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ITEM 8 Planning Committee 4Th December 2018

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ITEM 8 Planning Committee 4Th December 2018 ITEM 8 Planning Committee 4th December 2018 Application No : 18/01476/FUL Full Application Location : Land East Of Drakes Lane Industrial Estate Drakes Lane Little Waltham Chelmsford Proposal : Change of use of land to Gypsy & Traveller Site and provision of 9 pitches, site office and associated infrastructure. Applicant : Hastoe Housing Association Agent : Mrs Janice Parsons Date Valid : 21st August 2018 Contents 1. Executive Summary 2 2. Description of Site 2 3. Details of the Proposal 3 4. Other Relevant Applications 3 5. Summary of Consultations 4 6. Pre‐Application Engagement 4 7. Main Issues 5 8. Planning Considerations 5 9. S106 Agreements – Beaulieu & Channels 20 10. Planning Obligation 21 11. Conclusion 22 01DCOM 18/01476/FUL Page 1 09_OFFR88PT_2Item 8 1. Executive Summary 1.1. The application seeks planning permission for the change of use of a roughly rectangular field at the junction of Drakes Lane and Boreham Road to provide a Gypsy and Traveller site comprising 9 permanent pitches, a manager’s site office and associated infrastructure. The scheme would satisfy a requirement of the adopted North Chelmsford Area Action Plan Adopted 20th July 2011 to deliver a Gypsy and Traveller site within North Chelmsford. The requirement forms the basis of a planning obligation within the legal agreements for both the Channels and Beaulieu residential‐led developments. 1.2. The Council is required by National Planning Policy (National Planning Policy Framework – July 2018 and Planning Policy for Traveller Sites – August 2015) to maintain a five year supply of deliverable Gypsy and Traveller Sites. Currently, the Council has zero years of supply. The Council, in the absence of a five year supply of sites is at risk of losing planning appeals for unauthorised, and unmanaged, Gypsy and Traveller encampments at unsuitable locations. 1.3. The draft Chelmsford Local Plan makes provision to meet the City Council’s future Gypsy and Traveller needs up to 2036 in full, through the provision of a Gypsy and Traveller Site at Drakes Lane (Site Allocation GT1). The allocation is based upon up‐to‐date evidence of need, a site selection assessment and a Sustainability Appraisal, including an assessment of reasonable alternatives. 1.4. The application has been fully considered against Policy HO3 of the Draft Chelmsford Local Plan, in accordance with paragraph 48 of the NPPF and is considered acceptable. 1.5. Approval is recommended subject to a unilateral undertaking being entered into to secure the provision of a commuted sum of £900.00 to provide appropriate habitat mitigation in accordance with the Conservation of Habitats and Species Regulations 2017 as set out in Section 10 of the report. 1.6. Should the Planning Committee be minded to approve the application, then authorisation is also sought for the Director of Sustainable Communities after consultation with the Legal & Democratic Services Manager to vary the Beaulieu and Channels s106 Agreements along the lines set out in Section 9 of the report. 1.7. The application is referred to Planning Committee for two mutually exclusive reasons (i) the application has been referred by the ward councillors and (ii) because the Channels s106 Agreement currently contains a requirement for the freehold interest of the land to be transferred to the City Council. 2. Description of Site 2.1. The application relates to a roughly rectangular field, covering approximately 0.66ha located south‐west of the junction of Drakes Lane and Boreham Road, and north‐west of the village of Little Waltham. The northern and eastern site boundaries are defined by native hedges, with some mature trees. Drakes Lane bounds the site to the north, beyond which lie arable fields. Boreham Road runs along the eastern site boundary. A disused field gate is located along Drakes Lane. 01DCOM 18/01476/FUL Page 2 09_OFFR88PT_2Item 8 2.2. A dry ditch and field of rough grassland are located directly to the south, with a large gravel pit beyond; this comprises three large lakes. A small section of field abuts a flowing ditch to the west. The site slopes east to west. 2.3. The Drakes Lane Industrial Estate is situated approximately 90m to the west. The nearest residential properties are Ashlea and Russell Green House, Boreham Road and Birds Farm in Birds Farm Lane; these are located 220m, 290m and 340m, respectively, from the site. 2.4. Public Footpath 213 runs from Boreham Road, south‐east of the site to Cranham Road. The footpath is situated approximately 85m from the southern site boundary at its closest point. An existing Essex County Council Traveller site is situated in Cranham Road. 2.5. The site is located beyond the master‐planned area for the new neighbourhood within North‐East Chelmsford, but within the NCAAP (North Chelmsford Area Action Plan) area. 3. Details of the Proposal 3.1. Planning permission is sought for the change of use of the land to a Gypsy and Traveller site to provide nine serviced Gypsy and Traveller pitches, a site manager’s office, visitor parking and a children’s play area. The pitches would each be permeably paved and include: Hardstanding for one static caravan (maximum 13.7m x 4.3m), Hardstanding for one travelling caravan (6m x 2.5m), Two parking spaces for larger vehicles (each 6m x 2.6m), A brick built amenity building (7.6m x 4.5m) containing a kitchen, lounge/dining area, shower room/utility area and separate toilet facilities, External storage shed, Secured metal gas bottle enclosure, Clothes drying area. 3.2. The site would be served by a newly created access on Drakes Lane. A section of the existing hedgerow would be removed, and trimmed back, to allow for visibility. 3.3. The site would be managed, by Hastoe Housing Association and the intention is that the ownership would be transferred to them. A manager’s office and visitors parking area would be located at the site entrance with access controlled by a security barrier. 3.4. A communal sewerage treatment plant is proposed within a secure enclosure, within the south‐western corner of the site. 3.5. A separate mitigation strategy has been proposed for Great Crested Newts; this requires the enhancement and restoration of an area of land, 0.2ha in size, situated immediately to the west of the site and incorporating retention and improvement of an existing pond. 4. Other Relevant Applications 4.1. Outline planning permission was granted for a residential‐led development at Channels on 30th October 2012 (10/01976/OUT refers). The s106 Agreement relating to the development (‘the Channels s106 Agreement’) secured the transfer of one of two parcels of remediated, decontaminated and serviced land within the ownership of the applicant at Drakes Lane, for potential provision as a Gypsy and Traveller site. 01DCOM 18/01476/FUL Page 3 09_OFFR88PT_2Item 8 4.2. The s106 Agreement relating to the residential‐led mixed‐use development at Beaulieu (‘the Beaulieu s106 Agreement) by Countryside Zest, on land immediately to the south of the Channels site (09/01314/EIA refers), secured a capped financial contribution of £612,000.00 to facilitate physical provision of the Gypsy and Traveller site. 5. Summary of Consultations • Little Waltham Parish Council – Objections. • Boreham Parish Council – Objections. • Great & Little Leighs Parish Council – Objections. • Terling & Fairstead Parish Council – Objections. • CCC Public Health & Protection Services – No contaminated land issues. No concerns in relation to the remit and responsibilities of the Service. • CCC Housing Standards – Compliance with 2008 Model Standards for Caravan Sites. • ECC Highways – Acceptable; conditions and informatives. • ECC Infrastructure Planning – Qualification for free school transport achieved. • ECC Gypsy & Traveller Unit – No response. • ECC SuD’s Team – No objections; conditions and informatives. • Essex Police – Comments re: Secure by Design. • Essex Fire & Rescue Service – Comments. • Essex & Suffolk Water – No objections. • Anglian Water – No comments. • Environment Agency – No impact upon regulations / permitting regimes. • NHS England – No response. • Braintree District Council – No response. 6. Pre‐Application Engagement 6.1. Paragraph 40 of the NPPF advises local planning authorities, where they think it would be beneficial, to ‘encourage any applicants who are not already required to do so by law to engage with the local community and, where relevant, with statutory and non‐statutory consultees, before submitting their applications.’ 6.2. The applicant undertook a public consultation event on 11th July between 15.30 and 19.00 hours; this was advertised through invitations to Little Waltham and Boreham Parish Councils and businesses on the Drakes Lane Industrial Estate, a press release and by the posting of flyers. Approximately 25 people attended the event, mostly owners, or employees of businesses within the industrial estate. Representatives from the Parish Councils and local residents also attended. Concerns were primarily expressed in relation to the security and general safety of future residents of the site, given the proximity to the industrial estate, and the nearby former gravel workings and pits. 6.3. The City Council undertook three rounds of public consultations on the Local Plan, which included the Drakes Lane site. Public drop‐in exhibitions were also organised by the City Council at Boreham, Little Waltham and Great Leighs, which included the proposal to allocate the Drakes Lane site for Gypsies and Travellers. Council officers attended all nine
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