while adding variety to the roofline. The elevations step in and out sufficiently to provide ample articulation to the overall structure. Conditions are proposed to ensure that materials are submitted prior to the start of construction and that 100mm reveals are created for the external windows and doors. Subject to these conditions the scale and design are considered to be acceptable.
Amenity
8.7 There are two aspects to amenity which relate to this proposal. First, the impact on amenity for neighbours and secondly, the quality of amenity which would be provided inside and outside the proposed care home.
A35 8.8 With regard to the impact on privacy and outlook to the flanks and rear, where there are bedroom windows above ground floor level, there would be at least a ten metre gap to the boundary and well in excess of the 25m window to window distance to the adjacent houses. None of the second floor bedroom windows in the care home would overlook neighbours’ windows which serve habitable rooms. There would be some reduction in privacy to the rear gardens at the side and rear of the site but this would be offset by the improved openness which would be delivered by demolition of the outbuildings which run on the boundary above 3m high for a length of over 65metres. In addition, the large outbuilding at the northern end of the site is currently 1.5m from the rear boundaries of houses along Ware Rd and there are oil tanks in the gap. This situation would be replaced by a 1.5 storey building set 10 metres from the boundary which would significantly improve the outlook for adjoining residents. With regard to light reaching adjacent properties, those to the south would suffer minimal impact. The gardens of houses to the east, west and north would be overshadowed to a degree by the new structures but not to an extent which would be a valid reason to withhold permission. There would be no material loss of light to windows in the houses to the south, east and north. The impact to the north-west of the site is more complex. The new building would be half a storey higher and at this point, some seven metres set back into the site and two metres further away from the boundary. Although there would be some impact on daylight, the 45 degree light angle would break the new building at a distance of about 15 metres. In addition, due to the set-back, there would be significantly more sunlight reaching the back of the terraced house at 12 Ware Rd. On balance, the impact on daylight and sunlight is considered to be acceptable. Again with reference to 12 Ware Rd, the 2.5 storey element would be 1.5m from the boundary at its nearest point, but this would be at the end of its good-sized garden. The rear aspect would be significantly improved by removal of the existing out building and oil tanks and a 10 metre set-back replacing 1.5 metres at present.
8.9 The overall impact on amenity for adjoining residents is considered to be acceptable and would meet criteria C of Local Plan Policy H16.
8.10 As a long-term residence for elderly and infirm occupants it is important to ensure that there is adequate amenity both inside the block and in its garden and landscaping. Criteria (a) of Policy H16 of the Local Plan seeks to ensure such adequate provision. The statutory body which inspects care homes is the Care Quality Commission (CQC). Its guidance requires a minimum of 12 square metres for a bedroom with en-suite in a care home for the elderly – as well as the usual common rooms and dining rooms. The proposed development meets or exceeds the space standards for bedrooms and would have substantial dining and lounge areas on the ground floor with direct access to the gardens. All the ground floor bedrooms would have at least 10 metres outlook to the boundary.
8.11 The blocks would have adequate set-back from their respective boundaries and while the gardens in this urban setting would not be extensive, it is the quality and accessibility of outdoor space which is of most importance in the context of frail elderly residents: the CQC does not set out minimum standards for garden areas. The applicant has emphasised that they attach great importance to this element of the scheme and achieving good accessibility via patios and paths. It has also been suggested by the applicant that raised beds and sensory gardens would be
A36 available to assist the residents with restricted mobility and those suffering from dementia. To clarify this point, the applicant has submitted a drawing (below) which shows the garden and patio areas proposed as part of the scheme and have supplied details of three other similar facilities which they have built and run in Hertfordshire, two of which have comparable amounts of outside amenity space. Although the space around this proposal is less than may have been achieved on other schemes within this Borough, the main outside amenity areas in total reach nearly 1200 square metres. The Council’s updated SPG seeks 20 square metres per flat: even though these 60 residents are not in self-contained flats, the garden space would meet the SPG standard for flatted blocks. In its own context and that of residents mainly well over 80 years old, the open areas are considered to be sufficient to meet the Local Plan policy requirement for “adequate provision…. for amenity space” (Policy H16). All the significant trees to the western and eastern boundaries would be retained and there would be additional shrub and bedding planting along with timber arbours for sitting outdoors. A condition would require full details of high quality landscape/ garden provision and its long-term maintenance.
8.12 The level of amenity for future residents of this facility is considered to be acceptable.
Illustrative drawing showing the proposed open space around the building
A37 Highways/Parking
8.13 The applicant has submitted a transport statement and a green travel plan. It notes that comparatively little of the traffic using the site would be in peak hours and that only 18 of the 70 care staff are likely to be on site at any one time due to the 24 hour, three shift system under which these care homes operate. The applicant’s statement indicates that there will be reduced pressure on the local road network when compared to the current use and HCC Highways has not objected to the principle of this proposal. The existing accesses would be re-used and with reduced traffic volumes there is no reason to consider that there will be a material impact on road safety. HCC Highways has suggested conditions relating to visibility, the detailed design of the crossovers and access for service vehicles and these are set out at the end of this report. The Green Travel Plan has been assessed by HCC Highways and they are working with the applicant to achieve a finalised version. The Council’s Interim Policy for various uses including residential institutions sets the level of parking at 0.25 spaces per resident bed space plus one space per 10 staff on duty at any one time. In this case that would be 15 spaces for residents/visitors with two spaces for staff, giving a total of 17 spaces. The application layout shows provision of 19 spaces including a staff pool car space. As the site lies within the Accessibility Corridor and is fairly close to Hoddesdon town centre, the level of parking is consider to meet the requirements of Policy H16 of the Local Plan.
Other matters
8.14 The application shows a refuse store of correct size close to the southern boundary with access from the street frontage. A cycle store would also be provided in a similar location. One resident has raised the issue of views across the site of sky and trees. Views are not normally protected by planning policy/regulation. It is not considered that the building as proposed would have an oppressive or dominant impact on neighbouring residential occupiers due to it stepping down to the rear and as it projects northwards. The site has been used for commercial purposes for an extended period of time and environmental health has been consulted on the ground condition report submitted with the application. The applicant has liaised with the Police Design Service of Herts Constabulary in relation to security on site and has supplied satisfactory details of the fencing and other protection measures for future residents of the care home.
9. PLANNING OBLIGATION
9.1 This proposal for a residential nursing home is subject to a proposed planning obligation under the terms of Policy IMP2 of the Local Plan. In this case the applicant (who already owns the site) has offered a unilateral contribution of £5000 towards provision of a pedestrian crossing nearby the site. The location of the suggested crossing is unclear from the application and further information has been sought on this matter. If a crossing is impractical or unnecessary the sum offered could be vired to provide environmental or access enhancement in the vicinity of the site. In addition, NHS Hertfordshire has sought a sum of £15,522 to mitigate the impact on local medical services: such a contribution is considered to be
A38 supportable and such a use of a Unilateral Undertaking is considered to meet the three statutory tests.
10. CONCLUSION
10.1 This application seeks to provide much needed accommodation in the context of a steadily rising proportion of elderly people in the general population. The report concludes that the principle of substituting this use for a commercial use is acceptable. It has looked in detail at the standard of accommodation on site as well as the likely impact on neighbours and finds both elements meet statutory standards and the provisions of the Local Plan. The accesses are to be unaltered and the traffic implications for the local road network are uncontentious. The proposed parking provision would exceed the Council’s updated SPG standards. A unilateral obligation has been offered by the applicant. It is considered that the design will enhance the local streetscene subject to the use of good quality materials and finishes.
RECOMMENDED that the application be granted permission subject to the conditions set out below;
1. GEN01A – Standard Time Limit 2. GEN07 – Development in Accordance with Numbered Plans 3. GEN13 – Approval of Materials 4. GEN14 – Approval of Surfacing Materials 5. IND14 – Provision of Refuse Disposal Facilities 6. RES04 – Obscured glazing to all service/stair windows 7. RES06 – Parking Area to be maintained 8. RES07 – Completion before Occupation 9. RES17 – Parking Spaces Prior to Occupation 10. LS01 - Landscaping scheme to include details of structures and raised beds 11. LS02 – Landscaping details 12. LS03 – Replacement planting 13. LS06 – No felling of trees agreed to be retained 14. LS07 – Protection of trees 15. LS09 – Works under tree canopy 16. Submission of revised drawings of both vehicle crossovers 17. Provision of ‘in’ and ‘out’ signage 18. Further drawings to show details of the access and turning for service vehicles 19. Wheel cleaning and traffic management for construction vehicles 20. Submission of an amended Green Travel Plan at least three months prior to first occupation of the site 21. Standard Hours of construction work
A39 The following schedule sets out the applications outstanding in excess of the Statutory 8 week/13 week period as at 11th November 2014. Ref No Description & Location Reason for Expiry date Delay/Comments
LARGESCALE MAJOR 07/13/0899/O An outline planning application Under 28.01.2014 for a residential/mixed use consideration by development - Land to the west the Secretary of of Hoddesdon and east of the State A10 incorporating land to the north and south of the Dinant Link Road TOTAL MAJOR THIS MONTH: 1 TOTAL MAJOR LAST MONTH: 1
SMALLSCALE MAJOR 07/14/0026/F Residential development of 11 Awaiting s.106 30.11.2014 no two bed and 12 no three bed obligation. houses, 2 no three storey blocks of 14 no one bed and 34 no two bed apartments with associated access, car parking, cycle parking, refuse collection and amenity areas - Oaklands Yard Essex Road, Hoddesdon 07/14/0076/F Demolition of all existing Awaiting s.106 25.04.2014 buildings and replacement with obligation. the erection of 79 residential dwellings comprising 12 apartments and 67 houses, provision of open spaces and landscaping - Former St Marys High School Site, Churchgate, Cheshunt 07/14/0629/F & Conversion of offices to Awaiting s.106 31.10.2014 07/14/0613/LB residential development of 7 no. obligation. one bed and 3 no. two bed apartments with associated parking - 79 Crossbrook Street, Cheshunt 07/14/0569/O Outline application for 26.09.2014 residential development of 13 dwellings, access, car parking, public open space and other related development - Former Wormley Primary School St Laurence Drive Wormley
A40 TOTAL SMALLSCALE MAJOR THIS MONTH: 5 TOTAL SMALLSCALE MAJOR LAST MONTH: 1
MINOR 17.03.2011 07/11/0043/F Change of use of the existing first Awaiting floor of the property from B1 office withdrawal. and premises to C3 residential dwelling, subdivision of first floor to create 4 no. self-contained residential flats - 89-93 Turners Hill Cheshunt 10.11.2011 07/11/0730/O Outline application for new Awaiting s.106 footbridge over railway line at obligation. Park Lane, including bridleway route via level crossing to be discontinued with new alternative pedestrian footpath, cycle/bridleway route (Refer 07/11/0731/F) - Land opposite 116 Park Lane Waltham Cross 12.04.2012 07/12/0136/F Demolition of existing timber Awaiting s.106 framed extension and construction obligation. of a new single storey rear extension to existing A3 shop premises - 37 High Road Broxbourne 13.03.2013 07/12/0703/O Outline application for first floor Awaiting s.106 rear and side extensions, addition obligation and of a second floor and conversion additional to provide seven residential information re apartments (Re-submission parking 07/12/0064/O) - 75-81 High Street Waltham Cross 10.09.2013 07/13/0608/F Construction of 3 no. additional Awaiting two bed flats at third floor level - clarification on Former Hoddesdon Snooker Club S106 from site Conduit Lane Hoddesdon applicant. 23.05.2014 07/14/0123/F Single storey side extension to Awaiting s.106 Unit 4 to create new unit for B2/B8 obligation. (General Industrial and Storage) use - Land adjacent to Unit 4 Haslemere Industrial Estate Charlton Mead Lane Hoddesdon 09.06.2014 07/14/0335/O Outline application for the erection Under of a two bed detached dwelling consideration (Re-submission 07/13/0577/O) - Land rear of 83 Norris Rise Hoddesdon
A41 31.08.2014 07/14/0444/F Conversion and extension of 74 Awaiting s.106 and 76 High Street to create obligation. ground floor restaurant/A3 unit, smaller retail/A1 unit and three flats to the upper floors - 74 and 76 High Street Hoddesdon 27.08.2014 07/14/0566/F Re-alignment and introduction of Under traffic lights at the junction of consideration Brookfield Lane West and Flamstead End Road - Road Junction Brookfield Lane West and Flamstead End Road, Cheshunt 11.09.2014 07/14/0631/F Single storey light industrial unit Under for MOT Service Station (Re- consideration submission 07/13/0846/F) - Phoenix Garage Essex Road Hoddesdon 09.09.2014 07/14/0634/F Demolition of existing place of Awaiting s.106 worship and replacement with obligation. new Kingdom Hall and new minister's accommodation and new pedestrian access gate - Kingdom Hall Charlton Close Hoddesdon 10.11.2014 07/14/0777/F Upgrade existing main track to Awaiting allow all weather access, new ecological survey. track and upgrade and extend loading and stacking area - Box Wood, Goose Green, Lord Street TOTAL MINOR THIS MONTH: 12 TOTAL MINOR LAST MONTH: 17 OTHER 02.06.2008 7/0287/08/F/WOL Change of use of ground and first Awaiting floor to (B1) offices (Re-submission withdrawal. 7/1207/07/F/WOL) - 206 Turners Hill Cheshunt 03.09.2014 07/12/0110/F Change of use of ground floor shop Awaiting s.106 to 2 bedroom self contained flat - 23 obligation. Whitley Road Hoddesdon 23.05.2012 07/12/0253/LDC Certificate of lawfulness for an Under existing use of part garden for the consideration. storage of building materials part open and part enclosed - 2 Longfield Lane Cheshunt 04.04.2013 07/13/0107/F Change of use of first floor and loft Awaiting s.106 from offices (B1) to residential three obligation. bed self contained flat (C3) - 120 High Street Waltham Cross
A42 24.06.2013 07/13/0139/F Continued use of The Vicarage as a Awaiting s.106 17 bed hostel - 11 Amwell Street obligation. Hoddesdon 13.05.2013 07/13/0225/F Change of use of first floor offices Awaiting s.106 into one bedroom flat (Re- obligation. submission 0713/0087/F) - 105A High Street Waltham Cross 31.07.2014 07/14/0280/F Small animal sanctuary with visitor Under facilities including ancillary consideration. outbuildings and various non- illuminated signage (Re-submission 07/13/0491/F) - Lucky Horse Shoes Sanctuary, Cock Lane, Hoddesdon 27.05.2014 07/14/0294/F Change of use of land for holding 25 Awaiting weddings on weekends between 1 information. March and 30 September - Brook Farm Cuffley Hill Goffs Oak 19.09.2014 07/14/0393/F Change of use of ground floor from Awaiting s.106 retail to self contained two bed obligation. residence with single storey rear extension - 39 King Edward Road< Waltham Cross 31.07.2014 07/14/0483/F Change of use of first floor to self- Awaiting s.106 contained flat and loft conversion obligation. with rear dormer - 2 Clarendon Parade Turners Hill 12.09.2014 07/14/0636/F Change of use of ground floor unit Under from use class A1 (Retail) to use consideration class A5 (Hot Food Takeaway) with external wall mounted condenser unit and extractor flue at rear - 5 Manor Croft Parade College Road Cheshunt 25.09.2014 07/14/0684/HF Single storey side and rear extension, re-position conservatory as outbuilding at end of garden - 4 Stockfield Avenue Hoddesdon TOTAL OTHERS THIS MONTH: 12 TOTAL OTHERS LAST MONTH: 12 GRAND TOTAL THIS MONTH: 30 GRAND TOTAL LAST MONTH: 31
J Stack Contact Officer: Chief Executive P W Quaile (ext 5562)
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