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 of the local drop‐in exhibitions.
6.4. Officers also met with the owners of businesses at the Drakes Lane Industrial Estate prior to submission of the current planning application and undertook a follow up site visit and meeting.
01DCOM 18/01476/FUL Page 4 09_OFFR88PT_2Item 8 7. Main Issues
7.1. The main issues concern (i) the identified need for additional sites for Gypsy and Traveller accommodation within the City area to meet the housing need of all members of the community, (ii) the requirement to make provision for a gypsy and traveller site, as part of planned new development in North‐East Chelmsford and (iii) the acceptability of the proposal, when considered against national planning policy and the location criteria in Policy HO3 of the Draft Chelmsford Local Plan.
8. Planning Considerations
Core Strategy and Development Control Policies Development Plan Document: CP7, CP9, CP10, CP13, CP15, CP20, DC4, DC7, DC13, DC14, DC25, DC26, DC34, DC42 Draft Chelmsford Local Plan: SPS3, SPS5, SPS6, LPHO3, LPHE2, LPNE1, LPNE2, LPNE3, LPMP1, LPMP2, LPMP4, LPMP5, LPPA1, LPPA2 National Planning Policy Framework Paragraphs: 11, 39, 40, 47, 48, 49, 73, 103, 124, 125, 128, 162, 170, 175, 178 Planning Policy for Traveller Sites (PPTS) – August 2015 Model Standards 2008 for Caravan Sites in England – Caravan Sites & Control of Development Act 1960 – Section 5
National Planning Policy
8.1. The National Planning Policy Framework (NPPF) requires Councils to assess the housing needs of different groups within the community including Gypsies and Travellers. Local planning authorities are required ‘to identify and update annually, a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement set out in adopted strategic policies’ (paragraph 73). The footnote (36) to paragraph 73 advises that ‘for the avoidance of doubt, a five‐year supply of deliverable sites for travellers – as defined in Annex 1 to Planning Policy for Traveller Sites – should be assessed separately, in line with policy in that document’.
8.2. The national Planning Policy for Travellers (PPTS) sets out the way in which Councils should assemble the evidence of Gypsy and Traveller accommodation needs in a positive and inclusive manner, working collaboratively with neighbouring local planning authorities. The work is carried out through a Gypsy and Traveller Accommodation Assessment (GTAA). The evidence of need is used to inform the preparation of Local Plans and in decision making on planning applications.
8.3. The local planning authority is required to set pitch targets to meet the identified need of those Gypsy and Travellers, which fulfil the definition of a Gypsy and Traveller as set out at Annex 1 of the PPTS, and to allocate land, and provide criteria‐based policies within their Local Plans to meet the identified need. The PPTS sets out a series of factors to ensure that traveller sites are sustainable; these include having access to healthcare, schools, employment (reflecting the traditional lifestyles of travellers) and to avoid areas with a high risk of flooding.
Evidence of Traveller Accommodation Need
8.4. Chelmsford, jointly with all other Essex authorities, undertook a Gypsy and Traveller Accommodation Assessment (GTAA) in 2016, which covers the whole of Essex and identifies Gypsy and Traveller and Travelling Showpersons accommodation needs for each Essex Authority for the period to 2033. The GTAA identifies the need for eight Gypsy and Traveller pitches and 20 Travelling Showpeople plots that meet the PPTS definition; these are to be provided across
01DCOM 18/01476/FUL Page 5 09_OFFR88PT_2Item 8 the Chelmsford area. The requirement, when extended across the Local Plan period, up to 2036, equates to nine Gypsy and Traveller pitches and 24 Travelling Showpeople plots.
8.5. The draft Chelmsford Local Plan makes provision to meet these needs in full, through the allocation of 24 plots for Travelling Showpeople across four sites and a Gypsy and Traveller site at Drakes Lane. The Drakes Lane site is the only Gypsy and Traveller allocation identified in the new Local Plan; it would therefore meet the City Council’s future Gypsy and Traveller needs up to 2036 and would be delivered in the first five years of the Plan period.
NCAAP Site Allocation 12 – Gypsy and Traveller Site, Land East of Essex Regiment Way
8.6. Development of the scale proposed in North‐East Chelmsford provided a significant and realistic opportunity to accommodate a modest allocation, as part of planned new development, for the Gypsy and Traveller community. Specifically, the North Chelmsford Area Action Plan (NCAAP) identified land east of Essex Regiment Way for the provision of a Gypsy and Traveller site.
8.7. The need for a second roundabout on Essex Regiment Way and the provision of sustainable urban drainage infrastructure at Beaulieu, meant that Site Allocation 12 was not deliverable. The obligation to provide the Gypsy and Traveller site however remained.
8.8. The need for flexibility was included within the NCAAP, due to concerns over delivery, which were raised at the Examination in Public. The Inspector in his report on NCAAP, noted that the Council had identified possible delivery difficulties with Site Allocation 12, and had built flexibility into the NCAAP through the inclusion of paragraph 3.73, such that an alternative suitable site could equally fulfil this need. The Inspector considered this to be a sound approach retaining a necessary level of flexibility. The identification of the Drakes Lane site as a potential Gypsy and Traveller site is therefore consistent, and in accordance with NCAAP.
8.9. The applicant for the Channels residential‐led development, identified the possibility of land within their ownership in the North Chelmsford area, and within the NCAAP, as being available for transfer to the Council, for possible provision of a Gypsy and Traveller site post 2014.
8.10. The Channels s106 Agreement secured the transfer of one of two parcels of land at Drakes Lane, for potential provision as a Gypsy and Traveller site. One of the parcels of land is the subject of this current planning application. A report was presented to Cabinet on 4th March 2014; this sought approval to the selection of the current, proposed site, for the potential provision of a Gypsy and Traveller site in North Chelmsford. The report set out the findings of various surveys and reports undertaken in relation to both parcels of land, as required by the legal agreement. The Cabinet authorised the City Council to serve notice on the landowner to transfer Plot A (the application site) to the authority, should planning permission subsequently be granted for its provision as a Gypsy and Traveller site. Two further reports have been presented to Cabinet in relation to the site now being progressed; on 30th January 2018 and 3rd July 2018.
8.11. The legal agreement for the Beaulieu development secured a capped contribution of £612,000, which would be used to enable physical provision of the site. The contribution was calculated on a detailed basis and on an average figure from Homes England of approximately £60,000 per plot.
01DCOM 18/01476/FUL Page 6 09_OFFR88PT_2Item 8 Chelmsford Draft Local Plan
8.12. The Chelmsford Draft Local Plan sets out a strategy to meet the Government’s agenda of significantly boosting the supply of new housing and economic development; using development growth to ensure the delivery of new strategic and local infrastructure. Nearly 18,000 new homes are planned in the period up to 2036 which includes the need for nine Gypsy and Traveller pitches in the same period.
8.13. A large proportion of new development is directed to North‐East Chelmsford; this will significantly expand the existing consented development at Beaulieu and Channels, collectively forming a new North‐East Chelmsford Garden Community.
8.14. North‐East Chelmsford is a strategic area of change that would deliver approximately 10,000 dwellings, schools, healthcare, roads and public transport. The Drakes Lane site is situated within close proximity of the northern edge of the North‐East Chelmsford Garden Community within an area which is already experiencing change. The Drakes Lane Industrial Area is now a designated employment area and a large new flour mill has been granted planning permission close to the site.
8.15. Having regard to the level of new development proposed in the Local Plan at North‐East Chelmsford, it is considered reasonable that the need for one Gypsy and Traveller site should be met, and accommodated, within the area of growth; GT1 – Drakes Lane Gypsy and Traveller Site as set out below.
Site Selection & Alternative Sites
8.16. The City Council undertook a ‘Call for Sites’. The purpose of the ‘Call for Sites’ exercise is to identify potential sites within the City administrative area that can be technically assessed for their suitability, availability and achievability (including viability) for housing and economic development to meet the needs identified for the City; this includes land for Gypsy and Traveller pitches. Eight potential Gypsy and Traveller sites were submitted for consideration in 2014 and five, in 2015; of the total of 13 sites, nine were rejected due to their location within the Green Belt. The Council’s Strategy, which follows national planning policy, is to accommodate its development needs for the period to 2036, outside of the Green Belt; this accords with Policy E of the PPTS.
8.17. The four sites, not within the Green Belt, were assessed as being unsuitable for a series of reasons, these included (i) forming part of a larger housing allocation, which was not being promoted by the Council as a strategic site, (ii) land being outside the promoter’s control, and (iii) previous sites where planning appeals had been dismissed for Gypsy and Traveller pitches. No further sites have been promoted to the Council. The Council has also investigated the extension of many of the existing sites within Chelmsford, but there is either not the available land to extend these, or they would result in there being an overconcentration in pitches, above the recommended ten pitch overall size.
8.18. The process revealed that the only site realistically available, and deliverable, would be that promoted at Drakes Lane.
8.19. During the life of the development at Beaulieu and Channels, the definition of Gypsies and Travellers was amended by the Planning Policy for Traveller Sites (PPTS) 2015; due to this, the Gypsy and Traveller pitch requirement for those who met the new definition in Chelmsford
01DCOM 18/01476/FUL Page 7 09_OFFR88PT_2Item 8 reduced from ten to nine pitches, for the period to 2036. The site at Drakes Lane would therefore satisfy the City Council’s Local Plan Gypsy and Traveller pitch provision in full.
The Development Plan & Planning Policies for Gypsy, Traveller and Travelling Showpeople Sites
8.20. The adopted Development Plan, which includes Policy DC34 – Gypsy and Traveller Accommodation, pre‐dates both the Government’s National Planning Policy as contained within the PPTS and the NPPF. Policy DC34 states that to meet the identified need for Gypsy and Traveller accommodation up to 2016, the Council will allocate two sites within the Site Allocations DPD and/or the North Chelmsford Area Action Plan on a phased basis in accordance with a series of criteria. Specifically, (i) the site would be readily accessible to local services and facilities; and (ii) the location of the site would not result in unacceptable living conditions for its occupants; and (iii) the proposal would not harm the character and/or appearance of the area and/or result in unacceptable visual impact; and (iv) the proposed accommodation on the site would not comprise more than 10 individual pitches. Exceptionally, planning permission, may be granted where; (v) the Council is satisfied that there is a clearly established need for the site and the number of pitches involved, which cannot be met by an existing or allocated site; and (vi) the site is outside areas designated as part of the Green Belt; and (vii) the site is served by a metalled, or otherwise suitable access road; and (viii) criteria i) – iv) are met.
8.21. Paragraph 11 of the NPPF sets out a presumption in favour of sustainable development and makes clear that for decision‐taking, the ‘tilted balance’ should apply where policies are out‐of‐date. Paragraph 48 of the NPPF advises that local planning authorities may give weight to relevant policies in emerging plans according to:
(a) the stage of preparation of the emerging plan (the more advanced its preparation, the greater the weight that can be given) – Officer’s Comment: The Plan is at an advanced stage and the Independent Examination scheduled for late November / early December, (b) the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that can be given’ – Officer’s Comment: The specific changes suggested by objectors to the Local Plan in relation to the policy are limited and the Council can justify its position in not taking on board the proposed changes. (c) the degree of consistency of the relevant policies in the emerging plan to this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given) – Officer’s Comment: The adopted Development Plan pre‐dates both the Government’s National Planning Policy as contained within the PPTS and NPPF; therefore it is appropriate to give greater weight to Policy HO3 of the Draft Chelmsford Local Plan.
8.22. Paragraph 10 of the PPTS includes a requirement for the Council to identify and update annually, a supply of five years of deliverable Gypsy and Traveller sites. Currently, the Council cannot demonstrate any supply of deliverable Gypsy and Traveller sites (as defined at Footnote 4 of Paragraph 10 of the PPTS), against the most up‐to‐date evidence of need.
8.23. Having regard to changes in national planning policy since 2008, the changes in the evidence of need, and the lack of any deliverable five‐year supply of Gypsy and Traveller sites, it would be difficult to consider that Policy DC34 is up‐to‐date for decision making purposes, specifically, Policy DC34 states that two 10 pitch Gypsy and Traveller sites are required, which is now not the case.
01DCOM 18/01476/FUL Page 8 09_OFFR88PT_2Item 8 8.24. The Draft Chelmsford Local Plan, which has been submitted to the Secretary of State for examination, contains policies and allocations that officers contend, take account of the provisions of the NPPF/PPTS. The Gypsy and Traveller site allocation in Drakes Lane is based upon up‐to‐date evidence of need, a site selection assessment and Sustainability Appraisal including an assessment of reasonable alternatives. Consequently, it is considered, in accordance with paragraph 48 of the NPPF, that due weight should be given to emerging Site Allocation GT1 (Drakes Lane) and Policy HO3.
8.25. Having regard to the strategic direction of approved and future development growth in North‐East Chelmsford, alongside the immediate and evidenced need for the Gypsy and Traveller site, the local planning authority is required in accordance with Paragraph 11 of the NPPF to consider whether any adverse impacts in granting planning permission would significantly, and demonstrably outweigh the benefits, when assessed against the policies of the NPPF as a whole.
Policy HO3 – Gypsy, Traveller and Travelling Showpeople Sites
8.26. Policy HO3 advises that the Council will make provision for the accommodation needs of Gypsies and Travellers, who meet the national Planning Policy for Traveller Sites (PPTS) definition, through allocated sites within the Local Plan; in the case of new sites, planning permission will be granted where all the following criteria are met:
(i) the site is not in the Green Belt, unless there are very special circumstances; and (ii) adequate community services and facilities are within reasonable travelling distance; and (iii) the capacity of the site does not exceed 10 pitches or plots; and (iv) the site is of sufficient size to accommodate the proposed number of caravans, vehicles and ancillary areas; and (v) there is no significant adverse impact on the intrinsic character and beauty of the countryside; and (vi) the site would not lead to the loss of, or adverse impact on, important historic and natural environmental assets; and (vii) there is no significant risk of land contamination or unacceptable risk of flooding; and (viii) the site provides a suitable living environment for the proposed residents and there is no significant adverse impact on the amenity of nearby residents; and (ix) safe and convenient vehicular access to the local highway network can be provided; and (x) essential services (water, electricity and foul drainage) are available on‐site or can be made available on‐site; and (xi) plots for Travelling Showpeople should also be of sufficient size to enable the storage, repair and maintenance of equipment.
(i) the site is not in the Green Belt, unless there are very special circumstances
8.27. The site is not located within the Green Belt. Compliance with criteria (i) is achieved.
(ii) adequate community services and facilities are within reasonable travelling distance
8.28. The City Council is required to carry out a Sustainability Appraisal of its Draft Local Plan to ensure that the likely social, economic and environmental effects of the Local Plan are identified, described and appraised, to help inform its development and to identify opportunities to improve the contribution of the Local Plan to sustainable development. Having considered the representations received, alongside updates to the Local Plan Evidence Base, the Council identified several proposed additional changes to the Plan; these have been submitted
01DCOM 18/01476/FUL Page 9 09_OFFR88PT_2Item 8 to the Planning Inspectorate for Independent Examination, alongside the Pre‐Submission Local Plan. An addendum to the Sustainability Appraisal was completed in June 2018.
8.29. The Site Allocation at Drakes Lane is scored as not significantly detracting from the objective of achieving sustainable living and revitalisation, health and wellbeing and transport; in each of these considerations the Gypsy and Traveller Site would have a minor negative effect.
8.30. Paragraph 103 of the NPPF recognises that opportunities for sustainable transport modes in rural areas are likely to be more limited. The proposal would not fully meet criteria (ii) of Policy HO3 presently but in common with other nearby residential properties it is within reasonable travel distance, by car, of community and local facilities. The situation would be improved with the advent of the strategic growth site. Further, it must be recognised that there are other sustainability benefits which afford due consideration. The provision of settled sites for Gypsies and Travellers encourages a peaceful and integrated existence, while facilitating traditional lifestyles. Permanent residential accommodation, allows better access to health and other services, whilst reducing the need for long distance travelling, and it also reduces the risk of unauthorised sites or encampments, with the related risk of environmental damage.
8.31. The Drakes Lane site is not currently served by the services and facilities proposed as part of the North‐East Chelmsford Garden Community. The siting of these facilities within the new development will be the subject of further masterplanning work, however, in the interim the existing services and facilities are not unreasonably distant from the Drakes Lane site.
8.32. A school bus currently serves Drakes Lane. The site lies within the Priority Admissions Area for Little Waltham Primary School and Chelmer Valley High School, therefore if parents choose to enrol their children in either of these schools, the County Infrastructure Planning Team has confirmed that they would qualify for free school transport. Three GP surgeries are situated within a 2.5 mile radius of the site at Little Waltham, Terling and Boreham; a level of accessibility which is comparable with many locations within Urban Chelmsford. A children’s play area would be incorporated within the scheme.
8.33. The proposal would have a minor negative impact in sustainability terms in the short term but would be improved in the longer term, with the advent of the proposed Garden Community. The scheme would have a minor positive effect in relation to housing and biodiversity, due to habitat mitigation and creation. Given the absence of any identified material harm in all other respects, as fully considered within Section 7.0 of the report below, significant weight can be attached to the immediate and evidenced need for Gypsy and Traveller pitches and the benefits of the proposal in securing the delivery of a Gypsy and Traveller site which would come forward ahead of wider development in North‐East Chelmsford, fulfil the requirement of development in NCAAP and meet the City Council’s future Gypsy and Traveller needs up to 2036 and would be delivered in the first five years of the Plan period.
(iii) the capacity of the site does not exceed 10 pitches or plots
8.34. Planning permission is sought for the change of use of land to a gypsy and traveller site to provide nine serviced Gypsy and Traveller pitches. Provision would also be made for a site manager’s office with visitor parking alongside. Compliance with criteria (iii) is achieved.
01DCOM 18/01476/FUL Page 10 09_OFFR88PT_2Item 8 (iv) the site is of sufficient size to accommodate the proposed number of caravans, vehicles and ancillary areas
8.35. Site Allocation GT1 requires the development scheme to provide high quality and inclusively designed amenity buildings for each pitch and fully serviced pitches. The Channels and Beaulieu s106 Agreements for Beaulieu and Channels secure the land as a fully serviced site together with the funding to implement the site.
8.36. The amenity buildings are modest in their nature, measuring 7.6m x 4.5m in size. The curved nature of their roof, and their overall scale, with an eaves height of 2m and a maximum ridge height of 3.6m ensures that they would not be visible to a marked degree from public vantage points. The site manager’s office would similarly be single storey and modest in its size, measuring 7m x 3.9m. The buildings would employ a curved roof; agreement to the materials would be secured by condition. Further consideration of the landscape impact of the scheme is considered under (v) below.
8.37. The use of land as caravan sites is controlled by planning legislation, whereas the physical standards and layout, amenities and other standards are controlled by a site licence issued under the Caravan Sites and Control of Development Act 1960. Section 5 of that Act enables local authorities to set licence conditions.
8.38. The Government issued ‘Model Standards for Caravan Sites’ in 2008. The model standards represent those standards normally expected as a matter of good practice on caravan sites. The standards will guide the exact requirements of the site licence which the applicant would be required to obtain from the City Council. Specifically, the standards require the following:
A 3m wide space between mobile homes and their boundaries ‐ Assessment: The layout plan shows compliance with this standard. Every trailer, caravan or park home must not be less than 6m from any other trailer, caravan or park home that is occupied separately – Assessment: The layout plan shows compliance with this standard. Fire points – no caravan/amenity block is to be situated more than 30m away from a fire point – Assessment: The layout plan shows compliance with this standard. Storage sheds are to be made of non‐combustible materials – Assessment: A condition is recommended to require details of the storage sheds to be submitted to and approved in writing by the local planning authority. The site must have sufficient provision for surface water drainage and storm water drainage and ensure ease of access for emergency vehicles and safe places for turning vehicles. The road to and from the site must be of sufficient quality and size to enable access onto and off the site by heavy vehicles e.g. trailers – Assessment: The applicant proposes to use a Sustainable Drainage System and to dispose of foul waste by a package treatment plant. The ECC SuD’s Team has reviewed the surface water drainage scheme and has raised no objections subject to the imposition of conditions. The provision of services to the site boundary will be delivered through a capped contribution from the Channels developer secured through a deed of variation to the s106 Agreement for that scheme (see Appendix 1). The site is accessed via metalled roads; Boreham Road, Drakes Lane and Leighs Road. ECC Highways has raised no objections subject to conditions regarding visibility sight splays and provision of the access, turning areas and parking areas. Sufficient lighting must be provided to enable safe access and movement through the site at night, for both pedestrians and vehicles. Lighting should be planned to illuminate access roads and access to pitches, but avoiding problems of light pollution to homes on the site through light shining directly into caravans, amenity buildings or park homes/trailers –
01DCOM 18/01476/FUL Page 11 09_OFFR88PT_2Item 8 Assessment: Details of lighting will be secured by condition; ensuring that the lighting scheme is visually satisfactory whilst reducing any undesirable effects of light pollution on the occupiers of future residents and existing natural habitats. Postal delivery; guidance suggests provision of an individual post box at the entry to each pitch – Assessment: The matter can be addressed by the site management plan; which is a pre‐commencement condition. Design and construction of the amenity buildings must meet the requirements of the current Building Regulations. A suitable means of heating should be installed throughout the amenity buildings – Assessment: An informative will be appended to the decision notice recommending that the applicant liaise with the Council’s Building Control Service. Heating will be provided to the amenity buildings.
8.39. Compliance with criteria (iv) is achieved.
(v) there is no significant adverse impact on the intrinsic character and beauty of the countryside
8.40. The site lies at the southern edge of the Terling Farmland Plateau Landscape Character Area (B17) as described by the Braintree, Brentwood, Chelmsford, Maldon and Uttlesford Landscape Character Assessments (LCA) prepared by Chris Blandford Associates in September 2006. The site is not covered by any national landscape designation. A Landscape & Visual Appraisal and Landscape Sensitivity & Capacity Assessment were commissioned by the City Council. The reports by consultants, Wood Environment & Infrastructure Solutions Ltd, were prepared in response to the public representations received in relation to the current planning application; the concerns relate to possible landscape or visual effects which may arise due to the proposed development.
8.41. The key characteristics of the LCA are described as:
Rolling arable farmland Irregular pattern of medium to large scale fields Scattered settlement pattern, with frequent small hamlets, typically greens and ponds Network of winding lanes; and Mostly tranquil away from the A12 and A131.
Landscape Character, Value & Sensitivity
8.42. The landscape’s sensitivity to development is given a rating of moderate and is described as follows:
The site is not typical of the wider LCA, being restored from historic quarrying operations. As such, development would not intrude upon the character of the LCA per se, although the typical Terling Farmland Plateau landscape does being immediately to the north of Drakes Lane. Vegetation creates a moderate degree of enclosure which would largely screen development to the south and east; development would be clearly visible from Drakes Lane.’
8.43. The report goes on to summarise the landscape sensitivity and capacity as:
‘Land at Drakes Lane is judged to be of moderate overall landscape sensitivity and low to moderate landscape value with a medium to high landscape capacity to accommodate low residential and employment development.’
01DCOM 18/01476/FUL Page 12 09_OFFR88PT_2Item 8 8.44. The consultant’s appraisal concludes that the proposed development would not substantially interrupt any of the features present within the LCA and has been ‘sensitively planned to maintain and enhance boundary hedgerows’. The proposed development is recognised as having the potential to bring ‘a slight increase in the activity to the immediate surroundings’ but the consultants conclude that ‘this is not out of keeping in an area with industrial activities to the west (Drakes Lane Industrial Estate) and south (gravel extraction), as well as farm machinery movements in arable fields to the north.’ The magnitude of change, upon the LCA, is considered ‘negligible, giving rise to a Negligible level of effect’.
Visual Context, Appraisal & Sensitivity
8.45. The topography of the site rises to the junction of Drakes Lane and Boreham Road. Overgrown hedgerows define the northern and eastern site boundaries and have gaps in places. A more substantial hedgerow bounds the site to the south‐east with a remnant hedgeline to the west. A series of lakes of substantial size associated with the historic sand and gravel extraction, are located immediately to the south and south‐west of the site.
8.46. The nearest residential properties are widely dispersed; Ashlea, located circa 220m to the north, Birds Farm located circa 340m to the north‐east in an isolated position on the southern side of Birds Farm Lane and Russell Green House located circa 290m to the south‐east in an isolated position on the eastern side of Boreham Road. The Wood Environment & Infrastructure Solutions Ltd report, concludes that due to presence of dense mature hedges and tree cover and a deep belt of trees to the south of the property known as Ashlea and multiple layers of vegetative screening associated with Birds Farm and Russell Green House, ‘the magnitude of change is considered to be negligible, giving rise to a minor level of effect’.
8.47. 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. The footpath follows an overgrown hedgerow with mature trees to its north. The consultants conclude that ‘even in winter, it is unlikely that there will be more than minor, heavily filtered views to the site, or proposed development available from the footpath, hence the magnitude of change is considered to be negligible, giving rise to a minor level of effect.’
8.48. High hedges with occasional mature trees line both sides of Drakes Lane. The site would be served by a newly created access from this road. A section of the existing hedgerow would be removed and trimmed back to allow for visibility. The consultants consider that the access would be ‘visible as a minor change to the existing views experienced by road users on Drakes Lane’ and note that ‘glimpses of the built form within the site would be visible as road users pass the site entrance’ but conclude that these would be ‘likely to be minor views experienced at speed’.
8.49. Views of the site from Boreham Road are assessed as heavily filtered by hedgerow vegetation. The consultants note the intention to enhance the eastern boundary hedgerow with new planting and on the assumption that this proves successful, they conclude that ‘views would gradually become more filtered by vegetation than is currently the case’. During winter months, filtered views would be slightly clearer due to the deciduous species present within the hedge but ‘overall the effect of the proposed development on existing views would include the introduction of built form, which would be perceptible through boundary hedges, but would be a minor element in views expressed at speed by road users…..The level of effect sustained as a result of the proposed development is considered to be minor.’
01DCOM 18/01476/FUL Page 13 09_OFFR88PT_2Item 8 8.50. The Wood Environment & Infrastructure Solutions Ltd report concludes that overall visual sensitivity would be moderate, ‘reflecting the location and orientation of the site’. ‘Development could be mitigated without damaging the intrinsic character of the landscape in this location which is fully represented to the north of Drakes Lane and east of Boreham Road’.
8.51. Having regard to the small scale of the proposed built form, the effects upon landscape elements within the site are assessed as minor with ‘negligible effects upon the landscape character within the study area’. The proposed development would increase built form across the site, ‘which would be partially visible from Drakes Land and Boreham Road, but these views are likely to be screened or heavily filtered by vegetation’; whilst the site entrance and glimpses of activity would be discernible in views from Drakes Lane, the consultants conclude that ‘this activity is unlikely to be out of keeping in an area already hosting a small amount of industrial and agricultural activity in the landscape’. A new boundary hedge is proposed to the west and infilling of hedges along the northern and eastern boundaries, which would ‘reinforce the local landscape character and degree of vegetative screening surrounding the site.’
8.52. The PPTS does not rule out Gypsy and Traveller sites in a rural setting. The scale of the proposal is not such that it would dominate the nearest settled community, Little Waltham to the south. Further, it is not the case that the extent and character of the landscaping proposed, would result in the occupiers being isolated from the community.
8.53. Conditions are recommended to require approval to a scheme of landscaping and a landscape management plan in accordance with paragraph 8.23 of the draft Chelmsford Local Plan.
8.54. Compliance with criteria (v) is achieved.
(vi) the site would not lead to the loss of, or adverse impact on, important historic and natural environmental assets
Trees
8.55. The site is set within a rural landscape. Paragraph 7.302 of the Draft Chelmsford Local Plan requires development to have an appropriate green edge to its boundaries to protect the visual amenities of the area. The submitted Tree Report confirms that protection of retained trees within the site can be achieved, without resulting in any substantial post development pressure. Four Category C field maples would require removal to facilitate the proposed site access together with a section of a Category C mixed hedgerow to allow access and acceptable visibility splays. A further six Category C trees; two field maples, two hawthorns, an English elm and a Goat Willow would require removal to allow for installation of the amenity buildings, a static trailer bay and to facilitate the proposed sewage and drainage run‐off. Two further Category C field maples and a common ash would be crown reduced on their southern aspect to allow for the installation of fencing. The proposed loss of several lower category trees, together with parts of a hedge group are not considered to have a significant impact upon the amenity of the area, subject to the implementation of new planting. A planted edge would still be retained to all site boundaries. A condition is recommended to require compliance with the submitted Tree Report.
Ecology
8.56. The site comprises a single field of semi‐improved grassland and bare ground, with a small section of dense scrub along the southern boundary. Survey work found the sward to be species poor, with no notable species present. Semi‐mature trees associated with the bank of a dry
01DCOM 18/01476/FUL Page 14 09_OFFR88PT_2Item 8 ditch, extending along the southern site boundary, offer some potential for roosting bats, but these are to be retained, and screened from the development by new hedgerow planting. A relatively fast flowing ditch, with some marginal aquatic vegetation, in the form of rushes and greater reedmace, along the western boundary, would be retained and screened from the development by planting.
8.57. The northern and eastern site boundaries are defined by hedgerows and a wire chain‐link fence; the dominant species are blackthorn and hawthorn, with hazel, field maple, ash and oak also present. The northern hedgerow qualifies a UK priority habitat due to is length (greater than 20m in length) and width (less than 5m). The eastern hedgerow, by contrast, is more defunct, species poor and less than 20m and so would not qualify. The scheme would remove a small section of the hedgerow on Drakes Lane (northern boundary) to provide access together with the trimming of a section of the remaining hedge to provide visibility splays. The hedgerow would be reinforced with native species planting. The eastern hedgerow would be removed and replaced. A newly planted landscaped strip would be introduced to the western and southern site boundaries. Replacement hedgerow planting would comprise at least seven native woody species to provide a hedgerow of greater ecological value than the existing.
8.58. No badgers were found to be present on site. Lighting during the construction, and operational phases, would need to be designed carefully to reduce impacts on bats, and disturbance to any nesting birds avoided.
8.59. Great Crested Newts were recorded in two of‐site ponds, located immediately adjacent the site; these were confirmed as breeding ponds supporting a medium population of Great Crested Newts. No Great Crested Newts were recorded in the on‐site pond. The development would result in the loss of optimal, and sub‐optimal, Great Crested Newt terrestrial habitat, which would have a medium to high impact on the species, due to its location within 50m of an identified breeding pond.
8.60. The site is well connected to the wider landscape aside from the road, Drakes Lane, to the north, which presents a dispersal barrier to Great Crested Newt movement. Great Crested Newts would more likely inhabit land to the south, an optimal terrestrial habitat in the form of a disused quarry and no dispersal barrier. All known Great Crested Newt breeding ponds would remain, unaffected, by the proposed development.
8.61. The supporting Great Crested Newt Mitigation Strategy advocates the creation of a mitigation area, via enhancement and restoration, on the western side of the site. The mitigation area would retain and enhance the on‐site pond for use by the Great Crested Newt population in the future. Trapping and translocation would take place within the development site. The addition of a pond would be a positive benefit to Great Crested Newts. The Mitigation Strategy would need to be agreed by Natural England as part of the licencing process, but officers are confident that it would satisfy the three legal tests and a licence would be issued.
8.62. The mitigation area would need to be managed and monitored during the aftermath of the development to ensure the population status of Great Crested Newts would be maintained. A habitat management plan and mitigation masterplan would need to be produced alongside the Great Crested Newt European Protected Species licence; by securing the mitigation strategy the development would comply with Policy DC13, emerging Policy NE1 of the Draft Chelmsford Local Plan, the requirement of emerging Site Allocation GT1 to provide appropriate habitat mitigation and creation and paragraph 175 of the NPPF.
8.63. Compliance with criteria (vi) is achieved.
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(vii) there is no significant risk of land contamination or unacceptable risk of flooding
8.64. The site was previously used as storage area for sub‐soil during mineral activities on the adjacent land. The initial (Phase 1) contamination report concluded that there were no significant contamination issues but due to the made‐up ground cover, it recommended that an intrusive investigation be under taken (Phase 2). The Phase 2 site investigation concluded that no further action was required, other than vigilance by any ground workers for evidence of any unrecorded contamination. The Public Health & Protection Service concur with the findings.
8.65. The site lies within Flood Zone 1, but the Environment Agency’s flood maps do not take account of small watercourses with a catchment area of less than 3km². Detailed hydraulic modelling of the unnamed watercourse, running close to the site’s western boundary, was carried out to identify the flood risk it might pose to development. The NPPF classifies the development as acceptable within Flood Zone 1, subject to the passing of an exception test regarding the use of the site for caravans. The proposed sewage treatment works are classified as ‘Less Vulnerable’ to flooding based on there being adequate measures to control pollution and manage sewage during flooding events. The local planning authority has satisfied itself that the site passes the Sequential Test.
8.66. The principal surface water risk is to the west, associated with the unnamed watercourse and adjacent land in the 1 in 1,000 year event. The risk is much less in the 1 in 30 year and 1 in 100 year events with only a small area of ponding shown to occur to the east of the site. A Flood Risk Assessment and Hydraulic Modelling Report has accompanied the application and provides mitigation advice to implement the scheme. The assessments recommend preparation of an outline surface water drainage strategy to manage the surface water run‐off generated by the proposed development and the employment of SuD’s techniques to manage post‐development surface water run‐off.
8.67. The scheme proposes employment of a device to the outfall manhole to restrict flows to the existing watercourse to the maximum discharge rate of 1.8 l/s based on the 1 in 100 year Greenfield run‐off rate. A new headwall outlet would be applied to the existing watercourse and permeable paving employed across the site.
8.68. The ECC SuD’s Team has reviewed the surface water drainage scheme and has raised no objections subject to the imposition of conditions to require the approval of (i) a detailed surface water drainage scheme for the scheme and (ii) a maintenance plan detailing the maintenance activities/frequencies and long‐term funding arrangements should any part be maintainable by a maintenance company.
8.69. The employment of a satisfactory drainage solution for the site which employs the use of SuD’s accords with the requirements of Site Allocation GT1. Compliance with criteria (vii) is achieved.
(viii) the site provides a suitable living environment for the proposed residents and there is no significant adverse impact on the amenity of nearby residents
8.70. The nearest residential properties are Ashlea, located circa 220m north of the site along Boreham Road, Russell Green House located circa 290m south‐east of the site along Boreham Road and Birds Farm located circa 340m to the north‐east in an isolated position on the southern side of Birds Farm Lane. The nearest development to the proposed site is the Drakes Lane Industrial Estate, situated approximately 90m to the west.
01DCOM 18/01476/FUL Page 16 09_OFFR88PT_2Item 8 8.71. Concerns have been raised by several people employed within, or operating businesses from the Drakes Lane Industrial Estate; specifically, in relation to the nature of activities operating from the estate, the use of hazardous materials and machinery and the associated safety risks, the unrestricted hours of operation and concerns that owners might face action in the future under the Planning or Environmental Protection Act, loss of business, increased insurance premiums and difficulties in renewing licences or heightened costs.
8.72. National Planning Policy does not expressly state that Gypsy and Traveller sites should not be positioned close to industrial businesses. Paragraph 13 of the PPTS requires that proper consideration should be given to the health and well‐being of any travellers. Paragraph 18 encourages mixed use sites and sites for Gypsy and Traveller pitches and businesses in proximity of one another, having regard to safety and amenity.
8.73. The Public Health & Protection Service has advised that the scheme does not raise any concerns in relation to the remit and responsibilities of the Service and it therefore has no objections. The Environment Agency has liaised with its waste teams who have in turn confirmed that there is nothing proposed at the Gypsy and Traveller site, which would impact upon its regulations or permitting regimes. The Drakes Lane Industrial Estate and the site of the future flour mill, are sufficiently separate from the proposed Gypsy and Traveller site so that they would not be materially damaging to the health and wellbeing of the occupiers of the site.
8.74. Conditions are recommended to ensure no commercial activities including the storage of materials and no burning of materials or waste can take place on the site and to restrict the number, and size, of commercial vehicles which can be kept on the land.
8.75. The site would be managed, by Hastoe Housing Association and the intention is that the ownership would be transferred to them. Hastoe Housing Association, have previous experience of managing a Gypsy and Traveller site in West Walton, West Norfolk. Hastoe will employ a site manager and the scheme includes a manager’s office and visitor parking close to the entrance. Residents would only be allowed to use their pitch for residential purposes and would not be allowed to carry out any trade, or operate any business, from their pitch. A condition is recommended to require formal agreement to the precise details of the site management arrangements.
8.76. The safety of occupiers of the pitches would not be harmed by the proximity of the industrial premises; any residents found to be accessing the adjacent lakes or the industrial estate would, like any member of the public deviating from the nearby public footpath, be trespassing on private land.
8.77. Concerns have been expressed in relation to an over‐concentration of Gypsy and Traveller Sites and the impact on residents and the community. Chelmsford currently has 81 Gypsy and Traveller pitches with 22 sites across its area, 5 of which are unauthorised. 62 of the 81 pitches are in the south of Chelmsford’s administrative area with the remaining 19 pitches, situated within the northern part of the Council’s area, where the Drakes Lane site is located.
8.78. Compliance with criteria (viii) is achieved.
(ix) safe and convenient vehicular access to the local highway network can be provided
8.79. Vehicular access is proposed to be taken from Drakes Lane; an unclassified rural road which links with the A130 to the west; this accords with the requirements of Site Allocation GT1. Traffic surveys were undertaken on two separate occasions to monitor traffic flow past the position of
01DCOM 18/01476/FUL Page 17 09_OFFR88PT_2Item 8 the proposed entrance. The data was then used to inform the design of the entrance and roadway layout. A vehicle tracking exercise has been undertaken to demonstrate that access into and out of the site is achievable by larger trailer vehicles. The applicant has demonstrated that they can achieve an access sufficient to accommodate the largest size vehicles likely to require access to/from the site and that the necessary visibility sight splay standards can be achieved. Compliance with criteria (ix) is achieved.
(x) essential services (water, electricity and foul drainage) are available on‐site or can be made available on‐site
8.80. The s106 Agreements for Channels and Beaulieu secure land for the provision of a Gypsy and Traveller site at Drakes Lane as a fully serviced site, as well as the funding to implement the site. A deed of variation to the Channels s106 Agreement has been drafted, which would enable the Channels developer to transfer a capped commuted sum to the applicant, to deliver services to the site.
8.81. The scheme would accommodate its own communal sewerage treatment plant in a secure enclosure within the south‐western corner of the site. Anglian Water has raised no comments on the basis that the applicant intends to dispose of waste by these means.
8.82. Compliance with criteria (x) is achieved.
(xi) plots for Travelling Showpeople should also be of sufficient size to enable the storage, repair and maintenance of equipment
8.83. The application site is allocated as a Gypsy and Traveller site to meet the needs of nomadic Gypsy or Travellers as defined in the national Planning Policy for Traveller Sites; it is not a site for Travelling Showpeople, separate provision is made elsewhere in the Draft Chelmsford Local Plan. Criteria (xi) does not therefore apply to this application.
Prematurity
8.84. Paragraph 49 of the NPPF advises that ‘arguments that an application is premature are unlikely to justify a refusal of planning permission other than in the limited circumstances where both (a) the development proposal is so substantial, or its cumulative effect would be so significant, that to grant planning permission would undermine the plan‐making process by predetermining decisions about the scale, location or phasing of new development that are central to an emerging plan; and (b) the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area (note underlining has been inserted for emphasis).
8.85. The development proposed in North‐East Chelmsford (Strategic Growth Site 4) will be formally considered as part of the Independent Examination of the Local Plan in late November / early December. The plan is at an advanced stage, but it is accepted that it is not yet formally part of the development plan for the area. Notwithstanding, there is nothing to prevent submission of a planning application ahead of this process. The planning application, as with all other applications, must be considered on its individual planning merits having regard to the policies of the both the adopted and emerging development plan, national planning policy and guidance and any other material considerations.
8.86. The Council is required by National Planning Policy to ensure a five‐year supply of deliverable Gypsy and Traveller sites is maintained. Currently, the Council has zero years of supply. The Drakes Lane scheme provides a deliverable site; i.e. there is a willing landowner and a
01DCOM 18/01476/FUL Page 18 09_OFFR88PT_2Item 8 Registered Provider, which will secure the effective future management of the site. 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.
8.87. The scheme is not considered to be ‘substantial’ in the same sense as for example, Strategic Growth Site 4, which delivers a significant proportion of the future housing growth, nor is its cumulative effect so significant that to grant planning permission would undermine the plan‐making process by pre‐determining decisions in relation to the phasing of new development which would be central to the emerging Chelmsford Local Plan. The scheme would satisfy a requirement of the adopted NCAAP to deliver a Gypsy and Traveller site within North Chelmsford, which form the basis of a planning obligation in the legal agreements for both the Beaulieu and Channels developments.
8.88. Having regard to the immediate and evidenced need for Gypsy and Traveller pitches, the testing and discounting of reasonable alternative sites and the proximity of Drakes Lane within a future area of change, Site Allocation GT1 is not considered illogical or unsound. Taking these factors into account, it is officer’s position that the Gypsy and Traveller site can come forward ahead of the wider development in North‐East Chelmsford, much of which has already been granted planning permission and is currently under construction.
Perception of Crime
8.89. The letters of representation raise concerns regarding a perceived severe risk of crime and anti‐social behaviour emanating from, or otherwise associated with the development; specifically, reference is made to other gypsy and traveller sites, and experience of unauthorised encampments, with the assertion being made that the travelling community displays little respect for the wider community and a refusal to integrate. Further, it is also asserted that anecdotally people associate the Gypsy and Traveller community with anti‐social behaviour and criminal activity. Concerns have also been expressed that if the development is allowed to go ahead then it will add further strain to police resources which are already stretched and result in heightened stress levels for those living close by.
8.90. Fear and the perception of crime, which might emanate from a development can be a material planning consideration. Specifically, paragraph 91 of the NPPF advises that ‘planning decisions should aim to achieve healthy, inclusive and safe places’ so that ‘(b) the fear of crime, do not undermine the quality of life or community cohesion.’
8.91. No empirical evidence (either at local or national level) exists to indicate that the presence of an authorised and managed Gypsy and Traveller caravan site of the kind proposed here is likely to result in an increase in crime or anti‐social behaviour in a locality.
8.92. The Committee is required to have due regard to local resident’s fears and perceptions of crime and anti‐social behaviour when determining the application, however, it is the advice of officers, that they should be accorded little, if any, weight and accordingly do not outweigh the material planning considerations set out in this report which support the grant of planning permission.
8.93. The site would be managed, by Hastoe Housing Association and the intention is that the ownership would be transferred to them. Hastoe will employ a site manager and the scheme includes a manager’s office. A condition is recommended to require formal agreement to the precise details of the site management arrangements.
01DCOM 18/01476/FUL Page 19 09_OFFR88PT_2Item 8 8.94. Essex Police has been in contact with the applicant as it recognises that the scheme could benefit from support by means of the Secured by Design scheme to promote crime prevention through environmental design. An informative is included encouraging the applicant to liaise with Essex Police regarding achieving Secured by Design accreditation.
8.95. The local planning authority has taken all matters into account including the objections raised by local residents, business owners/employees, other interested parties and the Parish Council’s in reaching its decision.
8.96. Under Section 194 of the Equality Act 2010, local authorities have a duty when making decisions to (i) have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not, and (ii) foster good relations between persons who share a relevant protected characteristic and those who do not. Policy HO3 of the Draft Chelmsford Local Plan is itself informed by the public sector equality duty, as is the case for the PPTS, with the aim being to enable Gypsies and Travellers to assess accommodation, which is consistent with their way of life. Further, the criteria contained within Policy HO3 are arguably informed, in part, by the duty to foster good relations between the gypsy and traveller communities and the non gypsy/traveller population. The requirement that there be no significant adverse impact on the amenities of nearby residents is particularly pertinent, and has been fully assessed within the report.
9. S106 Agreements – Beaulieu & Channels
9.1. The Channels s106 Agreement stipulates that the owners of the plot of land at Drakes Farm (the application site) shall carry out at their own expense:
Any necessary remediation and decontamination works; and Provide the services required to make the site fit for human habitation and occupation ie: as a Gypsy and Traveller site.
9.2. A deed of variation to the Channels s106 Agreement is necessary to recognise, and give effect to the change of plan, as outlined in previous reports to Cabinet. The deed of variation will secure the following:
The site owner will no longer be required to carry out remediation or decontamination works, as the reports/surveys commissioned by the owner have advised that this is not necessary. The Council’s Public Health & Protection Service have accepted the findings. The site area has been increased to accommodate land for the required drainage works and communal sewage treatment plant. The Registered Provider will install the services necessary to make the site fit for human habitation and occupation themselves which includes the drainage works. The site owner will be required to pay a capped contribution of £360,000.00 to cover the costs of those servicing works to the City Council within 90 days of the later of (i) a grant of planning permission for the Drakes Farm Gypsy and Traveller Site and expiration of the relevant Challenge Period or (i) the date following the grant of reserved matters approval for Channels Phase 6 Residential and expiration of the relevant Challenge Period. The site owner will transfer the freehold interest of the Drakes Farm site to the Registered Provider, substantially in the form of a separate Drakes Farm Transfer Agreement within one month of the payment of the capped contribution of £360,000.00.
01DCOM 18/01476/FUL Page 20 09_OFFR88PT_2Item 8 The City Council to transfer the capped contribution of £360,000.00 to the Registered Provider in accordance with the terms of a grant funding agreement, to be entered into between the City Council and the Registered Provider. Following the transfer of the land to the Registered Provider with the benefit of planning permission for use as a Gypsy and Traveller Site, and subject to a condition requiring the undertaking of Great Crested Newt Mitigation Works, the site owner will be required to enter into a Newt Mitigation licence with the Registered Provider. The Newt Mitigation licence will grant the Registered Provider all necessary rights to enter the mitigation land, for the purposes of carrying out and maintaining the mitigation measures, in respect of Great Crested Newts.
9.3. A deed of variation is also required to the Beaulieu s106 Agreement to secure the following:
An amendment to the definition of ‘Gypsy and Traveller Site’ to reflect the position above, that the land is to be transferred from the site owner directly to the Registered Provider, and not to the City Council. An amendment to Schedule 14 to reflect the position above that the costs incurred in the construction and laying out of the Gypsy and Traveller site will now be borne by the Registered Provider and not by the City Council.
10. Planning Obligation
10.1 The Conservation of Habitats and Species Regulations 2017, as amended, (commonly known as the Habitat Regulations) require all new residential developments that have the potential to cause disturbance to European designated sites to provide appropriate mitigation. An emerging Essex County wide strategic approach is being prepared; the Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS). Natural England issued interim advice in August 2018 to all Essex local planning authorities. The advice is intended to ensure that any residential planning applications, which come forward ahead of a County wide mitigation strategy, which have the potential to impact on coastal European designated wildlife sites are compliant with the Habitat Regulations.
10.2 The advice and evidence to date, shows that most of Chelmsford, including the application site, falls within a Zone of Influence under the Habitat Regulations. The RAMS project will provide appropriate mitigation for all new residential developments funded from commuted sums paid by developers; this will be achieved through the adoption of supplementary planning advice and collected through s106 Agreements. The work however, will not be completed until sometime in 2019.
10.3 The responsibility, in the interim, lies with individual local planning authorities to ensure that adequate mitigation is provided when planning permissions for net additional dwelling units are issued. Cabinet approved the introduction of an interim arrangement to fund mitigation and allow new residential development to proceed in advance of RAMS at the meeting on 20th November 2018. The current planning application would be determined in advance of RAMS and to comply with the Habitat Regulations, and for the local planning authority to support the scheme, it must deliver appropriate mitigation.
10.4 Cabinet agreed that all new residential dwellings contribute £100 per dwelling unit to fund mitigation measures required under the Habitat Regulations; this equates to £900 in relation to the application scheme. A unilateral undertaking will be entered to secure this contribution, which it is anticipated, will be completed by the Planning Committee meeting on 4th December.
01DCOM 18/01476/FUL Page 21 09_OFFR88PT_2Item 8 11. Conclusion
11.1. The Council is required by National Planning Policy 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.
11.2. The Gypsy and Traveller Accommodation Assessment for Essex identifies the need for eight Gypsy and Traveller pitches within the City Council administrative area; when extended across the Local Plan period up to 2036, this equates to nine pitches. 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 Sustainability Appraisal including an assessment of reasonable alternatives.
11.3. The application presents a deliverable scheme; there is a willing landowner and a Registered Provider which will secure the effective management of the site.
11.4. The scheme has been fully considered against Policy HO3 of the Draft Chelmsford Local Plan in accordance with paragraph 48 of the NPPF. The application would have a minor negative effect in sustainability terms in the short term, but this would be improved in the longer term with the proposed North East Chelmsford Garden Community. Given the absence of any material harm in all other respects, as fully considered within Section 7 of the report, significant weight can be attached to the immediate and evidenced need for Gypsy and Traveller pitches and the benefits of the proposal in securing the delivery of a Gypsy and Traveller site, which would fulfil a requirement within the NCAAP area, meet the City Council’s future Gypsy and Traveller needs up to 2036, and be delivered in the first five years of the Plan period.
11.5. 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.
11.6. 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.
01DCOM 18/01476/FUL Page 22 09_OFFR88PT_2Item 8 Consultations
Little Waltham Parish Council
Comments Council Response 03.10.18 Little Waltham Parish Council objects to the application on The points raised by the Parish Council have the following grounds: been reviewed and fully noted and are addressed within the report. 1. Draft Local Plan – Site is included within the emerging Local Plan, but the Parish Council has already objected at all consultation stages and contends that it is not a sustainable or appropriate area for a traveller site. The Plan has yet to be considered by the Inspector so should not be given substantial weight in considering the application. 2. NPPF – The guidance advises that areas should not be overly dominated by gypsy and traveller sites. An established traveller site exists at Cranham Hall Lane; incompatible with national policy to add another site in proximity as the area would be unduly dominated by such sites. 3. Infrastructure – Insufficient infrastructure within the area which is predominantly rural to accommodate such a site. No local transport links within this area. Increase in vehicle movements would be necessary to gain access to the site. The area does not benefit from street lighting. 4. Local Amenities – The location is very rural, detached from other residential communities and remote from public services such as doctors and schools. No consideration given to how a traveller community at the site would integrate with the settled community. 5. Impact on Local Services – Statistically the traveller community uses public services proportionally more than the settled population. Given existing development in the area and potential development in the future, the addition of a traveller site would only increase the impact on services such as health and education. 6. Existing Industrial Estate – Existing businesses use hazardous materials and heavy goods vehicles regularly attend the site. Noise is also generated by the site, which at present does not impact upon any residential properties. Incompatible to have residential accommodation so close to an industrial complex for health and safety reasons. 7. Determination – Given the complex issues, the Parish Council would wish the matter to be considered by the Planning Committee.
01DCOM 18/01476/FUL Page 23 09_OFFR88PT_2Item 8 Boreham Parish Council
Comments Council Response 10.10.18 Boreham Parish Council objects to the application for the The points raised by the Parish Council have following reasons: been reviewed and fully noted and are addressed within the report. 1. Pre‐Determination – The placing of the proposed site has been pre‐determined without any public or statutory consultation prior to the Cabinet decision. 2. Government Guidelines – Guidelines state that Gypsy and Traveller sites should be (i) readily accessible to local services and facilities such as shops, primary and secondary schools, health care and public transport and (ii) sites should give the impression that a site and its occupants are not deliberately isolated from the rest of the community. The site fails to meet the criteria as (i) the site is isolated from the local communities, a rural site with no nearby residential properties and no public transport available (the nearest public transport links are over 2 miles, there are no footpaths to these and the lane has a National Speed Limit). The site has poor access to local services including doctors, schools, shops (all over 2 miles from the site). The site is located next to an industrial estate with frequent movement of lorries and hazardous substances and machinery. The site is located close to several deep lakes resulting from gravel extraction. The site is located within 1 mile of another 10 pitch Gypsy and Traveller site.
Great & Little Leighs Parish Council
Comments Council Response 27.09.18 Great & Little Leighs Parish Council strongly object to the The points raised by the Parish Council have application on the following grounds: been reviewed and fully noted and are addressed within the report. 1. Draft Local Plan – The Plan designates a site for Travelling Showpeople at Moulsham Hall Road; concerns are raised at the provision of two sites within proximity. 2. NCAAP – The original site at Beaulieu/Channels has access to schools, health facilities, transport links, public areas and shops as required by government policy and stated in Policy DC34.
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3. Drakes Lane – The site has no footpaths, public open spaces or public transport links and narrow access roads which raise dangers to vehicles and pedestrians. CCC Policy states that a proposed Gypsy and Traveller site should be accessible to local services and facilities; clearly not the case. 4. Alternative Sites – Query whether other suitable sites have been explored. 5. Integration – The number of plots (9) would overwhelm residents making integration virtually impossible counter to national government policy. 6. Residential Development – A normal housing application would be refused in line with CCC’s own sustainability criteria eg: ease of access, lack of infrastructure; queried why the site is proposed.
Terling & Fairstead Parish Council
Comments Council Response 12.10.18 Terling & Fairstead Parish Council objects to the application The points raised by the Parish Council have as the closest community to the site. The Parish Council is been reviewed and fully noted and are disappointed to note there has been no engagement by the addressed within the report. applicant or its agents with its community. The objections are as follows:
1. Application Documents – The documents are deficient in that whilst they list the policies they fail to state how they are satisfied. 2. Prematurity – The application is considered premature as the proposed Local Plan policies do not promote private traveller site provision. The Council does not promote the site under Policy HO3 and therefore there is opportunity to refuse. 3. Sustainability – Great concerns are raised regarding the sustainability of the site in relation to the intended numbers of residential units and how these will impact upon the wider Terling community. The closest school is within the Terling settlement. The absence of public transport, unlit country roads with no pavements, no footpaths and bridleways linking the proposed site to the Parish combine to demonstrate the site’s remoteness and isolation from facilities and infrastructure. The site is manifestly unsuitable for 21st century residential occupation in any form.
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4. Planning Committee – Commend the committee to undertake a site visit to appraise, assess and understand its unsuitability for the proposed use. The Parish Council wishes it to be noted that it would seek to make representations objecting to the application at Planning Committee.
CCC Public Health & Protection Services
Comments Council Response 12.10.18 No contaminated land issues. Noted.
06.11.18 The proposal does not raise concerns in relation to the remit and responsibilities of this Service; no objections are therefore raised.
CCC Housing Standards
Comments Council Response 10.10.18 The exact requirements of the site licence are to be Noted. The requirements of the 2008 Model confirmed but will be guided by the 2008 Model Standards Standards for Caravan Sites have been fully for Caravan Sites. considered above in relation to Policy HO3 criteria (iv). A 3m wide space is required between the mobile homes and the boundaries – The layout plan now shows compliance with this. Every trailer, caravan or park home must not be less than 6m from any other trailer, caravan or park home that is occupied separately – The layout plan now shows compliance with this. Fire points – no caravan/amenity block is to be more than 30m away from a fire point – The layout plan shows compliance with this. Storage sheds are to be made of non‐combustible materials. The site must have sufficient provision for surface water drainage and storm water drainage and ensure ease of access for emergency vehicles and safe places for turning vehicles. The road to and from the site must be of sufficient quality and size to enable access onto and off the site by heavy vehicles e.g. trailers. Sufficient lighting must be provided on the site to enable safe access and movement through the site at
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night for both pedestrians and vehicles. Lighting should be planned to illuminate access roads and access to pitches but avoid problems of light pollution to homes on the site through light shining directly into caravans, amenity buildings or park homes/trailers. Postal delivery – Guidance suggests provision of an individual post box at the entry to each pitch. Design and construction of the amenity buildings must meet the requirements of the current Building Regulations. A suitable means of heating should be installed throughout the amenity buildings.
ECC Highways
Comments Council Response 15.11.18 The Highway Authority has considered the application and notes that due to the location, lack of footways and remoteness from public transport provision, virtually all journeys generated by the proposal would be by private vehicles.
The applicant has demonstrated that they can achieve an access sufficient to accommodate the largest size vehicles likely to require access to/from the site and that the necessary visibility sight splay standards can be achieved.
The Highway Authority has noted that to achieve the required visibility splays, hedge and foliage cut back is necessary, therefore a condition requiring the retention of the visibility splay, free from any obstruction always is applied.
The impact of the proposal is acceptable to the highway authority subject the following conditions and informatives:
Conditions
1. Prior to first occupation, the access at its centre line 1‐3. Noted. Conditions attached. shall be provided with clear to ground visibility splays with dimensions as shown on Drawing No. 48783‐P‐001 Rev A – Highways Proposed Access Location; such vehicular visibility sight splays shall be provided before the access is first used by vehicular traffic and retained free of any obstruction at all times. 2. Prior to first occupation, the vehicular access and turning facilities shown on Drawing No. 3376.20 Rev G, shall be constructed, surfaced, ready for use and
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maintained free from obstruction within the site at times for that sole purpose. 3. Prior to first occupation, the vehicle parking areas, as shown on Drawing No. 3376.20 Rev G shall have been constructed in accordance with the EPOA Parking Standards and be available for use. The vehicle parking area and associated turning area shall be retained in this form at all times.
Informatives
4. All work within or affecting the highway shall be laid out 4‐5. Noted. Informatives attached. and constructed by prior arrangement with, and to the requirements and satisfaction of the Highway Authority; details to be agreed before the commencement of works. The applicant should be advised to contact the Development Management Team by email at [email protected] or by post to SM02 – Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford, Essex CM2 5PU. 5. The Highway Authority cannot accept any liability for costs associated with a developer’s improvement. The costs include design check safety audits, site supervision, commuted sums for maintenance and any potential claims under Parts 1 and 2 of the Land Compensation Act 1973; to protect the Highway Authority against such compensation claims, a cash deposit or bond may be required.
ECC Infrastructure Planning
Comments Council Response 17.10.18 The site currently lies within the Priority Admissions Area for Noted. Little Waltham Primary School and Chelmer Valley High School, therefore if parents choose to enrol their children in either of these schools, they would qualify for free school transport. Children are not ‘placed’ in schools as which school they attend is down to parental choice. The location of the site may also mean that children from this site may have other choices of schools in future such as the new primary and secondary schools at Beaulieu.
ECC Gypsy & Traveller Unit
Comments Council Response No response.
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The local planning authority has contacted the County Gypsy and Traveller Unit and should a response be received, this will be included on the update paper.
ECC SuD’s Team
Comments Council Response 02.11.18 The ECC SuD’s Team has raised no objection to the application subject to conditions to require the following:
1. No works to take place until a detailed surface water 1‐2. Noted. Condition attached. drainage scheme for the site has been submitted to and approved in writing by the local planning authority based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. The scheme should demonstrate compliance with the non‐statutory technical standards and ECC’s Sustainable Drainage Systems Design Guide and should include, but not be limited to:
Provision of calculations demonstrating how the 1 in 1‐year Greenfield run‐off rate for the site was calculated. Detailed engineering drawings of each component of the drainage scheme to include flow control units and any permeable paving detail used on sloping ground. A final drainage plan which details exceedance and conveyance routes, finished floor levels and ground levels and the location and sizing of any drainage features. A written report summarising the final strategy and highlighting any minor changes to the approved strategy.
The scheme shall subsequently be implemented prior to occupation.
2. No works to take place until a Maintenance Plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies has been submitted to and approved in writing by the local planning authority. Should any part of the system be maintainable by a maintenance company, details of the long term funding
01DCOM 18/01476/FUL Page 29 09_OFFR88PT_2Item 8 arrangements shall be provided to and approved in writing by the local planning authority.
Informatives to cover the following matters:
3. Any drainage features proposed for adoption by ECC 3‐5. Noted. Informatives attached. should be subject to consultation with the relevant Highways Development Management Office. 4. Changes to existing watercourses may require separate consent under the Land Drainage Act before works take place. 5. The applicant is to be advised that it is their responsibility to ensure they comply with common law if the drainage scheme proposes to discharge into an off‐site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners.
Essex Police
Comments Council Response 25.09.18 Essex Police is in contact with the applicant with a view that An informative is included encouraging the the project could benefit from support by means of the applicant to liaise with Essex Police Secured by Design scheme to promote crime prevention regarding achieving Secured by Design through environmental design, a key enabler to encouraging accreditation. and supporting applicants to achieve certification to the appropriate level under the nationally acknowledged and police recommended Secured by Design award system.
Essex Fire & Rescue Service
Comments Council Response 15.10.18 Essex Fire & Rescue Service has commented as follows: Noted. Informative attached.
1. Access – The application appears to be satisfactory providing it meets the criteria detailed in Approved Document B of the Building Regulations B5. Further detailed observations on access and facilities for the Fire Service will be considered at the Building Regulation consultation stage. 2. Building Regulations – The applicant is advised that it is the responsibility of anyone carrying out building work to comply with the relevant requirements of the Building Regulations.
01DCOM 18/01476/FUL Page 30 09_OFFR88PT_2Item 8 3. Water Supplies – The applicant is reminded that additional water supplies for fire‐fighting may be necessary for the development. The applicant is urged to contact the Water Technical Officer at Service Headquarters tel: 01376 576344. 4. Sprinkler Systems – Clear evidence exists that the installation of Automatic Water Suppression Systems (AWSS) can be effective in the rapid suppression of fires. Essex Fire & Rescue Service therefore uses every occasion to urge building owners and developers to consider the installation of AWSS. Essex Fire & Rescue Service would strongly recommend a risk‐based approach to the inclusion of AWSS, which can substantially reduce the risk to life and of property loss. The Service encourages developers to use AWSS to allow design freedoms, where it can be demonstrated that there is an equivalent level of safety and that the functional requirements of the Regulations are met.
Essex and Suffolk Water
Comments Council Response 11.09.18 No apparatus is located within the proposed development. Noted. Informative attached.
No objections are raised subject to compliance with Essex & Suffolk Water requirements. Consent is given to the development on condition that a water connection is made to the company network for revenue purposes.
Anglian Water
Comments Council Response 15.10.18 No comments as for surface water drainage the applicant is Noted. proposing to use a Sustainable Drainage System and for foul sewage, they are disposing of waste by a package treatment plant.
Environment Agency
Comments Council Response 09.10.18 The Environment Agency has spoken to its waste teams who Noted. have confirmed that there is nothing proposed at the site which would impact upon its regulations / permitting
01DCOM 18/01476/FUL Page 31 09_OFFR88PT_2Item 8 regimes. No other comments.
NHS England
Comments Council Response No response.
The local planning authority has contacted NHS England and should a response be received, this will be included on the update paper.
Braintree District Council
Comments Council Response No response.
Letters of Representation
Comments Council Response
201 letters of representation have been received by local The points raised within the representations residents, business owners/employees of businesses within have been reviewed and fully noted and the adjacent industrial estate and others, which raise the considered within the report. The remaining following objections: comments are addressed below.
1. Non‐Provision at Beaulieu – Allocation of the site at 1. The legal agreement for the Beaulieu Drakes Lane not followed National Planning Policy. development secured a capped Freedom of Information Request has failed to ascertain contribution of £612,000, which would why the NCAAP site was undeliverable; reference made be used to enable physical provision of to a road (which should have been in the original plans) the site. The contribution was and a landowner who would not sell (despite the legal calculated on a detailed basis and on an obligations and the ability of the City Council to make a average figure from Homes England of Compulsory Purchase Order). Simple solutions could approximately £60,000 per plot. The have been followed – re‐routing of the feeder road and payment of a financial contribution in employment of the CPO process allowed for in NCAAP. lieu of / or in additional to physical No discernible evidence that any effort made to comply provision of infrastructure is acceptable with paragraph 3.74 of the NCAAP. City Council and the obligation satisfied the tests accepted the developer’s offer despite the conflict within the NPPF. The officer reports with for
paragraph 3.73. Concerns raised in the representations the Beaulieu and Channels to the Beaulieu application related to future occupiers developments were fully considered by of the new properties. Site was never transferred to be the Planning Committee and the adjacent the Park & Ride site or the new Beaulieu Park process has been transparent. The Station as indicated in the Beaulieu Planning Committee obligations are in accordance with Report. Provision proposed at a site within the NCAAP Regulation 123 of the CIL. area but in an area of countryside positively designated to be preserved from all development. Financial
01DCOM 18/01476/FUL Page 32 09_OFFR88PT_2Item 8 inducement of over £600,000 offered. Payment of the contribution in breach of the Council’s Bribery & Corruption Policy. New housing has now been erected adjacent the roundabout on Essex Regiment Way at Beaulieu. No evidence to support the relocation from the allocated site in NCAAP. Proper procedures have not been followed. 2. Drakes Lane Site: Progression & Procedural Matters – 2. The first report to Cabinet on 4th March Site considered without discussion or consultation with 2014 referred, in detail to the results of residents. Cabinet agreed to the site without full details a series of specialist surveys and reports of its unsuitability or a review of alternative sites. City which the site owner was obligated to Council influenced by large payments from developers. provide, in accordance with the terms Perception that the Council is pushing ahead with the of their legal agreement (Channels s106 scheme and not listening to residents. Decision to Agreement). Specialist advice was progress with the site made in a flawed Cabinet Meeting sought, and the findings were detailed many years ago without proper analysis. in full in the report. 3. Channels s106 Agreement – Developers had to deliver 3. The site owner has actively engaged the completed site by 2015 or a date as otherwise with the City Council regarding delivery agreed. Obligation reduced the developer’s obligation of the Gypsy and Traveller Site. The to supply affordable housing by 16 units. s106 s106 Agreement allowed for delivery of Agreement expired; understood a new one is being the site by a date as otherwise agreed. discussed. Developers required to A deed of variation to the s106 provide 35% Agreement has been drafted and is affordable housing; Channels s106 reduced the contained at Appendix 1. affordable housing requirement below the level required by Policy DC31. 4. Site Allocation 12 – Hastoe advise that no other sites were considered more deliverable or suitable than Drakes Lane but have failed to reference Site Allocation 12; ignored development plan policies in assuming no other sites. Site Allocation 12 carefully chosen to be extremely satisfactory in observing the requirements for a Gypsy and Traveller Site. 5. Alternative Sites ‐ ‘Call for Sites’ process conducted considerably later than the Cabinet meeting. Claim of the absence of any other options is disingenuous; Site Allocation 12 has not been built upon and there are plenty of options on the Beaulieu/Channels development. Sites should otherwise be allocated within the new Local Plan housing development areas to avoid the Gypsy and Traveller community becoming isolated. Consideration could be given to allocating an area adjacent the new Garden Village to serve as a genuine replacement for Site Allocation 12. 6. Site GT1 – Site should not be designated in the Chelmsford Local Plan; s106 Agreement was executed in direct contravention of paragraph 3.73 of the NCAAP with wilful disregard of paragraph 3.74. Methods by which the site came forward are disreputable and contravene Goal 16 and paragraph 16.5 of the UK
01DCOM 18/01476/FUL Page 33 09_OFFR88PT_2Item 8 Implementation of the Sustainable Development Goals. Reference to Policy B: Planning for Traveller Sites of Planning & Travellers Policy 2015; Local Plans should be consistent with the policies of the NPPF. 7. Policy DC34 & Emerging Policy HO3 – Policy contains four clear tests; planning application fails to meet three of those tests. Firstly, in relation to (i) access to local services and facilities and public transport is poor. Secondly, in relation to (ii) the site does not have readily accessible services and facilities so would result in unacceptable living conditions for its occupants; the site is also located next to a significant industrial area, the Drakes Lane Industrial Estate which contains many businesses, currently no habitable accommodation within the vicinity of the estate. The proposed North‐East Chelmsford Garden Village is not scheduled to be developed until 2022/23 to 2035/36 and it is not at all clear that there would be a significant community, including new schools and healthcare provision within this location. Thirdly, in relation to (iii) the scheme would harm the character and appearance of the area. Policy HO3 – failure to comply with (ii), (v) and (viii) for the same reasons as Policy DC34. 8. Domsey Lane Site – City Council spent considerable 8. The City Council will pursue money evicting gypsies and travellers from Domsey unauthorised encampments however Lane due to its unsuitability; overlooked in the context this does not render an application for of Drakes Lane. permanent residential accommodation for Gypsies and Travellers 9. Prematurity: Submission in Advance of the Adoption of unacceptable. the Chelmsford Local Plan – Query timing of application. Local planning authority predetermined its position. New Local Plan is at an advanced stage and its examination is imminent; given the controversy attached to the scheme, the allocation should be properly examined and not pre‐empted by the application. 10. Chelmsford Draft Local Plan: Site Allocation – Well founded objections made to the allocation, Plan may be declared unsound on several counts. No weight can be given to the draft policy due to the substantial objections; paragraph 48b of the NPPF refers.
11. Proximity of Cranham Road Gypsy and Traveller Site & Scale of Gypsy & Traveller Population ‐ Site less than 1 mile from the site. Disproportionate concentration of travellers within this rural community; integration with the local population, a national policy requirement would be too difficult. Cranham Road site not kept tidy; rubbish evident on site and in the road, concerns this could be repeated. Local planning authorities are required to ensure the scale of sites does not dominate the nearest settled community; application contradicts
01DCOM 18/01476/FUL Page 34 09_OFFR88PT_2Item 8 Policy 14 of Planning Policy for Traveller Sites (PPTS) as in an area of 1.5 miles diameter, 56% of the units would be Gypsy and Traveller. Runwell has 1 pitch per 82.78 residents. Little Waltham would have 1 pitch per 58.4 residents. Council claim that the densest provision of Gypsy & Traveller Sites exists to the south of Chelmsford; this does not accord with closer statistical scrutiny. 2001 – travellers site set up at Cranham Road; travellers evicted after 3 years and a £100,000 court battle – query why a further Gypsy and Traveller site being progressed in proximity. 12. Level of Provision – 9 pitches too many for the area; requirement should be split into several smaller sites rather than placing the entire allocation for the next 20 years in one unsuitable area. Stated requirement in NCAAP was for 10 pitches; site has only 9 but is clearly too small to accommodate the pitches properly. 13. Local Amenities Public Transport & Access ‐ No buses, footpaths or street lighting. No scope to introduce a pavement. Health ‐ GP practices are in Terling and Little Waltham; both a 2 mile walk. Education: Primary Schools ‐ Little Waltham, Boreham, Terling and Great Leighs are 2 miles or more away. Secondary school – Nearly 3 miles away as the crow flies but 5 miles by road. Open Space – No recreational facilities. No assessment made of the impact of additional pupil numbers on local schools or on GP surgeries and their capacity levels. Strain on local resources including waste disposal. Traveller children may stay at a school for a short period denying another child a full‐time education. Total of 40 caravans in a 1 miles radius could lead to a significant concentration of traveller children at Little Waltham School, which is already full. Boreham residents are now having to seek medical appointments at Hatfield Peverel. No proposals for enhanced infrastructure. Inability to provide suitable access to education, health, welfare and employment infrastructure is in stark contrast to Site Allocation 12. Translocation of the
Gypsy and Traveller Site generates a significant deterioration in the policy requirement CP1 for the traveller community. Awareness that some members of the travelling community would rather be isolated, but most would not wish to be marginalised away from the local community. Reference to UK Implementation of the Sustainable Development Goals 2016‐2017. 14. North‐East Chelmsford Garden Village – Site has not been through the Local Plan Examination in Public and
01DCOM 18/01476/FUL Page 35 09_OFFR88PT_2Item 8 the village is not scheduled to be developed until 2022/23 to 2035/36; lack of certainty regarding when there will be a significant community including new schools and healthcare provision. No public transport plan to provide adequate frequent access between the garden village and Site TS1; roads would remain unsafe and no footpaths exist. Inconsistency between the phasing of the Drakes Lane site and the Garden Village; no details given as to when the local services and facilities will be delivered. 15. Travelling Showpeople Sites – Council’s strategy is not to direct the Gypsy and Traveller pitches to the new Traveller Showpeople locations in Great Leighs and South Woodham Ferrers; reasoning queried. Option would make better sense for integration and dispersal and would be closer to support services and more sustainable, one of the Council’s objectives. 16. Sustainability Appraisal ‐ Little evidence that the site is 16.The Sustainability Appraisal does identify in a sustainable and suitable location; reference page a minor negative effect for Site 133, response/action of the Council page B83 and table Allocation GT1 Drakes Lane against SA at page G14. Bus stops referenced in the Appraisal Objective 6, in the absence of the Gravel (Gravel Pit Bus Stop) no longer exists and there is no bus Pit bus stop. service; nearest stop in Terling, 2.1 miles away – walk to the stop would be on unpaved routes and is a considerably greater distance than the ‘Institution of Highways and Transportation (IHT) publication ‘Guidelines for Providing for Journeys on Foot’. 400m typically viewed as an acceptable walking distance. 17. Model Standards for Caravan Sites – Scheme does not comply; each caravan should be treated as a separate residence. Majority of the windows in the amenity buildings and much of the parking does not meet safety standards. 18. Character & Appearance of the Area – Scheme not harmonious with the surroundings. Site falls within the Landscape Character Areas B17 and B21 within the Landscape Character Assessment. Established agricultural landscape close to designated protected country lanes with hedgerows demarcating traditional field patterns. Open location exposed to views from the surrounding road network. Detrimental impact on
landscape character. Contrary to Policies C and H of PPTS 2015 which strictly limits new traveller site development in open countryside away from existing settlements or outside areas allocated in the development plan. Sites in rural areas to respect the scale of, and not to dominate, the nearest settled community and avoid placing an undue pressure on the
01DCOM 18/01476/FUL Page 36 09_OFFR88PT_2Item 8 local infrastructure. Consistency required in the application of rural planning policies; site would not be considered acceptable for residential development. 19. Loss of Trees & Hedgerows – Site plan shows at least 50% mature tree removal and replacement with hedgerows. Essex Field Club have provided data of 1706 species recorded within the area. 5ha are shortly to be lost to the planned Flour and Feed Mill, adding to the loss of habitat. Debate over the screening offered by the site and whether this would be subject to a planning condition. 20. Ecology – Area of Russell Green Pits important site for birdlife with 127 species recorded, large numbers of wildfowl are present in the winter and a safe refuge for a variety of habitats. Site supports 24 species of butterfly and plants such as bee orchid. Red listed turtle dove has been known to breed in the surrounding area. 21. Residential Amenity – Site would be sandwiched between a flour mill, which will operate 24/7 and an industrial estate; unsuitable living environment. 22. Industrial Estate: Proximity of Uses – Estate home to a large specialist Volkswagen Dismantler, waste management company which also operates a 24 hour service, a large mailroom equipment supplier, steel fabricator, car mechanics/technician companies, car dealer, printing business and a B8 storage unit – many uses particularly car breakers, waste processing and steel manufacturers are considered inappropriate uses in close proximity to families living in caravans and prefabricated structures. County Highways signs require large vehicles to pass in front of the application site. Regard to be had to paragraph 182 of the NPPF; no evidence that existing operators would not face action in the future under the Planning Act or Environmental Protection Act once the travellers are in situ. 23. Industrial Estate: Hazardous Materials – Adjacent businesses working with hazardous and highly flammable materials. Buildings contain asbestos sheeting. Yearly licences required from the Environment Agency; graded based upon incidents relating to security, damage to boundary fences, pollution of water courses and other serious incidents which would result in penalties and impacts upon the cost of the licence
renewal. Risks managed through training and use of the correct PPE. Concerns unauthorised entry by residents of the gypsy and traveller site could result in the loss of an unblemished health and safety record and contracts. 24. Industrial Estate: Loss of Businesses – Devaluation of units unlettable to businesses. 25. Industrial Estate: Insurance – Existence of a traveller site
01DCOM 18/01476/FUL Page 37 09_OFFR88PT_2Item 8 would need to be declared; increased premiums. Struggling businesses would face even higher overheads. 26. Safety – Paragraph 3.3 of the Government’s Good Practice Guidance for Design and Gypsy & Traveller Sites states that they should not be situated near industrial processes or other hazardous places and comments on safety risks for young children. Proximity of site to industrial estate, very deep lakes (50m but described as a pond) and gravel workings presenting extreme dangers to children – health and safety issues involved with water and industrial waste. No reference to how access to the lakes would be controlled. Banks of Russell Green reservoir composed of London Clay which is particularly dangerous. No risk assessment undertaken. Site adjacent to future Marriages Mill; 24‐hour operation emitting light, noise and pollution. Children could play in the adjacent industrial estate. Planning Statement advises that site security and measures to prevent accidents from identified hazards would be the landowners/tenants responsibility; query how this might be achieved. Proximity will exacerbate the risk. Unfair exposure to local negative press were accidents to occur. Concerns travellers will wander onto the site. Estate must be open to permit vehicle entry and exit. Council officer visit to the site initially declined on the basis that a risk assessment had not been completed; significant duplicity as the Council is prepared to accept risks to others. 27. Risk of Crime – Severe risk to the local area; travelling community normally have little respect for the wider community and refuse to integrate. Police resources already stretched. MP Kemi Badenoch recently accompanied Police on a raid at a local travellers site at Felstead; view of that site not favourable. Cranham Road site resulted in attempted break ins at the industrial estate, need for additional security grilles and gates and uncontrolled risk of dogs entering the estate. 28. Effect on Local Communities – Intimidation of residents; Boreham and Great Leighs well‐functioning communities; site would upset the stability and serenity of the area. Heightened stress levels for those living close by. Query due diligence being placed on costs of
policing, ensuring children attend schools and tax collection. 29. Cranham Road – Gypsies and Travellers of the Cranham Hall Road site have already expressed strong reservations about ‘sharing’ the area with other travellers. Rivalries between groups of travellers is unlikely to promote peaceful and integrated
01DCOM 18/01476/FUL Page 38 09_OFFR88PT_2Item 8 co‐existence between the sites and the local community; one of the Council’s stated aims. 30. Protected Lanes – Planning policy prevents 30. The Council will seek to protect development within the vicinity of protected lanes; protected lanes in accordance with scheme attempts to address the issue by placing the site Policy DC15 of the adopted entrance on Drakes Lane. development plan and Polices SPS5 and LPHE2 of the Draft Chelmsford Local Plan. The position of the access point 31. Traffic – Increased traffic on Boreham and set to has been agreed with the Highway increase with the proposed development of Marriages Authority in terms of its presenting the Mill and residential development planned at Great safest point of access with acceptable Leighs and Boreham. Roads already used levels of visibility. An existing field gate inappropriately by large lorries heading to and from the access already existed within the site GB Finch Yard in Lynderswood Lane. Traffic count seems frontage with Drakes Lane. to have been confined to Drakes Lane itself; a count should be provided for Boreham Road. 32. Highway Infrastructure – Surrounding roads generally narrow, without pavements and unsuited to caravans and mobile homes and becoming increasingly busy; difficult in places for two vehicles to pass and many vehicles have ended up in ditches. Death of a motorbike rider at the junction of Boreham Road and Noakes Lane. National speed limit of 60mph. Drakes Lane identified as a PR Route 2 carrying heavy vehicular traffic flows between the A131 and A12. 33. Site Access – Drakes Lane junction is on a bend and hidden. Car/van towing a mobile home pulling out onto Boreham Road would be dangerous; accidents are highly likely. Minimum visibility splays cannot be met when judged against standards in Manual for Streets II and the measured speeds supplied in 2013. Vehicles sometimes will reverse off the industrial estate. 34. Public Right of Way ‐ Existing parking space leading to 34. Access to the Public Right of Way is not the public right of way. affected by the application. 35. Flood Risk Assessment – Assessment confined to the risks for the site itself. Failure to consider a scenario where the distributed holding tank becomes full;
overflow would occur and run directly into the ‘un‐named stream’ to the west of the site. An unrestricted diameter pipe is proposed as the outflow from a manhole, to limit the flowrate to that which would have occurred from the undeveloped site. Once overflow of the distributed tank occurs, the manhole/limiter pipe would be bypassed and an uncontrolled surge of water would pass into the stream. Russell Green Cottages are downstream from this increased surge flow and already suffer flood events. Flood control design for the site would increase the probability of flood events for at least Russell Green
01DCOM 18/01476/FUL Page 39 09_OFFR88PT_2Item 8 Cottages and possibly for others further downstream. Flood Risk Assessment should be updated to consider the increased risk to those downstream, to be no worse than they are within the site in its undeveloped state. 36. Occupiers – Site is to provide pitches for permanent residence; ‘travellers’ should have the responsibility to find accommodation, many homeless people who receive little or no assistance. 37. Discrimination – Handling of the matter discriminatory; travellers forced into dangerous unsuitable accommodation which is clearly inappropriate. Serious damage to adjacent businesses is also discriminatory. Developers not sought to move any other section of society or social group from NCAAP; direct conflict with Policy CP1. Developer and the City Council are promoting social exclusion of the traveller community; unjust. No inclusion or creation of mixed communities when compared with Site Allocation 12 contrary to Policy CP15. Reference to paragraph 26d of the NPPF; traveller sites to be determined in a way that avoids ‘the impression …. that a site and its occupants are deliberately isolated from the rest of the community.’ 38. Isolation & Exclusion – Exclusion that the gypsy and traveller community has suffered has become a self‐perpetuating cycle with their mode of living contributing to their own exclusion. Ability to reliably access education is a basic and important benefit; huge disadvantages arise when people are illiterate and not numerate, contributes to the perpetuation of their own exclusion. Reliable access to health services and conventional employment opportunities are of huge importance. NPPF policy of progressive inclusion for the Gypsy and Traveller community recognised in the allocation of Site 12, which offered the possibility to break the cycle of exclusion but not by Site Allocation GT1.
39. Hastoe Housing Association – Inexperienced in running 39. The Hastoe Group has an experienced Gypsy and Traveller sites; only one other in Norfolk. management team and operates an existing Gypsy and Traveller site in West Walton, West Norfolk. The local planning authority cannot refuse 40. Site Management – Hastoe has declared that the planning permission based on the manager of the site would be a resident ie: a gypsy or number of similar sites a Registered traveller, entirely useless in any unbiased liaison. No Provider operates. A site management measures to prevent residents removing the small plan would be secured by condition. storage buildings next to each caravan to allow another caravan to be parked.
01DCOM 18/01476/FUL Page 40 09_OFFR88PT_2Item 8 41. Affordable Housing ‐ Flagrant attempt to provide social 41. The local planning authority is required housing to members of the Gypsy and Traveller to set pitch targets to meet the community circumventing the waiting list of other identified need of those members of the existing community. Gypsy and Travellers, which fulfil the definition of a Gypsy and Traveller as set out at Annex 1 of the PPTS, and to allocate land, and provide criteria‐based policies within their Local Plans to meet the identified need. Hastoe Housing Association will maintain a register for applicants wishing to move onto the site as and when vacant pitches become available and only those who meet the definition of ‘gypsies and travellers’ as defined in Annex 1 of the PPTS would be eligible to apply for a pitch. Home or site owners who have their own settled accommodation, or land, would not be 42. Experience of Unauthorised Encampments – Boreham able to apply for a pitch. Village Green; significant anti‐social behaviour resulted 42.The example quoted was an in anxiety and hostility. Anecdotally people associate unauthorised encampment (trespass) the Gypsy and Traveller community with anti‐social whereas planning permission is sought behaviour and criminal activity. Suggestion that plans for an authorised site. submitted to cause the lowest amount of resistance. 43. Council Tax ‐ Gypsies who have not paid taxes should 43. Each pitch, as with all other residential not be helped; monies should be spent on improving properties would be assessed by the existing infrastructure benefiting tax paying residents. Valuation Office Agency and given a Council Tax banding. Residents would then pay the appropriate level of Council tax for their property. Gypsies and Travellers are subject to the same law enforcement rules as the settled community for non‐payment of taxes.
44. Planning Documents ‐ Planning Statement merely cites a description of the proposals with details of history for site selection; no analysis re: compliance with planning policies. Design Statement perpetuates an incorrect statement that the site is outside of the NCAAP and fails to reference the most relevant evidence. 45. Consultation & Community Engagement – No official consultation with residents and businesses. Residents first made aware of the Drakes Lane scheme through the local press. Aware there has been no communication with the residents of the Cranham Road site. 46. Decision – Should the application be approved and not called in by the Secretary of State, instructed by Marriage Mill Board to initiate a legal challenge to the decision.
01DCOM 18/01476/FUL Page 41 09_OFFR88PT_2Item 8 47. Impartiality – Irrespective of Hastoe’s involvement, the 47. The City Council has worked with the Council is the main promoter and cannot be judged as Registered Provider at pre‐application impartial. Prejudicial position adopted stage in the same way in which it would through the acceptance of the s106 Agreement; work with any other applicant. The further evidence of the Council’s inability to be determination of the application is a impartial. matter entirely for the Planning Committee, which is required to determine it having regard to policy and material planning considerations. 48. Pre‐Determination – Agreement offering the Drakes Lane sites is a weighty consideration; avoidance of the terms of NCAAP, avoidance of an amendment to the Plan and of planning application formality giving the appearance of ‘pre‐determination’. No alternatives examined before the Cabinet decision. No public consultation before the Cabinet decision. Decision made before recommendations could be made by statutory consultees. 49. Loss of Property Value. 49. The loss of property value is not a material planning consideration. 50. Impact on Boreham – Numerous planning applications 50. All planning applications are considered for development disregarding local resident’s views. on their individual merits and against National Planning Policy and the policies within the development plan.
One letter of comment has been received which makes the following points:
51. Drakes Lane – Site seems as good as any other if traveller provision is required within the area. 52. Local Opposition – Apparent local campaign to stop the scheme regardless of circumstances.
53. Impact on Local Amenities – 9 pitches would equate to 50+ residents; not an argument that this would place pressure on local services considering the thousands who will live at Beaulieu – know petitions are in place to stop that development. 54. Cranham Road Gypsy & Traveller Site ‐ Problems apparent with cannabis, dog breeding and rubbish; both sites should be properly monitored by the City Council. On the assumption that Drakes Lane is properly monitored, there should be no issues with the development. 55. Local Community – Residents should avoid starting on bad terms with knowledge of campaigns and petitions; better for the established community to welcome new residents and to give them the benefit of the doubt. 56. Complaints – The Council need to be prepared for complaints and to support residents.
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RECOMMENDATION
The Channels s106 Agreement and the Beaulieu s106 Agreement shall be varied along the lines detailed within Section 9 of the report. Authority is requested to complete the deeds of variation to the Channels and Beaulieu s106 Agreements by the Director of Sustainable Communities after consultation with the Legal & Democratic Services Manager.
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, the Director of Sustainable Communities be authorised to grant the application subject to the following conditions:
Condition 1 Time Limit The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In order to comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Condition 2 Accordance with Submitted Plans & Conditions The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and conditions listed on the decision notice.
Reason: In order to achieve satisfactory development of the site.
Condition 3 Samples of Materials Notwithstanding the details shown on Drawing No. 3376.21 Rev F, and prior to their use, samples of the materials to be used in the construction of the development hereby permitted shall be submitted to and approved by the local planning authority.
Reason: In order to achieve satisfactory development of the site in accordance with Policy DC45 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 4 Storage Shed Details Prior to first occupation, full details of the external storage sheds, as shown on Drawing No. 3376.20 Rev G shall be submitted to and approved by the local planning authority.
Reason: In order to achieve satisfactory development of the site in accordance with Policy DC45 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 5 Details of Boundary Treatments (i) Details of the proposed treatment of all boundaries, including drawings of any gates, fences, walls, railings or piers, shall be submitted to and approved by the local planning authority. (ii) The development shall not be occupied until the boundary treatments have been provided in accordance with the approved details.
01DCOM 18/01476/FUL Page 43 09_OFFR88PT_2Item 8 Reason: To ensure the proposed development is visually satisfactory and does not prejudice the appearance of the locality in accordance with Policy DC45 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 6 Landscape Design Proposals Details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved and in accordance with an agreed timetable unless the local planning authority gives its written consent to any variation.
Reason: In order to add character to the development and to integrate the development into the area in accordance with Policy DC45 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 7 Landscape Maintenance A schedule of landscape maintenance for a minimum period of five years shall be submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.
Reason: To ensure that the landscaping and planting is appropriately maintained in the interests of the character and appearance of the area in accordance with Policy DC45 of the Core Strategy and Development Control Policies Development Plan Document.
Condition 8 Great Crested Newt Mitigation No development shall take place, including demolition, ground works and vegetation clearance as identified on Drawing No. 3376.20 Rev G, the Tree Survey, Arboricultural Impact Assessment, Preliminary Arboricultural Method Statement and Tree Protection Plan prepared by Hayden's Arboricultural Consultants, 6934 Rev B dated 5th November 2018 and the Great Crested Newt Report and Mitigation Strategy prepared by Denny Ecology dated November 2018 until the local planning authority has been provided with: a) a copy of a licence issued by Natural England pursuant to Regulation 55 of the Conservation of Habitats and Species Regulations 2017 authorising the following activities relating to Great Crested Newts; capture, damage of resting place, destroy resting place, disturb and transport and approved b) a Great Crested Newt habitat management, maintenance and monitoring plan.
Reason: In the interests of wildlife habitat protection and achieving enhanced biodiversity through a range of measures in accordance with Policies CP9 and DC13 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 9 Surface Water Drainage No works shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and certified as technically acceptable in writing by the SuDS approval body or other suitably qualified person(s). The certificate and a copy of drawings/specification depicting the approved scheme shall thereafter be submitted by the developer to the Local Planning Authority as part of the developer’s application to discharge the condition. No development shall commence until the detailed
01DCOM 18/01476/FUL Page 44 09_OFFR88PT_2Item 8 scheme has been approved in writing by the Local Planning Authority. The approved scheme shall subsequently be implemented prior to occupation and should include but not be limited to:
(i) Limiting discharge rates from the site to as close as reasonably practicable to the greenfield runoff rate from the development for the same rainfall event for the 1 in 1 year and 1 in 100 year rainfall events. (ii) Detailed engineering drawings of each component of the drainage scheme. (iii) A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features. (iv) A written report summarising the final strategy and highlighting any minor changes to the approved strategy.
Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site, to ensure the effective operation of the SuD’s features over the lifetime of the development and to provide mitigation of any environmental harm which may be caused to the local water environment in accordance with Policy DC25 of the Adopted Core Strategy and Development Control Policies Development Plan Document. Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.
Condition 10 Surface Water Drainage Scheme – Maintenance No works shall take place until a Maintenance Plan detailing the maintenance arrangements for each element of the surface water drainage scheme, including the maintenance activities involved and the frequency of maintenance has been submitted to and certified as technically acceptable in writing by the SuD’s approval body or other suitable qualified person(s). The approved maintenance plan shall thereafter be submitted by the developer to the Local Planning Authority as part of the developer’s application to discharge the condition. Should any part of the surface water drainage scheme be maintainable by a private maintenance company, details of the long‐term funding arrangements should be provided to and approved as part of the Maintenance Plan. The surface water drainage scheme shall be maintained in accordance with the approved Maintenance Plan.
Reason: To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended and to ensure mitigation against flood risk in accordance with Policy DC25 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 11 Site Management Plan Prior to first occupation, a scheme for site management shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be adhered to at all times subject to such minor variation which may be approved by the local planning authority.
Reason: To safeguard the amenities of the occupiers of neighbouring residential properties and future residents of the development in accordance with Policy DC4 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 12 Vehicular Access & Turning Facilities Prior to first occupation, the vehicular access and turning facilities shown on Drawing No. 3376.20 Rev G, shall be constructed, surfaced, ready for use and maintained free from obstruction within the site at times for that sole purpose.
01DCOM 18/01476/FUL Page 45 09_OFFR88PT_2Item 8 Reason: In the interests of highway safety.
Condition 13 Parking Spaces Prior to first occupation, the parking spaces shown on approved Drawing No. 3376.20 Rev G, shall be provided in accordance with the drawing. The spaces shall not thereafter be used for any purpose other than the parking of motor vehicles in conjunction with the residential use of the site.
Reason: To ensure that parking provision is acceptably integrated within the development and to prevent on‐street parking in the interests of highway safety and the amenities of the area in accordance with Policies CP8, DC7 and DC42 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 14 Visibility Sight Splays Prior to first occupation, the access at its centre line shall be provided with clear to ground visibility splays with dimensions as shown on Drawing No. 48783‐P‐001 Rev A – Highways Proposed Access Location; such vehicular visibility sight splays shall be provided before the access is first used by vehicular traffic and retained free of any obstruction at all times.
Reason: In the interests of highway safety.
Condition 15 Compliance with Tree Report In relation to tree protection, tree surgery and construction methods, the development shall only be carried out in accordance with the Tree Survey, Arboricultural Impact Assessment, Preliminary Arboricultural Method Statement and Tree Protection Plan prepared by Hayden's Arboricultural Consultants, Project No. 6934 dated 17th August 2018 and Drawing No. 6934‐D‐AIA Rev B unless the local planning authority gives its written consent to any variation.
Reason: To safeguard the existing trees in accordance with Policy DC14 of the Adopted Core Strategy and Development Control Policies Development Plan Document.
Condition 16 Occupation The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 ‐ Glossary of the Planning Policy for Traveller Sites, August 2015 (or its equivalent in any replacement national planning policy).
Reason: To ensure the site meets the evidenced identified unmet need for permanent residential accommodation for Gypsies and Travellers in accordance with Site Allocation GT1 and Local Plan Policy HO3 of the Draft Chelmsford Local Plan.
Condition 17 Number of Pitches The development hereby approved shall comprise no more than 9 pitches and a pitch for a site managers office as shown on approved Drawing No. 3376.20 Rev G.
Reason: To ensure the site meets the evidenced identified unmet need for permanent residential accommodation for Gypsies and Travellers in accordance with Site Allocation GT1 and Local Plan Policy HO3 of the Draft Chelmsford Local Plan, to protect the living environment of residents on the site, to ensure there is no significant loss of soft landscaping amenity provision, to ensure no significant adverse impact on the intrinsic
01DCOM 18/01476/FUL Page 46 09_OFFR88PT_2Item 8 character and beauty of the countryside and no adverse impact in terms of highway access and vehicle movement in accordance with Local Plan Policy HO3 of the Draft Chelmsford Local Plan.
Condition 18 Number of Caravans on Pitches No more than two caravans as defined in the Caravan Sites and Control of Development Act 1960 as amended (of which no more than one shall be a static caravan or mobile home) shall be stationed at each pitch at any one time.
Reason: To ensure the site meets the evidenced identified unmet need for permanent residential accommodation for Gypsies and Travellers in accordance with Site Allocation GT1 and Local Plan Policy HO3 of the Draft Chelmsford Local Plan, to protect the living environment of residents on the site, to ensure no significant adverse impact on the intrinsic character and beauty of the countryside and no adverse impact in terms of highway access and vehicle movement in accordance with Local Plan Policy HO3 of the Draft Chelmsford Local Plan.
Condition 19 No Commercial Activities No commercial activities, including the storage of materials, shall take place on the land other than the storage of materials in vehicles authorised to park on the site.
Reason: To protect the living environment of residents on the site and adjacent neighbouring residents, to ensure no significant adverse impact on the intrinsic character and beauty of the countryside and no adverse impact in terms of highway access and vehicle movement in accordance with Local Plan Policy HO3 of the Draft Chelmsford Local Plan.
Condition 20 No Burning of Materials or Waste No burning of materials or waste shall take place on the site.
Reason: To protect the living environment of residents on the site and adjacent neighbouring residents and to ensure there is no significant adverse impact on the intrinsic character and beauty of the countryside in accordance with Local Plan Policy HO3 of the Draft Chelmsford Local Plan.
Condition 21 Number of Commercial Vehicles on Each Pitch No more than one commercial vehicle per pitch shall be kept on the land; each vehicle shall not exceed 3.5 tonnes in unloaded weight and shall not be stationed, parked or stored at the site other than within the relevant pitch. No other commercial vehicles shall be kept on the land.
Reason: To protect the living environment of residents on the site and adjacent neighbouring residents, to ensure no significant adverse impact on the intrinsic character and beauty of the countryside and no adverse impact in terms of highway access and vehicle movement in accordance with Local Plan Policy HO3 of the Draft Chelmsford Local Plan.
Notes to Applicant
1 Highway Works All highway related details shall be agreed with the Highway Authority prior to implementation and all works affecting the highway shall be carried out to the satisfaction of the Highway Authority; such details to be agreed before the commencement of works. You are advised to contact the
01DCOM 18/01476/FUL Page 47 09_OFFR88PT_2Item 8 Development Management Team by e‐mail at [email protected] or by post: SM02 Essex Highways, Springfield Highways Depot, Colchester Road CM2 5PU.
2 Liability The Highway Authority cannot accept any liability for costs associated with a developer’s improvement. The costs include design check safety audits, site supervision, commuted sums for maintenance and any potential claims under Parts 1 and 2 of the Land Compensation Act 1973; to protect the Highway Authority against such compensation claims, a cash deposit or bond may be required.
3 Street Naming & Numbering This development will result in the need for a new postal address. Applicants should apply in writing, email or by completing the online application form which can be found at www.chelmsford.gov.uk/streetnaming. Enquires can also be made to the Address Management Officer by emailing [email protected].
4 Essex Fire & Rescue Service You are advised that:
1. Detailed observations on access and facilities will be provided by the Fire Service at the Building Regulation consultation stage. 2. The responsibility to carry out building work which complies with the relevant requirements of the Building Regulations rests with the applicant. 3. Additional water supplies for firefighting may be necessary to serve the development and you are advised to contact the Water Technical Officer at Essex County Fire & Rescue Service Headquarters in this respect; tel. 01376 576342. 4. Clear evidence exists that the installation of Automatic Water Suppression Systems can be effective in the rapid suppression of fires.
5 Essex and Suffolk Water Essex and Suffolk Water has advised that a water connection will need to be made to the Essex and Suffolk Water network for each pitch for revenue purposes.
6 Drainage Features Any drainage features proposed for adoption by Essex County Council should be subject to consultation with the relevant Highways Development Management Office.
7 Changes to Existing Watercourses Changes to existing watercourses may require separate consent under the Land Drainage Act before works take place.
8 Applicant Responsibility – Drainage Discharge You are advised that it is the applicant’s responsibility to ensure compliance with common law if the drainage scheme proposes to discharge into an off‐site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners.
9 Liaison with Building Control You are advised to liaise with the Council's Building Control Service to ensure that the design and construction of the amenity buildings meets the requirements of the current Building Regulations.
01DCOM 18/01476/FUL Page 48 09_OFFR88PT_2Item 8 10 Fee for Discharge of Conditions Applications This planning permission is subject to planning condition(s) that need to be formally discharged by the Council. Applications to discharge planning conditions need to be made in writing to the local planning authority. Forms and information about fees are available on the Council's website.
11 Secure by Design Essex Police has advised that the scheme would benefit from support by means of the Secured by Design scheme to promote crime prevention through environmental design. You are encouraged to take advantage of the Essex Police free advice service in supporting the ethos of paragraph 91 of the NPPF.
Positive and Proactive Statement
The Local Planning Authority provided advice to the applicant before the application was submitted and also suggested amendments to the proposal during the life of the application. The Local Planning Authority has assessed the proposal against all material considerations including planning policies and any comments that may have been received. The planning application has been approved in accordance with the objectives of the National Planning Policy Framework to promote the delivery of sustainable development and to approach decision taking in a positive way.
SUMMARY OF RELEVANT ADOPTED AND EMERGING PLANNING POLICIES:
CP7 Core Policy CP7 Area Action Plans ‐ The City Council will prepare and implement Area Action Plans for Chelmsford Town Centre and North Chelmsford, which will set out an integrated land use and urban design framework to direct development proposals and public realm investment.
CP9 Core Policy CP9 Protecting Areas of Natural and Built Heritage Importance ‐ The City Council is committed to protecting and enhancing the City's important natural and historic environment and will therefore seek to sustain biodiversity, archaeological and geological conservation.
CP10 Core Policy CP10 Protection from Flooding ‐ The City Council will require that development is protected from flooding and that appropriate measures are implemented to mitigate flood risk and will work with the Environment Agency to put in place strategic flood defence measures.
CP13 Core Policy CP13 Minimising Environmental Impact ‐ The City Council will seek to ensure that development proposals minimise their impact on the environment and that they do not give rise to significant and adverse impacts on health, amenity including air quality, and the natural environment.
CP15 Core Policy CP15 Meeting the Housing Needs of Our Communities ‐ The City Council will require a mix of dwelling types and sizes, including affordable housing, to be provided in each new housing development to accommodate a balance of different household types and contribute to the creation of mixed and inclusive communities.
CP20 Core Policy CP20 Achieving Well Designed High Quality Places ‐ The City Council will require the layout and design of all development to create well designed high quality successful places for living and working.
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DC4 Development Control Policy DC4 Protecting Existing Amenity ‐ All development proposals should safeguard the amenities of the occupiers of any nearby properties by ensuring that development would not result in excessive noise, activity or vehicle movements, overlooking or visual intrusion and that the built form would not adversely prejudice outlook, privacy, or light enjoyed by the occupiers of nearby properties.
DC7 Development Control Policy DC7 Vehicle Parking Standards at Developments ‐ All development will be required to comply with the vehicle standards as set out at Appendix C of the Core Strategy and Development Control Policies Development Plan Document.
DC13 Development Control Policy DC13 Site of Biodiversity and Geological Value ‐ The City Council will seek to restore, maintain, and enhance biodiversity and geological conservation interests. Appropriate weight will be attached in respect of designated sites when determining planning applications.
DC14 Development Control Policy DC14 Protected Trees and Hedges ‐ Planning permission will be refused for any development that would be liable to cause demonstrable harm to protected woodland, trees and hedgerows, unless conditions can be imposed requiring the developer to take steps to secure their protection.
DC25 Development Control Policy DC25 Water Efficiency and Sustainable Drainage Systems ‐ The City Council requires developments to incorporate measures that reduce the demand for water, and the provision of sustainable drainage systems for the disposal of surface water within and leading from development sites.
DC26 Development Control Policy DC26 Contaminated Land ‐ Planning permission will only be granted for development on, or near to, former landfill sites or on land which is suspected to be contaminated, where the City Council is satisfied that there will be no threat to the health of future users or occupiers of the site or neighbouring land and that there will be no adverse impact on the quality of local groundwater or surface water quality.
DC34 Development Control Policy DC34 Gypsy and Traveller Accommodation ‐ This sets the criteria for allocation of sites and circumstances under which planning permission will be granted including accessibility to services, location, size and impact.
DC42 Development Control Policy DC42 Site Planning ‐ Planning permission will be granted for development proposals where the site planning and design of building spaces arranges access points, routes within the site, public and private spaces, building forms and ancillary functions in an efficient, safe, workable, spatially coherent and attractive manner, incorporates existing site features of value and does not cause unacceptable effects on adjoining sites, property or their occupiers.
SPS3 Strategic Policy S3 Addressing Climate Change and Flood Risk ‐ The Council, through its planning policies and proposals that shape future development will seek to mitigate and adapt to climate change. The Council will require that all development is safe, taking into account its expected life span, from all types of flooding.
01DCOM 18/01476/FUL Page 50 09_OFFR88PT_2Item 8 SPS5 Strategic Policy S5 Conserving and Enhancing the Historic Environment ‐ The Council will protect and enhance the historic environment. When assessing applications for development there will be a presumption in favour of the preservation and enhancement of designated heritage assets and their setting. The Council will also seek to protect the significance of non‐designated heritage assets.
SPS6 Strategic Policy S6 Conserving and Enhancing the Natural Environment ‐ The Council is committed to the conservation and enhancement of the natural environment through the protection of designated sites and species, whilst planning positively for biodiversity networks and minimising pollution. The Council will plan for a multifunctional network of green infrastructure. A precautionary approach will be taken where insufficient information is provided about avoidance, management, mitigation and compensation measures.
LPHO3 Local Policy H03 Gypsy, Traveller and Travelling Showpeople Sites ‐ The Council will make provision for the accommodation needs of Gypsy, Traveller or Travelling Showpeople, who meet the national Planning Policy for Traveller Sites definition, through an allocated site within the Local Plan. Planning permission will be granted for new sites or subdivision of existing plots or pitches subject to compliance with prescribed criteria.
LPHE2 Local Policy HE2 Non‐Designated Heritage Assets ‐ Proposals will be permitted where they retain the significance of a non‐designated heritage asset, including its setting. Any harm or loss will be judged against the significance of the asset.
LPNE1 Local Policy NE1 Ecology and Biodiversity ‐ The impact of a development on Internationally Designated Sites, Nationally Designated Sites and Locally Designated Sites will be considered in line with the importance of the site. With National and Local Sites, this will be balanced against the benefits of the development. All development proposals should conserve and enhance the network of habitats, species and sites.
LPNE2 Local Policy NE2 Trees, Woodland and Landscape Features ‐ Planning permission will only be granted for development proposals that do not result in unacceptable harm to the health of a preserved tree, trees in a Conservation Area, preserved woodlands or ancient woodlands. Development proposals must not result in unacceptable harm to natural landscape features that are important to the character and appearance of the area.
LPNE3 Local Policy NE3 Flooding/SUDs ‐ Planning permission for all types of development will only be granted where it can be demonstrated that the site is safe from all types of flooding. All major developments will be required to incorporate water management measures to reduce surface water run‐off.
LPMP1 Local Policy MP1 High Quality Design ‐ Development must be compatible with its surroundings having regard to scale, siting, form, architecture, materials, boundary treatments and landscape.
LPMP2 Local Policy MP2 Design and Place Shaping Principles in Major Developments ‐ The Council will require all new major development to meet the highest standards of built and urban design. Development should be well‐connected, respond positively to local character and context and create attractive, multi‐functional,
01DCOM 18/01476/FUL Page 51 09_OFFR88PT_2Item 8 inclusive, overlooked and well maintained public realm. The Council will require the use of masterplans on strategic scale developments.
LPMP4 Local Policy MP4 Design Specification for Dwellings ‐ All new dwellings shall have sufficient privacy, amenity space, open space, refuse and recycling storage and shall adhere to the Nationally Described Space Standards. All houses in multiple occupation shall also provide, amongst other matters, adequate cycle storage, parking and sound proofing.
LPMP5 Local Policy MP5 Parking Standards ‐ All development will be required to comply with the vehicle parking standards set out in the Essex Parking Standards ‐ Design and Good Practice (2009) or as subsequently amended.
LPPA1 Local Policy PA1 Protecting Amenity ‐ Development proposals must safeguard the amenities of the occupiers of any nearby residential property by ensuring that development is not overbearing and does not result in unacceptable overlooking or overshadowing. Development must also avoid unacceptable levels of polluting emissions
LPPA2 Local Policy PA2 Contamination and Pollution ‐ Permission will only be granted for developments on or near to hazardous land where the Council is satisfied there will be no threat to the health or safety of future users and there will be no adverse impact on the quality of local ground or surface water. Developments must also not have an unacceptable impact on air quality and the health and wellbeing of people.
Background Papers
Case File
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