Body of Document

AREA PLANS SUB-COMMITTEE ‘WEST’

5 December 2018

INDEX OF PLANNING APPLICATIONS

OFFICER ITEM REFERENCE SITE LOCATION PAGE RECOMMENDATION

EPF/1117/18 The Drive Grant Permission Stapleford Road 1. Stapleford Abbotts (Subject to Legal 16 Essex Agreement) RM4 1EJ EPF/2060/18 61 Pancroft Grant Permission Lambourne 2. (Subject to Legal 26 Essex RM4 1BX Agreement)

EPF/2120/18 Lindsey House Grant Permission 15 Lindsey Street 3. Epping (Subject to Legal 34 Essex Agreement) CM16 6RB EPF/2481/18 8 Garden Fields Stanford Rivers Refuse Permission 4. Ongar 44 (Householder) Essex CM5 9PL EPF/2503/18 Warreners Theydon Road Theydon Bois Grant Permission 5. Epping 50 (with Conditions) Essex CM16 4EE Epping Forest District Council 123 Agenda Item Number 1 Stables

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Y a x h a M m id w a y Unauthorised reproduction infringes e Crown Copyright and may lead to Application Number: EPF/1117/18 prosecution or civil proceedings. Site Name: The Drive, Stapleford Road, Contains Ordnance Survey Data. © Stapleford Abbotts, Essex, RM4 1EJ Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1:1250

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No: 1

APPLICATION No: EPF/1117/18

SITE ADDRESS: The Drive Stapleford Road Stapleford Abbotts Essex RM4 1EJ

PARISH: Stapleford Abbotts

WARD: Passingford

APPLICANT: Mr Mark Blackshaw

DESCRIPTION OF Redevelopment to provide six semi-detached houses PROPOSAL: RECOMMENDED Grant Permission (Subject to Legal Agreement) DECISION:

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: 9821-01 9821-02 Plan showing conifer hedge 90430 02, block plan of existing house 90430 01, plans and elevations of existing house 9821-03 9821-04 9821-05 9821-06 9821-08

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 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.

5 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.

6 The window openings in the flank elevations shall be entirely fitted with obscured glass with a minimum Level 3 obscurity and have fixed frames to a height of 1.7 metres above the floor of the room in which the window is installed and shall be permanently retained in that condition.

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 Order 1995 as amended (or any other order revoking, further amending or re-enacting that order) no development generally permitted by virtue of Classes A, B or E of Part 1 of Schedule 2 to the Order shall be undertaken without the prior written permission of the Local Planning Authority.

9 Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. 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.

10 Prior to first occupation of the development, a scheme to enhance the ecological value of the site shall be submitted to and agreed in writing by the Local Planning Authority. The ecological value shall be quantified using the Biodiversity Impact Assessment Calculator (BIAC) where appropriate. The scheme shall be implemented in full prior to the occupation of the development hereby approved.

11 The access area shown on the approved plan 9821-03 shall be provided prior to the first occupation of the site and retained thereafter free of obstruction to enable a vehicle to turn and leave in a forward gear.

12 Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point for each dwelling shall be installed and retained thereafter for use by the occupants of the site.

13 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.

14 No ground works shall take place until details of levels have been submitted to and approved by the Local Planning Authority showing cross-sections and elevations of the levels of the site prior to development and the proposed levels of all ground floor slabs of buildings, roadways and access ways and landscaped areas. The development shall be carried out in accordance with those approved details.

15 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.

16 No development shall take place until a Phase 1 Land Contamination investigation has been carried out. A protocol for the investigation shall be submitted to and approved in writing by the Local Planning Authority before commencement of the Phase 1 investigation. The completed Phase 1 report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any necessary Phase 2 investigation. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance. [Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the Phase 2 site investigation condition that follows]

17 Should the Phase 1 Land Contamination preliminary risk assessment carried out under the above condition identify the presence of potentially unacceptable risks, no development shall take place until a Phase 2 site investigation has been carried out. A protocol for the investigation shall be submitted to and approved by the Local Planning Authority before commencement of the Phase 2 investigation. The completed Phase 2 investigation report, together with any necessary outline remediation options, shall be submitted to and approved by the Local Planning Authority prior to any redevelopment or remediation works being carried out. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance. [Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the remediation scheme condition that follows]

18 Should Land Contamination Remediation Works be identified as necessary under the above condition, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved remediation scheme unless otherwise agreed in writing by the Local Planning Authority. The remediation scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures and any necessary long term maintenance and monitoring programme. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 or any subsequent version, in relation to the intended use of the land after remediation. [Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the verification report condition that follows]

19 Following completion of 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.

20 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 approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition.

21 No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority prior to such removal commencing.

22 No construction above ground level shall take place until details of surface water disposal have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the principle of sustainable drainage unless otherwise agreed in writing with the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

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

This application is before this Committee since the recommendation is for approval contrary to an objection from a Local Council and at least one non-councillor resident, on planning grounds material to the application (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council)). Description of Site:

The site comprises the house and garden of The Drive, a detached house set back from Stapleford Road, Stapleford Abbotts. The site is within a built-up enclave in the Green Belt. Not listed or in a conservation area.

The site is beyond a 3km buffer zone of the Epping Forest Special Area of Conservation (SAC).

Description of Proposal:

Redevelopment to provide six semi-detached houses.

An existing house would be demolished. Three pairs of semi-detached houses, accessed from a driveway to serve three dwellings previously approved, would be erected. The houses would be set in line running west/east. The pairs of semi-detached houses would be to the same design and have accommodation on three storeys. The houses would have three bedrooms; two bedrooms and a study on the first floor and a bedroom within the roof.

The houses would have a traditional appearance with the central part of the roof extending down to part of the eaves being just above the height of the entrance doors. Small front dormers would be set on this long slope of roof. At the sides of the semi-detached houses would be bays of two full storeys with front gables. External chimney breasts and chimney stacks would be set on the flank walls.

Relevant History:

The site itself has no relevant planning history. Planning permission (EPF/0781/17) was granted for six semi-detached houses on adjoining land to the southeast (STAP.R3 in Appendix 6 to the Submission Version of the Local Plan) and planning permission (EPF/3078/16) was granted for a bungalow and a pair of semi-detached houses on adjoining land to the northwest.

Policies Applied:

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

CP1 – Achieving sustainable development objectives CP2 – Protecting the quality of the rural and built environment CP3 – New development CP4 - Energy Conservation CP5 - Sustainable building GB2A - Development in the Green belt GB7A – Conspicuous Development RP4 – Contaminated land H2A – Previously Developed Land ST6 – Vehicle parking NC1 - SPAs, SACs and SSSIs U3B – Sustainable Drainage Systems DBE1 – Design of new buildings DBE2 – Effect on neighbouring properties DBE4 – Design in the Green Belt DBE6 – Car Parking in New Development DBE8 – Private Amenity Space DBE9 – Loss of amenity LL10 – Adequacy of provision for landscape retention LL11 – Landscaping schemes ST1 – Location of development ST4 – Road safety ST6 – Vehicle Parking I1A – Planning Obligations

The National Planning Policy Framework

The National Planning Policy Framework (NPPF) has been adopted as national policy since July 2018. 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.

Epping Forest District Local Plan (Submission Version) 2017:

On 14 December 2017, full Council resolved that the Epping Forest Local Plan Submission Version 2017 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.

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:

SP 1 - Presumption in Favour of Sustainable Development SP 2 - Spatial Development Strategy 2011-2033 SP 3 - Place Shaping SP 6 - Green Belt and District Open Land SP 7 - The Natural Environment, Landscape Character and Green and Blue Infrastructure H 1 - Housing Mix and Accommodation Types DM 1 - Habitat Protection and Improving Biodiversity DM 2 - Epping Forest SAC and the Lee Valley SPA DM 4 - Green Belt DM 5 - Green and Blue Infrastructure DM 9 - High Quality Design DM 10 - Housing Design and Quality DM 11 - Waste Recycling Facilities on New Development DM 15 - Managing and Reducing Flood Risk DM 16 - Sustainable Drainage Systems DM 18 - On Site Management of Waste Water and Water Supply DM 19 - Sustainable Water Use DM 20 - Low Carbon and Renewable Energy DM 21 - Local Environmental Impacts, Pollution and Land Contamination DM 22 - Air Quality P 12 – Coopersale, Fyfield, High Ongar, Lower Sheering, Moreton, Sheering and Stapleford Abbotts D 1 – Delivery of Infrastructure D 3 – Utilities D 5 – Communications Infrastructure

Consultation Carried Out and Summary of Representations Received

Number of neighbours consulted: 38 Responses received: CARRINGTON, STAPLEFORD ROAD – Object, site is outside of the village, site forms part of a pre-conceived plan which would not have achieved planning permission if submitted as one application, still forms part of green belt land and should not be over developed, existing sites are more than enough building on this piece of green belt land, no benefit or enhancement to the local community, would increase traffic flow onto an already busy stretch of road which can get very congested at peak times, already overstretched sewage system which regularly overflows causing raw sewage to contaminate the property known as Brookside.

AUTUMN SUN, STAPLEFORD ROAD – Object, a small housing estate, major impact on the local wildlife, vehicular access/egress on a danger point in the road where traffic decreases from 50mph to 30mph.

REJANI, STAPLEFORD ROAD – Object, this is promoting the loss of the village land and the community feel that once was, resources in the area are not able to support this, lack of suitable drainage in the area and the threat of flooding, the 'village' Doctors’ surgery is struggling to cope with existing patients.

PARISH COUNCIL - OBJECTION. This development is now 9 residential properties and we believe this is over development with no affordable housing. The proposed new access is on a busy 50mph road. There is already a drainage problem in the area (there is only a 6 inch drain). Flooding problems in the area in the past. We don’t believe the applicant has consulted widely enough.

Main Issues and Considerations:

The main issue with this proposal is considered to be Green Belt policy. Other considerations are the quality of the design in terms of appearance, impact to neighbours, and whether the proposed dwelling would offer adequate amenity to future occupiers.

Green Belt

The application site is within the Green Belt. Impact on the openness of the Metropolitan Green Belt is considered to be the main issue. The NPPF states, at paragraph 145, a local planning authority should regard the construction of new buildings as inappropriate in the Green Belt. At paragraph 143 it is stated that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

The proposal would replace a single house with six houses. The increase in the size of built form on the site would be considerable. There would be a corresponding significant reduction to openness. The proposal is therefore fundamentally contrary to Green Belt policy.

However, there are exceptions to the fundamental core of Green Belt policy which are set out at paragraph 145 of the NPPF. One such exception is limited infilling in villages. The proposal is for six dwellings, less than ten dwellings and therefore not a major development, and accordingly is limited. The application site would infill between a site for housing to the west, two houses and a bungalow on a former brownfield site, and a site for housing to the east, six houses fronting Stapleford Road and infilling a gap in development frontages along Stapleford Road. Stapleford Abbotts has previously been held to be a village.

Accordingly, the proposal is considered to be not inappropriate development in the Green Belt on the basis that it meets an exception to Green Belt policy set out at paragraph 145, at e).

Appearance of design

The design of the houses echoes the design of the dwellings on the sites to the east and to the west, the sites referred to with regard to whether the proposal represents an infill site. The pairs of semi-detached houses have a roof form composed of elements arranged in a way to provide visual interest, a range of materials is indicated which would lead to the houses having a traditional, vernacular style and the overall height of the houses, 8.4m, is modest due to a crown roof form.

The design of the houses and their layout are considered in keeping with their setting.

Impact to neighbours

The proposed houses are designed such that only a bathroom window or roof light would be on a flank elevation. Rear, south facing, windows would overlook open land towards the rear boundaries of properties on Bournebridge Lane. The distance between the southern boundary of the site and the nearest property on Bournebridge Lane would be 57m.

Front windows of the proposed houses would look onto a parking area then a common vehicular access area then the driveway to the site to the west. The southern boundary of Woodhaye would be at least 17m away from the front elevation of the nearest proposed house.

A flank wall of the nearest house on the site to the west would be more than 7m away from the western boundary of the application site.

A rear elevation of the nearest house on the site to the east would be some 18m away from the nearest house on the application site.

Amenity of future occupiers

All the houses would have adequate car parking provision.

South facing private amenity areas would be provided to the houses. Two of these private amenity areas would be of 72 sq. m with the others being considerably larger.

Regarding internal space standards as set out at policy DM 10; all the proposed houses would offer good accommodation.

Other matters

The site is more than 3km from the Epping Forest SAC. In the absence of any evidence that the proposed development would not singly or in combination, have any adverse impact on air quality, which could adversely impact on the SAC planning permission can not be granted unless or until a legal agreement under Section 106 has been entered into to secure appropriate mitigation. The type and level of mitigation that will be necessary is still under negotiation with Natural England but the applicant has expressed a willingness to enter such an agreement. Affordable Housing

The parish council has pointed out that this application taken together with the existing consent amounts to 9 houses and has suggested that affordable housing should therefore be required. Setting aside that this is a separate application, which is to be considered on its individual merits, the requirement for affordable housing set out n the LPSV is only triggered at 11 houses and therefore no affordable housing can be required.

Conclusion:

Taking account of the setting of the site, the proposal is considered to be limited infilling within a village and therefore not inappropriate development. The design, layout, access are all acceptable and suitable to the location and there will be no significant impact on surrounding residents. Subject to the legal agreement and necessary conditions the proposal is considered to accord with the relevant planning policies and it is recommended that planning permission be granted.

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: Jonathan Doe Direct Line Telephone Number: 01992 564103

Or if no direct contact can be made please email: [email protected] Epping Forest District Council 123 1 0 Agenda Item Number 2 5

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Unauthorised reproduction infringes Crown Copyright and may lead to Application Number: EPF/2060/18 prosecution or civil proceedings. Site Name: 61 Pancroft, Lambourne, Romford, Contains Ordnance Survey Data. © RM4 1BX Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1:500

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No: 2

APPLICATION No: EPF/2060/18

SITE ADDRESS: 61 Pancroft Lambourne Essex RM4 1BX

PARISH: Lambourne

WARD: Lambourne

APPLICANT: Mr Martin Aarons

DESCRIPTION OF Erection of one no. new two storey attached dwelling house. PROPOSAL: RECOMMENDED Grant Permission (Subject to Legal Agreement) DECISION:

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: 001, 002, 100, 101, 102, 103, 104, 105, 106

3 Prior to any above ground works, details of the proposed landscaping of the site, including retention of trees and other natural features and the proposed times of planting (linked to the development schedule), shall be submitted to and approved in writing by the Local Planning Authority. The approved landscaping shall be carried out in accordance with the approved details and at the agreed times.

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.

5 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.

6 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.

7 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. 8 Prior to first occupation of the development, a scheme to enhance the ecological value of the site shall be submitted to and agreed in writing by the Local Planning Authority. The ecological value shall be quantified using the Biodiversity Impact Assessment Calculator (BIAC) where appropriate. The scheme shall be implemented in full prior to the occupation of the development hereby approved.

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).

This application was deferred from the last Plans East meeting to enable Members to visit the site.

Description of Site:

The application site consists of a two storey-semi-detached dwelling within a generous corner plot. The site makes up part of a crescent of three pairs of semi-detached houses located around a small green set back slightly from the road Pancroft. A block of garages used by surrounding dwellings is located to the rear of the garden, with a dropped kerb and access onto Pancroft.

Pancroft is characterised by rows of mid twentieth century terraced dwellings and is located within the village of Abridge and is not within a conservation area or the Metropolitan Green Belt.

The site lies outside the 3km buffer zone with regard to visitor impact on the Epping Forest Special Area of Conservation.

Description of Proposal:

The proposal is to erect a two storey; three bedroomed dwelling which would form a terrace with numbers 61 and 63 Pancroft. Two parking spaces would be provided to the rear of the site.

Relevant History:

EPF/0713/15 - Detached 2 bedroom house with 1 parking space – Refused for the following reasons: 1. The proposed development fails to make adequate provision for parking for the proposed dwelling contrary to the aims and objectives of policy ST6 of the Adopted Local Plan and Alterations and the aims and objectives of the NPPF. 2. By reason of its incongruous siting, scale and design the proposed detached dwelling would result in an uncharacteristic development that would form a poor contrast with the prevailing pattern of development. It would not respect the character and appearance of the locality and consequently would be harmful to it, contrary to policies CP1, CP2 (IV), CP7 and DBE1 of the Adopted Local Plan and Alterations and the aims and objectives of the NPPF.

At that time the Parish Council raised no objection to the proposal. The possible way forward suggested in the officer’s report stated: “An attached property may be more in keeping with the surrounding area, following the design of the host property. Additional parking should also be provided to meet Essex County Council’s Parking Standards.”

Policies Applied:

Adopted Local Plan:

CP1 Achieving sustainable development objectives CP2 Quality of Rural and Built Environment CP3 New development CP7 Urban Form and Quality CP9 Sustainable Transport H3A Housing Density H4A Dwelling Mix DBE1 Design of new buildings DBE2 Effect on neighbouring properties DBE6 Car parking in new development DBE8 Private Amenity Space DBE9 Loss of Amenity ST1 Location of development ST2 Accessibility of development ST4 Road safety ST6 Vehicle parking NC1 SPA’s, SAC’s and SSSI’s

The National Planning Policy Framework

Epping Forest District Local Plan (Submission Version) 2017:

Paragraph 48 of the NPPF 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. 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:

The following policies are relevant:

SP1 Presumption in favour of sustainable development SP2 Spatial Development Strategy SP4 Place Shaping SP6 Natural Environment, landscape character and green infrastructure H1 Housing mix and accommodation types T1 Sustainable Transport Choices DM1 Habitat protection and improving biodiversity DM2 Landscape character and ancient landscapes DM9 High Quality Design DM10 Housing design and quality DM15 Managing and reducing flood risk DM16 Sustainable drainage systems DM21 Local environmental impacts, pollution and land contamination DM22 Air quality

Consultation Carried Out and Summary of Representations Received

Number of neighbours consulted: 10 Responses received: 10 OBJECTIONS RECEIVED

31, 32, 33, 34, 56, 57, 59, 60, 62 and 109 PANCROFT – Summarised as:

Concerns around impact on the character of Pancroft, design, neighbouring amenity, highway safety, loss of property value and issues surrounding potential disruption caused by the construction works.

PARISH COUNCIL: The Council OBJECTS to the planning application because the estate was built with open spaces and it is felt that this should be kept with the open spaces as first built. It will also ruin the symmetry of the close and damage the street scene. It is also felt that it may set a precedent for other developments on the estate

Main Issues and Considerations:

Principle of development

The application site is located within the built up area of Abridge. Abridge is a well established settlement with a number of services. It is considered to be a sustainable and appropriate location for additional residential development in principle. . Design and Character of the surrounding area.

The proposal has been carefully designed to match the host dwellings and the surrounding terraced houses. The spacing and location of the proposed fenestration and materials matches that of the existing pair of houses and would create an appearance identical to that of the surrounding terraced properties along Pancroft and would prevent the development form unbalancing the existing street scene. The appearance of the proposal from the eastern elevation would not appear dissimilar to that of a side extension to the host dwelling, with a canopy to match that of the existing property.

Whilst it is accepted that currently there are three pairs of semi detached properties around the green and that this proposal will change that symmetry, the green itself remains unchanged and given the careful design and siting the proposal would still maintain the overall distinctive character of the area. The proposal references local design features and the character of Pancroft which is made up of a majority of terraced housing

The previous application on the site which was for a detached dwelling was considered to be out of character as there are no detached properties in the locality and the design was inappropriate it is considered that these issues have been addressed.

Neighbouring Amenity and Amenity of Future Occupants

The proposed dwelling would not project past the principle or rear elevation of the host dwelling, no. 61 Pancroft and due to it’s limited scale and appropriate siting would not appear overbearing or cause any significant overlooking of the host dwelling. The proposed dwelling would be set in excess of 25 metres of the rear windows of the closest neighbouring property to the rear and is well separated from dwellings to the north by the existing garage block.

The host dwelling has a large garden of some 300 square metres at present. The proposal would reduce the host dwellings garden to approximately 100 square metres, however this is still considered ample in relation to the size of the dwelling. The proposed dwelling would be served by a garden with an area of some 130 square metres, providing a high standard of amenity space for future occupants.

In addition the proposed dwelling would have a floor area of approximately 94 square meetings, meeting the Nationally Prescribed Space Standards set out in policy DM 10 of the Submission Version Local Plan (2017), providing a good quality of accommodation for future occupants of the proposed dwelling.

Highways and traffic

At present the host dwelling has no designated off street parking. The proposal would create two ‘tandem’ style parking spaces to the rear of the proposed dwelling, for that new dwelling, in accordance with current parking standards. This would limit any strain on ‘on-street’ parking in Pancroft. Whilst the host dwelling has a licence to access the rear garden to store a caravan, the property has no formal off street parking and therefore no parking provision will be lost. Therefore it is considered that the proposal would not cause any significant harm such as to warrant refusal on highway grounds.

Whilst neighbouring properties have concerns about the impact of construction works on parking provision within Pancroft, this is not a material planning consideration, however hours of construction will be restricted by condition in order to minimise any disturbance to neighbouring amenity when works take place.

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) from local air quality issues within and adjacent to the SAC. The Council is continuing to develop with partners a strategy 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 matters

Objections have raised concerns that the proposal may cause a loss of value to no. 60 Pancroft. Property value cannot be taken as a material consideration within planning applications and therefore cannot be considered.

Conclusion:

The development would be a sustainable form of residential development and the design and layout of the proposal overcomes the previous reasons for refusal and follows the advice of officers. It maintains the distinctive character of the area and will not adversely impact on neighbouring amenity. Adequate car parking space would be provided in accordance with adopted standards.

In light of the above appraisal, it is considered that subject to the imposition of the planning conditions suggested and subject to a Section 106 obligation in regard to the Epping Forest SAC contribution, the development would comply with the adopted Policies of the Local Plan and the Emerging Policies in the Submitted Local Plan 2017, as such the application is recommended for approval.

All other relevant policies and considerations, including equalities have been taken into account. Consequently, the proposed development is recommended for approval.

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: Corey Isolda Direct Line Telephone Number: 01992 564 380

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

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Unauthorised reproduction infringes Crown Copyright and may lead to Application Number: EPF/2120/18 prosecution or civil proceedings. Site Name: Lindsey House, 15 Lindsey Street, Contains Ordnance Survey Data. © Epping, Essex, CM16 6RB Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1:500

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No: 3

APPLICATION No: EPF/2120/18

SITE ADDRESS: Lindsey House 15 Lindsey Street Epping Essex CM16 6RB

PARISH: Epping

WARD: Epping Lindsey and Thornwood Common

APPLICANT: Bhangu

DESCRIPTION OF Proposed change of use of care home (Use Class C2) to 6 flats PROPOSAL: (Use Class C3), including rear extensions and side extensions.

RECOMMENDED Grant Permission (Subject to Legal Agreement) DECISION:

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=612899 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: F161/: E01, E03, E04, E10, E11, P01 Rev A, P02, P03, P10, P11, P12, P13

3 Materials to be used for the external finishes of the proposed development shall match those of the existing building, unless otherwise agreed in writing by the Local Planning Authority.

4 Prior to preliminary ground works taking place, details of foul and 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.

7 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.

8 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.

9 If any tree, shrub or hedge shown to be retained in the submitted Arboricultural reports is removed, uprooted or destroyed, dies, or becomes severely damaged or diseased during development activities or within 3 years of the completion of the development, another tree, shrub or hedge of the same size and species shall be planted within 3 months at the same place, unless the Local Planning Authority gives its written consent to any variation. If within a period of five years from the date of planting any replacement tree, shrub or hedge is removed, uprooted or destroyed, or dies or becomes seriously damaged or defective another tree, shrub or hedge of the same species and size as that originally planted shall, within 3 months, be planted at the same place.

10 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.

11 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. And subject to the applicant first entering into a legal agreement under Section 106 to secure suitable mitigation measures with regard to visitor and air quality impacts on the Epping Forest Special Area of Conservation.

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).

Description of site

The application site is located on Lindsey Street which is within the built up area of Epping. Currently on the site is a relatively large much extended two storey building which has, until recently been used as a residential care home. The neighbour to the north is a single dwelling house which is set significantly further forward than the existing care home and to the south is another single dwelling house. The site is not located within the boundaries of the Metropolitan Green Belt and it is not within the Epping Conservation Area.

The site is within 3 km of the Epping Forest Special Area of Conservation.(SAC)

Description of proposal

Proposed two storey side and rear extension and change of use of existing care home (Use Class C2) to 6 residential flats (Use Class C3). Parking for 6 vehicles.

Relevant History

EPU/0093/73 – Conversion of building to accommodation for old people – Approved

EPF/0882/80 - Single storey extension (wardens flat, guest television room and W.C.). – Approved

EPF/0233/98 - Alterations, first floor rear extension and two storey side extension to provide 1 additional bedroom, lift and toilet facilities. – Approved

Pre application proposal: ENQ\00037 - Change of use from C2 (Care Home) to C3 (dwelling houses) 6 no, 1 bed apartments proposed, 2 rear extensions and 1 small side extension.

Policies Applied

CP1 – Achieving Sustainable Development Objectives CP2 – Protecting the Quality of the Rural and Built Environment CP3 – New development CP6 – Achieving sustainable urban development patterns DBE1 – Design of New Buildings DBE2 – Effect on Neighbouring Properties DBE9 – Loss of amenity RP3 – Water quality RP4 – Contaminated Land ST1 – Location of Development ST2 – Accessibility of Development ST4 – Road Safety NC1- SPAs, Sacs and SSSIs ST6 – Vehicle Parking The National Planning Policy Framework (NPPF) has been adopted as national policy since July 2018. 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.

Epping Forest District Local Plan (Submission Version) 2017:

SP 1 - Presumption in Favour of Sustainable Development H 1 - Housing Mix and Accommodation Types T 1 - Sustainable Transport Choices DM 1 - Habitat Protection and Improving Biodiversity DM 2 - Epping Forest SAC and the Lee Valley SPA DM 9 - High Quality Design DM 10 - Housing Design and Quality DM 11 - Waste Recycling Facilities on New Development DM 18 - On Site Management of Waste Water and Water Supply DM 19 - Sustainable Water Use DM 21 - Local Environmental Impacts, Pollution and Land Contamination DM 22 - Air Quality

Consultation Carried Out and Summary of Representations Received:

EPPING TOWN COUNCIL – OBJECTION – The proposal is an overdevelopment of the site in terms of its size, height and bulk. It would result in a loss of amenity for the neighbouring property in terms of overshadowing, overlooking and loss of light. The bulk of the proposal will have a detrimental effect on the street scene and the character or the urban area, where all neighbouring properties are large family homes.

Committee object to the change of use to this class and the loss of a perfectly good family dwelling for yet more flats. Continually converting large family homes into flats is adversely affecting the mix of dwelling types available, which contravenes policy. This proposal will result in the generation of far more traffic than is existing, which will have a detrimental effect on highway safety in a very narrow road and junction. The additional traffic will be detrimental to the area through which it will move. It will also exacerbate the towns severe parking issues, as additional residents and visitors cars will park on the surrounding roads.

Committee object to the loss of healthy trees to facilitate development.

Committee are concerned about the restrictive covenant and would request the holders of the covenant are given sufficient time to take legal advice.

THE EPPING SOCIETY – OBJECTION – The loss of the care home is an existing covenant and should not be set aside. The new units will not be of benefit to the existing community.

1 LYNCELEY GRANGE – OBJECTION – 15 Lindsey Street is a substantial property and this proposal is at odds with Council policy and there are inadequate visitor parking spaces.

1 HOMEFIELD CLOSE – OBJECTION – The erection of such a significant number of units will cause harm to the area. The wheelchair space and disabled parking provision would also cause harm.

‘THE MANSE’ - 13 LINDSEY STREET – OBJECTION – The application proposes far too many flats in the area and there is already a significant issue with parking in the area.

17 LINDSEY STREET – OBJECTION – The development site is restricted by a legal covenant. The proposals will cause significant harm to the character and appearance of the street scene and would cause significant harm to the living conditions of the adjacent neighbour. The significant amount of parking would also cause substantial harm to the character and appearance of the area and the loss of trees would also cause harm. The access is not appropriate and would not allow vehicles to freely move to and from the site.

EPPING UNITED REFORMED CHURCH – OBJECTION – The proposal will cause significant undue harm to the character and appearance of the Conservation Area. The proposal is also contrary to a restrictive covenant.

Issues and considerations

The main issues to consider are regarding the principle of the development, the living conditions of the neighbours, the character and appearance of the area, parking and highways, trees and landscaping, land drainage, the Epping Forest Special Area of Conservation, land contamination and any other material considerations.

Principle of development

The application site is located in the town of Epping, within walking distance of the designated Town Centre and also to Epping Underground Station which provides regular services into London. Epping is a town with a large number of shops, services and facilities such as restaurants, schools, doctor’s surgeries employment uses, a hospital and local transport links. There are also a number of open spaces in and around the town and easy access to Epping Forest. The result of this is that the site is within a very sustainable area and would offer an attractive place to live for potential residents.

The existing building is currently redundant, however was last used as a care home by Abbyfield Ltd, a company which works closely with the NHS. In 2014 the company decided that the site was no longer commercially viable to operate their services from Lindsey House and therefore vacated the property and ceased operations. The site has remained disused ever since. The applicant contends that the property is neither fit for purpose, nor financially viable for continued use as a care home since it only offered space for 8 residents on the site and has since fallen into disrepair. The cessation of its use as a care home in 2014 by Abbyfield and the NHS and the fact that it has remained empty since supports this notion. Therefore it is reasonable to conclude that the loss of the existing care home is justified since it has been demonstrated that it is no longer practical, viable or desirable to retain it. The proposal is therefore compliant with policy D2 (ii) of the Epping Forest Local Plan (Submission Version) 2017.

Living conditions of neighbours

The proposal would include a first floor extension to an existing single storey element on the rear of the existing building. The first floor addition would be adjacent to the neighbour known as the Manse, which is a two storey detached dwelling. The first floor addition closest to the Manse would be 1.5m from the shared boundary and would project approximately 6m beyond the rear elevation of this neighbour. Whilst this is a sizable projection beyond the rear elevation of the Manse, the ground levels between the two buildings are similar and a 45 degree line taken from the centre of the nearest first floor habitable room window would not be intercepted. It is therefore concluded that there would not be excessive harm caused to the living conditions of this neighbour.

No.17 Lindsey Street is the other adjacent neighbour and is a two storey semi detached dwelling whose rear elevation projects to the same level as the front elevation of Lindsey House. This results in there being a net projection of 11.5m over two storeys beyond the rear elevation of no.17. This proposal would include a first floor extension to Lindsey house on the shared boundary with this adjacent neighbour; this would bring the net projection to 15.5m on the shared boundary. Whilst this is a significant projection beyond the rear elevation of this neighbour, since the existing net projection amounts to 11.5m at first floor level, the additional 4m is not considered to be materially worse to the living conditions of this neighbour than the existing situation.

The proposal is therefore complaint with policies DBE9 of the Adopted Local Plan and with policy DM9 of the Epping Forest Local Plan (Submission Version) 2017.

Character and appearance

In terms of its external appearance, the building would only be the subject of minor alterations. Indeed, the building will read as a single family dwelling house as the care home did, since the front elevation onto Lindsey Street will remain the same. The substantive alterations to its physical arrangement are in the form of the first floor rear extensions which follow the general design of the existing building. As a result of their size, height and positioning it is concluded that these alterations to the building would be respectful to the existing.

Most of the existing residential uses in the surrounding area are comprised of single units and it is noted that the use of this site for six flatted units will create more comings and goings than a single dwelling would. However the building was last used as a residential care home and therefore it is reasonable to conclude that its use for six units will not cause such an increase in the number of movements to and from the site and thus the character and appearance of the area will be preserved.

Highway and Parking issues

The application offers space for 6 car parking spaces, three of which would be for use by disabled persons. Since the application site is located within the main town of Epping where there are a large number of shops and services as well as good access to public transport it is concluded that a reduced level of parking, for one space per flat is acceptable. Trees and landscaping

The Tree and Landscape Team have commented that there is no objection to the scheme. Indeed there is enough space at the front to provide a meaningful planting area and details of this planting can be secured through the use of planning conditions. To ensure that the development has a high quality finish, this is a reasonable and necessary condition to impose.

Land Drainage

The Land Drainage Team has commented that further information is required regarding the detail of surface water drainage. This is a reasonable and necessary condition to impose.

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 relatively poor local air quality alongside the roads that traverse the SAC.

The Council has now agreed an interim mitigation strategy with regards to managing visitor pressures into the SAC. This strategy involves the Council requiring developers to pay a financial contribution of £352 per new dwelling created within 3km of the SAC. Since this site falls within this distance, the contribution is required and the applicant has demonstrated a willingness to enter into such an agreement.

Turning to the air quality issue, the Council is currently in the process of developing an interim mitigation strategy to manage the potential impacts on the SAC caused by a potential detriment to air quality.

In this instance it has not been demonstrated that there would not be an increase in the number of vehicle movements to and from the site and therefore the Council, as the competent authority, cannot be certain that there would not be a significant impact on the SAC. Nevertheless, the applicant has indicated a willingness in principle to enter into a legal agreement to secure the financial contribution which can assist in the funding of mitigation measures.

Contamination

Since the site has historically been used firstly as a single dwelling house and subsequently as a residential care home, it is concluded that it is not necessary to impose the usual contaminated land conditions, other than the one relating to unexpected contamination.

Other matters

A number of consultation responses have indicated that the site is the subject of a restrictive legal covenant. This is not a relevant material planning consideration; indeed a potential granting of planning permission does not result in a covenant being obsolete. It should therefore not be afforded weight in this decision.

Conclusion

The proposal constitutes the provision of additional housing in a sustainable location where the loss of the care home has been justified since it is no longer a viable or desirable facility for the locality. In addition the applicant has indicated a willingness to enter into a Section 106 Legal Agreement to ensure that suitable financial contributions are collected to fund mitigation measures to the SAC. The proposal complies with all other relevant parts of the development plan and therefore it is recommended that planning permission is granted.

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: James Rogers Direct Line Telephone Number: 01992 564 371

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

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Unauthorised reproduction infringes Crown Copyright and may lead to Application Number: EPF/2481/18 prosecution or civil proceedings. Site Name: 8 Garden Fields, Stanford Rivers, Contains Ordnance Survey Data. © Ongar, Essex,, CM5 9PL Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1:1250

APPLICATION No: EPF/2481/18

SITE ADDRESS: 8 Garden Fields Stanford Rivers Ongar Essex CM5 9PL

PARISH: Stanford Rivers

WARD: Passingford

APPLICANT: Mrs Yvonne Saxon

DESCRIPTION OF Side & rear extension containing rooms within roof space. PROPOSAL: RECOMMENDED Refuse Permission (Householder) DECISION:

1 The proposal, by reason of its significant size, disproportionate to the original dwelling is inappropriate development in the Green Belt that is harmful to the character and openness of the Metropolitan Green Belt. As such the proposal is contrary to Adopted Local Plan Policy GB2A, GB7A and DBE4 and to Epping Forest District Local Plan (Submission Version) 2017 Policy DM4 which is consistent with the NPPF. No very special circumstances have been put forward which outweigh the harm to the Green Belt and other harm this proposal would cause.

This application is before this Committee since it is an application that is considered by the Service Director (Planning Services) as appropriate to be presented for a Committee decision (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council)).

Description of Site:

The property is an end of terrace bungalow located at the end of Garden Fields a small cul-de-sac located off London Road within the small built up enclave of Stanford Rivers. The property has been previously extended to the rear with a single storey conservatory. The property is located in a fairly large plot given the size of the bungalow. The site is within the Metropolitan Green Belt but not a Conservation Area.

Description of Proposal:

The proposal seeks consent for a side and rear extension containing rooms within the roof space. The proposal will create an annexe which will be linked internally to the main house but will provide separate kitchen, lounge, bedroom and bathroom facilities. Which have a greater floor area than the original dwelling. The proposal measures 4.3m wide and 9.1m deep extending 3.1m beyond the existing rear. Relevant History:

None for this property However, No. 1 Garden Fields under reference EPF/2391/11 gained planning permission for an almost identical scheme for an annexe type extension. Approved at Committee contrary to officer recommendation. This is discussed in further detail within the body of report below.

Policies Applied:

Adopted Local Plan:

CP2 Protecting the quality of the rural and built environment DBE9 Loss of Amenity DBE10 Design of Residential Extensions GB2A Development in the Green Belt

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.

NPPF:

The Revised National Planning Policy Framework (NPPF) has been published as of 24th July 2018. Paragraph 213 states that existing policies should not be considered out-of-date simply because they were adopted or made prior to the publication of this Framework. Due weight should be given to them, according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).

Epping Forest District Local Plan (Submission Version) 2017:

Paragraph 48 of the NPPF 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).

Consultation Carried Out and Summary of Representations Received

Number of neighbours consulted: 3 Responses received: No response received from neighbours. PARISH COUNCIL: No comments received

Main Issues and Considerations:

The main issues are considered to be the impact of the development on the character and appearance of the dwelling and the streetscene, impact on neighbouring amenity and whether the development is appropriate in the Green Belt.

Character and appearance

The proposal results in large additions to the dwelling, particularly given the small original size. However, the proposal has been designed so that from the front it does not dominate the original building, and the overall width has been reduced by 1m since first submission. This has created a proposal, which, although not proportionate to the original building does complement the appearance and in design terms is acceptable.

Neighbouring Amenity

The property is the end bungalow within a row of 8 properties and sides onto open land. Given the separation from the shared boundary with No.7 of some 7.3m it is not considered to result in any significant harm to No. 7. Although a first floor is proposed, which does result in a new window at first floor, it is considered that as only far reaching views may be possible it again does not raise significant amenity concerns.

Green Belt

National, local adopted and local submission version policy all allow for extensions within the Green Belt provided they are not disproportionate over and above the size of the original building. Clearly, the original dwelling is small and has been extended in the past with a conservatory. This proposal results in large additions to a small property and will increase the built volume in the region of 129%. This cannot be considered as a proportionate addition, even given the small original size. Therefore, the proposal is clearly at conflict with Green Belt policy.

Notwithstanding the above Green Belt assessment, the application included information as to why the extension was required: for a relative to have space while caring for the elderly owner. Letters have been submitted from Essex County Council and a GP verifying this need. Whilst there is sympathy with the applicant’s situation this is unfortunately not a unique situation and not one that can be classed as very special circumstances sufficient to outweigh the harm caused by the development.

However, the applicants also drew attention to an almost identical extension at No. 1 Garden Fields, (this current application has been revised during the application process so that the two proposals have virtually the same design). This application was granted planning permission in 2011 and the extension was required to aid in the care of the elderly owner. At the time, Officer’s recommended refusal due to the extension (like this current proposal) being harmful to the Green Belt. However, this application was ‘called in’ by a Member to Plans East and was granted planning permission at Committee. The only real difference between the two proposals is that No. 8 is the last property in the row with open land to the south, whereas No. 1 being the first property was located adjacent to the rear gardens of properties in London Road.

Although some time ago (2011), it would not be considered a fair and transparent process if this application for an almost identical scheme and similar circumstances were not put forward to Committee for decision, hence the Service Director deems it appropriate for this application to be presented to Committee for a decision.

Conclusion:

The proposed addition which adds approximately 129% is clearly disproportionate over and above the size of the original dwelling and therefore is inappropriate development by definition harmful, and in addition has a physical and visual impact on openness. In planning policy terms the need for live in care carries only limited weight which is not sufficient to outweigh the harm to the Green Belt. The development is therefore recommended for refusal.

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: Marie-Claire Tovey Direct Line Telephone Number: 01992 564414

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G R EFDCE Datum G O House R I E S Appletree L Greyroofs A N Unauthorised reproduction infringes E Crown Copyright and may lead to Application Number: EPF/2503/18 prosecution or civil proceedings. Site Name: Warreners, Theydon Road, Contains Ordnance Survey Data. © Theydon Bois, Epping, Essex, Crown Copyright 2013 EFDC License No: 100018534 CM16 4EE Scale of Plot: 1:1250 Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No: 5

APPLICATION No: EPF/2503/18

SITE ADDRESS: Warreners Theydon Road Theydon Bois Epping Essex CM16 4EE

PARISH: Theydon Bois

WARD: Theydon Bois

APPLICANT: Mr Geoffrey Curtis

DESCRIPTION OF First floor side extension above existing garage and single storey PROPOSAL: front extension to form double garage

RECOMMENDED Grant Permission (With Conditions) DECISION:

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 Materials to be used for the external finishes of the proposed development shall match those of the existing building, unless otherwise agreed in writing by the Local Planning Authority.

3 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.

4 Tree protection shall be implemented prior to the commencement of development activities (including demolition) in accordance with JAT Designs drawing number 1806-PL-06- A dated October 2018 and CSG Usher’s Ltd Tree Survey/ Arboricultural Method Statement report ref 029557, unless the Local Planning Authority gives its prior written approval to any alterations.

5 If any tree, shrub or hedge shown to be retained in the submitted Arboricultural reports is removed, uprooted or destroyed, dies, or becomes severely damaged or diseased during development activities or within 3 years of the completion of the development, another tree, shrub or hedge of the same size and species shall be planted within 3 months at the same place, unless the Local Planning Authority gives its written consent to any variation. If within a period of five years from the date of planting any replacement tree, shrub or hedge is removed, uprooted or destroyed, or dies or becomes seriously damaged or defective another tree, shrub or hedge of the same species and size as that originally planted shall, within 3 months, be planted at the same place.

6 The window opening in the side elevation (as marked as such on drawing No. 1806- PL-04B) shall be entirely fitted with obscured glass with a minimum Level 3 obscurity and have fixed frames to a height of 1.7 metres above the floor of the room in which the window is installed and shall be permanently retained in that condition.

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, and the Local Council confirms it intends to attend and speak at the meeting where the application will be considered (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council)).

Description of Site:

The property is a substantial, detached two storey, ‘L’ shaped dwelling with an attached garage built in the late 1950’s/early 60’s. The property is set in a large plot with several trees within the site or at the boundaries. The site is within a small enclave of large detached properties located to the south of the M25. The site is within the Metropolitan Green Belt but not a Conservation Area. There is a protected Oak tree located in the garden of the northern neighbour (Beechwood) which is located on the boundary with the canopy part over the application site.

Description of Proposal:

The proposal seeks consent for a first floor extension over the existing garage addition creating a hipped roof above following the existing ridge line. In addition the proposal also includes a single storey front extension to form a double garage.

Relevant History:

EPF/2499/07 – Garage extension – Approved

Policies Applied:

Adopted Local Plan:

CP2 Protecting the quality of the rural and built environment DBE9 Loss of Amenity DBE10 Design of Residential Extensions GB2A Development in the Green Belt LL8 Works to preserved trees LL10 Adequacy of provision for landscape Retention

Epping Forest District Local Plan (Submission Version) 2017:

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

SP6 Green Belt and District Open Land DM4 Green Belt DM5 Green and Blue Infrastructure DM9 High Quality Design

Consultation Carried Out and Summary of Representations Received

Number of neighbours consulted: 6 No response received from neighbours.

PARISH COUNCIL: Objection. The property is part of a small enclave of residential development, situated to the further end of Theydon Road, at the edge of the settlement. The site is in the Green Belt, not far from the historic setting of Bell Common, with the backdrop of Epping Forest being visible within the near environs. Whilst the current dwelling is thought to date from the 1960s, its vernacular design is suggestive of an earlier period, with a number of features being reminiscent of the Arts and Crafts style, in particular the steeply- sloping pitch of the main roof, its low eaves and matching dormers, which serve to define the form and character of the property and provide its distinctive appearance.

However, the proposal would seek to remove that existing roof from the side elevation of the building (perceived to be, when viewed from the highway, part of the façade facing the public domain) and replace it with a substantial two-storey extension, featuring a modern, fully hipped, roof of a bulkier design, that would also result in a near-doubling of the length of the ridge. This part of the dwelling would become considerably more dominant, so unbalancing the architectural integrity of the original design.

Therefore, the Planning Committee felt that the proposal, as presently submitted, would result in a disproportionate addition, over and above the size of the original, which would neither respect, nor complement the design and proportions of the existing dwelling, as required under policy DM 10 E of the Submission Version of the Local Plan, 2017. The use of matching materials was not felt to be sufficient to mitigate against this loss, whilst the overall increase in the quantum of development would not fully accord with the provisions of policy DM 4.

Further concern was raised that the new extension would be sited under part of the canopy of a large specimen tree, adjacent to the boundary of the property, which could be adversely affected by the extent of the two-storey component.

As a way forward, it was recommended that the roof of the side elevation should reflect that of the existing, to bring the eaves down to ground floor level, so respecting the scale and form of the original distinctive design.

Main Issues and Considerations:

The main considerations are the impact of the development on the character and appearance of the building and the locality, impact on neighbouring amenity, whether the development is appropriate in the Green Belt and the potential impact on adjacent trees.

Character and Appearance

The first floor element proposed would remove the existing catslide roof which is an attractive feature but it is not historic given the date of the house. However, the hipped roof over the existing garage is not considered an unacceptable design and is one that is evident in nearby properties. It does result in a large roof which will be visible from the surrounding area but as this element is set back from the road by some 55m, and there are substantial trees around the boundaries it is not considered to detract from the public realm so significantly to result in a refusal. The roof slope as existing is dominant and the continuation of this roof slope to a hip is not considered detrimental to the character or design of the property. In addition, there are large properties to both the rear and sides that have been extended or rebuilt in the past, and this property and the proposal is not considered incongruous to the surroundings.

The single storey garage element with the crown roof is a simple design approach, but retains the majority of the attractive half hip elevation facing the road and is considered an appropriate design for this property. Revisions have been made since first submission to divide the wide garage door into two and this breaks up the horizontal emphasis and improves the overall design. In addition, although described as the ‘front’ this element is in effect within the side garden and will be well screened from surrounding viewpoints by existing vegetation and boundary treatments.

Neighbouring Amenity

The first floor element is located 5m from the shared boundary with Beechwood and due to the change in land levels, Beechwood is on much higher land and therefore given this distance and the change in levels no significant amenity issues are raised. The location of a preserved tree on this boundary along with other vegetation also offers a good level of screening. A first floor window is proposed facing this boundary however as this is a secondary window this could be obscured glazed and a condition could be implemented as such. With regards to the proposed garage element, it is single storey and set well in to the site from neighbouring properties and therefore no amenity issues are raised.

Green Belt

National, local adopted and local submission version policy all allow for extensions within the Green Belt provided they are not disproportionate over and above the size of the original building. This proposal results in large additions to a large property and although increasing the overall width at first floor and footprint at ground floor they additions result in a less than 40% increase (including the existing garage extension) over and above the original property. This is considered proportionate to the size of the original property.

Visually, the proposal does result in a large roof area over the existing garage addition and this will be visible from wider locations but it is not considered that this element or the single storey garage addition is in conflict with the purposes of including land within the Green Belt. It will be viewed within the domestic context and there are neighbours to both sides of the property and to the rear. The development would not therefore be inappropriate or harmful development within the Green Belt.

Protected Trees

The Tree and Landscape Officer originally objected to the scheme, but following additional reports being submitted which indicate that the works can be carried out without adversely impacting the tree, the Officer has no objection to the proposal subject to a condition ensuring tree protection and the retention of trees and shrubs as per the submitted drawings and reports and this is considered reasonable.

Conclusion:

The proposed additions are considered to be suitably designed and appropriate to the dwelling and the streetscene. They do not amount to disproportionate additions over and above the size of the original building and are therefore not inappropriate in Green belt terms. Neither neighbouring amenity nor the adjacent trees will be adversely impact and therefore whilst it is accepted that there will be a loss of the current attractive cat slide roof, it is not considered that this, is sufficient to warrant refusal of the application and the application is recommended for approval.

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: Marie-Claire Tovey Direct Line Telephone Number: 01992 564414

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