Planning Statement

PLANNING STATEMENT

Residential scheme comprising 5 no. residential dwellings with associated off-street parking, garden space and external landscaping.

Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

On Behalf of Landvest Developments Limited

May 2017 Our Ref: C17013

250 Avenue West, Skyline 120 Great Notley, Braintree Essex, CM77 7AA

01376 329059 [email protected] www.phase2planning.co.uk

Contents Page

Executive Summary

1. Introduction 5 2 The Site and Surroundings 9 3 Planning History 10 4 The Proposals 12 5 Relevant Planning Policies 17 6 Consideration of the Main Planning Issues 26 7 Conclusion 41

Executive Summary and Conclusion

This proposal is for an infill development which seeks to secure the residential development of 5 no. residential units on underutilised brownfield land and will provide 40% starter homes on site. The starter homes will be sold at a 20% discount to first time buyers and capped in line with the Governments recommendations.

The presumption in favour of a grant of planning permission applies in this case for a variety of reasons:

a) The inadequacy of the 5 year supply; b) ‘Absent’ provision in Saved Local Plan policies for provision of housing post 2011; c) out-of-date policies; and d) The NPPF requirement that housing applications should be considered in the context of the presumption in favour of sustainable development.

Only one of the above needs to be demonstrated for the proposal to be determined in accordance with paragraph 14 of the NPPF for the presumption in favour of development to apply. The effect of applying the presumption is that the planning balance shifts in favour of the grant of consent.

The exercise of paragraph 14 of the NPPF requires the decision maker to grant planning permission, unless, having undertaken a balancing exercise there are (a) adverse impacts and (b) such impacts would ‘significantly and demonstrably’ outweigh the benefits of the proposal. The applicant has undertaken this assessment below and concludes that the benefits of the proposal clearly outweigh any disadvantages and therefore the proposal is sustainable development and should be granted permission accordingly.

The Application Site is located within the Green Belt however, site is former garden land and is therefore previously developed land in accordance with the High Court judgment in Dartford Borough Council v Secretary of State for Communities & Local Government (CO/4129/2015) which determined that the wording of the exemption to previously developed land, within the NPPF was significant. It reads “land in built-up areas such as: private residential gardens”. As such, the Deputy Judge found that only residential gardens within the “built-up area” were exempt from the definition of previously developed land whereas, residential gardens outside “built up areas” were “brownfield”. Therefore the site is previously developed land and should be the priority for development.

The proposal includes 40% starter homes and the Governments National Planning Policy Guidance states that where applications for Starter Homes come forward on such exception sites, they should be approved unless the local planning authority can demonstrate that there are overriding conflicts with the National Planning Policy Framework that cannot be mitigated.

The Governments Planning White Papers which sets the direction of travel of Government policy seeks to allow more brownfield land to be released for development by allowing development on brownfield land in the Green Belt, but only where it contributes to the delivery of starter homes and

Page 2 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

there is no substantial harm to the openness of the Green Belt. The evidence submitted in this application demonstrates that the proposal will not result in substantial harm.

In addition:

a) The site is infilling the gap between Murrels Farm residential development, Millrite Mews and the residential units at the Woodman Public House. It would result in limited harm to the Green Belt as a consequence.

b) There are no views of openness across the site, the site is screened behind existing trees and hedgerows and the proposal includes strengthening these landscape boundaries, the site will therefore be contained and screened as set out in the Landscape Visual Impact Assessment. The proposed houses to the rear of the site are on lower ground and cannot be seen in the street scene whilst the two to the front complete the building line between the pub and the housing cul-de-sac to the west.

c) Providing a new housing development in terms of size and location which will enhance and maintain the vitality of its and nearby rural communities including through increased access and provision to the village’s existing services and facilities assisting in safeguarding their future, as required by the NPPF (paragraph 55).

d) The site is screened behind existing trees and hedgerows and will therefore be contained and screened as set out in the Landscape Visual Impact Assessment.

e) The proposal cannot be tested against a fully up-to-date Local Plan.

f) The development plan system in Epping has failed to make adequate housing provision despite the warning of the Saving Letter from the Secretary of State some 7 years ago.

g) The emerging draft Local Development Plan has far to go before its adoption after making an uncertain start.

h) The Council will require many more homes than those with planning permission to provide a 5 year housing land supply.

i) The proposal meets with The Three Dimensions of Sustainable Development as set out in paragraph 7 of the Framework.

j) The proposals, furthermore, provide a positive use for the site which will contribute to housing supply in a district which has a significant need for new homes and no opportunity to increase supply in the short-term other than through beneficial windfalls such as the application site. The Council does not have a five year land supply and has failed to identify and then meet the full, objectively assessed needs for market and affordable housing in the housing market area. Epping Forest will need to boost supply in the near future and that this will inevitably require new homes in the Green Belt. It therefore follows that paragraph 49 of the NPPF applies which seeks: “Housing

Page 3 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate as five-year supply of deliverable housing sites”;

k) There is harm to the Green Belt by definition but there is limited additional harm;

l) The proposals positively enhance the Green Belt through the introduction of new landscaping to enhance visual amenity; and

m) The planning system according to the NPPF should be looking favourably on proposals for sustainable development, and to leave this well-connected and unutilised site and develop other more prominent Green Belt land ahead of it, when it can positively contribute to sustainable development both through the economic activity of construction itself and through the fact that 5 homes here means 5 less on the Green Belt elsewhere, fails to embrace the spirit of sustainable development.

For all of the above reasons the proposal is considered to be consistent with the NPPF and the Governments direction of travel for policy that is contained in the Planning White Paper currently out for consultation.

However should the council come to the view the proposal represents inappropriate development in the Green Belt the applicants case is that the above circumstances comes together and combine to provide “very special circumstances” specific to this site and this proposal. It is considered that the limited harm to the Green Belt is clearly outweighed by these other considerations, and that therefore the test of paragraph 88 of the NPPF is met and planning permission should be granted for this proposal.

Page 4 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

1 Introduction

Background

1.1 This statement is prepared by Phase 2 Planning and Development Ltd on behalf of Landvest Developments Limited, hereafter referred to as “The Applicant”, in support of a full planning application for the erection of 5 no. dwellings (2 x detached dwellings and a terrace of 3 dwellings) on land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF (hereafter referred to as the Application Site).

1.2 The Application Site comprises a broadly oblong shaped area of land laid to grass with established mature trees and hedging on the northern, eastern and western boundaries. The site lies on the south eastern side of London Road (A113). The description of the development is as follows:

“Residential infill scheme comprising 5 no. residential dwellings (40% starter homes) with associated off-street parking, garden space and external landscaping”

Purpose and Structure of this Report

1.3 The purpose of this report is to draw together the key planning issues in the consideration of this proposal and outline how the scheme responds to the constraints of the site and the policy guidelines.

1.4 Within section 2.0 of this Statement we will describe the site and surroundings. Section 3.0 will examine the planning history of relevance to this application. Section 4.0 describes the proposals. In section 5.0 we review relevant planning policy applicable to the proposals. In section 6.0 we explore the planning issues of this application. Finally, a conclusion is provided in section 7.0.

Planning Application Documents

1.5 The architectural plans that comprise this application have been prepared by DAP Architecture Ltd and are as set out below:

Drawing Ref

As proposed scheme design plan 715.100.01 Proposed street scene and site section 715.101.01 As proposed house type 715.102. 00 Location/block plan Table 1: List of submitted plans

Page 5 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

1.6 In addition to the above plans and planning application forms, a number of documents have been prepared in support of the proposal. These comprise the following:

1. This Planning Statement – Phase 2 Planning; 2. Topographical survey – TH Wright; 3. Arboricultural Impact Assessment –; and 4. Contamination Survey.

Page 6 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

2 The Site and Surroundings

2.1 The Application Site is located on the south eastern side of London Road (A113) and is known as land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF. The site was part of the gardens to the original residential house next to the former Millrite Engineering works that has now been developed for housing as four dwellings. The site has been used since for storage and contains some storage containers, skips and a general builder’s yard from that development.

2.2 The site comprises an area of open land located between the Woodman Public House, a grade II listed building which is predominantly two storey with a two storey outbuilding abutting the boundary, and a relatively recently completed residential development of four dwellings at Millrite Mews. Open countryside lies to the rear of the site and on the opposite side of London Road. A small group of close knit houses forming White Bear Mews are located immediately to the east of Millrite Mews. These clusters of buildings represent the extent of built development in the vicinity of the appeal site with open countryside beyond.

2.3 The Application Site measures 0.14 hectares and comprises a broadly oblong shaped area of land laid to grass and bound by established vegetation on the northern, eastern and western boundaries. The application site is located within the Metropolitan Green Belt.

Figure 1: Site location.

Page 7 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

3 Planning History

3.1 The application site has the following planning history of relevance:

 EPF/2737/15 Detached dwelling. Refuse Permission 22-12-2015. Appeal Dismissed 06-06-2016;

 EPF/1008/11 Redevelopment of site to provide 4 detached chalet bungalows and garages. Grant Permission (With Conditions) Subject to Section 106 agreement 21- 11-2011;

 EPF/2400/09 Scheme 1: Replacement of existing 2 storey dwelling and redevelopment of remainder of site to provide 3 additional 2 storey dwellings and associated garaging and amenity space (giving a total of 4 new houses). Refuse Permission 15-04-2010. Appeal  dismissed;

 EPF/2399/09 Scheme 2: Replacement of existing 2 storey dwelling and redevelopment of remainder of site to provide 3 additional 2 storey dwellings and associated garaging and amenity space (giving a total of 4 new houses). Refuse Permission 15-04-2010. Appeal dismissed; and

 EPF/0713/09 Retaining store/forge to front and converting to two bedroom single storey unit, retaining spray and bending building and conversion to a two bedroom bungalow, retaining two, two storey workshops and office building and converting to a four bedroom house. Grant Permission (With Conditions) Subject to Legal Agreement 07-07-2009.

Planning History in the surrounding area

3.2 Close to the site lying to the north-west is the residential development of four dwellings at Millrite Mews, which were granted planning permission under EPF/1008/11 and further to the east beyond that is the residential development of White Bear Mews which was granted permission under EPF/0613/01 for Change of use of public house to 2 dwelling units, demolition of rear glazed passage and 2 ancillary outbuildings, and formation of first floor wing above existing flat roofed toilet block.

3.3 The national policy landscape has altered since the determination of previous applications near to this site. The National Planning Policy Framework (NPPF) was not previously in existence. The NPPF places the “presumption in favour of sustainable development” at the heart of the planning system, and in cases such as this, where a local planning authority has an out of date local plan, does not have a five year land supply and the proposals include residential development, such proposals should be considered to benefit from the presumption in favour of sustainable development.

Page 8 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

4 The Proposals

4.1 This planning application seeks full planning permission for the erection of 5 no. dwellings houses (2 x detached dwellings and a terrace of 3 dwellings).

4.2 The description of the development is as follows:

“Residential infill scheme comprising 5 no. residential dwellings (40% starter homes) with associated off-street parking, garden space and external landscaping.”

4.3 The drawings comprising this submission are set out in paragraph 1.5. The proposals are considered below under the follow headings:

Amount of Development

4.4 The amount of development is summarised under the following headings:

Quantum of Dwellings

4.5 The proposal seeks to provide 5 houses of a total of 76 sq. m each. The design proposed will make the most efficient use of previously developed land without compromising local character and meeting other minimum policy expectations. The proposal will not therefore result in harm and it is therefore an acceptable density.

4.6 The proposal comprises the following as set out in Table 2:

Tenure Dwelling Type Number

Market 2 Bed 3 Person 5 House Total 5 Table 2: Dwelling Mix

Internal Space Sizes

4.7 From 1st October 2015 the National Housing Standards came into operation and the proposal meets the new nationally prescribed Internal Space Standards.

4.8 The dwelling sizes comprises as set out in Table 3 below:

Dwelling Type Dwelling Size National space Built-in (GIA) standard storage 2 Bed 3 Person House x 5 76 sq. m 70 sq. m 2.0 sq. m Table 3: Internal Space Size

Page 9 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

4.9 The Local Plan identifies a requirement for minimum private amenity space standards (as detailed in the Essex Design Guide). The proposed amenity space for each plot exceeds the required standard. The submitted scheme comprises as set out in Table 4 below:

Dwelling Type Provision Policy Min. Requirement Plot 1 88 sq. m 50 sq. m Plot 2 87 sq. m 50 sq. m Plot 3 123 sq. m 50 sq. m Plot 4 112 sq. m 50 sq. m Plot 5 150 sq. m 50 sq. m Table 4: Private Amenity Space Size

Parking Provision

4.10 Parking provision is detailed below in Table 5:

Dwelling Type Parking Provision Policy Min. Requirement 2 Bed House 10 2 spaces per dwelling Total 10 10 Table 5: Parking Provision

4.11 The proposed parking provision accords with the Council’s adopted standards. The site is considered to be in a sustainable location, close to the villages of Stanford Rivers, Stapleford Tawney and Marden Ash with their schools, doctors, dentists, shops and other facilities, and on a bus route.

Cycle Parking Provision

4.12 Cycle parking provision is made in accordance with the Local Plan minimum standards as set out in Table 6 below:

Dwelling Type Cycle Parking Policy Min. Provision Requirement 2 Bed Townhouse 1 1 secure covered space per dwelling. None if garage or secure area is provided within curtilage of dwelling Total 5 5 Minimum Table 6: Cycle Parking Provision

Page 10 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

Layout

4.13 The development takes the form of 2 detached dwellings located at either side of the access with 1 x row of 3 terraced dwellings set towards the rear of the site, see figure 2 below.

4.14 The proposed layout for the residential development has taken an organic approach and has evolved with an important consideration of the context within which it is set. This is evidenced by the proposed layout which makes efficient use of the site area and provides well-spaced and articulated plots reflecting a character of development seen in the locality

Figure 2: Proposed site layout plan

Scale

4.15 The proposal is for 5 no. 2 storey houses of a height and scale consistent with the adjoining dwellings. However the site is set on land that falls away from the main road and therefore the houses will be much lower in appearance.

Appearance

4.16 The appearance of the proposed development will be compatible with the character of the existing buildings within the surroundings.

4.17 The materials proposed reference the traditional palette in the locality and include a combination of compatible local examples of facing brickwork, render and windows which

Page 11 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

will break the built form and reduce prominence. These materials will be high quality and low maintenance ensuring a high quality finish at all times.

4.18 The proposed appearance of the development will make a significant and positive contribution to the street scene.

Access

4.19 A new access is proposed in the centre of the plot directly off London Road with a size 3 turning head enabling vehicles to exit from the site in forward gear. Refuse will be collected from the site as part of the existing arrangements serving the existing neighbouring dwellings.

Landscaping

4.20 The proposals include a high quality scheme of hard and soft landscaping within the site. The landscaping will provide a positive contribution to this part of the site, the planting scheme is integral to the overall design and will enhance the appearance of the area. The proposals include high quality hard and soft landscaping within the site. This comprises of private and open spaces and hard landscaped linked areas.

4.21 The boundaries of the site have been carefully considered given the site’s location, for this reason existing mature boundary vegetation around the perimeter of the site will be maintained and enhanced by the applicant’s proposals in order to further soften the appearance of the development and maintain site concealment in wider views. This design philosophy ensures that the development will be well enclosed minimising its impact on the local area and landscape to a more than acceptable level.

Garden Provision

4.22 Each new dwelling will have well in excess of 50 square metres (sqm) of rear private garden amenity space. These areas will be well enclosed to the rear by the existing mature boundary vegetation around the perimeter of the site, this will be maintained and strengthened by the applicant’s proposals ensuring that the proposal will not adversely impact on landscape character. A 1.8m high close boarded timber fencing will be utilised to adequately separate the plots.

Page 12 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

5 Relevant Planning Policies

Introduction to Planning Policy Review

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that, if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts, the determination must be made in accordance with the plan, unless material considerations indicate otherwise, such a Government Policy or emerging Local Policy.

5.2 Government planning policy is set out in the National Planning Policy Framework (2012). The NPPF stresses the importance of up-to-date Local Plans in decision making. The presumption in favour of sustainable development makes clear that where the development plan is absent, silent or out of date, permission should be granted unless the adverse impacts of development would significantly and demonstrably outweigh the benefits, or specific policies in the NPPF indicate otherwise.

5.3 The statutory development plan for this area comprises the Epping Forest Adopted Combined Local Plan 1998 and Alterations 2006 Policy Document (2006). However, the Policies within this document are now substantially out of date (particularly in terms of its policies relating to housing provision). Epping Forest District Council is currently working on the preparation of a new Local Plan, however this emerging plan is not yet at an advanced stage where it is given any weight in the decision-making process.

5.4 In terms of assessing the relevant planning policies applicable to the application site, this chapter covers the following:

 National Planning Policy (the 2012 NPPF) – relevant both because it sets out the Government’s overall approach to decision-taking, and because the adopted Local Plan is substantially out of date; and  The Epping Forest Adopted Combined Local Plan 1998 and Alterations 2006 Policy Document (2006) – although substantially out of date, this document forms the principal component of the adopted Local Plan.

The weight to be applied to the Local Plan

5.5 The Epping Forest District Local Plan was originally adopted in 1998. A partial alteration was undertaken and adopted in 2006. Annex 1 of the National Planning Policy Framework (NPPF) provides details on the weight that can be attached to policies adopted prior to the NPPF.

5.6 Paragraph 214 of the NPPF provides that for a period of 12 months from the day it was published (i.e. until March 2013), “decision-takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with this Framework”.

Page 13 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

5.7 Paragraph 215 goes on to state that, “in other cases and following this 12 month period, due weight should be given to relevant policies and existing plans according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)”.

5.8 A Plan ‘adopted since 2004’, as set out by paragraph 214 of the NPPF, relates to plans adopted in accordance with the Planning & Compulsory Purchase Act 2004. Whilst the Local Plan was partially altered in 2006, it was not produced, and adopted, in accordance with the 2004 Act.

5.9 The Council published a draft issues and options version of its new Local Plan in July 2012. It identifies, in accordance with paragraph 47 of the NPPF, objectively assessed housing need to require the identification of land for the delivery of between 320 and 510 homes a year (up to 2033). However, the adopted Local Plan only makes provision for the development for 160 dwellings per annum which is significantly below this level of need.

5.10 Further, the 2006 Local Plan also seeks to identify housing land, to meet the District’s needs, up to 2011. Given this end date, and the fact that the Plan’s allocations are well below ‘objectively assessed housing need’, it falls well short of providing, as is required by paragraph 47 of the NPPF, “a supply of specific deliverable sites sufficient to provide five years’ worth of housing…” when assessed against housing need.

Emerging Local Plan

5.11 Paragraph 216 of the NPPF also notes that weight may be given to emerging policies, depending upon the stage of plan preparation and degree of consistency with the NPPF, but in this instance the Council do not seek to rely on any emerging policies. This is because the Council has not made swift progress in terms of bringing forward a new plan to replace the 1998 and 2006 Local Plans. In July 2012, the Council published an Issues and Options Consultation Draft (the “Community Choices” draft) which looked in broad terms at the likely scale of development need across the District in the future, and options for accommodating it. Since then, however, the only significant decision made by the Council was in July 2013 when it agreed a new timetable for its emerging Local Plan, which is as follows:

 Consultation on Preferred Options – May 2014-September 2014;  Pre-Submission Consultation – April 2015-May 2015;  Submission – October 2015;  Examination – January 2016; and  Adoption – Mid 2016.

5.12 Even if the above timetable is met, the Council is not proposing to bring forward a new Local Plan until well after 4 years from the date of the NPPF coming in to force. This delay substantially affects the ability of the Council to meet housing needs in the interim.

Page 14 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

Green Belt Policy

5.13 Green Belt policy as set out in the NPPF provides that “inappropriate development” is by definition harmful to the openness of the Green Belt, and should not be permitted except in “very special circumstances”. However, in certain respects, the NPPF does in fact introduce elements of greater flexibility when compared to the old Green Belt policy under PPG2 and the adopted Local Plan.

5.14 Paragraph 88 of the NPPF provides further clarification on the ‘very special circumstances’ principle highlighting that ‘When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.’

5.15 However, paragraph 89 of the NPPF identifies what is appropriate development in the Green Belt and this includes:

“limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development.”

5.16 This proposal falls under paragraph 89 of the NPPF as set out within section 6 of this statement.

Housing Policy

5.17 The Council’s existing policy on housing provision is Policy H1A. This states that because the Essex Structure Plan target of 2,400 homes between 1996 and 2011 (160 per annum) had been met, no further provision for housing is made (our emphasis added).

5.18 The 2001 Essex Structure Plan upon which this policy was based was superseded by the East of England Plan in May 2008, but because the Council never updated its Local Plan pursuant to the East of England Plan, Policy H1A was never updated. The 2008 East of England Plan required 3,500 homes for Epping Forest (in addition to Epping Forest contributing to the growth of Harlow), at a rate of 175 per annum. The East of England Plan was formally revoked in January 2013.

5.19 The Development Plan policy on housing provision is therefore wholly out of date. It is based on the level of housing in an old Structure Plan that was superseded 5 years ago, and, indeed, is so far out of date that even the document that superseded it has itself been superseded by the NPPF.

Page 15 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

5.20 A central requirement of the NPPF is that it encourages Local Planning Authorities to “boost significantly the supply of housing” (paragraph 47). It goes on to state that one of ways of achieving this is to ensure that their Local Plan “meets the full, objectively assessed needs for market and affordable housing in the housing market area”. Paragraph 47 also requires Local Planning Authorities to “identify and update annually a supply of specific deliverable sites sufficient to provide five years’ worth of housing against their housing requirements” and to include “an additional buffer of 5%” or “increase the buffer to 20%” where there has been a persistent under delivery of housing.

5.21 Epping Forest cannot demonstrate a five year land supply to reflect the Council’s “objectively assessed needs”. This has been endorsed by the Inspector determining a recent appeal1 within the District which confirms that the Council does not have a five year land supply.

5.22 The DCLG Official Population Projects are a robust figure for the purposes of identifying “objectively assessed needs” in the absence of an up to date Local Plan. This approach is endorsed by the Hunston Properties2 and Gallagher Homes3 cases, which identify that if there is not a fully up-to-date Local Plan then the housing requirement figure should be the ‘policy off’ for full objectively assessed need. ‘Policy off’ is a reference to not reducing “objectively assessed needs” by reason of environmental or other policy constraints. This is a process for the Local Plan review.

5.23 In September 2015, the Council’s Strategic Housing Market Assessment (SHMA) (Produced jointly with Uttlesford, East Herts and Harlow) confirmed that Epping need to deliver 514 new dwellings (11,300 over 22-year period – 2011 to 2033) per year up to 2033.

5.24 Because the Council will not be in a position to deliver new allocations until 2017 at the earliest (and because it has made no new allocations for housing since 1998), and because there will still be a time lag before new allocations in 2017 can be converted in to planning permissions and then housing on the ground, Epping Forest is moving in to a period of chronic housing shortage.

5.25 Consequently, the Council is required to determine proposals for housing in accordance with paragraph 14 of the NPPF presumption in favour of sustainable development. The exercise of paragraph 14 requires a balance of the benefits of the proposal against any alleged adverse impacts. This exercise is undertaken within section 6 of this statement.

National Planning Policy Framework (2012) (General)

5.26 The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England and how these should be applied.

1 48 Church Lane, Loughton, Essex. IG10 1PD APP/J1535/A/14/2217549 2 Hunston Properties Limited v. (1) Secretary of State for Communities and Local Government and (2) St Albans City and District Council [2013] EWHC 2678 (Admin). 3 Gallagher Homes Ltd & Another v Solihull Metropolitan Borough Council [2014] EWHC 1283 (Admin) (30 April 2014)

Page 16 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

The Presumption in Favour of Sustainable Development

5.27 Paragraph 14 explains that at the heart of the NPPF is the “presumption in favour of sustainable development”, described as a golden thread running through Plan-making and Decision-taking.

5.28 In respect of Plan-making, paragraph 14 notes that local planning authorities should positively seek opportunities to meet the development needs of their area.

5.29 In respect of decision taking, paragraph 14 states that planning permission should be granted where a development plan is absent, silent or out of date, and in the context of this application, the adopted Local Plan is significantly out of date, particularly in respect of its provisions for housing development, which only related to the period up to 2011, and the policies for which have not been saved. The presumption in favour of sustainable development to which paragraph 14 applies specifically excludes development within certain designated areas, none of which apply in this instance.

Protecting Green Belt land

5.30 The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open with the essential characteristics of Green Belts being their openness and their permanence.

5.31 The NPPF at paragraph 87 states that ‘With previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances’. Paragraph 88 adds that ‘When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.’

5.32 However, paragraph 89 of the NPPF identifies what is appropriate development in the Green Belt and this includes:

5.33 This proposal falls under paragraph 88 of the NPPF as set out within section 6 of this statement.

Delivering a wide choice of high quality homes

5.34 A key objective of the NPPF is set out at paragraph 47, and is to “boost significantly the

Page 17 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

supply of land for housing.”

5.35 Paragraph 49 notes that applications for housing development should be considered in the context of the presumption in favour of sustainable development i.e. where they accord with the Development Plan (or the Plan is out of date) they should be approved without delay (unless material considerations indicate otherwise).

5.36 In light of the foregoing, the applicant’s proposals will provide needed housing in a sustainable location that meets the relevant NPPF tests the proposals benefit from the presumption in favour of sustainable development in paragraphs 14 and 49.

Requiring good design

5.37 Turning to design, Paragraph 56 confirms that the Government attaches great importance to good design. Paragraph 57 refers to the need to plan positively for the achievement of high quality and inclusive design for wider area development schemes.

5.38 Paragraph 58 identifies that planning decisions should aim to ensure that development, among other things:

 Optimises the potential of the site to accommodate development;  Incorporate green and other public spaces as part of developments; and  Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation.

5.39 Paragraph 60 states that planning policies should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated forms or styles. It is however proper to seek to promote or reinforce local distinctiveness.

5.40 The applicant’s proposals positively achieve high quality and inclusive design as part of the wider development site.

Conserving and enhancing the natural environment

5.41 Paragraphs 109-125 are clear that pursuing sustainable development includes moving from a net loss of biodiversity to achieving net gains for nature, and that a core principle for planning is that it should contribute to conserving and enhancing the natural environment and reducing pollution.

Conserving and enhancing the historic environment

5.42 Paragraph 128 and 129 of the NPPF requires the significance of a heritage asset to be taken into account when considering the impact of a proposal. The application site is not within a Conservation Area or within close proximity to any listed buildings.

Page 18 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

5.43 Paragraph 133 deals with substantial harm to, or total loss of significance of, a designated heritage asset. Paragraph 134, on the other hand, deals with less than substantial harm and notes that any such harm should be weighed against the public benefits of the proposal.

Ensuring viability and deliverability

5.44 The Government has recognised the impact of viability on delivery of development and places great emphasis on ensuring development is viable. Paragraph 173 of the NPPF is clear that that “careful attention [must be paid] to viability and costs in…. decision-taking.”

5.45 It states as follows:

“Pursuing sustainable development requires careful attention to viability and costs in plan- making and decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.”

Decision Taking

5.46 Paragraphs 186 and 187 are generally relevant to the determination of planning applications, stating that local planning authorities should approach decision-taking in a positive way and should look for solutions rather than problems, approving applications for sustainable development where possible.

Local Plan Saved Policies (2006)

5.47 The NPPF (Paragraph 214 and 215) requires local plans to be consistent with the policies contained within the Framework. A number of the existing Local Plan policies are non- compliant with the NPPF, and therefore are policies that, although technically still extant and forming part of the Development Plan, should not be attributed significant weight due to their non-compliance with the NPPF.

5.48 A summary of the most relevant key adopted Local Plan Policies, and their relevance to the proposals the subject of this application, is contained in Table 2 below.

Summary of Existing Policies (2006) Relevant Provisions within Planning Application

Policy GB2A (Development in the Very special circumstances exist to justify this Green Belt) seeks to protect the development in the Green Belt. See section 6 of

Page 19 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

Green Belt from inappropriate this planning statement for further consideration. development. Policy H5A (Provision for Affordable In accordance with the Ministerial Statement, the Housing) seeks an appropriate scheme is less than 10 dwellings and therefore is number and type of affordable not subject to this requirement homes in new housing developments. Policy DBE1 (Design of New The new dwellings will be designed accordingly Buildings) seeks to ensure new with reference to the Essex Design Guide. buildings are of an appropriate size, scale, design and appearance reflecting that of the local street scene. Policy DBE2 (Effect on Neighbouring The development complies with this requirement Properties) seeks to ensure new with the scheme designed accordingly to minimise development does not have a any impacts on local amenity to negligible levels. detrimental impact on existing neighbouring or surrounding properties in either amenity of functional terms. Policy DBE4 (Design in the Green The new dwellings have been designed Belt) seeks new buildings to be accordingly with reference to the Essex Design sympathetic to their setting and Guide. reflect traditional plan, form and detailing. Policy DBE6 (Car Parking in New The proposed layout of the scheme has been Development) seeks car parking designed accordingly and is in accordance with associated with new residential the Council’s Adopted Parking Standards. development to be conveniently situated and adequately lit as well as ensuring parked cars do not visually dominate the street scene. Policy DBE8 (Private Amenity Space) The proposed scheme has been designed seeks new residential development to accordingly and is in accordance with the relevant provide adequate garden provision requirements of the Essex Design Guide in respect which is fit for its intended purpose. of garden amenity space provision. Policy DBE9 (Loss of Amenity) seeks The development complies with this requirement to ensure new development does not with the scheme designed accordingly to minimise result in an excessive loss of amenity any impacts on local amenity to negligible levels. for neighbouring properties as a result of visual impact, overlooking, loss of daylight/sunlight and noise or other disturbance. Policy LL10 (Adequacy of Provision The proposed scheme seeks to retain as many for Landscape Retention) seeks to existing trees and other existing landscape

Page 20 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

ensure the protection/retention of features as possible and no mature specimens are existing trees and other landscape likely to be required to be removed to facilitate features. this development. Policy ST1 (Location of Development) The application site is in an accessible location seeks new development to be located adjacent to London Road (A113) which is the main in places that encourage walking, vehicular route through to Chipping Ongar. This cycling, and the use of public roads network includes adequate public transport transport. provision to serve the development. Given the site’s edge of settlement location there are also significant opportunities to encourage walking and cycling throughout the local area. Policy ST2 (Accessibility of The proposed scheme complies with this policy by Development) seeks to ensure new providing the necessary supporting infrastructure development is designed to provide to ensure such requirements will be achieved. safe, pleasant and convenient access for pedestrians and cyclists.

HC12 Development affecting the The proposed scheme is set an acceptable setting of Listed Buildings distance from the adjacent listed building and the size, scale, design and detailing of the proposed dwellings would not be intrusive to the setting. Policy ST6 (Vehicle Parking) seeks The development will provide off-street parking new developments to provide off- provision in accordance with the Council’s street parking in accordance with the Adopted Parking Standards (2009). Council’s Adopted Standards. Table 2: Assessment of most relevant Saved Local Plan Policies.

5.49 The Council has also adopted the following relevant supplementary policy guidance:

 Parking Standards Design and Good Practice (2009); and  Designing Out Crime (2002).

5.50 The Council has also adopted the Essex Design Guide (EDG) as design guidance. The EDG sets out a range of criteria to guide the layout and design of the development. The principal and most relevant criteria to this application are as follows:

 Sustainability – development should be located in proximity to public transport access and facilities. It should be laid out in such a way as to encourage walking and cycling;  Proximity – preferably no part of a residential development should be more than 400m from a regular bus route and it should be close to facilities, shops, employment and schools;  Pedestrian scale – should be provided by enclosing space with buildings;  House design – should perform a role according to position in layout and follow local building forms and use local vernacular materials; and

Page 21 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

 Guidance provided on daylight, sunlight, privacy and amenity space.

Page 22 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

6 Consideration of the Main Planning Issues

6.1 This section considers the following key planning issues, which are considered to be pertinent to the proposals:

(a) Land Use/Principle of Development; (b) Design; (c) Compliance with Other Planning Policy Requirements, including: - Highways and Transportation - Flood Risk - Landscape and Trees - Ecology - Planning Obligations; and (d) The Planning Balance.

(a) Land Use/Principle of Development

6.2 The starting point in this application is that the proposal cannot be tested against a fully up- to-date Local Plan. The development plan system in Epping has failed to make adequate housing provision despite the warning of the Saving Letter from the Secretary of State some 7 years ago. The emerging draft Local Development Plan has far to go before its adoption after making an uncertain start. The Council will require many more homes than those with planning permission to provide a 5 year housing land supply. In fact the Council’s Strategic Housing Market Assessment (SHMA) (Produced jointly with Uttlesford, East Herts and Harlow) has recently confirmed (September 2015) that Epping need to deliver 514 new dwellings (11,300 over 22-year period – 2011 to 2033) per year up to 2033.

6.3 The presumption in favour of a grant of planning permission applies in this case for a variety of reasons:

e) The inadequacy of the 5 year supply; f) ‘Absent’ provision in Saved Local Plan policies for provision of housing post 2011; g) out-of-date policies; and h) The NPPF requirement that housing applications should be considered in the context of the presumption in favour of sustainable development.

6.4 Only one of the above needs to be demonstrated for the proposal to be determined in accordance with paragraph 14 of the NPPF for the presumption in favour of development to apply. The effect of applying the presumption is that the planning balance shifts in favour of the grant of consent.

6.5 The exercise of paragraph 14 of the NPPF requires the decision maker to grant planning permission, unless, having undertaken a balancing exercise there are (a) adverse impacts and (b) such impacts would ‘significantly and demonstrably’ outweigh the benefits of the

Page 23 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

proposal. The applicant has undertaken this assessment below and concludes that the benefits of the proposal clearly outweigh any disadvantages and therefore the proposal is sustainable development and should be granted permission accordingly.

Housing Policies

6.6 Epping Forest District Council’s Adopted Proposals Map (1998) for the District (map 1) confirms that the application site is located outside of any settlement boundary. Therefore Epping’s current Local Plan does not establish a principle for development such as that proposed.

6.7 Although the proposed residential development is situated outside of the settlement boundaries, it is located in a sustainable location where good access to the amenities, services and facilities of nearby villages are afforded. Given the site’s location future occupants of the proposed residential development will also be able to gain safe and convenient access to the village increasing its sustainability potential. The proposal is therefore considered to be sustainable development.

6.8 Another important consideration in this regard is Epping Forest’s current housing supply position and the applicant considers that they cannot currently demonstrate a 5-year supply of deliverable housing as required by the NPPF. The proposals can also not be tested against a fully up-to-date Local Plan with little sign that an emerging Local Plan will be adopted imminently. Consequently, the Council is required to determine proposals for housing in accordance with paragraph 14 of the NPPF presumption in favour of sustainable development. The exercise of paragraph 14 requires a balance of the benefits of the proposal against any alleged adverse impacts.

6.9 For these reasons and those set in detail earlier within this planning statement it is clear that the benefits of the proposal significantly and demonstrably outweigh any alleged adverse impacts and as such, permission should be granted without delay in accordance with the NPPF. The principle of development is therefore accepted.

Metropolitan Green Belt

6.10 The entire application site is located within the Metropolitan Green Belt as defined by Epping Forest’s Adopted Combined Local Plan 1998 and Alterations 2006 Policy Document (2006).

6.11 Given that Epping Forest’s existing Local Plan is somewhat out-of-date the NPPF takes precedent on this matter. Paragraph 87 of the NPPF states that ‘As with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.’ The NPPF defines the construction of new buildings as inappropriate in Green Belt.

6.12 However, paragraph 89 of the NPPF identifies what is appropriate development in the

Page 24 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

Green Belt and this includes:

6.13 The Application Site is located within the Green Belt however, site is former garden land and is therefore previously developed land in accordance with the High Court judgment in Dartford Borough Council v Secretary of State for Communities & Local Government (CO/4129/2015) which determined that the wording of the exemption to previously developed land, within the NPPF was significant. It reads “land in built-up areas such as: private residential gardens” (underlining added). As such, the Deputy Judge found that only residential gardens within the “built-up area” were exempt from the definition of previously developed land whereas, residential gardens outside “built up areas” were “brownfield”. Therefore the site is previously developed land and should be the priority for development.

6.14 The applicant site is therefore Previously Developed Land by definition the NPPF and paragraph 89 recognises that this proposal, which represents limited infilling between two existing residential developments on PDL, is not inappropriate development. Therefore residential development on this site represents limited harm to the Green Belt because of its contained nature as part of a wider developed commercial complex.

6.15 The proposal includes 40% starter homes and the Governments National Planning Policy Guidance states that where applications for Starter Homes come forward on such exception sites, they should be approved unless the local planning authority can demonstrate that there are overriding conflicts with the National Planning Policy Framework that cannot be mitigated.

6.16 Further, the Governments Planning White Papers which sets the direction of travel of Government policy seeks to allow more brownfield land to be released for development by allowing development on brownfield land in the Green Belt, but only where it contributes to the delivery of starter homes and there is no substantial harm to the openness of the Green Belt. The evidence submitted in this application demonstrates that the proposal will not result in substantial harm.

6.17 The proposal is therefore appropriate development in the Green Belt. However, should the Council come to the view that the proposal is, by definition, ‘inappropriate development’ in the Green Belt whereby paragraph 88 of the NPPF applies and requires ‘Very special circumstances’ to justify the proposals the Applicant submits that there are ‘very special circumstances’ that outweigh the identified potential harm to the Green Belt by reason of inappropriateness, and any other harm.

6.18 The test of “very special circumstances”, and the consideration of harm to the openness of the Green Belt, is assessed in two parts (see paragraph 88 of the NPPF). For “very special

Page 25 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

circumstances” to exist, the decision maker has to consider firstly the harm to the Green Belt by reason of inappropriateness (otherwise known as the ‘definitional’ harm), and secondly any other harm to the Green Belt, and consider whether both of these are clearly outweighed by other considerations. I consider these two aspects of ‘harm’ below.

‘Definitional’ harm by reason of inappropriateness

6.19 As noted in paragraph 87 of the NPPF, new development in the Green Belt is by definition harmful to the Green Belt. This is because the essential characteristic of Green Belts is their openness (paragraph 79 of the NPPF), and buildings in the Green Belt by definition reduce openness.

Other ‘harm’ and other considerations

6.20 In terms of other harm to the Green Belt, the applicant has undertaken an assessment of the impact on (a) the purpose of including land within it, (b) the openness of the Green Belt and (c) any other harm.

Purpose of Green Belt

6.21 Paragraph 80 of the NPPF identifies the five purposes of including land in the Green Belt. The impact of the proposal against these purposes is considered in summary below:

 To check the unrestricted sprawl of large built-up areas – the containment of the site and its context limits the extent to which the proposed development will be visible from outside the site. However although the development will increase the developed footprint in the locality the proposals will not significantly contribute to the sprawl of the built up area given its size, surroundings including existing sporadic historic development to the north and east, the level of site containment afforded and the significant distance to neighbouring settlements in the Green Belt;

 To prevent neighbouring towns from merging into one another – as above. As such, there would be no threat of the proposal encouraging a merger of towns/villages;

 To assist in safeguarding the countryside from encroachment – again, given the location of this site and its immediate context the site is well contained which will be strengthened by new landscaping as part of the proposal. Therefore although the proposal will include some encroachment into the area designated as ‘countryside’ it relates to a small parcel of land well-related and well-connected to the neighbouring development. The character of the site is clearly distinct from the open countryside and does not currently play a role in safeguarding the countryside from encroachment;

 To preserve the setting and special character of historic towns – the site itself does not directly contribute to the setting or special character of historic towns and is not adjacent to any Village Conservation Area. For this reason there will be no impact on the

Page 26 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

setting and special character of the historic town; and

 To assist in urban regeneration, by encouraging the recycling of derelict and other urban land – the site does not constitute derelict or other urban land.

6.22 The foregoing demonstrates that the impact of his housing proposal on the purposes of including land in the Green Belt will be limited.

Openness and permanence of Green Belt

6.23 Openness and permanence are very subjective measures of planning judgement but are likely to include a comparison of proposed built footprint and visual impact compared with existing conditions. The test outlined by the NPPF at paragraph 89 to apply is that the proposed development should not have a greater impact than the existing use.

6.24 The site is located between the edge of Stanford Rivers village to the north and more sporadic forms of development to the north along London Road (A113). In terms of new floorspace the proposal will establish up to 380 sqm (4,090 square feet) of new floorspace on an existing undeveloped well contained grassland site separated/divided from the wider countryside.

6.25 The application proposals include a compact arrangement of built form and the impact of the proposal will be further reduced by a detailed scheme of soft landscaping which will enhance the visual amenity and sense of openness within and surrounding the site. Further, the site is set within well-defined boundaries, is well contained and there are few visual receptors. The proposal seeks to improve the visual amenity of the site through presentation of a high quality scheme of architecture within a soft landscaped setting further limiting its impact on the openness and permanence of the Green Belt.

6.26 The proposed housing layout will present an enhanced soft boundary to London Road (A113) which will have a positive impact on the character and visual amenities of the site and street scene from views within local area and further minimising the residential development’s impact and presence.

6.27 Therefore the site’s location, surrounding context, the proposed design and layout of the enabling housing development and detailed scheme of landscaping will limit any impacts of the proposal on the openness and permanence of the Green Belt

Other harm to the Green Belt

6.28 It has been established that the proposed development is by definition, inappropriate development in the Green Belt in line with the NPPF. The proposed enabling residential development will have limited impacts on the openness and permanence of the Green Belt as well as limited impact on the purposes of including land within the Green Belt for the reasons set out in the foregoing paragraphs.

Page 27 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

6.29 Because the site proposed for housing is enclosed and concealed behind established and mature boundary screening the development will be well contained and not in a prominent location or readily visible from many viewpoints. It is therefore submitted that in terms of harm to the Green Belt, no other harm arises over and above the definitional harm.

6.30 The only ‘other harm’ to the Green Belt that could be alleged in this instance is the associated intensification of use of the site relating to the residential development. However, the applicant’s supporting planning application documentation illustrates that there will be a minimal increase in vehicle movements in the vicinity associated with the new houses and this will not adversely impact on the existing infrastructure. The proposal will equally not result in harm to the landscape, protected trees, ecology, surface water and recreation. Further, the site is located in a semi-urban/rural location and sits between the main village to the south and Abridge and important commuter/highways routes to the north therefore a certain level of activity already exists in this location which will not be adversely affected by the applicant’s enabling housing proposal.

6.31 Therefore, whilst the proposed enabling residential development is defined as inappropriate development in the Green Belt, it is only definitional harm that would occur. The applicant has therefore gone on to consider if definitional harm, would be outweighed by other considerations, so as to amount to the ‘very special circumstances’ that justify the development.

“Very Special Circumstances”

6.32 The test of “very special circumstances” requires the bringing together of the definitional harm and any other harm, and the weighing of that harm against other considerations. In the case of this proposal it is considered that there are significant benefits to the local community resulting from this development.

6.33 The “very special circumstances” that justify this proposal are as set out below:

a) The Application Site is located within the Green Belt however, site is former garden land and is therefore previously developed land in accordance with the High Court judgment in Dartford Borough Council v Secretary of State for Communities & Local Government (CO/4129/2015) which determined that the wording of the exemption to previously developed land, within the NPPF was significant. It reads “land in built-up areas such as: private residential gardens” (underlining added). As such, the Deputy Judge found that only residential gardens within the “built-up area” were exempt from the definition of previously developed land whereas, residential gardens outside “built up areas” were “brownfield”. Therefore the site is previously developed land and should be the priority for development.

b) The proposal includes 40% starter homes and the Governments National Planning Policy Guidance states that where applications for Starter Homes come forward on such

Page 28 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

exception sites, they should be approved unless the local planning authority can demonstrate that there are overriding conflicts with the National Planning Policy Framework that cannot be mitigated.

c) The Governments Planning White Papers which sets the direction of travel of Government policy seeks to allow more brownfield land to be released for development by allowing development on brownfield land in the Green Belt, but only where it contributes to the delivery of starter homes and there is no substantial harm to the openness of the Green Belt. The evidence submitted in this application demonstrates that the proposal will not result in substantial harm.

6.34 In addition:

d) The site is infilling the gap between Murrels Farm residential development, Millrite Mews and the residential units at the Woodman Public House. It would result in limited harm to the Green Belt as a consequence.

e) Providing the village with sustainable new housing development in terms of size and location which will enhance and maintain the vitality of its and nearby rural communities including through increased access and provision to the village’s existing services and facilities assisting in safeguarding their future, as required by the NPPF (paragraph 55);

f) There are no views of openness across the site, the site is screened behind existing trees and hedgerows and the proposal includes strengthening these landscape boundaries, the site will therefore be contained and screened as set out in the Landscape Visual Impact Assessment. The proposed houses to the rear of the site are on lower ground and cannot be seen in the street scene whilst the two to the front complete the building line between the pub and the housing cul-de-sac to the west;

g) In addition to point c) the site has been historically been used as a builders yard for several years strengthening its position as previously developed land;

h) The proposal cannot be tested against a fully up-to-date Local Plan;

i) The development plan system in Epping has failed to make adequate housing provision despite the warning of the Saving Letter from the Secretary of State some 7 years ago;

j) The emerging draft Local Development Plan has far to go before its adoption after making an uncertain start;

k) The Council will require many more homes than those with planning permission to provide a 5 year housing land supply;

l) The proposal meets with The Three Dimensions of Sustainable Development as set out in paragraph 7 of the Framework;

Page 29 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

m) The proposals, furthermore, provide a positive use for the site which will contribute to housing supply in a district which has a significant need for new homes and no opportunity to increase supply in the short-term other than through beneficial windfalls such as the application site. The Council does not have a five year land supply and has failed to identify and then meet the full, objectively assessed needs for market and affordable housing in the housing market area. Epping Forest will need to boost supply in the near future and that this will inevitably require new homes in the Green Belt. It therefore follows that paragraph 49 of the NPPF applies which seeks: “Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate as five-year supply of deliverable housing sites”;

n) There is harm to the Green Belt by definition but there is limited additional harm;

o) The proposals positively enhance the Green Belt through the introduction of new landscaping to enhance visual amenity; and

p) The planning system according to the NPPF should be looking favourably on proposals for sustainable development, and to leave this well-connected and unutilised site and develop other more prominent Green Belt land ahead of it, when it can positively contribute to sustainable development both through the economic activity of construction itself and through the fact that 36 homes here means 36 less on the Green Belt elsewhere, fails to embrace the spirit of sustainable development.

6.35 For all of the above reasons, which together combine to provide “very special circumstances” specific to this site and this proposal, it is considered that the limited harm to the Green Belt is clearly outweighed by these other considerations, and that therefore the test of paragraph 88 of the NPPF is met.

(b) Design

6.36 In terms of design policy, good design is central to the objectives of national and local planning policy. Policy DBE1: Design of New Buildings and DBE4: Design in the Green Belt as well as the Essex Design Guide (EDG) as design guidance provides guidance on the quality and design of developments and specifies a number of criteria aimed at achieving good design.

6.37 The design of the proposals presents a considered layout, scale, architectural style and material palate which will substantially enhance the character of the locality and a design that is high quality.

Page 30 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

6.38 The proposal will result in sympathetic new buildings that reflect traditional plan, form and detailing representing an enhancement to the character of the area through well considered high quality design. The proposals therefore satisfy policies DBE1, DBE2 and HC12 of the development plan in this regard.

Highways and Transportation

6.39 We consider the proposals under the following headings:

Accessibility/Sustainability

6.40 The site benefits from a good level of accessibility, borne out by its access to a wide range of destinations by public transport (bus, cycle and walking) conforming to local and national planning policies.

Access and Highway Impact

6.41 The proposals for the residential development will result in a new access arrangement which has been deemed as acceptable in highway terms by the highways consultants.

6.42 The proposed development will have a minimal and acceptable impact on and relationship to the existing highway network with any residual impacts of the development not being severe.

Car-Parking

6.43 The Council has adopted the Essex County Council Parking Standards: Design and Good Practice (2009) which are expressed as minimum standards and seeks 2 spaces per every 2+ bedroom dwelling alongside 0.25 spaces per dwelling for visitors.

6.44 The applicant’s proposals will be in conformity with these standards with parking integrated within building plots and associated garages.

Cycle-Parking

6.45 Cycle parking will be provided in accordance with the Council’s adopted Standards 2009).

Refuse

6.46 Refuse servicing is proposed within the site and vehicle tracking illustrates these vehicles can access the entire site and enter and leave the site in forward gear.

Flood Risk and Drainage

Page 31 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

6.47 Following detailed assessment of the site the FERA concludes that the site is not considered to be liable to significant or unmanageable flooding from the sources identified in the Flood and Water Management Act 2010 (FWMA).

Surface Water Drainage

6.48 Surface water runoff from the residential development will be discharged via infiltration with a limited discharge to the highway drain/Thames Water adopted surface water sewer network (subject to their confirmation). Runoff rates will be restricted to the 1 in 1 annual probability greenfield rate.

6.49 Proposed on-site attenuation and infiltration facilities will be sized to manage the 1 in 100 year storm including 30% climate change which is acceptable for a site of these size/topography.

Foul Water Drainage

6.50 The foul drainage network will be designed to accommodate the estimated flows for the proposed development of 5 dwellings.

Landscape and Arboriculture

Trees

6.51 An Aboricultural Impact Assessment has been prepared and submitted in support of this planning application. The assessment identifies that all trees and landscape features that are to remain as part of the development should suffer no structural damage subject to a suitable method statement and tree protection plan for the site being produced and implemented during construction.

6.52 The proposed development will be implemented in accordance with these recommendations subject to the approval of the Council’s Tree Officer through the planning application process.

Landscape Assessment

6.53 The principle landscape issues which are addressed in this submission relate to the treatment of public road frontages and management of vegetated boundaries to surrounding streets, treatment of the proposed open space along the London Road edge of the site, individual plot frontage landscape treatments within the interior of the development, management of tree cover and the treatment of the roadway corridors through and alongside the site.

6.54 This landscape strategy has informed the current design of the proposals and the applicant intends implement the high quality landscape strategy in full.

Page 32 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

Ecology

6.55 Any potential adverse impacts from the proposed development upon specific protected species/habitats/designated sites will likely be able to be mitigated in line with relevant wildlife legislation and planning policy.

6.56 With appropriate on site mitigation and well planned, targeted enhancements, a minor positive change in the biodiversity could be achieved, in line with chapter 11: Conserving and Enhancing the Natural Environment, of the NPPF (DfCLG, 2012).

6.57 The applicant intends to implement the development in accordance with the recommendations of this survey.

6.58 The applicant is agreeable to such additional survey being secured by condition.

(d) The Planning Balance

6.59 The presumption in favour of a grant of planning permission applies in this case for a variety of reasons. The proposal should therefore be determined in accordance with paragraph 14 of the NPPF. The effect of applying the presumption is that the planning balance shifts in favour of the grant of consent.

6.60 The exercise of paragraph 14 of the NPPF requires the decision maker to grant planning permission, unless, having undertaken a balancing exercise there are (a) adverse impacts and (b) such impacts would ‘significantly and demonstrably’ outweigh the benefits of the proposal.

6.61 The NPPF directs that permission should still be granted unless the adverse impacts would ‘significantly and demonstrably’ outweigh the benefits of the proposal. The Inspector determining the Droitwich Spa4 appeal noted that ‘the harm must be of sufficient gravity to significantly and demonstrably outweigh the benefits. The reason for that significant shift in the planning balance is that it is a key policy objective of the NPPF under paragraph 47 to ensure that a 5 year supply of housing land is in place and that old plans with outdated constraints are not deployed to frustrate development.’

6.62 Starting with the benefits of the proposal it is clear that this scheme will deliver such significant benefits as detailed earlier within this planning statement. Secondly, there is a 5 year housing land supply requirement, which needs to be met. The Council cannot demonstrate a 5 year housing land supply. The Council is therefore moving in to a period of chronic housing shortage.

4 APPEAL BY BARBERRY DROITWICH LIMITED, SITE AT LAND AT PULLEY LANE, NEWLAND ROAD AND PRIMSLAND WAY, DROITWICH SPA, (WYCHAVON DC), APPLICATION REF: W/11/01073/OU – PINS Ref: APP/H1840/A/13/2199426

Page 33 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

6.63 Thirdly, there is ‘absent’ provision in Saved Local Plan policies for provision of housing post 2011, out-of-date policies and the emerging draft Local Plan has far to go before its adoption after making an uncertain start. The Council is therefore moving in to a period of chronic housing shortage and will require proactive and responsive action to meet its obligation to ‘boost significantly the supply of housing’ and encourage economic growth.

6.64 Fourthly, housing applications should be considered in the context of the presumption in favour of sustainable development in accordance with paragraph 49 of the NPPF.

6.65 Fifthly, jobs would be created by the proposed development making a contribution to the economic dimension of sustainable development. Government Guidance in Laying the Foundations and the Honeybourne5 decision both acknowledge the direct and indirect employment flowing from housing construction.

6.66 Sixthly, the development would make a positive contribution to the social dimension of sustainable development, particularly through the provision of new homes to address the significant 5 year housing land supply shortfall and the major refurbishment of the existing Chigwell Primary Academy to the benefit of the local community.

6.67 Seventhly, the site lies between two urban village areas and it is therefore considered that residential use would be a suitable land use in keeping with the character of its neighbours and making optimum use of this underused site in a highly sustainable location. The development of the site will reduce the pressure on the need for further Green Belt release in less appropriate locations to meet the district’s outstanding and continuing housing requirement performing an environmental role by resulting in more sustainable patterns of travel.

6.68 The extent that harm has been identified as detailed earlier within this planning statement highlights that such harm would be limited. Such harm is predominately focussed on the impact to the Green Belt by reason of inappropriateness. The applicant’s compelling evidence demonstrates that the proposals will not result in such harm and will be sympathetic, limiting any impacts through design and mitigation. Therefore any harm is certainly not of a degree of significance so as to outweigh the clear benefits in relation to sustainable development, which the proposals would provide. Therefore in accordance with paragraph 14 of the NPPF, the decision maker should grant planning permission.

5 Appeal by Lioncourt Homes (Honeybourne) LLP, against the decision of Wychavon District Council, application Ref W/11/02531/OU. Appeal Ref: APP/H1840/A/12/2171339

Page 34 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

7 Conclusion

7.1 The applicant’s proposals represent a sustainable and compliant residential development that will deliver much needed housing within a District that requires delivery of a significant number of new homes to meet its five year housing land supply in the absence of a Local Plan directing such growth.

7.2 This proposal is for an infill development which seeks to secure the residential development of 5 no. residential units on underutilised brownfield land and will provide 40% starter homes on site. The starter homes will be sold at a 20% discount to first time buyers and caped in line with the Governments recommendations.

7.3 The presumption in favour of a grant of planning permission applies in this case for a variety of reasons:

i) The inadequacy of the 5 year supply; j) ‘Absent’ provision in Saved Local Plan policies for provision of housing post 2011; k) out-of-date policies; and l) The NPPF requirement that housing applications should be considered in the context of the presumption in favour of sustainable development.

7.4 Only one of the above needs to be demonstrated for the proposal to be determined in accordance with paragraph 14 of the NPPF for the presumption in favour of development to apply. The effect of applying the presumption is that the planning balance shifts in favour of the grant of consent.

7.5 The exercise of paragraph 14 of the NPPF requires the decision maker to grant planning permission, unless, having undertaken a balancing exercise there are (a) adverse impacts and (b) such impacts would ‘significantly and demonstrably’ outweigh the benefits of the proposal. The applicant has undertaken this assessment below and concludes that the benefits of the proposal clearly outweigh any disadvantages and therefore the proposal is sustainable development and should be granted permission accordingly.

7.6 The Application Site is located within the Green Belt however, site is former garden land and is therefore previously developed land in accordance with the High Court judgment in Dartford Borough Council v Secretary of State for Communities & Local Government (CO/4129/2015) which determined that the wording of the exemption to previously developed land, within the NPPF was significant. It reads “land in built-up areas such as: private residential gardens” (underlining added). As such, the Deputy Judge found that only residential gardens within the “built-up area” were exempt from the definition of previously developed land whereas, residential gardens outside “built up areas” were “brownfield”. Therefore the site is previously developed land and should be the priority for development.

7.7 The proposal includes 40% starter homes and the Governments National Planning Policy

Page 35 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

Guidance states that where applications for Starter Homes come forward on such exception sites, they should be approved unless the local planning authority can demonstrate that there are overriding conflicts with the National Planning Policy Framework that cannot be mitigated.

7.8 The Governments Planning White Papers which sets the direction of travel of Government policy seeks to allow more brownfield land to be released for development by allowing development on brownfield land in the Green Belt, but only where it contributes to the delivery of starter homes and there is no substantial harm to the openness of the Green Belt. The evidence submitted in this application demonstrates that the proposal will not result in substantial harm.

7.9 In addition:

d) The site is screened behind existing trees and hedgerows and will therefore be contained and screened as set out in the Landscape Visual Impact Assessment.

e) The proposal cannot be tested against a fully up-to-date Local Plan.

f) The development plan system in Epping has failed to make adequate housing provision despite the warning of the Saving Letter from the Secretary of State some 7 years ago.

g) The emerging draft Local Development Plan has far to go before its adoption after making an uncertain start.

h) The Council will require many more homes than those with planning permission to provide a 5 year housing land supply.

Page 36 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

i) The proposal meets with The Three Dimensions of Sustainable Development as set out in paragraph 7 of the Framework.

k) There is harm to the Green Belt by definition but there is limited additional harm;

l) The proposals positively enhance the Green Belt through the introduction of new landscaping to enhance visual amenity; and

7.10 For all of the above reasons the proposal is considered to be consistent with the NPPF and the Governments direction of travel for policy that is contained in the Planning White Paper currently out for consultation.

7.11 However should the council come to the view the proposal represents inappropriate development in the Green Belt the applicants case is that the above circumstances comes together and combine to provide “very special circumstances” specific to this site and this proposal. It is considered that the limited harm to the Green Belt is clearly outweighed by these other considerations, and that therefore the test of paragraph 88 of the NPPF is met and planning permission should be granted for this proposal.

7.12 The proposed development also demonstrates compliance with the Council’s relevant standards where appropriate at this planning stage.

Page 37 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF

7.13 The proposals therefore accord with the Development Plan and will contribute to meeting the Council’s chronic shortfall in the supply of housing land. Therefore, in accordance the NPPF, the development should be granted permission without delay.

7.14 For the foregoing reasons and for the entirety of the reasons set out within this planning statement the applicant respectfully commends this application to the local planning authority and requests that permission be granted.

Page 38 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF