SJK Planning Ongar, Essex, CM5 9EQ Chartered Town Planners Tel 01277 362489
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Byways, Landview Gardens, SJK Planning Ongar, Essex, CM5 9EQ Chartered Town Planners Tel 01277 362489 www.sjkplanning.co.uk APPEAL BY MR AND MRS BIXBY AGAINST THE REFUSAL OF PLANNING PERMISSION BY EPPING FOREST DISTRICT COUNCIL FOR CONSTRUCTION OF 1 NEW DWELLING AT END HOUSE, 8, HILL CREST ROAD, TOOT HILL ONGAR, ESSEX, CM5 9SH APPEAL STATEMENT OUR REF – 1899 LPA REF – EPF/1943/17 2 Contents Page 1 Introduction 3 2 The Site and Surroundings 5 3 The Planning History 6 4 The Planning Application 12 5 Relevant Planning Policies 13 6 The Planning Considerations 15 7 Conclusion 18 Appendix 1 - Photographs of the site 3 1.0 Introduction 1.1 This appeal is against the decision of Epping Forest District Council to refuse planning permission for the construction of 1 new dwelling on land adjacent to End House, 8, Hill Crest Road, Toot Hill, Ongar, Essex, CM5 9SH. 1.2 End House is a detached 4 bedroom detached house on a large plot extending to some 0.9 hectare at the north eastern end of the road. Cumley Road has a total of 7 dwellings, and joins Epping Road some 50 m to the south. Both Hill Crest Road and Cumley Road are privately owned. The proposed bungalow would be bounded by End House, No.5 Cumley Road, and Willows End, with access direct onto Cumley Road. 1.3 The application proposes a bungalow in line with End House but accessed by way of the adjoining road. It is within the curtilage of End House but has not historically formed part of its immediate garden area. The proposed site would be bounded by End House, No.5 Cumley Road, and Willows End. 4 1.4 In assessing the proposal the planning officers looked at the principle of development in the context of guidance in the National Planning Policy Framework. It was agreed that the bungalow would have a “rough alignment with the northern side of existing house fronting Hill Crest Road”, but the planning officer was not satisfied that the gardens of the three adjoining houses should constitute previously developed land. There was also concern that the bungalow would be too close to the neighbouring house at No. 5 Cumley Road. 1.5 Our grounds of appeal are that first, that Toot Hill has been accepted as a suitable and sustainable location for small infill development, having regard also for the fact that that the Council can currently only demonstrate a 1.35 year supply of land for housing purposes. Due to this it has been shown in several recent appeal decisions, both within and outside of the district, that such a lack of a demonstrable five year supply of housing weighs in favour of granting planning permission. 1.6 Secondly, it is clear that the site is within the village. Thirdly, given the location of the site, level with End House, and having developed land on three sides, it does constitute an infill site. Recent decisions in Toot Hill and elsewhere have accepted adjoining garden land as enclosing an infill site. Fourthly, definitions of what can constitute an infill site do not require that they have a frontage to one of the main roads through a village. The site will have direct access onto Cumley Road, at a distance of only 100 metres from its junction with Epping Road. 1.7 In setting out the grounds of appeal in detail, this statement describes the appeal site and the surrounding area. It then looks at the planning history of the site, and other recent planning decisions in the village. It then describes the proposals and sets out the relevant planning policies and planning considerations. 5 2.0 The Site and Surroundings 2.1 The site is rectangular in shape, measuring 32 metres by 25 metres, extending to an area of 800 square metres. Although forming part of the curtilage to End House, it has an access directly onto Cumley Road. It is enclosed by existing fences on the south and east side, and new fence would enclose it on the north side. 2.2 It has historically formed part of the curtilage to End House, but not specifically included as part of its cultivated garden. 2.3 Further to the north is an open area of ground enclosed by a mature hedge. Beyond which is open farmland. 2.4 Cumley Road and Hillcrest Road are both private roads, and comprise a mixture of bungalows, houses, and chalet bungalows. It is thought that the two roads were originally envisaged to be linked together by a loop at the northern end. Most of the houses were built prior to the Second World War and it is likely that this northern part of the site was not developed due to the interruption of the Second World War, and also after the Second World War by the lack of building materials. 2.5 Toot Hill is located 2.3 miles (4 km) south-west of Chipping Ongar and 3.5 miles (6 km) east of Epping. The nature of the settlement is that is mostly linear along Epping Road, School Road, and Toot Hill Road. The village is part of the Stanford Rivers Parish, which also encompasses the villages of Little End, Clatterford End, and Stanford Rivers. The Parish has a population 817. 2.6 The residents of Toot Hill village have access to a range of services and facilities including a bus service, a thriving village hall with many clubs and societies, a pub and a golf club. Any concerns about the village being relatively remote should be outweighed by the drastic shortage of housing land to meet a five years’ housing supply 6 and the precedent of the various similar planning permissions for small scale housing schemes granted locally within the last 5 years. 3.0 The Planning History 3.1 This section sets out the planning history of the site. It also looks at other application over the last three years, where planning permission has been granted for infill development within the village. 1) EPF/1766/12 End House 8 Hill Crest Road Stanford Rivers Ongar Essex CM5 9SH 3.2 This application proposed the removal of an existing garage and carport, and erection of new single and two storey side extensions, veranda and decking. It included permission for a sun lounge on the northern side of the dwelling, measuring 5.7 metres by 3.5 metres. The approved plan 2) EPF/0368/13 - End House 8 Hill Crest Road Stanford Rivers Ongar Essex CM5 9SH 3.3 A Proposed cart shed and store was granted permission on 17th April 2013. 7 The approved plan 3) EPF/1046/17 Land off Cumley Road Toot Hill Stanford Rivers Ongar Essex CM5 9SH. 3.4 An application for the construction of two new dwellings was refused Planning Permission on 6th June 2017, on the grounds of inappropriate development in the Green Belt, inadequate provision for the retention of existing landscape features, and loss of outlook for adjoining occupiers. The application proposed two dwellings accessed from Cumley Road, lining up with the side boundary to Willow’s End. 8 3.5 It is also relevant to look at some of the recent planning permissions for infill plots in the village. These are:- 1) EPF/2936/14 Land adjacent to Longacre Cottage School Road Stanford Rivers Ongar Essex CM5 9PU 3.6 Outline planning application for proposed new 4 bed dwelling with some matters reserved. Approved 8th April 2015. The plot was described as clearly lying within the south east part of the Toot Hill village envelope, and accordingly accepted as meeting the requirements of Para 89 of the NPPF and hence an appropriate development. Land adjacent to Longacre Cottage. 2) EPF/2207/15 Mill Place Mill Lane Toot Hill Essex CM5 9SF 3.7 Sub-division of plot and erection of a three-bedroomed bungalow with new access off Mill Lane. Approved 26 November 2015. The officer’s report explained that although located in the Green Belt “this is an infill plot within a village envelope and consequently 9 a new dwelling is considered acceptable. For this reason, and those outlined above, it is recommended that planning permission be granted”. 3) EPF/1780/16 Land to south side of Steers Farm School Road Toot Hill Ongar Essex CM5 9SD 3.8 Proposed new infill detached 4 bedroom house with detached carport. Approved 13th October 2016. This site fronts onto School Road. It has Steers Farm to the north, and open land to the south and east. Site adjacent to Steers Farm 3.9 The southern boundary was described in a report as follows:- “A large detached dwelling house with a detached garage within substantial grounds defines the common boundary to the south.” 4) EPF/3350/17 Land Between Doe's Farm and 60 Epping Road Epping Road Stanford Rivers Ongar Essex CM5 9SQ 3.10 This site is the subject of a current planning application, proposing the erection of two detached dwellings, associated garages and landscaping. 10 Land subject of current application, close to the appeal site. The informal view of planning officers is that it does form a small infill plot. 3.11 The supporting information includes a copy of pre-application advice. With regard to the principle of development it reads:- “Whilst the built up enclave of Toot Hill is somewhat limited in terms of services and may not be defined as a ‘village’ in the strictest terms there have been a number of appeal decisions with regards to such infills, which have included one at Rosedale, Hornbeam Lane, Sewardstonebury (Ref: EPF/0288/13).