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 With regard to phases 2 and 3 (EPF/0324/18 & EPF/0325/18) I attach an extract of my currently unpublished report (section two and onwards) concerning the three applications partly or completely with our borough.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. Policy GB2 relates to the effect of development that is acceptable in principle. GB14 specifically relates to agricultural buildings in the greenbelt. Policy GB14 does not address the principle of agricultural buildings in the greenbelt, in recognition that the requirement and necessary location for buildings will be determined by the functional need of the agricultural business. Such buildings necessitate a location on a holding which is normally in a rural area which in this Borough's case is almost entirely greenbelt. The NPPF clearly states that the construction of new building for agriculture is ‘not inappropriate’ in the greenbelt but has little more to say specifically about this form of development. On that basis the proposal complies with policy GB1 as this form of development is appropriate to the greenbelt. Policy GB14 recognises that modern agricultural buildings are designed with regard to utility, function and economics. The applicant makes a similar comment relating to this

Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk proposal in the planning statement. It is not normally appropriate to apply the type of aesthetics and design considerations generally applicable to other developments. However this policy and GB2, refers to the need for siting, general design matters and materials to be appropriate.

The proposed building would be linked to but slightly offset from the line of the recent building for functional reasons (see sections 4, 5, 7 and 8 of the agricultural justification) and to allow the retention of an established hedgerow. The proposal would therefore be seen in the context of the adjacent and other buildings rather than as an isolated structure. The proposed building would have a roof clad with cement fibre sheeting with a natural grey colour to match existing buildings and provide a ‘rural, non reflective surface’. A planting scheme has been development and its implementation can be achieved by condition (condition 3). The recent building is visible from the M25 (approximately 570m away), from Albyns Lane (250 metres) and from the footpath running through the application site. Much the same would be said of the proposal, although the re-routed footpath would run further away from the site if permitted. The existing building is not harmful in the landscape and the proposed building would be perceived in a similar way. Taken together the siting, design, materials and proposed planting would result in an acceptable form of development. General design and amenity issues

Policy CP1 is relevant to the application and it is supportive of development proposals provided they protect the character and appearance of the surrounding area, protect the amenities of neighbours, are of a high standard of design and have satisfactory access and parking and can be accommodated by local highway infrastructure. The character of the surrounding area largely stems from its rural greenbelt location and the impact of the proposal on the area is assessed above. With regard to residential amenity, there are dwellings in the locality although they are some distance away. It is not considered that the existence or use of the building would have a material effect on the amenity of occupants. The comments of the Environmental health team are noted including the three suggested conditions concerning the process of construction. However in this case there is no building to be removed and no residential properties close by. Consequently the three conditions are not necessary. The proposal raises no issues regarding parking and highways matters are also considered with regard to Policy T2 below. Highway issues The highways authority notes that the overall proposal requires the rerouting of the existing footpath and points out that there is a separate procedure for achieving this. The comments of the Ramblers in this regard are noted but as other legislation exists to deal with this matter it would not be appropriate to hold this application in abeyance until that separate procedure is carried out - and planning permission does not give the

Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk developer the right to block or reroute the path. An informative is to be added to the decision notice. The applicant does not predict a material increase in traffic visiting the site and no other highway issues are raised. It is considered that the proposal complies with Policy T2.

Heritage issues No heritage issues are considered to arise relating to this borough. Other matters Permitted development rights allow larger agricultural holding to erect specified developments without planning permission. For buildings amongst other things this allows buildings up to 465sqm. One of the conditions is to require such buildings to be removed and the land restored if the use of the buildings ceases in the short term. It is considered illogical for permitted development rights (a national planning permission) for buildings up to 465 sqm to be subject to this requirement and not place a similar requirement on larger buildings which exceed permitted development size restrictions. This building would total 3861 sqm in total. To address this a planning condition is proposed to impose a similar condition as exists in permitted development rights (condition 4) Cross boundary application The two Councils have worked together to achieve a common understanding of the proposals and a common recommendation, including a common set of planning conditions. The applications are due to be determined under delegated powers and issued on the same date. The applicant will therefore receive a consistent set of planning permissions.

6.0 RECOMMENDATION

1 TIM01 Standard Time - Full The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2 DRA01A Development in accordance with drawings The development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) listed above and specifications.

Reason: To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt.

Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk 3 Hard and soft landscaping shall be implemented as shown on Planting Scheme, drawing number ‘Albyns Farm_Planting_001.dwg’ dated January 2018 unless the Local Planning Authority gives its prior written approval to any alterations. The landscaping scheme shall be implemented during the first planting following substantial completion of the building(s) or other period as previously agreed in writing by the local planning authority. If any plant dies, becomes diseased or fails to thrive within a period of 5 years from the date of planting, or is removed, uprooted or destroyed, it must be replaced by another plant of the same kind and size and at the same place, unless the Local Planning Authority agrees to a variation beforehand in writing.

Reason: To comply with the duties indicated in Section 197 of the Town & Country Planning Act 1990 so as to ensure a satisfactory appearance to the development

4 If the building hereby approved ceases to be used for agriculture within 10 years from the date on which it was substantially completed, and planning permission has not been granted, or has not been deemed to be granted under Part 3 of the Act, for its use for a purpose other than agriculture within a period of 3 years following cessation of agricultural use, then the building must be removed from the land and the land must, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

Reason: To protect the rural character of the area and the openness of the Green Belt.

Informative(s)

1 Reason for approval: The proposal would accord with the relevant policies of the development plan as set out below. The Council has had regard to the concerns expressed in the representation but the matters raised are not sufficient to justify the refusal of permission. 2 INF04 Amendments to approved scheme The permitted development must be carried out in accordance with the approved drawings and specification. If you wish to amend your proposal you will need formal permission from the Council. The method of obtaining permission depends on the nature of the amendment and you are advised to refer to the Council’s web site or take professional advice before making your application. 3 INF05 Policies The following development plan policies contained in the Brentwood Replacement Local Plan 2005 are relevant to this decision: the National Planning Policy Framework 2012 and NPPG 2014. 4 INF21 Approved Without Amendment The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and

Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

5 Highway Informatives • The Public Right of Way network is protected by the Highways Act 1980. Any unauthorised interference with any route noted on the Definitive Map of PROW is considered to be a breach of this legislation. The public’s rights and ease of passage over public footpath no 10 (Stapleford Abbotts parish) and public footpath 53 (Navestock parish) shall be maintained free and unobstructed at all times to ensure the continued safe passage of the public on the definitive right of way. • The grant of planning permission does not automatically allow development to commence. In the event of works affecting the highway, none shall be permitted to commence until such time as they have been fully agreed with this Authority. In the interests of highway user safety this may involve the applicant requesting a temporary closure of the definitive route using powers included in the aforementioned Act. All costs associated with this shall be borne by the applicant and any damage caused to the route shall be rectified by the applicant within the timescale of the closure. • Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway. • All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works. • The applicants should be advised to contact the Development Management Team by email at [email protected] or by post to: SMO3 - Essex Highways, Unit 36, Childerditch Industrial Park, Childerditch Hall Drive, Brentwood, Essex CM13 3HD.

6 Environment Agency informatives:

Pollution Control

The proposed development must fully comply with the terms of The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (SSAFO) Regulations 2010 and as amended 2013. Environmental good practice advice is available in The Code of Good Agricultural Practice (COGAP) for the protection of water, soil and air (produced by DEFRA). The applicant is advised to review the existing on-farm slurry and manure storage and ensure compliance with the SSAFO Regulations.

Any agricultural development that will result in an increase in cattle numbers or water usage may adversely impact the storage of waste waters, slurry and other polluting matter. The applicant is advised to review the existing on-farm slurry and manure storage and ensure compliance with the SSAFO Regulations. You must inform the Environment Agency, verbally (Tel: 03708 506 506) or in writing, of a new, reconstructed or enlarged Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk slurry store, silage clamp or fuel stores at least 14 days before starting any construction work. The notification must include the type of structure, the proposed design and construction, and once an agreed proposal has been constructed we will ask you to send us a completed WQE3 notification form before you start using the facility.

7 UK Power Networks Informative

UK Power Networks – Further to Notice of Planned Building Work sent to us, please note the following guidance on UK Power Networks overhead lines.

High voltage overhead cables exists on the site area that you are intending to commence work on and may present a serious risk to life if approached or contacted. It is important that all proposed works should comply with the requirements of Health & Safety Executive Document GS6 "Avoidance of danger from overhead electric lines".

For your information Health & Safety Documents are available from Her Majesty's Stationery Office and local offices of the HSE.

It may be necessary for the above to be diverted to enable your works to proceed.

Documents: All background documents including application forms, drawings and other supporting documentation relating to this application can be viewed online: www.brentwood.gov.uk/planning

Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312500 www.brentwood.gov.uk