District Council NOTICE OF MEETING

Committee : Development Date : Tuesday 13 January 1998

Place : Civic Offices, Time : 7 .30 p .m . High Street, Epping

Room : Council Chamber Committee Secretary : M Smith (Ext 4245)

Members : Councillors R Heath (Chairman), D Yeo (Vice- Chairman), Mrs M Boatman, J Carr, Mrs J Davis, G Farren, J Gilliham, Ms A Haigh, E Hudspeth, D Kelly, A Larner, L Martin, R Morgan, , Mrs J O'Brien, J Padfield, R Pearce, J Pledge, M Wardle, M Welch, Mrs S Welton, K Wright . f ~~Background papers for .an item or report are those documents 11,relating to the subj'ect matter of the report which disclose any facts or matters on which (in the proper officer's hdecision) the report or an important part of the report is 1'iased and have in his opinion been relied upon to a material xtent in preparing the report . These are listed at the conclusion of each relevant agenda item and do not include any 4published work .

Inspection of background papers may be arranged by contacting the officer responsible for the item .

BUSINESS

INDEX OF ITEMS . . PART A - MA~JOR~rITEMS FOR DEBATE

4 . Waste Plan - Second Consultation Draft (see also Appendix 1)

Area of "White Land" between Ninefields Estate and former Honey Lane Hospital, Waltham Abbey (see also Appendix 2)

6 . Development Brief - Former Council Depot, Weald Hall Lane, Thornwood

7 . The Essex Design Guide for Residential and Mixed Use Areas

8 . Planning Application EPF/678/96 - Outline Application for Motorway Service Area, Junction 5, M11, (see also Appendix 3)

9 . Budget 1998/99 (see also Appendix 4)

1

Civic Ofl-rces, Nigh Street, Epping, Essex. CMl6 4BZ PART B - ROUTINE ITEMS FOR DECISION `

10 . Review of Housing Association Design Standards

11 . Planning Proceedings - Award of Costs Against the Council - Dorrington Farm, Rye Hill Road,

12 . Costs Awarded Against the Council

13 . Proposed Millennium Maze (see also Appendix 5)

14 . Management Body of the former Leca Works, Ongar

15 . Former Epping-Ongar Railway

16 . Bansons Lane Redevelopment Proposals,

17 . Planning Training for Councillors

18 . Planning Applications - Delegation Agreement

19 . Major Projects/Proposals - Proqress (see also " Appendix 6)

20 . Progress Reports

21 . Representation on outside Organisations

PART C - INFORMATION ITEMS / 22 . Information Items

PART D - CONSIDERATION IN PRIVATE SESSION Development Committee 13 January 1998

PART A - MINUTES, APOLOGIES, PUBLIC QUESTIONS AND MAJOR POLICY ITEMS FOR DEBATE

1 . MINUTES

To confirm the minutes of the meeting held on 28 October 1997 (previously circulated) .

2 . APOLOGIES FOR ABSENCE

3 . PUBLIC QUESTIONS

3 .1 (Chief Executive) To answer any questions in accordance with Standing Order A51 from members of the public of which notice has been given .

3 .2 Standing Order A51 requires that a maximum of 15 minutes shall be allowed under this item, except if the Chairman exercises his or her discretion to extend the time if a large number of questions need to be dealt with . Development Committee 13 January 1998 MAJOR POLICY ITEMS FOR DEBATE

4 . ESSEX WASTE PLAN - SECOND CONSULTATION DRAFT (Minute 36 - 28 .8 .96)

Recommendations :

That, subject to the views of the Public Health and Transportation Committees :

(1) That strong reservations be expressed to the County Council about the selection of the Airfield site because of (a) loss of industrial land ; (b) proximity to residential areas ; (c) detrimental effect on leisure uses of the Airfield ; (d) traffic implications on the Airfield and in other parts of the District ; (e) visual impact on the edge of the Green Belt ;

(2) That it be acknowledged that, if the industrial sites in West Essex are rejected and long distance transport of waste and/or landfill or land raising is to be avoided, alternative sites must be identified ;

(3) That the County Council be requested to give more information in the Deposit Draft about the total number of sites needed, the numbers of each type of facility needed, and .the particular suitability of each site ;

(4) That the County Council-be requested to provide more details in the Deposit Draft about inert and non-inert waste for the three existing landfill sites in the District .

Background

4 .1 (Head of Planning Services) The County Council, as Waste Planning Authority, is responsible for the preparation of the Essex Waste Plan . The first Consultation Draft was published in May 1996 and considered by this Committee on 28 August 1996 . The County Council is seeking views on the second Consultation Draft to enable the preparation of a final Deposit Draft in Spring 1998 . The County Council hopes that this will lead to a public inquiry in the autumn . The consultation timescale has not allowed a report to the Essex Waste Plan Working Group prior to consideration by this Committee and the Public Health and Transportation Committees .

4 .2 The first Consultation Draft did not contain site specific proposals and concentrated instead on the strategic problem of lack of landfill space and the urgent need to develop a different approach to waste management in the future - i .e . (i) reduce the amount of waste created ; (ii) maximise the reuse of waste (e .g . by recycling) ; (iii) use waste to produce energy ; and Development Conmittee 13 January 1998

(iv) dispose in landfill sites only of that waste which cannot be treated or managed in any other way .

4 .3 The second Draft identifies specific sites as opportunities for 'major waste management facilities' and generally updates the first Draft to comply with revised Regional Waste Advice . This has necessitated rewording some policies and the supporting text . Depending on the timing and outcome of the Public Inquiry, the County Council intends that the Waste Local Plan should be .in operation from 1997 to 2010 .

4 .4 The County Council will be consulting parish councils directly affected by these proposals and will be publicising the Consultation Draft through newspapers and libraries .

The Plan

4 .5 The second Draft goes into some detail about alternatives to landfill and makes a firm commitment to the development of alternative waste management techniqbes . The processes considered are (i) , biological degradation - anaerobic digestion, composting, mulching and the use of wormeries ; (ii) inert waste recycling ; (iii) waste collection and . reclamation/sorting ; (iv) scrap yards ; (v) energy from waste incineration ; (vi) refuse derived fuel ; (vii) landfill gas ; and (viii) mining of waste . The advantages and disadvantages of these techniques, and the planning issues involved are highlighted .

4 .6 This Council has been grouped with three others (Brentwood, and Harlow) in the site f selection process to ensure that the chosen sites were reasonably distributed throughout the County . Eight sites are identified throughout the County as being potentially suitable for the development of waste management facilities . One of these is within this District - the area allocated in the new Local Plan for business/industry or warehousing on the south side of North Weald Airfield (see Plan attached as Appendix 1) . The only other in West Essex is in the Edinburgh Way Industrial Estate, Harlow . The Draft is not prescriptive about the number of sites required or the waste management processes which would be suitable for each site, contending that such details can only be considered if and when proposals come forward from private operators as part of the normal planning process . At that stage any applications would be subject to environmental assessment and would need to comply with the requirements of the Environment Agency .

4 .7 In selecting the sites, the County Council invited suggestions from district councils, landowners and companies involved in the waste industry . This Council responded in April 1997 stating that, taking into account locational criteria established by the County Council, there were no suitable sites in the District . Development Committee 13 January 1998

Fifty four sites throughout the County were suggested by others but many did not meet the criteria and were rejected after site inspections . Of these 54 sites, five were in this District (Rockhills near Willingale ; Luxborough Lane, Chigwell ; Langston Road, ;) part of Nazeing Marsh and part of Glen Faba, Roydon) . Four were identified in Chelmsford, two in Harlow and one in Brentwood .

4 .8 The locational criteria are : (a) satisfactory existing access to the main road network ; (b) preference to be given to industrial/urban areas, but rural locations, especially 'brownfield' sites cannot be ruled out ; (c) ability to accommodate (physically and visually) industrial structures ; (d) distribution across the County ; (e) large enough to accommodate a range of facilities (2 .5 ha . regarded as minimum size) ; (f) distance from residential development - the need to minimise noise and other forms of pollution ; (g) not a pre-requisite but reasonable access to the electricity distribution system to cater for energy production would be advantageous .

4 .9 The Draft acknowledges that the Airfield site cannot be 'safeguarded' for waste processing, because of its allocation for other uses in the Local Plan . It also recognises that any development would have to have regard to Civil Aviation Authority constraints and that it would require a high standard of design and landscaping to respect the prominent setting of the site on the edge of the Green Belt .

4 .10 The Draft lists Netherhall, Roydon and Langridge Farm, Nazeing as permitted sites for inert waste only, and the Leca Works at High Ongar as a site which can take non-inert waste . There are no details about the quantities of appropriate waste or about the timescale of these operations .

The issues

4 .11 An alternative to landfill must be found for dealing with waste, especially in the west of the County . The Airfield site does raise a number of difficult planning issues but it is not an option simply to say that this proposal is unacceptable .

4 .12 Although this Council has already indicated that it does not believe there are sites in the District which are suitable for the development of a waste management facility, it is now imperative that a study is carried out to compare the 'suitability' of the Airfield site with other potential locations . There is a tight timetable for such a project as the County Council would really need the information refore the Deposit Draft is published in the Spring . Development Committee 13 January 1998

It is inevitable that attention is turned to rural locations in the A414 corridor, whether "brownfield" or "greenfield", given the special circumstances which arguably exist .

4 .13 A site has also been identified in Harlow (Ascent Park, Edinburgh Way) but not in Brentwood or Chelmsford . This has implications for traffic movement - especially through Ongar from the Brentwood area .

4 .14 It is unfortunate that the selection of sites is not co-ordinated with the allocation of waste management processes . Some of the techniques, especially the Energy from Waste Incinerators, create considerable public disquiet and it is difficult to deal with such concerns without more definite information . The County Council argues that it is the market which will decide the final distribution of uses and that planning and other controls should ameliorate any local problems . It would be-helpful, however, if the Deposit Draft could indicate (a) the total number of the different facilities which the County will need ; (b) whether any of the selected sites are actually unsuitable for any of the facilities ; and (c) the minimum number of sites likely to be required .

4 .15 There are significant planning objections to this use of the Airfield site . The proposal would result in a considerable loss of employment land with good accessibility, specifically endorsed on the Local Plan to enhance the range and number of job opportunities in part of a Green Belt District where employment sites are in short supply . The design and size of any facility could interfere with some uses of the Airfield, especially flying . There must be some disquiet about the relative proximity to residential development in Lancaster Road, Beaufort Close and Blenheim-Way . Access to and from the A414 would be interrupted when major events are held on the Airfield . The issue of traffic movement from Brentwood has been mentioned above . The site is on the edge of the Green Belt, directly abutting a major leisure facility, so the visual impact of such a development must also give rise to concern . The County Council must be made aware of these problems as part of this consultation process .

Conclusions

4 .16 A range of alternatives to landfill, as methods of managing waste, must be found quickly because the lead- in time for developing other facilities is several years . While the principle of allocating sites for 'major waste management facilities' is accepted, it would be beneficial to have a strategic assessment of the required number of different types of facility, and a more detailed analysis of the particular suitability of each site . Development Committee 13 January 1998

4 .17 There are considerable reservations about the North Weald Airfield site and a study is being undertaken to identify whether there are potentially more suitable (or less unsuitable) sites elsewhere in the District . More information will be given at the meeting, together with the views of the Public Health Committee who are considering this report on 7 January 1998 .

Resource Implications :

Finance : Impact on rental from industrial land . Land : Loss of at least 2 .5 ha . industrial land . Personnel : Officer time to research other sites - existing resources . Environmental : Use of land for waste treatment/disposal . Air quality and other forms of pollution . Traffic movement . Need to reduce landfill requirements .

Corporate Plan Reference :

Corporate Level - 'The Environment' and 'Public Welfare' .

5 . AREA OF "WHITE LAND" BETWEEN NINEFIELDS ESTATE AND FORMER HONEY LANE HOSPITAL, WALTHAM ABBEY

Recommendations :-

(1) That supplementary planning guidance be adopted allocating the triangular piece of land . between the Ninefields Estate and the former Honey Lane Hospital at Waltham Abbey, currently shown as "white land" in the emerging District- Wide Local Plan, as an area of public open space ; and

(2) That the Council seeks the formal incorporation of the site as an area of urban open space in the District-Wide Local Plan at the first available opportunity after its adoption .

Background

5 .1 (Head of Planning Services) A drafting error has been made in the preparation of the emerging Local Plan . This report seeks to rectify the situation by advocating the adoption of supplementary planning guidance pending the incorporation of an alteration to the Plan at the first review .

5 .2 A triangular piece of land at Waltham Abbey, between the Ninefields Estate and the former Honey Lane Hospital site (see map attached as Appendix 2) is not allocated for any form of use on the Proposals Map which forms part of the emerging Local Plan . This stems from a cartographic error in transposing the policies from the Proposals Map of the adopted Local Plan to the emerging one . Development Committee :13 January 1998

This non allocation means that any proposals which came forward for the site would have to be assessed against the policies in the Plan . Any development proposals may need to overcome potential problems relating to access and risk of flooding .

5 .3 The site not being allocated is unfortunate because it marks the junction between an important linear urban open space and the Green Belt . The urban open space currently follows an extension of the countryside into the town and its loss to development would be inappropriate as it would effectively sever this link . This particular site is therefore very important in terms of visual amenity and hence the need to protect it from development .

Possible means of overcoming the problem

5 .4 It is now not possible to merely amend the emerging Local Plan to correct this error, because to do so would be a significant modification on which it would be necessary to consult the public . This would delay the adoption of the Plan significantly .

5 .5 An alternative means of rectifying this situation, without undue delay to the Local Plan process, is to : . (a) adopt some form of supplementary planning guidance which allocates the site for a particular use ; and

(b) formally incorporate that guidance within the Local Plan at the first available opportunity .

Suggested Action

5 .6 In the light of the above, it is considered appropriate to adopt supplementary planning guidance, pending its formal inclusion within the Local Plan .

5 .7 It is suggested that the proposed supplementary planning guidance propose that the site be included within Policy LL5 as an area of urban open space on the basis that :

(a) the Green Belt boundary should be changed only exceptionally (and it is well defined in this area by virtue of the adjacent built-up areas) ; and

(b) the site is between two immediately adjacent built-up areas and is therefore more properly considered as urban open space rather than Green Belt, which is essentially rural in character .

Resource Implications

Finance : Possible award of costs against Council at any future planning appeal if it has insufficient grounds to justify refusing planning permission . Land : Nil Personnel : Nil Environmental : Need to protect this area from development in order to maintain a visual and func~tional link between the countryside and town . Development Committee 13 January 1998

Corporate Plan References

Development Committee : "Planning Services" - KS(1) bring forward formal alteration to Local Plan if necessary .

6 . DEVELOPMENT BRIEF - FORMER COUNCIL DEPOT, WEALD HALL LANE, THORNWOOD, EPPING (Minute 49 - 28 .10 .97)

Recommendation :

That the consultation responses on the Development Brief for the former Council Depot in Weald Hall Lane, Thornwood be noted and the Brief approved as Supplementary Planning Guidance for the purposes of development control .

Background

6 .1 (Head of Planning Services) Following a request from the Resource Committee to consider a change in the proposed use of this site from employment to residential, this Committee resolved to support the change of use and agreed that a development brief should be prepared to guide the marketing and " development of the site .

6 .2 The draft Development Brief was presented to the Committee at its last meeting and agreed for the purposes of public consultation, with the proviso that a further report be made on the outcome of those consultations .

6 .3 Members will recall that the site is affected by a number of physical constraints (in respect of drainage, flooding, access and trees), which are likely to limit the number of houses which could be built on the site . The proximity of the existing Sewage Treatment Works (STW) is also likely to depress the value of the site for residential purposes . Initial feasibility studies, which take into account these constraints, suggest that about four houses (four/five bed detached) could be accommodated on the site .

Public Consultation

6 .4 The Council's Planning Charter states that where development briefs are required, wide publicity should be given to the key features and reasoning behind them . Opportunities should also be given to inspect a draft of the brief at the Civic Offices, Information Centres and local libraries, and to allow a period of not less than three weeks for such consultation . Any views expressed will then be formally considered by a Council Committee before the brief is finally agreed . Development Committee 13 January 1998

6 .5 The draft version of the development brief for the Thornwood Depot site was made available for public consultation during November 1997, in accordance with the Council's Planning Charter . Notices were also posted on the site and a Press Release resulted in an article in the local papers . Local Members, groups and the Parish Council were sent copies of the Brief and a number of responses have been received, as set out below . Any further responses received after the writing of this report will be reported orally .

Thornwood Residents Association

6 .6 Thornwood Residents Association (TRA) have expressed the view that the majority of residents in the village would prefer to see this site developed for housing rather than light industry, although they have pointed out that they have not had a formal meeting with residents to discuss the Brief itself . (Members will recall, however, that the TRA expressed this view at the Local Plan Inquiry and were instrumental in seeking a re-allocation of the use of the site for residential purposes) .

6 .7 The TRA have also welcomed the resolving of the inadequacies of the present access to the site, and suggested that the perceived problem of strong smells from the STW may be somewhat pessimistic . The TRA would like their favourable response to the draft Development Brief for this site to be noted .

Environment Agency

6 .8 The Environment Agency (EA) had objected in principle to the residential development of this site as it lies within an area which is designated as land liable to flood during a 1 :30 year return period event or less . However, they have since stated that provided the Thornwood Flood Alleviation Scheme is completed prior to the commencement of any residential development, then they would have no objection to the proposals . The Thornwood Flood Alleviation Scheme is due to start on site on or about February 1998, although this has yet to be confirmed .

6 .9 The EA have expressed some concern about the proposed bund, stating that it could create an effective obstruction to peak out of bank flows, which in turn could increase the risk of flooding for others . A landscaped bund has been proposed to screen the STW from the proposed houses and whilst the EA's comment is noted, it is suggested that the detailed design of the proposed bund should take into account the eight metre wide margin which the EA have requested as part of the natural river corridor . The indicative layout plan will therefore be amended accordingly . Development Committee 13 January 1998

North Weald Bassett Parish Council

6 .10 The Parish Council has discussed the content of the draft Brief and was pleased to see that the proposal is for residential use for a maximum of five houses : The Parish Council see this as a clear planning gain and welcomes the Brief .

Head of Environmental Services

6 .11 The Council's Head of Environmental Services has stated that a turning facility (of at least Size 3) should be provided within the site to accommodate fire engines/refuse vehicles, if the new road is to be adopted as public highway . It is suggested that this should be shown on the indicative layout plan which forms part of the Brief .

6 .12 He has also expressed the view that this location is unsuitable for residential development, because of the proximity of the STW and the likelihood of future residents being adversely affected by odours . However, in the event that development should proceed, he has asked that the site should be decontaminated following a full land survey carried out in accordance with a protocol to be submitted to and agreed by the Council . The requirement for such a survey needs to be added to the Brief, in accordance with the procedure recommended by the Head of Environmental Services .

Resident of 25 Duck Lane, Thornwood

6 :13 A letter of objection has been received from the resident of 25 Duck Lane, Thornwood suggesting that housing development of this site should be opposed on the following grounds :

(a) contrary to Green Belt policy ; (b) development outside the village envelope ; (c) site unsuitable for housing because of proximity to the STW ; (d) development of site will increase flooding problems .

Conclusions

6 .14 Subject to the minor amendments to the Brief as outlined in this report, it is suggested that, in the light of the generally positive response from local groups, the Development Brief for this site be formally approved as Supplementary Planning Guidance for the purposes of development control .

Resource Implications :

Finance : Capital receipt (as yet unknown) for sale of site Land : Former Council Depot and Outfall Cottage, Weald Hall Lane, Thornwood . Personnel : Within existing resources Development Comnittee 13 January 1998

Environmental Implications : The redevelopment of this site at a lower built density than existing, with substantial reduction in building footprint and mass, may be seen as an environmental enhancement of the character of this part of the Green Belt .

Corporate Plan References : Development Committee "Planning Services" KS (2) Environmental policies in Local Plan and Supplementary Planning Guidance (i .e . development briefs)

7 . THE ESSEX DESIGN GUIDE FOR RESIDENTIAL AND MIXED USE AREAS

Recommendation :

That the report be noted and the revised Essex Design Guide be approved as Supplementary Planning Guidance for the purposes of development control .

Background

7 .1 (Head of Planning Services) The original Essex Design Guide ("A Design Guide for Residential Areas") was an influential document . It was produced by the County Council in 1973 as a reaction against the dreary, suburban uniformity of post-war housing developments . The Guide established a planning framework within which a more varied and imaginative approach to the design and layout of new housing areas was promoted, based on the characteristics of vernacular Essex buildings .

7 .2 When it was first published, it was envisaged that the Guide would be implemented by the County Council as planning authority, but the reorganisation of local government in 1974 resulted in its principles being applied as "Supplementary Planning Guidance" instead by many District Councils with differing levels of commitment to the Guide and its philosophy .

7 .3 The principle design-rationale of the original Guide concerned the two "traditional" approaches to organising space and buildings - a low density or rural approach where the landscape contains the buildings and they are set in landscaped space ; and secondly a high density or urban approach, where the buildings themselves contain and enclose the spaces between them (such as the streets, squares, alleys and courts which create the character of historic towns and villages) . Much twentieth century housing development has failed to recognise these two basic approaches . This has resulted in unsatisfactory suburbia, where there are too many buildings for the landscape to dominate, and yet the buildings themselves are too loosely grouped or of insufficient height to enclose the spaces between them . Development Committee 13 January 1998

7 .4 The solutions advocated in the original Guide were based on these traditional approaches and concerned the physical design and layout of the houses themselves (internal layout, privacy, aspect, gardens, car parking etc .), as well as the visual (external) design of-the buildings . However, the original guide did not properly address the structuring of new housing developments, with the result that much of the "design guide housing" built during the seventies and eighties placed an over- reliance on cul-de-sac layouts . Such layouts are often disorientating, offer little choice of route through the development for pedestrians, and result in increased traffic on feeder roads and a reliance on the use of a car even for the shortest journeys .

The need for a revised Essex Design Guide

7 .5 Since the publication of the 1973 Guide, the policy context for planning new housing layouts has changed . Internal space standards are no longer mandatory and experience has shown that rear privacy requirements do not have to be as stringent as recommended by the Guide . New concerns include environmental sustainability and the need to design for energy efficiency in terms of passive solar gain . Thinking on residential roads and access has continued to evolve . The Government's Design Bulletin 32 ("Residential Roads and Footpaths"), first published in 1977, resulted in a new set of highway standards as an addendum to the original Guide in 1980 . The 1990 version of DB32 presented the opportunity of further refinement of the highway standards and introduced the concepts of traffic calming, integrated footpath and cycle links, and natural surveillance as a means of creating visual character and enhancing pedestrian movement .

7 .6 Against this background, a new version of the Guide has been prepared by a working party of the Essex Planning , Officers Association, representing all planning authorities in Essex, which aims to encourage the best practice in the design and layout of residential development . A copy of the new Guide has been placed in the Members Room for reference .

Summary of the main changes in the new Essex Design Guide

7 .7 Set out below is a summary of the main changes in the new Essex Design Guide .

(a) A site appraisal is now required for all development sites larger than 1 hectare (2 .5 acres) .

(b) Any residential development larger than 500 dwellings must incorporate some mixed use development of an employment and/or retail nature . Development Committee 13 January 1998

(c) Sustainability issues must be addressed for development sites larger than 0 .8 hectare (2 acres) .

(d) The layout structure on development sites larger than 1 hectare (2 .5 acres) must be both "permeable" and "legible" .

(e) There is greater emphasis given to the need for continuity of built frontage and the setting forward of buildings to enclose space in the case of densities over 20 dwellings per hectare (8 dwellings per acre) .

(f) Schemes must be designed with crime prevention in mind .

(g) Access for the disabled must be provided in certain situations .

(h) Any residential development containing a road over 100 metres in length must be designed to reduce traffic speeds to 20mph (30kph) by means of physical speed restraints .

(i) Where future residents are prepared to enter into an agreement not to own cars, it is possible to lay out residential development as a Car Free Zone .

7 .8 The layout of the new Guide also follows a different format to the original Guide . While the original Guide was essentially split into two main sections concerning "physical" and "visual" criteria, the new Guide considers design criteria applicable for all sizes of development, as well as those criteria applicable only to large sites (over 0 .8ha/2 acres) and at high and low densities . There is also a much enlarged section on "building form" and a separate section on "service and access" (highway standards) . A series of detailed case studies also show how the principles of the Guide may be put into practice .

The Planning Context

7 .9 Structure and Local Plans across Essex contain policies which require new development to be "well designed" and "in-keeping" with its surroundings . These well intentioned policies suggest that the consideration of the design of new developments is a subjective one and subject to the whims of the designer or architect based upon their particular view of what constitutes "good" design . The purpose of the Essex Design Guide is to provide the detailed design and layout guidance which will ensure that the aims of such policies are met .

7 .10 The Government also issues advice on design matters to local authorities in a variety of forms - e .g . Planning Policy Guidance Notes, Traffic Advisory Leaflets, Design Bulletins etc. Generally, planning authorities are expected to ensure that any new development :

15 Development Committee 13 January 1998

(a) is environmentally sustainable, efficient and well located in its use of land ;

(b) does not give rise to the unnecessary use of motor vehicles ;

(c) is energy efficient ;

(d) is safe to move about in and minimises the opportunity for crime ;

(e) does not disadvantage the disabled ; and,

(f) is well designed in terms of its appearance .

7 .11 Planning Policy Guidance Note No .l (PPG1), recognises that the appearance of a development is a material planning consideration, and draws particular attention to the setting of buildings and the treatment of the spaces between and around them . Case law, (Tarmac Homes Essex Ltd . v Secretary of State for the Environment and Council, 1990), has established that the design of individual buildings is also a consideration insofar as it affects the layout . The new Design Guide has, therefore, been extended to cover the detailed design of buildings .

Local Plan Policy

7 .12 The Epping Forest District Local Plan contains a comprehensive set of design policies aimed at protecting and enhancing the quality of the built environment of the District . The policies complement the new Design Guide to the extent that, once adopted as Supplementary Planning Guidance, the Guide will provide the detailed basis for the application of these policies .

7 .13 The Council's main Local Plan policies in respect of design and layout issues are split into five sections :

(i) building in context (concerning the proportion, siting, scale, roof-line, setting and materials of new developments) Policy DBE1 and DBE2 ;

(ii) the relationship between buildings and the spaces between them, Policies DBE3 and DBE4 ;

(iii) structuring new residential developments, Policy DBE5 ;

(iv) parking, Policy DBE6 ; and,

(v) amenity considerations, Policies DBE7, DBE8 and DBE9 .

7 .14 It should be noted however, that depending on the context of the site in question, the District Council (as Local Planning Authority) will determine the extent to which the Design Guide is applicable .

16 Development Committee 13 .January 1998

For example, some development sites may be "greenfield" in which the context of surrounding development is not significant . Other sites may have to fit into a context of pre-existing development . Depending on the context, the Council will determine whether a new scheme should perpetuate the layout and design of the surrounding area or establish a new one . If the surrounding area has a strong pattern and character that could be adversely affected by insensitive new development, then the new scheme might pick up the theme of the existing and seek to enhance it . More typically, if the surrounding area has no distinctive character and only a weak identity, the preferable course of action would be to establish a strong new pattern, based on the principles in the Guide, that contrasts with the surrounding area and forms a focus for it .

Public Consultation

7 .15 Copies of the new Essex Design Guide have been placed on deposit in all the District's Public Libraries following extensive publicity through the local press . Copies have also been placed in the Members Room .

7 .16 In addition, as part of the County Council's public ~` consultation, copies of the new Guide were made available for inspection at information desks of every local authority in Essex during September 1997 . Copies have also been distributed to a wide range of interested parties as well other statutory authorities .

7 .17 Any comments received as part of the District Council's public consultation exercise will be reported orally at- the meeting .

Resource Implications : Finance : Within existing resources Land : Nil Personnel : Within existing resources

Environmental Implications : The revised Essex Design Guide incorporates much of the latest government advice on planning for sustainability and the best use of resources . Many of the design concepts which the Guide advocates (such as permeable layouts) are based on accepted urban design practice, aimed at reducing dependence on the motor car as a means of transport for local journeys, in favour of walking and cycling . The concept of mixed uses on large sites may also tend to reduce the need for commuting to places of work by car, by placing residential areas adjacent to shops and places of employment .

Corporate Plan References : Development Committee "Planning Services" KS (2) Environmental policies in Local Plan and Supplementary Planning Guidance (i .e . design guides) Development Committee 13 January 1998

8 . PLANNING APPLICATION EPF/678/96 - OUTLINE APPLICATION FOR MOTORWAY SERVICE AREA, JUNCTION 5, M11, CHIGWELL .

Recommendation :

That had the decision on this application fallen to this Authority that it would have been REFUSED for the following reasons :

(1) The site is within the Metropolitan Green Belt . The proposed works represent inappropriate development and are therefore at odds with Government advice, the policies of the adopted Local Plan and the Approved Essex Structure Plan . The latter state that within the Green Belt permission will not be given, except in very special circumstances for the construction of new buildings or for the change of use or extension to existing buildings except for the purposes of agriculture, mineral extraction or forestry, small scale facilities for--outdoor participatory sport and recreation, institutions requiring large grounds, cemeteries, or similar uses which are open in character . In the view of the Local Planning Authority the application does not comply with these policies because it would represent the unacceptable sprawl of a large built up area, and risks the merging of Chigwell with Loughton, and is an encroachment into the countryside . It may not assist urban regeneration . It would reduce the openness of the Green Belt and thereby be very harmful to it . No circumstances are considered to exist to overcome Green Belt policy .

(2) The sloping nature of the site, its surroundings and its disposition in the landscape of the Roding Valley means that such a development here would seriously conflict with and does not accord with policies BE7, NR10 and NR12 of the Structure Plan and similar policies in the existing or emerging Local Plan for the area including Policies 80 and LL2, LL3, LL10, LL11 and LL13 . The height and nature of the built development including lorry and car parking and lighting will unacceptably harm this open valley .

(3) The proposal will contain substantial retail facilities and a lodge . Their size might be limited by condition, but in this location, close to the urban area origin or destination of travellers, there is a risk of duplicating existing facilities . To grant permission here for comprehensive facilities is to risk use of the facilities not just to meet any need, but rather because the facility is present . If branded and/or well known goods are provided, and promoted at the site, they may well attract traffic, whether from the M11 or A1168 . No need or advantage has been shown which excuses this scheme from consideration against retail policy, nor has the sequential test been met by the application or the Environmental Assessment . There is too great a risk that the development would tend to encourage car use not lessen it, and nor would it facilitate linked or multi-purpose trips . Development Committee 13 January 1998

It follows that the proposal is not accepted as complying with Government or Development Plan retail policy .

(4) The application conflicts with rather than being in accord with emerging Local Plan policy T10 (now T9) . There is no demonstrable need based on a clear evaluation or on firm evidence, in particular which concentrates upon and gives due regard to the characteristics of this section of the M11 motorway . In any event it is premature in advance of Junction 5 being added to by the provision of north facing slip roads, and in advance of an Archaeological Field Evaluation and Geophysical Survey .

(5) At a fundamental level the information supplied with this outline application is not considered sufficient . By virtue of The Town and Country Planning (General Development Procedure) Order 1985, Article 3(2), the Authority asked for more information about how the access would rise into the site and the site be landscaped, including cross sections . It also asked for information about lighting ; particularly of the petrol filling station area and the HGV parking area . That information has not been supplied . It would be 1~ unsafe to grant permission in these circumstances . k. In considering other proposals for Motorway Service : Areas in the past some developers are prepared to contemplate very substantial changes to topography/landscaping which go well beyond the simple use of the site to contain an amount of new building . In dealing with what is a complex proposal in any event, and where amelioration of impacts, rather than ' their total avoidance is at stake, the lack of this information has been unhelpful at best and conflicts with Local Plan Policy 80 . ''~

(6) The Environmental Assessment does not adequately explain Traffic Impacts (no report ever yet having been produced), nor does it compare the proposal with a "do nothing" scenario or other options . Its date of preparation and deficiencies including the absence of a non-technical summary have not been resolved despite the Authority giving more than ample opportunity . There is conflict with Local Plan Policy 73 .

(7) By virtue of Article 14 of the Town and Country Planning (General Development Procedure) Order 1995 the Secretary of State for Transport directs that the application be refused for the following reasons :

(a) The proposed development, if approved, would prejudice the Secretary of State for Transport's proposals for the M11 Motorway Junction 5 North Facing Slip Road Improvement ; and

(b) The applicant has not demonstrated to the satisfaction of the Highways Agency that the traffic impact of the proposed development would not be detrimental to the safety and free flow of Trunk Road traffic .

19 Development Committee 13 January 1998

(8) In respect of the gas pipeline which crosses the site the Major Hazards Assessment Unit (MHAU) of the Health and Safety Executive (HSE) has assessed the likelihood of a major accident at the pipeline, the amount of gas~which could be released during such an event and, .if it were then ignited, the consequences for people at the development, taking into account factors such as the location, nature, size and likely occupancy of the development . On the basis of this assessment, HSE advises that although the likelihood of a major accident at the pipeline is low, the risk of harm to people at the development would be sufficiently high that planning permission should be refused on grounds of safety .

(9) The proposal relies on access via Junction 5 of the M11 Motorway, and would introduce motorway traffic on the local road network which is considered to be detrimental to the County Council's objectives for the A1168 Principal County Distributor Road .

Introduction

8 .1 (Head of Planning Services) This report considers the above planning application which has been outstanding for some while . The application is accompanied by an Environmental Assessment (which represents a procedural change since the Council considered the many and various applications for such proposals made on the M25 in 1993 and 1994) .

8 .2 Quite apart from the assessment of the application against the broad policies of the Development Plan and Metropolitan Green Belt, there have been a number of more technical issues that have arisen . Although attempts have been made to give the applicant the opportunity to consider and if possible to resolve such matters little progress has been made .

8 .3 The application has been subject to notification and consultation . The site is in a sensitive rural valley location on a main road entrance to the town, but in contrast to the schemes promoted at Waltham Abbey is not in the same proximity/relationship to so many residential properties . None the less local residences do exist close to the site . The responses of those notified/consulted are included at Appendix 3 .

8 .4 Following preparation of this report the Council has been notified that an appeal has been lodged against non-determination of the application .

Description of Site

8 .5 This site comprises some 10 .75 hectares of grassland in a roughly triangular shape . It has a north eastern boundary to the present wide highway verge at the side of the A1168 Chigwell Lane . Its north western boundary is to the M11 where this goes from elevated section over Chigwell Lane to the start of the cutting below Grange Farm/Chigwell/Roding Lane .

20 Development Ccmmittee 13 January 1998

The southern boundary is to other fields adjoining Home Farm and which rise up to the farm buildings .

8 .6 The site slopes from over the 30 metre contour in the south down by over 10 metres towards the bottom of the Roding Valley . Chigwell Village and the centre of Loughton are generally sufficiently far away and are/or screened and/or lie the other side of adjacent ridges so as to make visual intrusion thereon non existent . However to give one example, the Oakwood Hill area contains buildings whose upper floors have much closer views .

8 .7 The Roding Valley opens and widens to the north east such that the site is visible for long distances along the MI1 southbound, having passed over the to road . Indeed, where Footpath 15 crosses above the motorway, there are views into the site some 2,000 metres away .

8 .8 Accompanying the application is an analysis of areas or viewpoints from which the site can be seen . Similar documents were used during the M25 MSAs Inquiry . Whilst the broad detail of that is not in dispute it is not clear how the analysis was produced . When inspected by officers on the ground there are a number of omissions/discrepancies . Those were taken up with the applicant, but have not been resolved .

8 .9 The proposed site could retain existing vegetation to the M11 boundary but that is not certain . However, vegetation to the north eastern boundary would be destroyed in the short term by the provision of the new roundabout associated with north facing slip roads . The southern boundary of the site is not generally coincident with existing field boundaries/vegetation . The site is largely unlit at night .

Planning History

8 .10 The following planning policies are considered relevant .

8 .11 Essex Structure Plan : S6, S9, E1, E4, T2, T3, T4, T8, T14, BE7, BE15, C6, SH1, SH4, NR8, NR10, NR12, NR15, L1, L3, L12A and L15 .

8 .12 Roding Valley Local Plan : 1, 2, 3, 4, 16, 26, 28, 34, 43, 49, 61, 63, 65, 73, 80, 82, 106, 109, 113, 118, 119 and 122 .

8 .13 District Wide Local Plan : GB1, GB2, NC3, RP5, STC1, STC2, STC3, STC4, RST1, RST2, U2, DBE1, DBE2, DBE3, LL1, LL2, LL10, LL11, LL13, T5, T10, T15 and T18 . . This includes any proposed modifications to these policies arising out of the Inquiry, i .e . GB1, GB2, NC4, RP5, STC1, STC2, STC3, STC4, RST1, RST2, U2, DBE1, DBE2, DBE3, DBE4, LL1, LL2, LL3, LL10, LL11, LL13, T9, T14 and T17 . Development Committee 13 January 1998

Government Advice

8 .14 Advice, whether in general or in particular paragraphs from the following are considered most relevant in this case :

PPG1 PPG2 : 1 .4, 1 .5, 3 .1, 3 .2, 3 .4, Annex E section on Motorway Service Areas . PPG7 PPG13 : Annex A .

Of somewhat lesser relevance are :

PPG4 PPG6 PPG9 PPG15 PPG21 PPG23, 3 .10 PPG24

Planning Considerations

8 .15 The issues in this case are considered to be as follows (it will be apparent that some of the issues overlap) ;

Issue (a) Is the proposal appropriate development in the Green Belt, and, if not, are there any very special circumstances?

8 .16 It is readily apparent that a Motorway Service Area is inappropriate development in the Green Belt . Furthermore at this location it would represent' unacceptable sprawl of a large built up area, and risks the merging of Loughton with Chigwell by commencing such a merger . It is also an encroachment into the countryside . Lastly if this site were developed instead of any urban land (which may lie close to the M11 extension into ) then it would not assist in urban regeneration . Accordingly, up to four of the five purposes of the Green Belt would be harmed by this proposal, quite apart from any other harm . To outweigh that harm would require very special circumstances of considerable magnitude . Put simply no such circumstances are considered to exist despite the applicant's claims . Any such circumstances do not clearly outweigh the harm in this case .

Issue (b) Does the proposal accord with the Development Plan?

Structure Plan

8 .17 In terms of Green Belt policy it must follow from the first issue that the answer to this issue is no . However, the Development Plan contains many other relevant policies . To the extent that economic/tourist/hotel development is promoted the proposal accords with such broad notions ; however, the caveats bring us back to the Green Belt and other conflicts . Development Committee 13 January 1998

8 .18 In terms of transport policies the strategic position has been met by the provision of the M11 MSA at Junction 8 some two years ago . This provided the last 'local' site when the Government were the promoters of such schemes as part of a national network of such facilities at about 30 mile (48 kilometre) intervals, and to meet needs for some considerable time into the future . In terms of lorries the Langston Road site provides for at least local demands ; albeit that this site will have to be replaced if north facing slip roads are provided .

8 .19 A MSA, particularly one built to modern standards, includes a number of elements which are inherently conspicuous ; including the HGV parking areas and the fuel sales area and canopy, together with their associated lighting (the columns by day and the luminaries at night) . To safely serve their purpose these features are difficult to hide or assimilate at the best of times . The ideal site is thus probably a large flat expanse, or plateau, with a surrounding topography or existing wooded landscape which readily conceals these .features either straightaway or has the capacity to do so in a short time .

8 .20 This particular site is none of those things ; it is sloping, it will lose landscaping in its development, its slope and the nature of its surroundings allows open views of it over considerable distances . (particularly to the north east) . These are fundamental points which led officers at a very early stage to press for more information about what changes to topography in the site, lighting and landscaping were envisaged to see if, somehow, these could be . acceptably ameliorated ; and to allow a proper , assessment of the impact . There is insufficient detail of actions to remedy impacts . A number of dangers can be seen, nonetheless, including environmental damage including pollution of the River Roding, visual intrusion, compromise of the function, character and appearance of the valley . The Local Plan policies below make this even more explicit . No such information has been forthcoming . In any event there is only limited land shown for screening or landscaping and no room shown for future expansion . It follows that this new building work is not considered appropriate in this setting but would be inimical to it and there is conflict with Policy BE7 .

8 .21 The description of Birchanger MSA provided by its operator (as set out in Appendix 3) reveals that such sites offer substantial retail facilities in permanent new buildings . Long gone is the expensive 'greasy spoon' catering, and instead there is a variety and quality of facilities ranging from snacks to meals . Similarly the 'retail shop' can be expected to retail a large range of goods . Although no size is specified the type of facility often provided is at least on the scale of a large village shop, and the total facilities in an amenity building would be comparable to a small local parade of shops .

23 Development Committee 13 January 1998

8 .22 Where MSA's have been provided to serve the needs of - motorists on long journeys in remote rural areas, and where such facilities were neither present, or caused traffic to leave the motorway and travel more than a very short distance to access such facilities (and thus defeated part of the function of a motorway), then there may have been a justification for such retail development . In the circumstances here, and given up to date advice in PPG6 it is much more difficult to see how this proposal accords with Government advice and Development Plan policy on retailing, nor is it judged that such advice excuses a motorway service area from being considered in terms of that advice/policy .

8 .23 The sequential approach to new retail development would not normally select a site in the Green Belt, and neither would Structure Plan Policy SH1 . Nor would it select a site outwith an existing centre unless further provision could not be made in that centre . Even then the next choice would be an off centre not an out of centre location .

8 .24 In April 1997 the BP site at The Broadway/Chigwell Lane was permitted, at appeal, to open for 24 hours on a trial basis for one year . In reality that is providing not only for local use, and to assist the police patrolling on the Mil, but also provides some of the facilities which a MSA would provide for those accessing or exiting Junction 5 in its present format . If north facing slip roads are provided then its usefulness for those purposes would increase . A decision on this aspect should not be taken so as to preserve any competitive advantage for BP ; however, assuming the trial succeeds and BP offer a permanent 24 hours service and the north facing slip roads were opened, then to overcome the principle objections calls for some significant advantage to be shown .

8 .25 It is not considered that the provision of an MSA would be so harmful to the viability and vitality of The Broadway as to warrant refusal . The relative proximity of the public transport facilities at The Broadway means that the application site can be considered to be accessible by a choice of means of transport, albeit that a footpath or cycling facilities along Chigwell Lane and into the site are not shown .

8 .26 A concern of Government Policy is to reduce the need to travel in particular by car, and to facilitate multi purpose trips . The provision of too many motorway service areas largely dedicated to car users must be likely to encourage travel by car in comparison to other modes, and a motorway service area because it is such a dedicated facility hardly encourages linked or multi purpose trips to other adjacent sites . The provision of facilities here, so close to the urban area origin, or destination, of travellers risks duplicating existing facilities . Development Committee 13 January 1998

8 .27 The Structure Plan and the County Countryside Conservation Plan describe the Roding Valley as a Special Landscape Area, and presume against development therein unless the location, siting, design, materials and landscaping accord with the character of the area . For reasons already touched upon in paragraph 8 .20 above, a MSA here would involve surfaced areas, lighting, and buildings, and a canopy, which are most ' unlike the usual buildings in this valley . Whilst materials could be chosen so that they match, the landscaping will largely be to try to hide the site rather than reflecting a riverside location or a longstanding field boundary .

8 .28 The present low key use of the site, as grassland, rather belies the importance which English Nature attach to the site (see comments in appendix) . It may be that the severance is not yet absolute, but the impacts of the M11, and north facing slip roads, and this proposal together are getting critical . Their concern about surface run off is understood, but it is likely that a detailed scheme would include balancing ponds and measures to avoid pollution, or that these could be conditioned .

8 .29 The proposals include a 60 bed lodge . Any broad support for such development in Policy 12A does not extend to this location nor does it overcome the conflict with Green Belt and other policies .

RodinValley _Local Plan

8 .30 Many of the policies mirror the Structure Plan policies and are covered by the above analysis . In addition, however, the following are of note : _

8 .31 Policy 26 expects adequate protection of local amenity . A facility which is required to operate all day and all year will inevitably impinge upon local amenity to some degree . Local residents raise noise, fumes, and visual impacts . In terms of noise it is clear from decisions on the M25 MSA's, and in other cases, that motorways are such sources of noise that many forms of development, which are themselves otherwise noisy are 'drowned out' by their proximity to that noise source . It is not therefore considered that the application could be refused for that reason .

8 .32 In terms of fumes the evidence of the Highways Agency into the north facing slip roads indicated locations close to this site where pollution levels gave cause for concern . However, over time, those problems are predicted to lessen as more vehicles use unleaded petrol and have catalytic converters fitted . Again therefore it is not considered that the application could be refused for that reason . Development Committee 13 January 1998

8 .33 The visual impacts of the scheme are considered objectionable for reasons already explained . It may be that the impacts upon the nearest residential properties are not so great in their own right that they give rise to an amenity impact of their own ; but this depends on landscaping and screening . The local residents objections are seen to emphasise the public interest of the landscape objections already set out above .

8 .34 Policy 73 is not met by this proposal in that any need for this development is not considered to warrant this harm, nor have alternatives been clearly evaluated . Policy 80 has not been met in that there is no accurate site survey or contours plans with before and after information, nor has a landscape impact assessment been submitted .

8 .35 The proposals would not accord with Policy 109 for reasons already explained . The buildings would include those over a single storey in height .

District Wide Local Plan

8 .36 Many of these policies expand upon and transpose those in the Structure Plan into local terms, or are worded in an up to date manner, whilst dealing with similar aspects to those already outlined above . It is not proposed to repeat these points, but just to concentrate on policy issues not already covered .

8 .37 The site is shown as being liable to flooding in the north eastern corner ; however, the Environment Agency have not objected . If this is because the construction of the M11 effectively altered the floodplain there may be no issue . However, the absence of information about changes to levels at the site may mean that flood prevention measures would then be required . These have not been detailed as required by Policy U2 .

8 .38 The County Council archaeology comments have not been , acted upon, and hence verification of what the applicant's archaeologists suspect the site contains, in comparison to what the County suspect the site contains has not been possible . 'It would be imprudent to grant a conditional permission in these circumstances, nor to conclude that the requirements of Policy LL10 are met .

8 .39 Policy T10 (now T9) introduces a specific policy in respect of MSA's, and expects consideration of four criteria, as follows :

Proximity of signed MSAs/Existing and proposed facilities

8 .40 At present there is only one signed MSA on the M11 at Birchanger some 17 miles (28 kilometres) to the north . The applicants have been asked to explain what proposed facilities there are ; but have been silent .

26 Development Committee 13 January 1998

Having checked the position with South District Council there have, not surprisingly, been proposals further north . There was a proposal for an on line site some 16 miles north of Birchanger and just past the junction of the Mil and All . That application was refused and was heading to appeal . The Secretary of State required a full Environmental Assessment and work started on this, but then the application was withdrawn .

8 .41 At an earlier date there had been a proposal for a site where the M11 becomes what is now the A14 . That included land in the Cambridgeshire Green Belt and was dismissed at appeal . On the A14 there are several substantial petrol filling stations/services before a major facility where the A14 meets the A1 .

8 .42 Within this District there is the Chigwell site occupied by the Police Control Centre and which was laid out to provide for a 'double' motorway service area on the line of the Mil, rather than a single site off line, as with the present proposal . The development of that Chigwell site as a "present day" MSA has been ruled out because it is too close to Junction 5 to accommodate all weaving movements in a safe manner .

8 .43 As Councillors are aware the M11 is being extended into London . It is not known whether the route of that :_ . extension provides sufficient land to accommodate a MSA . However there must be prospects of the provision or upgrading of petrol filling stations with shops/toilets and some catering close to the route of that extension and accessible from junctions on its: length, in particular because traffic is so close to. its origin or destination . -

Evidence of needs of Motorway Users

8 .44 The application contains much assertion that there is need, but very little evidence . That vehicles need a fuel supply and benefit from alert drivers who are suitably fed and comforted is not in doubt . However, to provide facilities so that any vehicle/driver/passenger can be refuelled, given a break, fed or able to take a call of nature as soon as the need arises, has never been an intention of policy, or possible . Rather the provision has been intended to be at a sufficient regularity to meet a reasonable level of need . "Motorists should have the opportunity to stop and rest roughly every half an hour" is how the Head of Network Policy who is responsible for Government Policy, put it in his evidence concerning a proposed MSA at Iver on the M25 in Buckinghamshire .

8 .45 The question of what is need was considered in some detail in the long running M25 Inquiry concerning MSA sites in this District . An important starting point is the capacity and usage of the nearest signed MSA . Development Committee 13 January 1998

As explained above Birchanger has plenty of capacity and its usage is understood not to be exceeding its present or future capacity . It is only 2h years old . Birchanger's access arrangements are not as complex/difficult as South Mimms or Thurrock .

8 .46 There were factors that served to reduce need on the M25 in this District . Some of those factors are considered to be very significant in this case as well . This part of the M11 is significantly used by commuter traffic . It is also used by traffic near its origin or destination . These attributes were called the short hop phenomena in the M25 MSA appeals . Whilst it would be unfair to suggest that the whole of the M11 has these attributes of the M25, those sections of the regions main radial motorways which enter London within the M25 (i .e . M3, M4, M40, M1, A1(M), M11 and M23) are considered to have much less need on those sections than on their remaining lengths (where they are much more dominated by through traffic on longer journeys and which want the provision to take a break in such a journey) .

8 .47 On those routes two small MSAs were actually provided at Heston on the M4 and Scratchwood on the M1 (albeit well before the M25 ever come to fruition) . The lower turn in rates (i .e . the % of motorway traffic using the site) at those sites are notable (see letter from in Appendix 3) . However, what might be termed the non-provision of the Chigwell site (other than the Police Control Centre) must make one cautious (at best) that there is a need to justify this magnitude of facility at this time and in this proximity to Birchanger . As the need was not held to justify further provision on the M25, it is not considered that the attributes of this section of the M11 or its point in the network of existing M11 and M25 sites justify such provision with its lower flows and ' generally freer moving traffic .

8 .48 The M25 decisions also recognised that were there to be a local safety problem between existing 30 mile sites, that there would be firm evidence to support that . Such evidence might well be of a nature that was very unpalatable, e .g . injuries or death caused by fatigue and occurring on a regular basis . The evidence at the time of those decisions pointed out that such an analysis had not been undertaken, and the local available figures (which included the M11) did not point to a higher accident rate than the national average for this type of road ; in fact they were lower at .1 accidents per million vehicle kilometres compared to the national average for motorways of .11 accidents per million vehicle kilometres . (Those figures predate the opening of Birchanger .) The up-to-date figures are little different and show little difference from the national average and do not suggest a particularly adverse road safety record . Development Committee 13 January 1998

8 .49 There might also be evidence of drivers stopping on the hard shoulder in the absence of such facilities or of congestion at adjacent MSAs ; no such evidence has been forthcoming despite prompting the applicants . it follows that officers are very far from convinced that there is evidence of needs of motorway users which is either stated clearly, or is compelling .

Effect upon Green Belt and Land scape Objectives

8 .50 This has already been touched upon above . This is an open valley which serves to separate Loughton and Chigwell . It is an important wildlife and leisure corridor . A significant number of landscape policies are relevant . Fitting the M11 into this section of the valley was difficult, and was only justified by a national need . In avoiding much, if any, real assessment of this proposal's landscape impact there is a wholly inadequate starting point . If the illustrative plan is an attempt to screen the development it would simply introduce something that has attempted to be hidden into this open area and would be alien to its genuine existing function, character and appearance . The adequacy of space shown for landscaping is doubted, in particular, because of the existing topography, and there has been no . demonstration of how effective it is claimed to be .-,, Officers judge it to be likely to be insufficient . -

Effect of the development and generated traffic upon the amenities and character of the locality

8 .51 " This has already been considered above, for the most part, perhaps with the exception of generated traffic . In some senses a motorway service area does not generate traffic ; it simply serves the traffic which already exists particularly if it is an on line facility . In this instance the off line location would allow easy local use by those using Chigwell Lane . In practice because such a site has to make certain provisions like 24 hour opening, picnic areas and so on its prices may reflect that . If motorists are price sensitive then they may not favour the site over existing local alternatives, or not do so in large numbers . Perhaps of greater consequence is the provision of the Lodge which could become an attraction for traffic in its own right . However, the County Surveyor is mindful of the function of the A1168 and that the development would introduce 'motorway traffic' onto the local road network, he recommends refusal of the application . The proposal is not, overall, accepted as complying with the criteria in Policy T10 (now T9) ; rather the proposal largely fails these criteria . Development Committee 13 January 1998

Issue (c) Does the application contain sufficient information?

8 .52 An applicant has long been entitled to submit an outline application rather than a full application . An outline application can be accompanied by illustrative plans (but these are only an indication of one way in which a site could be developed, and are not binding) .

8 .53 It has also long been possible, albeit in rare cases, for the Authority to indicate that it wants specific further details so that the application is not considered separately from those details . The Authority must ask for that information within one month of the receipt of the application . Such a formal request was promptly made to the applicant in this case .

8 .54 No response has been forthcoming, and the subject areas have been commented upon by several organisations (see appendix 3) . In so far as it can be judged on the information submitted the application is considered to be deficient .

8 .55 The normal way of providing such information would be a Landscape Impact Assessment . This would lead on to proposals in respect of the foreseen impacts, the likely effectiveness of which, or otherwise, could then be judged . Without such information it would be unsafe to grant any major application, even in outline .

Issue (d) Is the Environmental Assessment Adequate?

8 .56 Officers have severe reservations regarding the comprehensiveness and adequacy of the document . For example, an application of this nature ought to have included an assessment of other options which often include a "do nothing" option . The deficiencies outlined in the above two paragraphs are crucial, as i's the absence of a Traffic Impact Assessment . The County Council make further criticisms of the document itself .

8 .57 The dates of sources used in the document is not clear, nor when they were all drawn together . There is no non technical summary and discrepancies such as not recognising the view of the site from Footpath 15 over the M11 have not been resolved . All in all the assessment must be considered to.be less than adequate, and risks a poor decision and/or poor impacts upon the environment including issues such as sustainability, pollution and visual impact .

Issue (e) Of what relevance are the decisions in respect of similar proposals made on the M25 in this District?

8 .58 These decisions arrived within days of the receipt of this application . It is difficult to see how the application pre-judged them . However, in giving ample opportunity to respond to those decisions since the Authority has tried to be helpful .

30 Development Committee 13 January 1998

As explained earlier those decisions are of particular relevance, because they deal with this part of the motorway network .

Background Papers

Local Appeal Decisions : EPF/1325/96 - Chigwell Express BP Oil UK Ltd . EPF/360/93 - Swayfields Land south of Honey Lane, Waltham Abbey .

Other Appeal Decisions : S/0244/89/F Hackers Fruit Farm, A604 (now A14) Dry Drayton, Cambridgeshire . UTT/0260/93/FUL Stumps Cross, , Essex . Interim decision of Secretary of State, Bromsgrove, Worcestershire 93/0646-& 94/0497 Junction 2 M42 .

Application S/0910/95/0 , Cambridgeshire .

Proof of Evidence of M Ainsworth of Highways Agency in respect of proposed MSA at Iver on M25 in Buckinghamshire .

Letter of il December 1997 from W S Atkins re : accident statistics . Essex Traffic Monitoring report 1996 . Recorded Traffic Flows .

Resource Implications :

Finance and Personnel : The range of issues in this case does not suggest a short inquiry . It may neither be possible to assimilate such a case with other ongoing work without implications for that work . It may, in any event, be necessary to call for specialist assistance . Counsel will also need to be consulted . A supplementary estimate will be brought to the Committee . Land : Nil .

Corporate Plan References : Development Committee "Planning Services" KS2 Integrate land use/transport . Impact of motor vehicles upon the Environment .

Development Committee "Planning Services" KS3 Attach greater priority to economic regeneration .

9 . BUDGET 1998/99

Recommendation :

To consider the attached draft budget in respect of this Committee . Development Committee 13 January 1998

9 .1 (Head of Finance/Chief Executive) The draft budget for 1998/99 for this Committee is attached as Appendix 4 .

9 .2 The Policy and Co-ordinating Committee will be considering a report of the Working Group on Council Strategy on the determination of the budget and the Council Tax at its meeting on 6 January 1998 . The decisions reached at that meeting will be reported orally . One of the recommendations of the Working Group is that Service Committees should prioritise their bids for CSB growth and DDF items if this has not been done already . Attached as part of Appendix 4 are suggested priorities . At its meeting on 2 December 1997 the Policy and Co-ordinating Committee gave preliminary consideration to the budget and wishes to draw attention to certain matters .

9 .3 All Service Committees are to be reminded of the current Council policy in relation to Continuing Service Budget (CSB) growth, i .e ., on-going expenditure . In 1996 it was agreed that all growth in the CSB shall in future be allowable only if Corporate Service Reviews have identified funding in advance by means of expenditure economies, increases in income or changes in service levels . It is clear that CSB growth must be severely restricted and from practical and realistic points of view must be planned and, above all, controlled at a sustainable level .

9 .4 In noting additional savings of approximately £170,000 in the current year's budget due to the inability to fill a number of posts in the new staffing structure, the Policy and Co-ordinating Committee, whilst appreciating the financial consequences of the situation, wish to draw attention to the pressures and problems on the officers which have been created by such a large number of vacant posts . Committees are being asked, therefore, to have regard to the staffing situation and for the time being Members are requested. not to pursue matters not identified in the Corporate Plan .

Resource Implications : As set out in the attached Appendix . Development Committee 13 January 1998

PART B - ROUTINE ITEMS FOR DECISION

10 . REVIEW OF HOUSING ASSOCIATION DESIGN STANDARDS (Minute 54 - 29 .10 .96)

Recommendations :

(1) That the Committee notes it has not been possible to review the Design Guidelines for Housing Association Developments, due to the absences of any significant schemes since the Guidelines were introduced ; and

(2) That the Housing and Development Committees review the Guidelines after the next significant Housing Association Development passes through the planning process, from original conception to planning approval .

10 .1 (Head of Housing Services/Head of Planning Services) At their meeting held on 29 October 1996 and 19 November 1996 the Development and Housing Committees agreed Design Guidelines for Housing Association °=. Developments produced by the Head of Planning Services : This followed a resolution by Council in April 1994 that the two Committees consider methods by which the Council can exercise control over the design of housing . The adoption of the Design Guidelines followed consultation with all housing associations operating in the District .

10 .2 When the Guidelines were considered by the Housing Committee, it was also agreed that they should be reviewed in one year's time in the light of experience`: However, there has not been any planning applications received for significant housing association developments since the Guidelines were introduced and it is suggested that the review be undertaken after the next significant housing association development passes through a planning process, from original conception to planning approval .

10 .3 It should be noted that, separately, the Housing Committee in September 1996 agreed minimum floor area standards for housing association developments where the Council is working in partnership with a housing association through the provision of free land and/or Social Housing Grant .

Resource Implications : Nil

11 . PLANNING PROCEEDINGS - AWARD OF COSTS AGAINST THE ' COUNCIL - DORRINGTON FARM, RYE HILL ROAD, HARLOW

Recommendations :

(1) That the decision of the Inspector appointed by the Secretary of State for the Environment to award costs against the Council be noted ;

33 Development Committee 13 January 1998

(2) That the total costs claimed of L13,133 .09 be noted ; and

(3) That the costs be found from within savings in the overall Committee budget during the- current financial year, but if this does not prove possible, a supplementary estimate be sought at the end of the financial year .

11 .1 (Head of Planning Services/Head of Legal and Administration Services) On 22 May 1997 an Inspector appointed by the Secretary of State for the Environment allowed an appeal against the Council's refusal of planning permission for the change of use of a redundant farm and buildings to a class B1 use at Dorrington Farm .

11 .2 The decision to refuse was contrary to officer's recommendation . The refusal was on highway grounds only, though at the Public Inquiry the Council's Consultant felt able to introduce some arguments based upon the works necessary to the buildings being excessive . These latter arguments gained some support from the Inspector who, whilst allowing the appeal overall, determined that some smaller buildings were not appropriate for conversion .

11 .3 Nevertheless, the major part of the Inquiry was devoted to highway matters and despite the efforts of the Council's Consultant and a Highway Consultant the . Inspector concluded that there was no substantial evidence to support the reason for refusal and thus the Council had acted unreasonably . Costs were awarded insofar as they related to matters of traffic generation .

11 .4 Whilst Members are not bound to adopt the recommendations of officers, the determining Committee must be satisfied that there is evidence to support a particular reason for refusal . This case indicates how difficult it is to sustain a refusal based upon traffic generation arguments, particularly when it is clear there would be no support from the County Council as Highway Authority (or Environmental Services as its agents) .

11 .5 The original claim for costs in relation to traffic generation matters was 513,720 .59 . Following discussions with the appellant's agent the claim was reduced to £13,133 .09 and this amount has been paid as failure to do so could have resulted in High Court proceedings against the Council .

11 .6 There is no budget for the payment of costs and it is suggested that if possible the sum be found from any savings which may materialise in the overall Committee budget during the financial year . However, it should be appreciated that such a substantial sum may not become available in which case it will be necessary to seek a supplementary estimate .

34 Development Committee 13 January 1998

Resource Implications : Finance : Payment of appellant's costs amounting to £13,133 .09 Environmental : Nil Corporate Plan Reference : Development Committee "Planning Services" KS(6) Background Papers : Inspector's decision letters .

12 . COSTS AWARDED AGAINST THE COUNCIL

Recommendation :

That the report be noted .

12 .1 (Head of Planning Services) At the Policy and Co-ordinating Committee on 2 December 1997 it was resolved that the Development Committee consider whether there are any lessons to be learnt from the costs awarded against the Council this year . Costs have so far been awarded to a total of £41,000 against the Council and £5,000 in the Council's favour, as reported to the meeting of this Committee on 28 October 1997 .

12 .2 In general, the Council is obliged to pay costs in relation to planning appeals when instructed to do so by the Planning Inspector and costs are only awarded in relation to appeals heard by way of Public Inquiries or Informal Hearings . The Inspector will hear an application for costs on behalf of the appellant and will determine whether the Council has acted ., unreasonably . Costs are not awarded if the Council simply loses the appeal, the Inspector has to decide that the Council has, for example, not produced any evidence to support is case or has acted unreasonably-. in some other way . .

12 .3 When an appellant submits his costs claim to the Council it is invariably challenged as to the amount and agreement is reached at a reasonable level .

12 .4 The costs awarded this year to date have related to four cases :

(a) Netherhouse Farm (£19,000) - this was reported in detail to the Committee at its meeting on 28 August 1997 . It was reported that the award of costs was considered to be a harsh decision . It has no implications for policy and it is felt that within the resources available the Council's practices could not have been improved upon in this case .

(b) Dorrington Farm - this has now been settled at £13,100 . Details of this case are reported in the preceding item .

(c) Plots 16/17 Roydon Lodge Chalet Estate (£8,000) was reported in detail to the Committee at its meeting on 28 October 1997 and to Plans Sub Committee "B" on 27 August 1997 . This arose from an error in relation to the authorisation for enforcement action . There are no implications for policy or general practice .

35 Development Committee 13 January 1998

(d) Broxlea Nursery, Nazeing (£1,000) - This award of costs was again made in relation to the highway arguments raised at the Public inquiry, though in this case, these formed a small part only of the Council's total case .

12 .5 In none of these cases is there considered to be any need to review policy and there are only limited lessons that can be learned to influence officer practice .

Resource Implications :

Finance : Total costs awarded against the Council - £41,000 ; total costs awarded in favour of the Council £5,000 Environmental : Nil

Corporate Plan Reference : Development Committee "Planning Services" KS(6) Background Papers : Inspectors' decision letters .

13 . PROPOSED MILLENNIUM MAZE

Recommendation :

To consider whether to pursue a bid for a Millennium Maze to be constructed within this District, if short-listed .

Introduction

13 .1 (Head of Planning Services) The concept of the Millennium Maze has been devised and promoted by the Conservation Foundation, a registered Charity, together with the Tree Council, who sponsor National Tree Week and the Tree Wardens Scheme . They have put together a bid to the Millennium Commission to fund a maze, to be constructed on the meridian - apparently with some reasonable hope of success .

13 .2 These main sponsors have invited bids from councils and other organisations, nationwide, who have appropriate sites to accommodate the construction of a maze and additional facilities, and who would be prepared to support the design provided by them . A copy of the design is attached as Appendix 5 .

13 .3 The meridian passes through the west of the District close to the line of the River Lee . The Committee is therefore asked to consider whether to pursue a bid for the Millennium Maze to be located within this District, if short-listed . The Council would be acting as part of a group comprising Essex County Council, the Lee Valley Regional Park, and also Nazeing Glass, (who own land adjacent to two of the sites identified) and Three Valleys Water, who have already offered endorsement in principle and/or resources . Development Committee 13 January 1998

Siting of the Maze within the District

13 .4 A number of sites have been considered by officers . All have sufficient space for both the maze and a landscaped setting . The following are considered to be the most appropriate, should the Committee be minded to agree to the Maze being sited in this District :

* North of Hayes Hill Farm, off Crooked Mile, Waltham Abbey ;

* South of Nazeing New Road at Rushey Mead, Nazeing ; and

* North of Nazeing New Road at Nazeing Mead .

13 .5 Each of the sites have advantages in terms of how well they will compete with other sites nationally . It is proposed to put all three forward as possibilities for the main sponsors to judge .

13 .6 The suitability of the open space associated with the Royal Ordnance Site, south of the motorway, was also considered . It was felt that this site would offer the possibility of an attractive setting for the Maze together with excellent access to national communications and visits by foot from Waltham Abbey, etc . This land is scheduled as open space under the Planning Agreement for the site, with the possibility of development as a golf course . However, it seems unlikely that the decontamination of this site will be completed in time for it to be used for the purpose :of the Maze .

Planning Considerations . 13 .7 Whilst the basic use of land to site the maze is felt to be compatible with this Council's Green Belt policies and for inclusion within the Regional Park, should any one of the three sites within the District be considered suitable by the main sponsors of the Maze, a number of planning problems will need to be overcome ; namely ones of access and any requirement for extra buildings .

13 .8 Both of the sites off Nazeing New Road would benefit from redundant buildings in the Nazeing Glassworks complex which could be adapted . However road access would cause problems . There is the possibility of the attraction pulling significant numbers of visitors by road through Nazeing village . At present it is not possible to quantify the number of vehicle movements . Further consideration and consultation on a wide scale including parish councils and residents organisations would be required before any decision to proceed . Advice has been given as to the requirement for a traffic impact survey . It would, however, be premature to progress this fully at this stage . Development Committee 13 January 1998

13 .9 Similar considerations apply to the Hayes Hill Farm site . It may well be possible to reuse existing buildings (this time within the Park) although this has not yet been determined . However, the road access from Crooked Mile would be unsatisfactory and would require improvement . Advice has again been given on the need for a traffic impact study . This will be followed through in the same way as the other possible sites . Similarly, full local consultation would be required .

The Maze

13 .10 The design of the Maze has been determined by the main sponsors . The dimensions are 156 yards across (total 24,336 square yards) . The detailed design incorporates concepts derived from mythology, astrology and traditional beliefs . A link with the concept of time is made by incorporating a pattern of 12 to the design, for the 12 months of the year and the 12 signs of the zodiac .

13 .11 The Maze will be constructed in Yew . The choice of Yew reflects its importance in English culture, its occurrence in churchyards, and its longevity and has been traditionally used in other mazes . The medicinal value of the Yew is becoming recognised, notably as an anti-cancer aid and it is intended that the cuttings from the hedge would be used for this basis, once established .

13 .12 The Maze would be intended as a place for quiet reflection and meditation as well as providing educational possibilities . It is seen by the main sponsors as an important and imaginative proposal which will generate much interest, even on a national scale . It is likely therefore that a significant number of visitors would be attracted to the site . '

Costs

13 .13 No major financial consequences for the Council are foreseen as a result of preparing a bid or in the event that a bid is successful for one of the sites . Some officer time is required to guide/coordinate, within Planning, Environmental and Leisure Services .

13 .14 Fortunately the responsibility for winning funds from the Millennium Commission rests with the main sponsors . The current information requirement is to demonstrate the potential of the sites within the District to these organisations . An initial process is envisaged where the current options nationally will be narrowed down to a select short list . Only if that hurdle is successfully overcome would some detailed work on buildings, road improvements, etc ., become necessary . It is not envisaged that the District Council would be expected to find any significant amount of money towards these eventualities . A further report would be made, if required, at that time . Development Committee 13 January 1998

13 .15 Should one of this Council's bids succeed the lead organisation would be the Lee Valley Regional Park whose existing managerial structure and experience in the related fields would be crucial . The District Council would offer officer support . Again no requirement for significant expenditure is envisaged .

Conclusions

13 .16 Should a site within this District be chosen there would be significant benefits in terms of the Council's profile nationally and regionally . It would significantly enhance the visitor attractions of the Regional Park . On the other hand, even if short-listed there are concerns about traffic generation and/or road improvements that would have to be researched and overcome . Local opinion would have to be consulted and taken into account before making a final decision . Although the resource commitment by the District Council would be modest, there is clearly a prospect that this further work would not lead to Council endorsement, or ultimately to a successful bid .

Resource Implications :

Finance : Up to £500 to prepare and submit a full bid if short listed . Land : Nil Personnel : Officer time within existing resources, from Planning, Environmental and Leisure Services . Environmental : Enhancement of: local landscape/ecology ; but possible detrimental effects of traffic generation and additional car usage in absence of other transport modes .

Corporate Plan Reference : Development Committee, , "Planning Services" : KS(2) Environment and the motor_ vehicle ; Leisure Services Committee "Tourism" KS(5)s . Promote tourist attractions without local disadvantage .

14 . MANAGEMENT BODY OF THE FORMER LECA WORKS, ONGAR

Recommendation :

That the Policy and Co-ordinating Committee be advised that this Committee considers that District Council representation on the Management Body would be appropriate and requests that the Council be recommended to appoint a Councillor who does not represent an Ongar ward with the Countrycare Management as deputy or vice-versa .

14 .1 (Head of Planning Services) At its meeting on 24 October 1997, the County Council's .Development Control Sub-Committee considered a report of the County Planner regarding the establishment of a Management Body to oversee forestry and open space uses at the former Leca Works, Mill Lane, Ongar . Development Committee 13 January 1998

Members resolved that County Councillor G W McEwen be requested to act as Chairman and that Epping Forest District Council, Brentwood Borough Council, the Ongar, High Ongar and Stondon Massey Parish Councils and the Greenways Waste Management Board be invited to nominate representatives to reside on the Management Body .

14 .2 The representative can be an officer or an elected Member . It is suggested that in light of the appointment of County Councillor McEwen and the Local Councils that this Council's representative be the Countrycare Manager or a Councillor who does not represent an Ongar Ward .

Resource Implications : Finance : Cost of allowances/expenses if agreed .

15 . FORMER EPPING-ONGAR RAILWAY

Recommendation :

That the concerns about the proposed agreement expressed by officers be endorsed .

15 .1 (Head of Planning Services) The Department of the Environment, Transport and the Regions (DETR) has released more information as to the nature of the proposed agreement to be entered into between Limited and Pilot Developments . The information was not made available direct to the Council but was passed on by a third party .

15 .2 Officers subsequently wrote to DETR to express strong concern on the nature of the agreement and this was reiterated in a letter from the Chief Executive to the Parliamentary Under Secretary, Glenda Jackson .

15 .3 The reasons for the concerns are :

(a) The agreement distinguishes "secured" land (i .e that which is critical for railway use) from "unsecured" land . Unsecured land can be sold, on the basis that it is not required to operate the railway . The problem with this part of the agreement is that the unsecured land includes the land and buildings at Ongar Station . This is on the basis on the condition of the viaduct over the Cripsey Brook being in too poor a condition to allow trains to cross it safely . Trains would therefore be obliged to terminate on the western side of Crispey Brook at some considerable distance from the existing station and, indeed, the built-up area of Ongar . It is not considered that a station in the proposed new location would be convenient for the residents of, and visitors to, Ongar . This also makes a nonsense of the land allocation in the District-wide Local Plan - which is not yet adopted . Ministerial agreement to the proposed agreement would clearly be a "material consideration" which would be likely to override the Local Plan in any subsequent appeal . Development Committee 13 January 1998

(b) If Pilot fail to introduce or run a rail service they would have to offer the secured land to the local authorities, and then to . If none of these want to buy the land, Pilot would not be able to sell it to any other party for a period of several years . They could, however, dispose of the unsecured land at any time . That would be subject to an "overage agreement" applying to the land at Ongar by which London Underground Limited would take a reducing share of the net proceeds up to the end of a specified period (probably around seven or eight years from signature of the contract) . If, however, Pilot does operate a rail service for a year or more, they could then cease to run it and face no restriction in selling any of the land . This must be of grave concern given the uncertainty surrounding the viability of the project, certainly in so far as this Council and the public are concerned . .

15 .4 In the light of the above, and the thinking behind the conditions of closure, DETR has been urged to rethink the appropriateness of the proposed agreement as it now stands . Any response to the letter will be reported orally at the meeting .

15 .5 This matter is also being drawn to the attention of the Transportation Committee .

Resource Implications : Nil Environmental Implications :: Scope for partial or total loss of land and buildings for other purposes . This would undermine the scope for sustainable travel by rail .

Corporate Plan Reference : Development "Planning Services" KS(2)

16 . BANSONS LANE REDEVELOPMENT PROPOSALS, CHIPPING ONGAR

Recommendation :

That the Policy and Co-ordinating Committee decision and the further information contained in this report, be noted .

Present Position

16 .1 (Head of Planning Services) At its meeting on 2 December 1997, the Policy and Co-ordinating Committee resolved :

(1) That the revised proposals on the provision of public toilets in Chipping Ongar as part of the redevelopment scheme for Bansons Lane as set out below, be accepted and the conditions of sale of the Council- owned land in Bansons Lane be amended accordingly to provide that the developer will :

(a) provide the Council with new public toilet facilities, to an agreed design and specification, on a new site adjacent to the police station ;

41 Development Committee 13 January 1998

(b) upon the opening of the new public toilets, demolish the existing public toilets and make good the area, to an agreed specification ;

(c) landscape the area fronting the High Street, in accordance with a scheme to be agreed with the District Council ;

(d) pay a sum of £10,000 towards future maintenance of the new public toilets ;

(e) pay a further sum (yet to be agreed) to cover the cost of providing a new bus shelter, new seating and other street furniture ;

(f) extend the existing contract period by three months to enable all the necessary approvals to be obtained ; and

(g) submit planning and building regulation applications for the new public toilets, once the detailed design, specification and precise location have been agreed ;

(2) That the requirement to refurbish the existing public toilets be deleted from the conditions of sale of the District Council land held in Bansons Lane ; and

(3) That the Development, Resource and Public Health Committees be informed of this decision at their next meetings .

16 .2 Unfortunately, because of the urgent need to revise the terms of the contract with Scotfield Ltd (the retail developer), it was not possible to formally seek the views of this Committee within the timescale of the Council's Committee cycle . However, the Chairman and Vice-Chairman of this Committee, local Members and the Parish Council were sent copies of the report so that their views could be made known to the Policy & ' Co-Ordinating Committee .

16 .3 Scotfield Ltd . have now submitted a detailed planning application for the new public toilets, together with an application for Conservation Area Consent for the demolition of the existing public toilets . The following points should be noted in clarification of the revised proposals :

(a) the proposed new toilets will comprise separate male and female WC's together with a single unisex disabled WC - all to a specification as yet to be agreed with the District Council ;

(b) the existing public toilets will only be demolished when the new toilets have been built and fitted out to the satisfaction of the District Council ; Development Committee 13 January 1998

(c) the developer will be required to make good the area after demolition and it is expected that a new bus shelter will be positioned in this location, paid for by the developer, to a design and specification yet be agreed ;

(d) the existing recycling banks (clothes and shoes) will be relocated to the new retail store car park in Hansons Lane once the store is built ;

(e) the existing freestanding seats (to the north of the existing public toilets) will be retained and the footpath extended to meet the new toilets ; and,

(f) the existing public telephone (attached to the existing bus shelter) will be relocated and positioned on the south side of the new toilets and designed to be accessed by the disabled .

16 .4 Detailed plans of the proposals for the new toilets will be displayed at the meeting .

Timetable

16 .5 Scotfield Ltd . have confirmed the following draft timetable in respect of the development proposals :

(a) Scotfield Ltd . to complete purchase of site end of January 1998 ; (b) Archaeological investigations to be undertaken Feb/March 1998 ; (c) Construction to commence on new retail store April/May 1998, with approx . 20 week construction period ; , (d) New toilet building to be provided during .. construction of new store, with old toilets being demolished prior to opening of store, but after completion of new toilets .

Resource Implications :

Finance : Receipt of the sum of £10,000 as a contribution to the future maintenance of the proposed new public toilets . Land : Public toilets and land fronting Sansons Lane car park, High Street, Chipping Ongar . Personnel : Within existing resources . Environmental implications : Preservation and enhancement of a designated Conservation Area and extension of the existing Town Centre Enhancement Scheme area .

Corporate Plan References : Public Health Committee "Sewerage, Land Drainage and Public Conveniences" KS(2) "The review of public conveniences at Traps Hill and Ongar as part of redevelopment proposals" . Development Committee 13 January 1998

17 . PLANNING TRAINING FOR COUNCILLORS

Recommendation

(1) That the proposed training programme be endorsed ; and

(2) That the use on occasions of external presenters be considered .

Introduction

17 .1 (Head of Planning Services) The 1997 Nolan Committee Report recommended that "All Members of an Authority's Planning Committee or equivalent should receive training in the planning system either before serving on the Committee or as soon as possible after appointment to the Committee" . Particular reference was made to planning procedures and planning law . The Local Government Association has endorsed the Nolan Committee stance .

17 .2 It is appropriate therefore, be appropriate to review and rationalise existing District Council practice (i .e . two seminars per annum, one for induction purposes ; external courses/conferences drawn to the attention of chairmen and/or committee), taking into account the planning seminars organised in recent years at the request of the Local Councils' Liaison Committee .

Proposed Training Programme

17 .3 The following programme is proposed, subject to review in the light of experience :

(a) May/June - planning induction seminar aimed primarily at District Councillors new to planning responsibilities (attendance considered essential), but open to all District Councillors and interested Town/Parish Councillors ; to include basic planning proced"ires, statutory requirements, and probity/good practice in Planning Manual for Councillors .

(b) Autumn - planning seminar for District Councillors ; to cover new legislation or PPGs of particular interest and/or policy issues which are topical or of interest to Members .

(c) Early Spring - planning seminar for District Councillors and Parish/Town Councillors ; to focus on aspects of development control procedures, e .g . handling planning applications, enforcement, appeals .

(d) Significant changes to planning legislation, regulations or national guidance to be made know via Members Bulletin as they arise, and summary placed in Members' Room for reference .

44 Development Committee 13 January 1998

(e) Head of Planning Services to draw attention of Chairmen of Development/Plans Sub-Committees to external courses/conferences which deal with topics of particular relevance to this Council but not covered by the in-house programme and which are cost effective (i .e . normally one day events within the eastern/southern parts of England) . Summary of matters arising to be placed in Members' Room, and made known via Members Bulletin .

17 .4 Seminars would normally be arranged during a weekday evening at the Civic Offices . Whilst all of them could probably be conducted by in-house staff, Members may find it more stimulating on occasions to hear from invited presenters, and to utilise daytime sessions . There would be a resource implication .

17 .5 This training programme would of course be additional to that arranged corporately for new Councillors about Council-wide practice and procedure . It would be appropriate to earmark an element of the corporate training budget specifically for planning training .

Resource Implications :

Finance : External tutors say £500-750 per evening-or half day session ; external course typically £125-150 per head plus travel ; Corporate Training Budget for Councillors £7,250 (1997-98) . Land : Nil . Personnel : From existing resources ; rationalisation should make more effective use of staff time .

Corporate Plan References : Development Committee "Planning Services" KS(5) Progress Customer Care Strategy .

18 . PLANNING APPLICATIONS - DELEGATION AGREEMENT (Minute 55 - 28 .10 .97)

Recommendation :

That further consideration be given at the next meeting to renewals of temporary permission being included in the matters delegated to the Head of Planning Services for determination .

18 .1 (Head of Planning Services) At its last meeting the Committee recommended the adoption of a revised delegation agreement relating to planning applications . The Council on 16 December 1997 adopted the recommendation except for the proposed delegation of renewals of temporary permission which was referred back for further consideration .

18 .2 In view of the holiday period it has not been possible to prepare a further report on the outstanding issue for this meeting . A report will be submitted to the next meeting .

Resource Implications : Nil

45 Development Committee 13 January 1998

19 . MAJOR PROJECTS/PROPOSALS : PROGRESS (Minute 12 23 .5 .95)

Recommendation :

To note the progress of current major projects/proposals .

19 .1 (Head of Planning Services) The attached schedule (Appendix 6) gives details of the progress of major projects/proposals in respect of which the Committee has asked for reports at each meeting .

20 . PROGRESS REPORTS (Policy and Co-ordinating Committee Minute 51(4) - 6 .12 .94)

20 .1 (Chief Executive) To consider any progress reports (other than those already agreed for submission on a regular basis) sought by Members of the Committee for submission to the next meeting .

21 . REPRESENTATION ON OUTSIDE ORGANISATIONS

21 .1 (Chief Executive) To receive any oral reports from the Council's appointed representatives on the proceedings of outside organisations defined as Category A in the Members' Allowance Scheme which have met since the last meeting of this Committee and are concerned with matters coming within the responsibilities of this Committee .

21 .2 Members are invited to raise points of interest included in the minutes of relevant Category A outside organisations, copies of which have been placed in the Members' Room and have been listed in the Members' Information Bulletin since the last meeting . Development Committee 13 January 1998

PART C - INFORMATION ITEMS

ANY OTHER BUSINESS AND EXCLUSION OF PUBLIC AND PRESS

22 . INFORMATION ITEMS

22 .1 (Chief Executive) Information items are now included in the Members Information Bulletin . Any Member wishing to raise any matter on an information item . concerning the responsibilities of the Committee which has appeared in the Bulletin since the last meeting is asked to-advise the Committee Secretary before the meeting .

23 . ANY OTHER BUSINESS

23 .1 Section 100B (4)(b) of the Local Government Act 1972, together with Standing Orders A50(1) and A53 require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a :; supplementary agenda of which the statutory period of , notice has been given) may be transacted . _

23 .2 Any item raised by a non-Member shall require the support of a Member of the Committee concerned and the Chairman of that Committee . Two week's notice of non- urgent items is required .

24 . EXCLUSION OF PUBLIC AND PRESS

24 .1 To consider whether, under section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated :

Agenda Exempt Information Item No Subiect Paraqraph Number

Nil Nil

24 .2 To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972 :

Item No Subiect

Nil Nil Development Committee 13 January 1998

24 .3 Standing Order A27 requires that the press and public should be excluded from the meeting at no later than 10 .00 p .m . subject to the completion of any item under debate or if the Chairman determines any further public business should be discussed before exclusion . 0

Essex County Council ESSEX WASTE PLAN CONSULTATION DRAFT 2 Proposals Map sites major waste management

Site Boundary

Ref: MWM 4

November 1997 :10 000 scale 1 . i APPENDIX 2

"WHITE LAND" at Waltham Abbey Extract from District-Wide Local Plan APPENDIIC 2

"WHITE LAND" at Waltham Abbey Extract from District-Wide Local Plan APPENDIX 1

\

Essex County Council ESSEX WASTE PLAN CONSULTATION DRAFT 2 Proposals Map Major Waste management sites

Site Boundary

( i Ref: MWM 4

November 1997 scale 1 :10 000 APPENDIX 3

PLANNING APPLICATION EPF/678/96 - OUTLINE APPLICATION FOR MOTORWAY SERVICE AREA JUNCTION 5 M11 CHIGWELL

Government Office for Eastern Region - No comments at this stage . However Council is reminded that, as the application appears to constitute a significant departure from the terms of the Development Plan, the application should be referred to the Secretary of State in the event that the Council is minded to approve it . No comments made at this stage about the Environmental Assessment .

Roding Valley Preservation Society - Strongly object . Already have noise and pollution from M11 above acceptable levels as indicated by Highways Agency at Slip Roads Inquiry . Aircraft landing box above site . Concern at growing numbers with asthma and many big projects in the area .

Local Neighbourhood Watch have written to Metropolitan Police expressing concern at pollution impacts upon their officers .

Chiqwell Park Residents Association - Objects most strongly . Violates diminishing and precious Green Belt land . Would add an enormous increase in traffic through Chigwell when added to north facing slip roads/Grange Farm/lorries taking fill to Roding Valley Lake . A113 traffic has increased from around 5,500 to 8,000 cars each way between 1992 and 1995 . If that{," increase continues life would be intolerable .

Stables, Rolls Park, Chiqwell - Objects very strongly . Desecration of Green Belt . Increase in traffic on Chigwell Lane which is already very congested at peak hours . Will establish urbanisation/commercialisation close to that portion of Chigwell containing St Mary's Church, historic houses, and which has an essential rural character . Increase in pollution . Detriment to residential amenity .

35 River Way, Louqhton - Strongly object . Noise, pollution and nuisance to local residents . Land encroachment too near residential areas . Additional land loss on top of north facing slip road . No need for services so close to London . Too close to Police Service Area .

Councillor Heavens A speculative compromise . Site completely inappropriate .

English Nature - Not opposed to principle of an MSA but consider this particular location is inappropriate . Occupy significant area of land and effectively link Chigwell and- Loughton, encourage further development . Sever Roding Valley south of A1168 from that upstream in .terms of plant and animal movement . increased surface run off without balancing ponds a risk to river, or threatens flood defence being provided downstream . Risk of pollution, in particular, chemicals and de-icing salt . Roding relatively clean supports species which. are sensitive to pollution .

Proposals do not include changes to Junction 5 . North facing slips scheme to a lower standard than normal to minimise environmental impact . Proposed traffic mitigation measures in the Environmental Assessment pose a significant risk to Roding Valley Meadows LNR and Lady Patience Meadow SINC . Should have been fully investigated not~"glossed over" . Object to application . Rolls Park Farm - Strongest possible objection . Undermine quality of life and generate unacceptable air pollution for residences in close proximity . Less than 350 yards from HGV park ; intolerable and invasive impacts upon family life . Lighting needed at high level will be intrusive at 350 yards . Invasion of privacy . Air pollution similar . Noise pollution invasive 24 hours a day 365 days a year . Recognises necessity for such facilities but objects to proximity to a family residence . Fumes and noise pollution pose a serious health threat . Erosion of property values . Seeks a clear and early decision to reject proposal .

British Gas - Has a pipeline in vicinity . No objection provided land levels not changed and no trees and some types of shrubs are planted immediately over the pipeline .

Freight Transport Association - Welcome any increase provision for motorway services, particularly for commercial vehicle drivers .

Countryside Commission - Do not wish to comment .

Environment Agency - No objections subject to conditions . metropolitan Police Service - No objections .

Road Haulage Association Ltd . - Concerned about inadequate lorry and driver facilities on primary route network . Essential that suitable and adequate lorry and driver facilities provided on Mil . This development would make a major contribution towards improving this situation . Recommends that planning approval be given .

Epping Forest Country Club - Our concern would be the additional heavy traffic that would pull off the motorway, also the petrol and diesel fumes which would be emitted from the service station .

Conservators of Epping Forest - Concerned at loss of any Green Belt land . Not opposed to this application as it would remain an isolated incursion and not become the nucleus of urban expansion of Loughton in vicinity of the M11 .

Bretts, Rolls Park, Chigwell - Object in strongest terms . Local roads will become very congested with new link roads . If service area passed village atmosphere will.be lost forever in Chigwell . Pollution created by HGVs will be detrimental to children in surrounding area . Motorway already very busy and movement through night of HGVs and other vehicles so close to houses which adjoin the proposed service area will be another millstone to what was once a small village .- Developers seem to want to turn this area into an extension of London . Application is another challenge to Green Belt which was supposed to protect countryside as well as local residents .

The Council for the Protection of Rural Essex - Preliminary objections :

1 . The site nominated for the MSA is within the Green Belt and is part of a designated Special Landscape . Although the applicant refers to PPG13 and the special circumstances that can cause Green Belt considerations to be waived, we contend that there are no special circumstances or factors that dictate a need for an MSA to be located at junction 5 . Junction 5 is in close proximity to towns and villages that can provide motorway service type facilities . There are major service stations close to the junction (e .g . the BP station at Debden, 200 yards away) and also an HGV park . Hotels are available within a radius of 5 miles . The nearest MSA is located at Birchanger only 17 .5 miles away from junction 5 .

2 . The proposed site is located 1 to 2 miles from the Conservation villages of Chigwell and Abridge to the east, and the town of Loughton to the west . In the near future north facing slip roads will be added at junction 5 to provide access and exit to and from the north and two new roundabouts will be added to Chigwell Lane (A1168) to provide access . These slip roads will significantly increase the local traffic and its impact on the environment . As stated in your Local Plan, Epping Council were opposed originally to the slip road scheme .

The proposed MSA would further .increase the use of the slip roads and generate additional congestion at the roundabouts since Chigwell Lane must be crossed to access the MSA .

Welcome Break (as operators of Birchanger Green MSA) - Object to the proposal : ,

Welcome Break operates Birchanger Green MSA some 18 miles . north of the proposed site . Birchanger .Green opened on 9 March 1995 and was designed under the pre-1992 MSA deregulation rules and guidelines in that it is large enough to accommodate 30 years growth in traffic (N .B . compared to current guidelines which are 15 years) . Consequently it is a major, comprehensive facility comprising the following :

1 "Granary" self service restaurant 277 1 Little Chef waitress service restaurant 76 1 Caffe Primo Italian restaurant 70 1 Julies Pantry fast food restaurant 36 1 La Baguette sandwich bar 8

In all these restaurants provide more than 457 covers (seats) . In addition there is a large retail shop,,a state of the art Shell fuel filling station with 70 pumps and a 60 bedroom Travelodge .

Parking exists for 296 cars, il disabled cars, 42 HGVs with 1 extra long HGV space .

Under MSA deregulation spacing is considered in both PPG13 and Roads Circular 1/94 . Paragraph 11 of PPG13 states :

"Although the Government does not have in mind any maximum interval beyond which there would be any presumption for the siting of an MSA" and Paragraph 10 states :

"Nor does the Government positively recommend provision of MSAs at 15 mile intervals" . Roads Circular 1/94 goes on to say that :

"Intervals between existing services have not been much more than 30 miles . That remains a desirable general aim from the transport point of view" .

Understand the proposed Chigwell site is situated within the Metropolitan Green Belt . Guidance in PPG2 and PPG13 identifies MSAs as inappropriate forms of development within the Green Belt . Thus for the Chigwell proposal to be allowed the balance of argument must constitute very special circumstances sufficient to justify an exception to the restrictive framework embodied in national guidance and local Green Belt policies . Bearing in mind that from PPG13 and Circular 1/94 guidance the general desire is for MSAs to be provided at about 30 mile intervals and that Birchanger Green MSA being only 2 years old has large amounts of spare capacity certainly for the foreseeable future it is not considered that very special circumstances exist at Chigwell to allow an MSA consent to be granted .

The composition of traffic on the M11 needs to be considered . Both Welcome Break's experience at Scratchwood (M1) and our sister company Granada's experience at Heston (M4) is that although stretches of motorway within the M25 enjoy high traffic volumes a large proportion of this traffic is short haul in nature such as commuters . Short haul traffic makes little use of MSA facilities as experienced at Scratchwood and Heston . Furthermore the long haul traffic passing these sites is usually near either its origin or its destination and again tends to make little use of the MSA facilities . It is our Company's contention that the traffic on the M11 at Chigwell is principally short haul in nature, consequently the need for MSA facilities is low at this point on the M11 .

Chigwell Parish Council - Request refusal on the grounds that the proposal will not solely be a motorway service station but will serve local residents . In addition this will generate a considerable amount of local traffic resulting in congestion along Chigwell Lane . Due to the present traffic on the motorway this area is already considerably polluted with exhaust gasses from vehicles and a motorway service station of any description will increase this pollution to an unacceptably high level .

Essex County Council - That Epping Forest District Council be advised that in the absence of very special circumstances permission should be refused on Green Belt grounds . The proposal is also considered to conflict with policies NR10 and NR12 of the Approved and Adopted Essex Structure Plan .

County Planner - has made a number of technical comments, as follows :

1 . With regard to the Environmental Statement, this appears to be particularly lacking in any appraisal of noise issues, deals with illumination impacts very poorly, and the visual impact section also needs additional work, i .e . a recognition of the topography of the area - sections etc . needed and some indication of the appearance of the proposal at different stages of landscape development from various vantage points would be helpful, i .e . photo-montages etc . In particular the view of the area from the motorway itself, north of the site appears to be significant, but is not referred to . The ecological aspects are also very poorly covered . No doubt English Nature will confirm the total inadequacy of presenting an assessment based on a survey carried out in January!

I also note the apparent absence of the mandatory non- technical summary .

Notwithstanding the lack of information, and without prejudicing my Members recommendation, my initial reaction is that the applicants have so far failed to show a need sufficient to override the presumption against the proposal bearing in mind the Green Belt location of the site .

Archaeoloqy

2 .. The proposed development site lies within an archaeologically sensitive area of Prehistoric, Romano- British, Medieval and Post Medieval activity on the alleviated terrace gravels of the River Roding . The proposed development is located immediately west of a probable ditched Roman road or track (ESMR 4079) which may extend into the application area . The Roding Valley has a very rich archaeological heritage resource and is designated by Essex County Council as a "Special Landscape Area" . Settlement and burial activity extends along the whole of the catchment area and dates from the Palaeolithic to the Post-medieval and Second World War periods . The proposed development site and area, are likely, to have been a focus for past settlement and " farming due to the easily worked nature of the fertile soils, abundant and accessible natural resources, and ease of communications and transportation . In addition, the development is located southwest of Woolston Hall (ESMR 4027), an early Medieval site and northeast of reported Prehistoric ring ditches (ploughed our burial-'' mounds/round houses) and an enclosure (ESMR 4063) . In'°r- view of the sites potential, therefore, a scheme of works should be employed to ascertain the nature, extent and date of any archaeological remains .

We recommend, therefore, that the site be subject to an archaeological evaluation to be undertaken prior to the development or any groundwork commencing . The assessment would provide a more detailed appraisal of the potential archaeological implications of the site and the impact that the development proposals may have on any surviving archaeological remains . The archaeological assessment could lead to proposals for a mitigation strategy, devised in order to safeguard and/or record those features of special merit most affected by the development and/or the need for further investigations and cost implications .

The following recommendations are in line with the DoE Planning Policy Guidance 16 : "Archaeology and Planning" . RECOMMENDATION : FIELD EVALUATION AND GEOPHYSICAL SURVEYING

The applicant should be required to conduct a field evaluation to establish the nature and complexity of the surviving archaeological deposits . This should consist of a programme of trial trenches and geophysical surveying which would locate and assess the surviving deposits . This is normally undertaken prior to a planning decision being made . This evaluation would enable due consideration to be given to the archaeological implications and would lead to proposals for mitigation of disturbance and/or the need for further investigation .

Further recommendations :

Any archaeological work should be undertaken by a recognised professional team of archaeologists . The District Council should inform the applicant of the archaeological recommendation and its financial implications .

Loughton Town Council - The Committee recommended that this application be refused for the following reasons :

(a) The proposed development is in land designated as "Green Belt" .

(b) The proposal will not solely be a motorway service station but will serve local residents in addition . This will generate a considerable amount of additional local traffic resulting in congestion along Chigwell Lane .

(c) This area is already considerably polluted with exhaust gases from vehicles using the motorway and a motorway service station of any description will increase this pollution to an unacceptably high level .

11 Whitehills Road, Loughton - Strongly object to any further loss of Green Belt land . The area in and around Loughton is gradually being "infilled" and any further loss would be more detrimental to the area . The M11 slip road, not to mention the Safeway so-called "improvements" forced upon residents . The advent of the M11 slip road, Loughton will become "The Epping By-Pass" and Loughton cannot afford any more loss of Green Belt land . Some land will be lost with the building of the slip road .

The proposed site includes plans for a Restaurant Block, Travel Lodge and Fuel facilities etc ., i .e . a full-scale development . An MSA is not necessary so close to the start of the M11, and another site for less ambitious amenities is available i .e . 1 mile to the south adjacent to the David Lloyd Tennis Centre . This site has never been developed and houses, in one corner, the Police Motorway Patrol HQ . There is no necessity for full-scale facilities, if any facilities at all in this area . 37 The Drive, Loughton - Object to any MSA development, regardless of size . Given everything that has happened within Loughton town centre and the surrounding roads over the last seven years the idea of any further facility which would increase the amount and size of traffic in the area, not least the High Road, is almost immoral .

Loughton is currently suffering the most awful inconvenience, noise, pollution and disruption because of the Safeway expansion . This road in particular, and the High Road generally is slowly grinding to a halt . If you add to the present situation the effects of the proposed new slip roads off the M11, the eventual scenario with additional heavy lorries etc ., almost defies believe .

11 Lower Park Road . Loughton - Strongly object to this proposal on the following grounds :

1 . Lack of need .

2 . Green Belt site .

3 . Increase in local non-motorway traffic, especially commercial .

4 . if deemed essential by DoE, better site available at Police Motorway HQ .

5 . Highly visible site on rising ground in Roding Valley .

6 . Damage to river, flora and fauna .

Health and Safety Executive - Comments as follows :

1 . The proposed motorway service area development is located on a notified British Gas high pressure natural gas transmission pipeline . ,

2 . Such a pipeline is subject to the requirements of the Health and Safety at Work Etc . Act 1974, which specifically includes provisions for the protection of the public . However, the possibility remains that a major accident could occur at the pipeline and that this could have serious consequences for people in the vicinity . Although the likelihood of a major accident occurring is small, it is prudent for planning purposes to consider the risks to people in the vicinity of the pipeline .

3 . The Major Hazards Assessment Unit (MHAU) of the Health and Safety Executive (HSE) has assessed the likelihood of a major accident at the pipeline, the amount of gas which could be released during such an event and, if it were then ignited, the consequences for people at the development, taking into account factors such as the location, nature, size and likely occupancy of the development .

4 . On the basis of this assessment, HSE advises that although the likelihood of a major accident at the pipeline is low, the risk of harm to people at the development would be sufficiently high that planning permission should be refused on grounds of safety . 5 . However, if there are factors which weigh strongly in favour of the application, we suggest that it would be desirable for an Inspector from MHAU to attend a meeting to explain the technical assessment and level of risk in more detail, before a final decision is made . Please let me know if you would like such a meeting to take place and I will make the necessary arrangements .

6 . If, nevertheless, you are minded to grant permission, your attention is drawn to paragraph B15 of Department of the Environment Circular No . 11/92 . This states that "Where a local planning or hazardous substances authority are minded to grant planning permission or hazardous substances consent against HSE advice, they should give HSE advance notice of that intention, and allow HSE 21 days from that notice for HSE to give further consideration to the matter . HSE will consider, during that period, whether or not to request the Secretary of State for the Environment . . . to call-in the application for his own determination ."

7 . If you decide to refuse planning permission on grounds of safety, HSE will provide the necessary support in the event of an appeal .

Secretary of State for Transport - Comments as follows :

I note that the applicant in Section C of his Environmental Statement has indicated in paragraph 1 .2 that "A detailed traffic impact assessment (TIA) is to be produced which will expand upon a preliminary assessment already prepared . . ." . You will appreciate that until the TIA has been received and considered by the Agency we are not in a position to form a view as to the merits or otherwise of this application .

In order therefore to protect the Secretary of State for Transport's interests which include proposed north facing slips at Junction 5 and the existing MSA land allocation to the south of Junction 5, I have issued the attached direction of refusal . This is a holding direction pending the Agency's receipt and consideration of the applicant's TIA and associated issues .

The Secretary of State for Transport, as Highway Authority for the M11 Motorway, by virtue of Article 14 of the Town and Country Planning (General Development Procedure) Order 1995 hereby directs that the planning application given the reference No . EPF/678/96 and made in the name of Swayfields Ltd ., be refused .

The reasons for the direction are that :

1 . The proposed development, if approved, would prejudice the Secretary of State for Transport's proposals for the M11 Motorway Junction 5 North Facing Slip Road Improvement .

2 . The applicant has not demonstrated to the satisfaction of the Highways Agency that the traffic impact of the proposed development would not be detrimental to the safety and free flow of Trunk Road traffic . APPENDIX 4

DEVELOPMENT COMMITTEE ESTIMATES 1998/99 DEVELOPMENT COMMITTEE ESTIMATES 1998/99

Introduction

This budget has been prepared in accordance with the latest guidance issued by CIPFA . Detailed notes highlighting changes to the estimates are included against each service of which the commentary below is a summary .

Planning Services

The overall aim is to continue existing levels of service, but, by allowing for the bolstering of Enforcement and Economic Development. One off expenditure is designed to cover specific commitments, support for review of glasshouse and housing policies, a Millenium Project, and to give impetus to the new Town Centre Partnerships . A sustained level of Development Control fee income is assumed, without any further change to fee rates.

Countrycare

The Countrycare estimates have seen no significant variations, despite a slight reduction in anticipated Income.

Building Control

These estimates which have been prepared under the current regulations, reflect adopted levels of service/resourcing, and assume sustained levels of income.

Service Strategy and Regulation

This represents the cost of co-ordinating the Development service in terms of policy and management. Costs have risen slightly year on year due to increased allocations front Planning Services . DEVELOPMENT COMMITTEE GENERAL FUND ESTIMATE SUMMARY

1996/97 1997/98 1998/99 Actual Original Revised Gross Gross Net Estimate Estimate Expend Income Expend f000 Is EM'S f000's E000's E 000's E000's

1,606 1,358 1,223 Planning Services 1,598 281 1,317

117 113 111 Countrycare 132 5 127

118 137 53 Building Control 372 282 90

22 23 27 Service Strategy and Regulation 31 0 31

1,863 1,641 1,414 2,133 568 1,565

1,505 1,507 1,296 Continuing Services Budget 1,427 0 26 25 Continuing Services Budget - Growth Items 12 358 ,08 93 Development Fund Items 126

1,863 1,641 1,414 1,565

0 20 0 Capital Expenditure . 40 DEVELOPMENT COMMfiTEE DEVELOPMENT COMMITTEE NET EXPENDITURE 1997/98 NET EXPENDITURE 1998/99

M PLANNING SERVICES

\ COUNTRYCARE \ COUNTRYCARE

O~ F- w IIIII BULDING CONTROL

® SERVICE STRATEGY DEVELOPMENT COMMITTEE DEVELOPMENT FUND & GROWTH ITEMS

1997/98 Original Revised Estimate Estimate E000's E000's CSB Growth Items Capital Programme Increased Asset Rentals 1 Economic Development General promotion/support 15 15 Conservation Policy Street Furniture 10 10

26 25

Development Fund Items Forward Planning District Wide Local Plan 25 25

Development Control Miscellaneous Financing 78 18

Economic Development Waltham Abbey Tourist Office 5 5

Planning Appeals Costs 45

108 93

1998/99 Original Estimate E000's

CSB Growth Items Capital Programme Increased Asset Rentals 1 Economic Development Essex Economic Development Forum 4 Enforcement Admin Staffing 7

12

Development Fund Items Development Control Miscellaneoi:s Financing 60 Building Control/ Development Control Property Database Support 4 Forward Planning , Consultants 15 Forward Planning Housing Needs Survey 25 Countrycare Millenium Green Project 10 Economic Development Town Centre Partnerships 12

126 DEVELOPMENT COMMITTEE PLANNING SERVICES

Forward Planning

The 1997/98 budget contains a District Development Fund (DDF) item of E25,000 for Local Plan printing which is expected to outturn at that level .

In 1998/99 there are two DDF items, f25,000 as part of a joint bid with Housing Committee for a Housing Needs Survey and f 15,000 for consultants.

The other significant change is a reduction in staff allocations in both 1997/98 and 1998/99 .

Conservation Policy

There has been a reduction in Planning cost centre allocation to this budget in both 1997/98 and 1998/99 . CSB growth of f1,000 for the revenue implications of the Bobbingworth Pocket Park capital project are included in 1998/99 .

Development Control

The 1997/98 budget contains a DDF item for costs in relation to iegal costs . Although it was originally expected that f78,000 would be spent in 1997/98 it now appears that only f18,000 will be spent in this year with the remainder being incurred in 1998/99 . A further DDF item in 1998/99 has been included for temporary database support of f2,000.

A revised DDF item of f8,000 has been included in relation to 16/17 Roydon Lodge chalets costs.

Due to an upturn in the building industry Development Control income is expected to rise by £47,000 in both 1997/98 and 1998/99 .

There has been no provision included within the budget for any compensation that might arise from the Lea Valley Nursery case .

Enforcement

In 1998/99 there has been an increase in allocations to this heading fiom the Development Control group . This increase includes CSB growth of f7,000.

Planning Appeals

Whilst Enforcement has seen an increase in staff allocations this head has seen a reduction .

A revised DDF item has been included for cases where costs have been awarded against this Council netted against situations where costs have been awarded in iavour of the Council. The net figure amounts to f37,000.

A report elsewhere on this agenda recommends the rejection of ar application for a motorway service station . No costs in relation to this item are included in the budget.

Economic Development

The revised budget has seen extra income in respect of contributions to the Business Excellence Scheme of f4,000 . The 1998/99 budget shows a DDF item of f 12,000 for assistance to the six town centre partnerships and CSB growth of f4,000 as a contribution to the Essex Economic Initiative. DEVELOPMENT COMMITTEE PLANNING SERVICES

1996/97 1997/98 1998199 Actual Original Revised Gross Gross Net Estimate Estimate Expend Income Expend E000's E000's E000's E000's f000's E000's

296 223 204 Forward Planning 229 0 229

138 151 137 Conservation Policy 140 0 140

618 470 368 Development Control 710 280 430

201 195 198 Enforcement 238 0 238

242 217 216 Planning Appeals 164 0 164

111 102 100 Economic Development & Tourism 117 1 116

1,606 1,358 1,213 1,598 281 1,317

1,248 1,224 1,105 Continuing Services Budget 1,191

0 26 25 Continuing Services Budget - Growth Items 12

358 108 93 Development Fund Items 114

1,606 1,358 1,123 1,317

0 20 0 Capital Expenditure 40 DEVELOPMENT COMMITTEE BUILDING CONTROL & COUNTRYCARE

Building Control

There has been a reduction in charges from the Building Control group in both years due to savings achieved under Senior Management Review. Notwithstanding this a DDF item of f2,000 for a temporary member of staff is included within this budget. In 1997/98 an increase in income is expected of about L35,000.

Countrycare

A DDF item of f10,000 is included within the 1998/99 budget for a contribution towards the Swaines Millenium Green Project in Epping.

Income in 1997/98 is expected to be f1,200 higher than originally anticipated, this is despite the loss of an expected grant from the Countryside Commission of £1,700 . The extra income has come from increased contributions to Countrycare projects made by various local organisations and members of the public . In 1998/99 contributions are expected to return to the original 1997/98 budget levels bringing income down by £3,000

1997/98 and 1998/99 both show slight reductions due to a fall in departmental administration costs. DEVELOPMENT COMMITTEE BUILDING CONTROL & COUNTRYCARE

1996/97 1997/98 - 1998/99 Actual Original Revised Gross Gross Net Estimate Estimate Expend Income Expend E000 's E000's E000's E000's E000's E000's

118 137 53 Building Control 372 282 90

117 123 111 Countrycare 132 5 127

235 260 164 504 287 217

235 260 164 Continuing Services Budget 205 0 0 0 Continuing Services Budget - Growth Items 0 0 0 0 Development Fund Items 12

235 260 164 217

0 0 0 Capital Expenditure 0 DEVELOPMENT COMMITTEE 1998/99 SUBJECTIVE ANALYSIS

Employee Premises Transport Supplies Third Transfer Support Asset Gross Income Net BUDGET Expenses Related Related and Party Payments Services Rentals Revenue Revenue Expenses Expenses Services Payments Expenditure Expenditure

E E E E E E E E E E E

PLANNING SERVICES Forward Planning 0 0 0 45,150 121,560 0 62,830 0 229,540 0 229,540 Conservation Policy 0 0 0 22,560 100,130 0 16,060 1,350 140,100 0 140,100 Development Control 0 0 0 72,350 412,020 0 225,200 0 709,570 280,000 429,570 Enforcement 0 0 0 1,040 147,930 0 88,690 0 237,660 0 237,660 Planning Appeals 0 0 ' 0 31,530 105,330 0 27,260 0 164,120 0 164,120 Economic Development 0 19,490 0 61,530 34,510 0 1,080 0 116,610 860 115,750

COUNTRYCARE 0 0 0 25,770 103,980 0 2,460 0 132,210 4,990 127,220

BUILDING CONTROL Fee Earning 0 0 0 30,920 237,620 0 15,110 0 283,650 263,430 20,220 Non Fee Earning . 0 0 0 0 83,440 0 5,080 0 88,520 18,820 69,700

SERVICE STRATEGY AND REGULATION 0 0 0 0 3,750 0 27,690 0 31,440 0 31,440

TOTAL 0 19,490 0 290,850 1,350,270 0 471,460 1,350 2,133,420 568,100 1,565,320 DEVELOPMENT COMMITTEE

CAPITAL PROGRAMME REVIEW

1997/98 REVISED - 1998/99 to 2001/02 FORECAST

1997/98 1997/98 1998/99 1999/2000 2000/01 2001/02 5 Year Original Revised Forecast Forecast Forecast Forecast Total EOOO f000 fooo E000 LOW EOOO LOOO

bingworth Tip 20 0 40 6 0 0 46 000c,ket Park

TOTAL 20 0 40 6 0 0 46 DEVELOPMENT COMMITTEE BUDGET 1998/99

SUGGESTED PRIORITIES

CSB GROWTH ITEMS

LOOO

1 . Capital Programme l . Unavoidable consequence of expenditure on Bobbingworth Tip Pocket Park. Corporate Plan : enhance environment and provide leisure facilities Strong local community support.

c 2. Enforcement 7 . Provisional estimate to allow enhancement of levels of service, subject to early Corporate Plan : enhance consideration by Working Group of report enforcement as resources permit now being drafted . (Development Committee 28.8.97)

= 2 . Economic Development 4. Agreed level of contribution by all Essex Districts/Unitaries to augment and give Corporate Plan : promote economic higher profile to Partnership with regeneration . Cost effective ECC/TEC, attract matched funding, and partnership working. enhance marketing/inward investment; allows appointment of a manager. DEVELOPMENT FUND ITEMS

1 . Development Control: 60. Unavoidable legal costs . Miscellaneous Financing

2 . Building Control/ 4. Essential to complete property database Development Control and transfer data in order to optimise use Information System . of system and assist Local Land Charge Searches. Corporate Plan : maximise benefits from assets; provide statutory services to adopted standards (Development Committee 28 .10.97)

3. Town Centre Partnerships 12. To demonstrate EFDC Commitment by "pump-priming" finance to allow initial Corporate Plan: Promote economic surveys and encourage admin support. regeneration . High profile community partnerships

4. Forward Planning: 15 . To commission specialist advice about Consultants currentlforeseeable needs of the glasshouse industry and input to review of Local Plan Corporate Plan: promote economic Policy E13 . regeneration ; review Local Plan policies promptly, reflecting impact of traffic on environment . (Development Committee 28 .10.97)

5 . Millennium Green Project 10. Necessary to allow joint project with (Swaines Green, Epping) Epping Town Council to proceed and claim lottery funding . Corporate Plan: encourage lottery projects and enable Leisure/ Environmental schemes; high profile community partnership (Development committee 28 .10.97)

6 . Housing Needs Survey 25 . Desirable to support affordable housing (joint with Housing Committee). policies and Housing Strategy in face of advice from government offices. Corporate Plan: provide suitable housing for those in need, especially with social housing providers (Development Committee 28.10.97) APPENDIX 5

PROPOSED MILLENNIUM MAZE DESIGN

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° Jan. Sunderland 1997 . All ri9M& ret " rva.d APPENDIX 6

DEVELOPMENT COMMITTEE: 13th January 1998

Mikjor Pmiects/Proposals: Progress

Preparation Epping Forest District Local Plan Representations on Proposed Modifications to 2001 . duly considered. Formal adoption procedure authorised by Full Council 16 .12 .97 . Contact : Alan Storah 01992 564100

Royal Ordnance Site Planning permission for link road issued ("Waltham Park"), Waltham Abbey October 1996, following completion of Section 106 Agreement. Revised land use applications Contact: John Preston EPF/37/96 and EPF/38/96 issued August 1997, 01992 564111 subject to completion of 106 Agreement. The previous owners have sold the site . Details of decontamination proposals recently received.

Northern Gateway Access Road (NGAR), Planning application EPF/1277/96 for the Waltham Abbey portion of this development within our area under consideration. Includes Environmental Contact: John Preston Assessment. Committee agreed to press 01992 564111 Secretary of State to call applications in for his decision . A quick decision on call in is not expected .

Royal Gunpowder Factory Site Directors have now been appointed for the (ex RARDE), Waltham Abbey Operating Charitable company who are now preparing to take over the running of the Contact : Paul Sutton project from the WARGM Trust Steering 01992 564119 Committee . Detailed application for residential development on western flank will be reported to Plans Sub-Committee in January.

Lea Valley Nursery, A public inquiry to hear appeals against refusal Waltham Abbey of applications EPF/356/94 and EPF/536/94 for golf and retail development had been fixed Contact: John Preston for June 1997 but has been further postponed. 01992 564111 Retailing has now ceased. Outstanding compensation claim by landowner arising from Article 4 Direction and refusal of permission for 14 day market in 1994 ; alternative uses agreed in principle by Committee August 1996 . Planning Brief agreed in broad terms January 1997 and discussions continuing. Brief has been put out to public consultation .

Metropolitan Police Training Site, Although there are no planning powers to Lippitts Hill require the Training site to relocate or helicopter flights to cease because of Crown Contact : Barry Land Immunity, discussions are continuing with the 01992 564110 Police Authority regarding alternative sites. The Police have indicated an intention to relocate firearms training but the time-scale is uncertain, and are also considering options regarding the helicopter base . Grange Farm redevelopment, Chigwell Following public inquiry in July 1995, outline planning permission granted on appeal in Contact: Ian White September for a place of worship, subject to 01992 564066 conditions and a Section 106 obligation . Pursuant to the latter, a management scheme for the open land has been agreed with the District Council and the Managing Trustees. Schemes for highway improvements at the High Road junction have also been agreed. However, whole project now delayed because relocation of Jehovahs Witnesses from existing site affected by Trunk Roads Review. Urgent attention being given to safety of existing buildings and structures .

Supermarkets, Loughton (i) Appeal re refusal of permission for Safeways extension was granted. Contact : John Preston Application showing modes t~, 01992 564111 amendments has been granted by Plans Sub-Committee "A" at their meeting on ?.8 .10.96. Development is proceeding. (ii) J . Sainsbury plc own land at Old Station Road and had objected to Deposit Local Plan on the grounds that it does not incorporate the site in the defined town centre . The Local Plan inspector made no change to the Plan as a consequence of the objection . Proposals by owners awaited following their public consultation end 1996. Waitrose, Preliminary discussions have taken place in Buckhurst Hill respect of a possible expansion of the existing store. Planning application (EPF/540/97) Contact: Charlotte Galforg received late April. Issues are highway access, 01992 564018 appearance (sloping site), adequacy of car parking. If resolved, possible negotiation of local benefits . Discussions now focussed on need for local highway improvements .

Loughton Pool Redevelopment Outline planning permission granted 17.2 .97 to accompany submission of lottery bid . The Contact : Barry Land Council is considering options for the future 01992 564110 now that the lottery bid has been unsuccessful.

Secondary School Places Further County Council consultations on in the South of the District Willingale Road and Roding Lane site options issued in November 1997 . Full Council Contact: Alan Storah 16 .12 .97 expressed preferences for latter. 01992 564100

Copped Hall The Copped Hall Trust is continuing works for the conversion of the stables, the rebuilding of Contact: Paul Sutton the link building and conversion of dairy to a 01992 564119 total of 5 units. Two units are now 'under offer' . Residential conversion of old farmstead buildings (to north), 4 units, now all sold. Appeal allowed for conversion of cartshed to one dwelling.

Former Radio Station Site, Amended planning application for golf course, North Weald residential development and clearance of existing buildings judged acceptable in principle Contact: John Preston by Committee in May 1997 Appeal against 01992 564111 non-determination lodged but Inquiry postponed. Discussions have been continuing about Section 106 terms and conditions within framework agreed by Committee October 1997 . r

., Bansons Lane redevelopment, Planning application for retail store on site of . : Ongar Infants' School was agreed by 4.8 .97 Plans Sub Committee. Developer contribution to replace Contact: Paul Sutton the public toilets in High Street with new 01992 564119 building agreed at P & C on 2.12.97 . See or report elsewhere on this Agenda . Principles set Chris Embling out in Planning and Design Brief and Local 01992 564104 Plan Policies STC6 and CF7 .

Future of site of former Ongar Comprehensive The District and County Councils support the School site's continued use for employment leisure and community purposes . County are pursuing Contact : Alan Storah private finance involvement which would entail 01992 564100 the private sector identifying various options. Full copy of response to public consultatioy* available on request. Date for joint Members' meeting still awaited .

Former Epping-Ongar Railway Line See item on main agenda .

Contact : Alan Storah 01992 564100

Town Centre Partnerships Partnerships agreed in principle with other parties for six main town centres; steering Contacts: Alan Storah / Phil Vohmann groups established for three, and programmes 01992 564100 / 01992 564289 of work initiated; discussions have been progressed about remainder, with view to sta early in 1998. Summary of current situatio~ appended .

PL/ISL/JJS : 18.12 .97 11 :20 05/01/98

TOWN CENTRE PARTNERSHIPS

The progress of the Town Centre Partnerships has been varied. There are six Town Centre Partnerships in Waltham Abbey, Epping, Ongar, Buckhurst Hill, Loughton Broadway and Loughton High Road.

The most successful currently is Waltham Abbey and the Town Centre Partnership is fully supported by all parts of the local community. Two questionnaires have been produced and circulated to all residents and businesses. The responses from these are currently being evaluated . Also the partnership has produced a shopper's guide to Waltham Abbey.

Epping Town Centre Partnership has again found support from all parts of the local community. In the last few weeks it has gained considerable success from the resolving of the local parking problems, It's aim for the new year is to build on the support from the business community and identify a new chairman to take over from the district council's Economic Development Officer.

Loughton Broadway met during 1997, but didn't gain the necessary momentum expected. This was due partly to the local traders' lack of vision for the concept of Town Centre Partnerships, and also the fact that EFDC is a major stakeholder in the Broadway. However, dates for this coming year have been set and the Chairman and Secretary have been working to encourage all parties to see the wider picture.

Loughton High Road has made significant progress on involving the local community, but it still lacks the full support or understanding of the local business community. Currently communication with businesses is a problem, but a new database is being prepared which will enable focused access to businesses in the High Road.

Buckhurst Hill Town Centre Partnership has had problems understanding it's role in conjunction with the Town Centre Enhancements. However, a meeting has been convened in the New Year to clarify it's terms of reference and how it can fully participate in the consultation process for the enhancement scheme. Progress has also been slow because of the need to clarify secretarial support.

Ongar Town Centre Partnership held it's first meeting at the Essex Rooms on Monday 5's January 1998 and was addressed by Richard Picking the new chairman, Roy . Keasley, and Phil Vohmann.