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Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY Tel 01277 312500

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Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY Tel 01277 312500 Epping Forest District Council Sent by email: DBaker@ eppingforestdc.gov.uk Date: 24 April 2018 Our reference: 18/00374/OBS, 18/00374/OBS & 18/00435/OBS Your reference: EPF/0323/18, EPF/0324/18 & EPF/0325/18 For the attention of David Baker Dear David Construction of high welfare dairy cow housing at Albyns Farm, Albyns Lane Essex Thank you for the notifications concerning the above. Although the development appears to be one overall development, the applicant has chosen to submit the applications as four ‘phases’. Due to the position of the common boundary between our two authorities this has resulted in a total of six applications - three submitted to each authority. With regard to phases 2 and 3 (EPF/0324/18 & EPF/0325/18) I attach an extract of my currently unpublished report (section two and onwards) concerning the three applications partly or completely with our borough. As you know I consider that the development subject to these applications is acceptable, subject to four conditions. Being part of the overall development I also have no objections relating to phase 1 (EPF/0323/18) and suggest the same conditions are applied. Although we have not consulted others on your applications we did consult on the three applications we have and there is a precis of comments received in the draft report. The full text of comments received on each application are available on our website at the following link: http://publicaccess.brentwood.gov.uk/online- applications/search.do?action=simple . As you know we operate a system where ward members have an opportunity to call delegated applications to committee once notified of a recommendation and this opportunity will expire at midday on Friday 4 May. I understand that you will hold your applications in abeyance until then so they can be issued the same day and the applicants agreement for an extension of time reflects this. I trust that this information is of assistance to you. Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk Yours sincerely Mike Ovenden Consultant Principal Planner [email protected] APPENDIX: EXTRACT OF DRAFT REPORT 2.0 SUMMARY OF CONSULTATION RESPONSES Detailed below is a summary of the consultation responses, if any received. The full version of each consultation response can be viewed on the Council’s website via Public Access at the following link: http://publicaccess.brentwood.gov.uk/online- applications/ • Historic Buildings and Conservation Officer - I have no adverse comments. • Environment Agency- We have inspected the application as submitted and have no objection. We have provided guidance to the applicant in regards to pollution control that should be followed.(see informative below). • Epping Forest District Council – No formal comments received. (Officer note: Discussions have taken place with the case officer from EFDC and it is understood that both authorities have a similar view of the proposals and any permissions would have the same conditions applied. • Environmental Health & Enforcement Manager- Our comments are as follows: 1. Any existing buildings on site should be assessed for asbestos containing materials prior to demolition. Any asbestos containing materials must be removed in full consultation with the Health & Safety Executive. 2. Where the site is adjacent to residential or business premises, heavy plant, noisy equipment or operations and deliveries, should not take place outside the hours of; Monday - Friday.........................8.00 - 18.00 Saturday.....................................8.00 - 13.00. No noisy activities on Sundays or Bank Holidays. Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk 3. Where the site is adjacent to residential or business premises, bonfires should be avoided, and all waste materials should be removed from site and suitably disposed of. At no time should any material that is likely to produce dark/black smoke be burnt (e.g. Plastics, rubber, treated wood, bitumen etc.) • Food Safety Team – none received • Highway Authority- The documents submitted with this application have been carefully considered. It is clear that the application forms part of a phased development which, in its entirety, implicates a Public Right of Way (Footpath 10 – Stapleford Abbotts, and Footpath 53 – Navestock). The applicant’s attention is therefore drawn to the Informative at the bottom of this recommendation which advises that the footpath is protected by the Highways Act 1980 and must be maintained free and unobstructed at all times. It should be noted that the applicant has confirmed that they intend to pursue the diversion of the footpath if planning permission is granted for this proposal. Therefore, from a highway and transportation perspective, the impact of the proposal is acceptable to the Highway Authority as it is not contrary to Development Management policies. • Ramblers (18/00183/FUL & 18/00185/FUL) – Object until a satisfactory diversion order has been agreed • UK Power Networks (18/00185/FUL) – provide guidance (to be included as informative on decision notice) • National Grid - none received • Arboriculturalist - none received • Parish Council - none received 3.0 SUMMARY OF NEIGHBOUR COMMENTS This application has been advertised by way of individual neighbour notification letters, press advert and public site notice which has been displayed nearby. Detailed below is a summary of the neighbour comments, if any received. The full version of each neighbour response can be viewed on the Council’s website via Public Access at the following link: http://publicaccess.brentwood.gov.uk/online-applications/ • None received Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk 4.0 POLICY CONTEXT National Planning Policy Framework (NPPF) National Planning Policy Guidance (NPPG) Policy CP1 General Development Criteria Policy GB1 New development Policy GB2 Development criteria Policy GB14 Agricultural buildings Policy T2 New Development and Highway Considerations 5.0 ASSESSMENT The starting point for determining a planning application is the development plan, in this case the Brentwood Replacement Local Plan 2005. Planning legislation states that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Relevant material considerations for determining this application are the National Planning Policy Framework 2012 (NPPF) and National Planning Practice Guidance 2014 (NPPG). Although individual policies in the Local Plan should not be read in isolation, the plan contains policies of particular relevance to this proposal which are listed in section 4 above. This is one of a total of six planning applications submitted to Epping Forrest District and Brentwood Borough Councils. Effectively the development is for one cattle building, with concrete hardstanding and landscaping, although the applicant has split it into four parts. Those parts that straddle the common boundary of the two Councils are subject to two applications. Epping Forrest Brentwood reference reference Phase 1 EPF/0323/18 - Phase 2 EPF/0324/18 18/00184/FUL Phase 3 EPF/0325/18 18/00185/FUL Phase 4 - 18/00183/FUL The applicant has provided a design and access statement, a planning statement and an agricultural justification statement which explain and set out to justify the proposal. It is proposed to comment on the content of both documents only where necessary. The planning statement indicates that the reason for the development is to enhance the conditions for the cattle on the holding (housed in older buildings which would be less intensively stocked) and there would be a rise from 500 to 600 cattle on the holding. Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk The issues relevant to each application are almost identical – the difference is that for phases 3 and 4 (18/00185/FUL and 18/00183/FUL) the public footpath passes through the site. The alignment shown on the definitive maps differs from that shown in the application. The former shows the line to be slightly to the west of the position indicated in the application – approximately on the boundary between phases 3 and 4 - the latter indicates the route to be contained within phase 3. There is no material effect of this discrepancy as it is understood that it would be carried out as one overall scheme. In support of this view the design and access statement refers to the proposal "to build an identical building" and "the proposed cubical building" of 46.7m by 78.2m. Form of development Each phase would measure 46.748 m x 19.653m. There is a change in levels over the site and the overall building would be slightly set above the ground south-north and slightly into the ground west – east. Overall the cut and fill balances out. There is no expectation of fill being brought in or removed from the site. The side elevation takes the form of two pitched roofs spanning 19.345 and 27.402 respectively with slightly different eaves and ridge heights - 3.994m eaves and 7.462 m ridge for the smaller southern section and 4.362 eaves and 7.775 for the larger northern section. The overall form and proportions of the building is similar to that of the relatively recent building (approved by Epping Forest District Council in April 2018 – reference EPF/0229/13) to the west of the proposal. At the time of the case officer's site visit the operation of the occupied 'recent buildings' was observed. The recent building allows cows to move freely around the building and this is the model to be followed with the proposed building. Greenbelt The site is in the greenbelt where policies GB1, GB2, and GB14 are relevant. A significant material consideration is the NPPF, particularly chapter nine concerning the greenbelt. Policy GB1 largely concerns whether a given development proposal is acceptable in principle in the greenbelt.
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