Part 2 (Items for Information)

THE FOLLOWING ITEMS ARE INCLUDED ON THE AGENDA FOR INFORMATION PURPOSES. SHOULD A MEMBER HAVE ANY COMMENTS/QUESTIONS REGARDING ISSUES RAISED BY THE REPORT WOULD THEY PLEASE CONTACT THE APPROPRIATE OFFICER WHOSE NAME AND EXTENSION IS INDICATED AT THE END OF EACH REPORT.

1. PLANNING POLICY UPDATE Head of Planning and Development

Purpose

To update the Committee on development plan progress and significant national and local planning policy issues.

Network Rail’s Greater Anglia Route Study Consultation

The Greater Anglia Route Study, prepared by , sets out a 30 year vision for the Greater Anglia Route including the West Anglia Mainline (WAML) in the Borough of Broxbourne. The focus is on investment priorities for the 5 year period from 2019-2024 in which it is proposed to improve the WAML by lengthening platforms to allow for 12 car trains. It identifies the need to four-track the WAML between Broxbourne and Hale in the longer term but it is not considered to be financially justifiable at the present time unless there are other sources of funding available. It also highlights the need to close level crossings along the line.

The Council’s response will set out concerns about the growth assumptions that have been factored into the document and the level of focus that the WAML has received compared to the East Anglia main line. It is considered that greater emphasis needs to be placed on four-tracking the WAML in order to support future growth, to encourage a modal shift to the use of public transport and to help deliver 2. The response will also set out the Council’s ambitions for improvements to the Borough’s railway stations along the WAML, particularly the enhancement of access and parking.

The Greater Anglia Route Study consultation ends 3 February 2015. The consultation document is available from: http://www.networkrail.co.uk/long-term-planning-process/anglia- route-study/

Department for Transport’s Safeguarding Consultation

The Department for Transport has published a safeguarding direction for the Crossrail 2 route up to Tottenham Hale. Safeguarding aims to prevent any development proposals impacting adversely on the route of the project and ensure that is consulted on any planning applications. The document does not safeguard land beyond Tottenham Hale but does identify the need to widen the West Anglia Mainline from Tottenham Hale to should Crossrail 2 extend beyond Tottenham Hale.

The Council’s response will reinforce support for Crossrail 2, particularly the regional option, but would welcome early indication of the safeguarded route in the Borough so that this can be incorporated into the Council’s Local Plan. It will also highlight Network Rail’s Anglia

P&R Cttee 1 27/01/15 Route Study (see above) which refers to four-tracking the line to Broxbourne Railway Station rather than Cheshunt Railway Station as alluded to in the consultation document.

It is considered by officers that Broxbourne Railway Station should be the northern terminus of Crossrail 2.

The Crossrail 2 Safeguarding consultation ends 29 January 2015. The consultation document is available from: https://www.gov.uk/government/consultations/crossrail-2- safeguarding-directions

Department for Communities and Local Government Self-build consultation

In December 2014, the Council responded to DCLG’s consultation on the implementation of a self-build register. A register would demonstrate what demand there is for self-build in a particular area and then, through primary legislation, ensure that local authorities find suitable sites for that demand. Although the introduction of a register would not place a significant burden on the Council, the identification and allocation of sites would, as this would also require authorities to prepare outline applications and design briefs for plots/sites, undertake valuations and negotiations, provide utilities and land remediation and undertake enforcement action if plots are sold on. The Council set out these concerns in a consultation response letter dated 17 December 2014.

Further information on the DCLG consultation is available from here: https://www.gov.uk/government/consultations/right-to-build-supporting-custom-and-self- build

Lee Valley Regional Park Framework Proposals

The 2000 Plan is in the course of being replaced by the Park Development Framework, which is a suite of documents that will collectively provide the blueprint for the Park Authority’s future proposals. The ‘Vision, Strategic Aims and Principles’ (July 2010) and the ‘Thematic Proposals’ (January 2011) set out development and management proposals on a broad Park-wide thematic basis. The Authority is now working to translate such thematic proposals onto area based maps. They have published for consultation area based maps for areas 6, 7 and 8 which constitute the area between the M25 and Ware. These maps are available from: http://www.leevalleypark.org.uk/go/678consult/

These maps include projects and proposals within the Borough including:

 the redevelopment of the Hazlemere Marina site in Waltham Cross for leisure and residential uses;  the creation of an adrenaline sports hub at the Lee Valley White Water Centre;  bringing back unwanted and unauthorised developments into Park use including Britannia Nurseries, Wharf Road and Turnford Surfacing site;  improving connections from railway stations; and  re-development of the former leisure pool site in Broxbourne.

The Council’s response to this consultation, which ends 12 February 2015, will broadly support the principles of the proposals but will challenge projects which conflict with the Council’s ambitions e.g. redevelopment of Britannia Nurseries and Turnford Surfacing site.

P&R Cttee 2 27/01/15 For local planning authorities such as Broxbourne, in whose boundaries the Regional Park lies, the importance of these proposals is that, once adopted by the Park Authority, section 14(2) of the Park Act requires their inclusion in the Local Plan. Broxbourne Local Plan Update

Officers continue to prepare the new Local Plan containing strategic policies and site allocations and are holding duty to co-operate meetings with adjoining authorities and key statutory agencies.

Consultants have been appointed to:

 prepare a new retail study of the borough;  undertake a sustainability appraisal of the draft plan; and  undertake traffic modelling of the main development options.

Work is underway to progress the Waltham Cross Town Centre Strategy through to adoption. This is requiring a reappraisal of some of the proposals included in the draft Plan in order to ensure that the Strategy is up to date, and that due regard is paid to public consultation responses.

Date Draft Local Plan consultation Spring 2015 Pre-Submission Local Plan Autumn 2015

Contact Officers: List of Background Papers: Mr D Cooper (Ext 5561) None Mrs V Forgione (Ext 5952)

2. PROGRESS ON MAJOR DEVELOPMENT Head of Planning and Development SITES

Purpose

To advise the Committee of progress on major development sites.

Waltham Cross

Durkan House, High St, Waltham Cross

It is expected that works will proceed on the conversion of Durkan House into 60 apartments in the near future.

Park Plaza

The Co-op is marketing Park Plaza North with a view to selling it for a development that is compatible with the Development Brief for the site.

Hazlemere Marina

The planning application for the residential redevelopment of this site is expected to be submitted within the next month.

P&R Cttee 3 27/01/15 Britannia Nurseries

The Lee Valley Regional Park Authority’s judicial review against the Council’s decision to approve the scheme was heard in the High Court on the 2nd and 3rd December 2014. The outcome is still awaited.

Cheshunt

Cheshunt School

A planning application has been submitted for an 88 house residential development on part of the school grounds and for the redevelopment of some of the school buildings. It is anticipated that this will be considered at the April meeting of the committee.

Cheshunt South Reservoir

The site is likely to be completed by this autumn. The implementation of the play area remains in dispute.

Everest Site

Crest is building out this housing site and completion is anticipated in 2015.

The scheme for the new club house for Rosedale Sports Club is currently being tendered by Crest Nicholson. Once tenders are received, the parties will be able to identify the remaining funding gap, if any.

It is still proposed that Rafles Nursery, which currently occupies the site of the proposed new club house, will move into the existing club house but financial agreement is still required.

Former St. Mary’s School Site

The section 106 agreement has been completed and planning permission has been issued. It is anticipated that development will commence later in the year.

Cheshunt Football Club

Work is progressing to create the new football pitches.

Russells Ride

Aldwyck Housing Association is now looking to progress the development of the garage courts at Russells Ride. Commencement of the housing is subject to a number of conditions including the phasing, management and safety of the proposed parking. Aldwyck has submitted a comprehensive set of planning applications for change of use from open space to private garden ground to assist this process. The Council’s urban designer will be drawing up a set of design guidelines to ensure a consistent approach.

P&R Cttee 4 27/01/15 A10

The Broxbourne Transport Study will recommend the interventions required to mitigate against the transport impact of future developments within the borough. These will include improvements to the A10. The study is currently testing a number of development scenarios from the incipient Broxbourne Local Plan. The Local Plan which will set out the required improvements to the A10 prior to its finalisation and adoption.

New River Arms

A planning application for a mixed residential and retail scheme is considered elsewhere on this agenda.

Goffs School

The planning application for the redevelopment of the school has been approved and officers are working with the applicant to discharge the planning conditions.

Turnford, Wormley and Broxbourne

Brookfield

Land at Brookfield has now been jointly acquired by this Council and the County Council. The future approach to the Brookfield area is being considered through production of the Local Plan.

Hertford Regional College and Academia

The MUGA remains on hold pending identification of additional funding and development of the play area remains outstanding on this site.

The Golf and Country Club

Discussions are continuing with the owner regarding his latest plans for the future of the Club.

Bridge House

Planning permissions have been issued to convert the ground floor into a Sainsbury’s Local store and the upper floors into apartments. A prior notification application for conversion of both upper floors and part of the ground floor into flats has also subsequently been agreed. A scheme to add a further floor of apartments to the building has been discussed and officers had been advised that a planning application would be submitted. Nothing has been received to date.

Wormley Primary School

The proposed dementia care home on the site of the former Wormley primary school is expected to commence on site in May 2015 and be completed in 2016. The housing development approved by the September meeting of the Committee is expected to be implemented following completion of the care home.

P&R Cttee 5 27/01/15 Hoddesdon

High Leigh

The issuing of planning permission is still subject to the section 106 agreement, although this is close to completion.

110-114 High Street

It had been anticipated that this development would be completed in 2014. However, the owner is reconsidering his proposals for the end use of the commercial elements of the building. A planning application has therefore been submitted to change the use of the ground floor from a shop into a restaurant and the upper floor into a D1 use (assembly and leisure).

Snooker Hall site, Conduit Lane

Negotiations with the applicant have stalled and need to be resurrected as the upper floor still does not have planning permission.

Conservative Club site

Following completion of the section 106 agreement, planning permission has been issued for the conversion of the original listed club house and no.74 High Street.

The Latis Group and B3 Living are progressing the residential scheme.

Fawkon Walk

Remediation works to prevent water ingress to the basement are being resolved to enable final agreement with the doctors and the work to proceed on the medical centre.

Four retail units are currently being marketed.

Turnford Surfacing

Discussions with a developer to develop this site for housing in compliance with the Council’s Development Brief have stalled because the developer is encountering difficulties with securing access across and from the railway bridge into the site.

Contact Officers: List of Background Papers: Mr D Cooper (Ext 5561) Applications and Decisions Mr P Quaile (Ext 5562)

P&R Cttee 6 27/01/15

3. QUARTERLY PLANNING AND DEVELOPMENT Head of Planning and Development SERVICE MONITOR

Purpose

To advise the Committee of key outcomes from the work of the Planning and Development Service in the third quarter 2014/15.

Headlines

Key Developments Progress

 Development of 110-114 High Street, Hoddesdon progressing for mixed retail, restaurant and housing development;  B3 Living development at the Petron site in Rye Park progressing;  Houses at Cheshunt Reservoir are now complete;  Everest site development at Rosedale progressing well;  Vicarage development in Hoddesdon nearing completion; and  Cheshunt FC pitch works progressing.

Key Applications Approved

 71 dwellings at Oaklands Yard, Essex Road, Hoddesdon;  Conversion for restaurant and dwellings at 74 and 76 High street, Hoddesdon;  60 bed care home at Speakerbus site, ware Road, Hoddesdon; and  Operation of a wedding venue at Brook Farm, .

Key applications Refused

 12 dwellings at the Old Highway Tavern, Hoddesdon.

Planning Applications Indicators

 Total number of third quarter planning applications increased by 7% on 2013/14;  Application target times met for all application categories; and  £57,000 surplus in planning application income to budget.

Building Control Indicators

 Speed of responses good; and  £20,000 surplus in building control application income to budget.

Development Management

Planning applications registered October-December

200 planning applications were registered. This is an increase of 13 from 2013/14.

P&R Cttee 7 27/01/15

October-December 2011 176 Major: 3 The major October-December 2012 171 Minor 50 applications October-December 2013 187 Other: 147 registered October-December 2014 200 Total: 200 between October and December were:

 Residential and commercial development at New River Arms, High Road, Turnford;

 New indoor/outdoor sports facilities and residential development comprising 88 dwellings at Cheshunt School College Road Cheshunt; and

 14 dwellings with associated access and landscaping at land adjacent to 54, 56 & 58 Kennedy Avenue Hoddesdon.

Other applications registered

County Matter: 0 Discharge of Conditions: 21 Tree Works: 27 Prior Notification: 15 Non Material Amendment: 5 68

Applications determined October-December

October-December 2011 175 Major: 3 October-December 2012 165 Minor 34 October-December 2013 187 Other 141 October-December 2014 178 Total 178

Other applications determined

County Matter: 0 Discharge of Conditions: 9 Tree Works: 35 Prior Notification: 16 Non Material Amendment: 7 67

Speed of performance

Planning and Building Control Service Business Plan targets are:

 75% of major applications to be resolved within the statutory target period of 13 weeks;  85% of minor applications to be determined within the statutory target time of 8 weeks;  95% of other applications to be determined within the statutory target time of 8 weeks. P&R Cttee 8 27/01/15

Local Q1 Q2 Q3 Q4 2010/ 2011/ 2012/ 2013/ Targe 2014/ 2014/ 2014/ 2014/ YTD 11 12 13 14 t 15 15 15 15 Major 75% 100% - s 70% 62% 73% 81% 75% 50% 89% Minor 87% 88% - s 83% 83% 73% 84% 85% 83% 86% Other 97% 96% - s 97% 97% 93% 96% 95% 99% 97%

Income from Planning Applications

Total income for planning applications is significantly in surplus as indicated in the table below. All application categories are in surplus.

Full Year Year to Date Year to Application Type Variance Budget Budget Date Actual

Majors £110,550 £82,908 £118,180 £35,272 Minors £67,000 £50,247 £60,840 £10,593 Others £98,050 £73,533 £89,532 £10,854

Total £275,600 £206,688 £268,552 £56,719 Source: CP monthly monitor

Street Naming and Numbering

Income of £4003.40 has been received for the year to date.

Pre-Application Fees

Income of £5,146 has been received for the year to date.

Correspondence received in 2014/15

Month No. of No. of % No. % Average letters respons respond answere Answere no. of receive es sent ed to d within d within days to d target target answer (7 days) (7 days) April – June 2014 77 65 84 34 44 12 July-Sept 2014 59 52 88 29 49 11 Oct-Dec 2014 14 4 29 2 14 20 Source: Comino customer contact management system

P&R Cttee 9 27/01/15

Complaints received in 2014/15

Month No. of No. of % No. % complaints responses responde answered Answered Received sent d to within target within (10 days) target (10 days) April – June 2014 1 1 100 1 100 July-Sept 2014 1 1 100 1 100 Oct-Dec 2014 5 5 100 5 100

Appeals

Appeal decisions received

Month Decision Allowed Dismissed Target % allowed s allowed received April – June 2014 14 7 7 25% 50% July-Sept 2014 7 1 6 25% 14% Oct-Dec 2014 14 3 11 25% 21% April 13 – March 14 49 22 27 25% 45% April 12 – March 13 48 18 30 25% 38% April 11 - March 12 45 14 31 25% 31% April 10 - March 11 38 12 26 25% 32%

Appeals allowed October-December 2014

 Single storey rear and first floor side extension, loft conversion and conversion of garage into habitable room at 1 Eaton Gardens Wormley;

 Single storey front extension at 45 Woolmans Close Broxbourne; and

 First floor front extension over garage (Re-submission 07/13/0754/HF) at The Oaks 2B Perrysfield Road Cheshunt.

Appeals dismissed October-December 2014

 Retention of single storey rear extension at 11 Buryholme Wormley;

 Single storey detached outbuilding incorporating office, gym and garaging at The Huntsman Goose Green Hoddesdon;

 Change of use of amenity land to residential garden at Land adjacent to 281 Perrysfield Road, Cheshunt;

 Two storey side, part two/part single storey rear extension and front canopy (Re- submission 07/14/0272/HF) at 59 Rye Road Hoddesdon;

 Erection of a detached one bed bungalow at Land rear of 3 Mckenzie Road Broxbourne;

P&R Cttee 10 27/01/15

 Demolition of existing bungalow and construction of new two storey five bed dwelling at 489 Goffs Lane Goffs Oak;

 Two storey rear extension, raising of roof height to form first floor with 5 no side facing dormers and 1 no velux rooflight and front roof converted from hipped to gable at 278 Stanstead Road Hoddesdon;

 Proposed rear extension at ground and first floor level at 23 Jones Road Goffs Oak;

 Single storey front extension/garage (Re-submission 07/13/0958/HF) at 9 Bassingbourne Close Broxbourne;  Conversion of garage into habitable room, roof alterations including raising the height, gable ends, velux windows to side elevations and conversion into habitable accommodation at 11 Rye Road Hoddesdon; and

 Certificate of lawfulness for the existing use of outbuilding as utility room, client hairdressing area (with no more than 15 clients a week) and private gym at 10 Lea Road Hoddesdon.

 Formal Enforcement Notices

No. of notices 2010/11 2011/12 2012/13 2013/14 Apr- July- Oct- June Sept Dec 2014/15 2014/15 2014/15 S172 Town & Country 8 1 13 10 1 1 4 Planning Act (Enforcement Notices) S187A Town & Country 6 3 7 1 1 0 1 Planning Act (Breach of Condition Notice) S183 Town & Country 0 0 2 0 0 0 0 Planning Act (Stop Notices) Town & Country 0 0 0 0 0 0 0 Planning (Control of Adverts) Regulations (Prosecution for unauthorised display) S215 Town & Country 6 3 3 0 0 0 0 Planning Act (untidy sites) Listed Building Act 0 0 1 0 0 1 0 (Listed Building Enforcement Notices) S207 Town & Country 0 0 0 0 0 0 0 Planning Act (tree enforcement) Prosecutions/Notices Total 20 7 26 11 2 2 5

P&R Cttee 11 27/01/15 Building Control

Applications

There were 128 fee-earning applications for Q3 2014/15 compared to 127 for Q3 2013/14.

Finance

Building Control finished Q3 £19,980 ahead of budget, with an income of £194,031 against a budget of £174,051. This is considered normal for this period in the financial year.

Service Standards

The response time for plan checking averaged 7.5 working days (96% achieved) for Q3, which is within the Council’s locally adopted target of ten working days. The performance standard set by the Government and adopted by the Hertfordshire Partnership to carry out an initial plan check is fifteen working days. The time taken to acknowledge building control applications averaged 1.4 working days (99% achieved) which is within the three day target.

There were 808 requested site inspections and all those received before 10.30am for a visit on that day were achieved. Of these inspections, 33% required a revisit as works did not initially comply with the Building Regulations. Emergency callout requests to 6 dangerous structures were received and all were attended and assessed within the local targets of one hour during office hours and two hours at other times. There were 8 incidents of unauthorised work that contravened the Building Regulations and property owners were notified in writing where necessary within the three day target. One demolition notice pursuant to Section 81 of the Building Act was received and the necessary notifications were made within the five day target.

P&R Cttee 12 27/01/15 Planning Policy

The schedule sets out progress on the Local Plan and other planning matters.

Policy Matter Progress Local Plan Officers continue to prepare the new Local Plan containing strategic policies and site allocations and are holding duty to co-operate meetings with adjoining authorities and key statutory agencies. The current intention is to report the draft Plan to Cabinet on 24 March to obtain agreement to undertake public consultation. Development Management policies, Infrastructure Delivery Plan and CIL charging schedule will follow during 2015. Evidence BasePart Officers have appointed WYG to undertake a Retail Study to inform the Local 2K:\COMMITTE\Planning Plan. This will provide a clear picture of the existing convenience and and Regulatory\2015\27- comparison retail and commercial leisure situation in Broxbourne and 01-15\Part 2.doc surrounding area and advise on the need for new floorspace to meet the needs of a growing population. A draft report is expected early in February 2015.

A final version of the Gypsy/Traveller Needs Assessment and Travelling Showpeople Needs Assessment is nearing completion.

JMP has been appointed to undertake traffic modelling of the main development options. The conclusions will inform the new Plan.

LEPUS has been appointed to undertake a sustainability appraisal of the Local Plan.

BSG ecology has been appointed to update the wildlife study of the borough.

Officers have prepared in-house evidence studies such as a Strategic Green Belt Review and Development Option Reports for Brookfield, West of Wormley, Goffs Oak, Bury Green and Park Plaza areas. Officers are also helping to inform the evidence base of Herts County Council by working together on proposals for the Local Transport Plan and Minerals Development Plan.

The Search Function for the Council’s interactive map is still being tested with the intention of making it external by the end of March to co-incide with consultation on the new Local Plan. Town Centres Work is underway to progress the Waltham Cross Town Centre Strategy through to adoption. This is requiring a reappraisal of some of the proposals included in the draft Plan in order to ensure that the Strategy is up to date and due regard is paid to public consultation responses.

The Hoddesdon Town Centre Strategy action plan has been updated with the intention of reporting to Cabinet on 17 February and a Cheshunt Old Pond Strategy will be progressed later in 2015. Business Parks Work is on hold on due to other priorities and commitments on business park improvement plans for Delamare Road (Cheshunt) and a Renaissance Plan that will include employment aspirations for Monro industrial estate, Britannia Road and Lea Road in Waltham Cross. Development Briefs The Council has adopted a Development Brief for housing to help fund improvements to Cheshunt school. A planning application has recently been received for this scheme. Consultations A number of consultation responses have been prepared. Ongoing work includes responding to the Lee Valley Regional Park Plan for the area which includes the borough, Network Rail’s Anglia Route Study and the Department of Transport’s Crossrail 2 safeguarding direction.

P&R Cttee 13 27/01/15 Performance against National and Local Indicators

Indicator Indicator National Local Performance number target target Q3 2014/15 % % NI157a Percentage of 60 75 100% major applications determined within 13 weeks NI157b Percentage of 65 85 88% minor applications determined within eight weeks NI157c Percentage of other 80 95 96% applications determined within eight weeks C13 Percentage of new 60 85 N/A homes built on previously developed land C14 Percentage of n/a 25 21% appeals allowed against the authority’s decision to refuse

Contact Officers: List of Background Papers: Mr D Cooper (Ext 5561) None. Ms D Parsley (Ext 5953) Mr K Loxley (Ext 5955)

P&R Cttee 14 27/01/15

4. SCHEDULE OF ENFORCEMENT ACTIONS Head of Planning and Development

Purpose

To report on the case load and performance of the planning enforcement section, and to report on significant planning enforcement issues.

Introduction

Headline figures on the case load and performance of the planning enforcement section are set out below.

No. of cases No. of cases Total number of No. of planning applications opened since closed since outstanding cases registered as a result of 1 April 2014 1 April 2014 enforcement investigations since 1 April 2014 170 215 235 59

The schedule of significant planning enforcement cases is arranged by ward. Significant enforcement cases are those where formal action has been taken or is likely to be taken.

Significant Cases:

(a) Hoddesdon North

No cases.

(b) Hoddesdon Town and Rye Park

PCL Transport Limited, Charlton Mead Lane, Hoddesdon - change of use of residential land to commercial (lorry park), breach of planning condition, unauthorised development and removal of buffer zone

The outstanding enforcement matters at this site relate to the implementation of an acoustic fence and boundary planting along the boundary with the Lee Valley Regional Park.

The fence is now complete and appears to have been effective in mitigating the impact of lights and lorry noise from the authorised depot.

The applicant has been urgently chased to proceed with the landscaping along the .

76 High Street, Hoddesdon – unauthorised work to a listed building

Following granting of a planning permission and listed buildings consent on 19 December 2012 works commenced on the Grade 2 listed property. The Council has been informed that Jacobean oak panelling has been removed without approval.

P&R Cttee 15 27/01/15 A Listed Buildings Enforcement Notice was served and came into force on 4 September 2014 giving a 6 months compliance period. The Council has agreed to a proposed Schedule of Works for the reinstatement of the Churchill Suite.

50 Ware Road, Hoddesdon – unauthorised development

The air conditioning units erected on the top of the flat roof of the extension to the rear of the property do not have planning permission. Following noise complaints, a retrospective planning application was subsequently submitted but was incomplete.

Following further noise complaints and an investigation that revealed a material impact on local amenity, the Council issued an Enforcement Notice seeking removal of the ac units. This has triggered a planning application for construction of a new housing to enclose the extraction fans which is awaiting determination.

(c) Broxbourne and Hoddesdon South

Conifer Row, Yewlands, Hoddesdon - breach of planning conditions

By a decision notice dated 22 March 2012, planning permission was granted for the erection of a four bedroom detached house subject to various conditions to be discharged prior to the commencement of the development.

Work commenced in 2012 in breach of 15 of the 22 conditions subject to which the consent was granted and a number of these conditions remain outstanding.

A case officer has recently written to the owner clarifying the matters that remain outstanding and requiring immediate attention.

Feel Free Farm, Cock Lane, Hoddesdon – unauthorised development

Since 23 November 2006 two temporary conditional planning consents were granted for the use of the land for production of log cabins and charcoal (for sale of), timber storage and use of a hazel hut for educational purposes with seating area. This prohibited residential occupation of the land.

A Breach of Condition Notice was served on 25 November 2011 following complaints received by the Council about the residential occupation of the land. Hertford Magistrates Court found the owner to be in breach of conditions on 21 February 2013.

On 2 September 2013 a temporary conditional planning consent was granted permitting residential occupation of the site in connection with the business and replacement barn for storage and workshop purposes.

A complaint was received by the Council that the replacement barn and workshop was not being developed in accordance with the approved plans which a subsequent site visit by the Planning Compliance Officer confirmed.

A planning application was submitted for the replacement structure but this has been refused. An Enforcement Notice was served coming into effect on 30 November 2014 giving 4 months compliance period to remove the unauthorised structure.

P&R Cttee 16 27/01/15 The Council received a planning application for amendments to the valid planning permission 07/13/0583/F which is currently pending determination.

Highfield Stables, White Stubbs Lane, Broxbourne

Recent reports have been received alleging that the bungalow and holiday cottages are again being occupied unlawfully. Other potential breaches include the erection of timber buildings/structures to the north of the stable area and the failure of planting to the bund.

A site visit by the Planning Compliance Officer to investigate alleged breaches confirmed that there is no breach of planning control regarding the bungalow, holiday cottages and timber outbuildings at the site at the present time. Also, the planting of the bund was carried out to the Council’s satisfaction. However, the Council will continue to monitor the site in the upcoming months to ensure continued compliance.

(d) Wormley and Turnford

Holy Cross Stables, Wormley – unauthorised occupation

Planning permission was granted for a stable and hay barn at Holy Cross stables in 2006. Condition 2 of the consent limits the use of the buildings to the stabling of horses and storage of feedstuffs in connection with the applicant’s personal use of the land. In 2008 and 2010 complaints were received about the residential occupation of the stables. Investigations were carried out on both occasions, however during the site visits the owner of the property concealed the fact that she was living in the stables by stacking hay bales in the windows of the building.

In 2012 it was discovered that the owner of the property was marketing the property for sale as including living accommodation. The Planning Service received an application for a ‘Certificate of Lawfulness for existing use of the stable conversion as residential use’. The applicant claimed that she had been in residential occupation of the stable since 2007. The application was refused because the owner of the property deliberately concealed the residential occupation of the stable. The owner of the property lodged an appeal against the Council’s decision.

The appeal was dealt with by public inquiry in October 2013. On 28 October 2013, an Inspector dismissed the appeal.

Despite the dismissal of the certificate, residential occupation of the stables has continued. An Enforcement Notice was served on 7 April, taking effect on 12 May 2014, giving six months for compliance. This Notice has been appealed and a hearing is scheduled for 21 January 2015.

Wharf Road, Broxbourne – various breaches on plots

The public inquiry examining four of the enforcement notices reopens 2 March 2015 and is scheduled for five days.

Planning applications have been submitted for the permanent occupation of plots 19 and 23 which had previously been granted temporary planning permission by the Planning Inspectorate. These have not yet been determined.

P&R Cttee 17 27/01/15 A planning application was also submitted for plots 56 and 65 but this has not to date been validated.

Par 3, Church Lane, Wormley – non compliance with landscaping and drainage conditions

100 trees have been planted along the western boundary in the first phase of planting with further planting to take place. The drainage scheme is now being implemented but the second phase landscaping scheme has yet to be implemented.

The Council’s Arboricultural Officer has confirmed that the planting of the remaining trees is being phased. The first phase took place last autumn and the next is planned for the current planting season (Spring 2015). The Council is now proposing to install a French Drain to help alleviate the flooding issue.

(e) Flamstead End

No cases.

(f) Cheshunt North

67 Herongate Road, Cheshunt - erection of a separate self contained residential unit

In October 2011 the Council was asked to investigate whether an outbuilding being erected to the rear of the site required planning permission. A site visit was conducted on 16 November 2011. At the time of the visit the building was incomplete. However the height of the building at the time of the visit meant that either planning permission would be required or works would need to be undertaken to bring it within permitted development regulations.

The building was altered and completed in 2011. However, a further inspection in 2012 revealed that the building contained a bathroom and a kitchen. The owner was asked about the use of the building and he informed the officer that the building was occasionally slept in. The building was constructed as a separate self contained unit of accommodation and is capable of being so used with no alterations or additions.

Following several letters threatening enforcement action, the owner of the site submitted an application for the retention of the outbuilding as a self contained residential unit in November 2012. The application was refused by a decision notice dated 8 April 2013.

An Enforcement Notice was served to secure internal alterations to the building so that it is can no longer be used as a separate self contained unit of accommodation. However, the Planning Compliance Officer confirmed that the breach has not been remedied and the case was referred for prosecution. Legal Services wrote to the owner prior to issuing proceedings giving the owner 14 days to comply with the Enforcement Notice or face prosecution.

The notice had not been complied with and prosecution commenced. The hearing took place on 9 January 2015 at the Magistrates Court where the owner pleaded guilty; the Court ordered the owner to pay the fine, victim surcharge and costs reminding him that the Enforcement Notice is still in place and needs to be complied with. However, an application for a ‘single storey annex to a main dwelling’ has now been received by the Council and further enforcement action will depend on the outcome of that application.

P&R Cttee 18 27/01/15 Granyte House, Delamare Road, Cheshunt – breach of conditions

On 12 August 2014 a complaint was received by the Environmental Health Department (EH) that the extraction system is inadequate and causing grease to expel onto the neighbouring property. Following a site visit by an EH officer it became apparent that the extraction system is not as per the approved drawings attached to the planning permission for a change of use from storage and distribution to food production.

Following a letter from the Planning Compliance Officer some information regarding the extraction/ventilation system and waste disposal was received. This was considered unsatisfactory and a formal application for the approval of the details required by the conditions was requested. No application was received.

A Breach of Conditions Notice was issued on 24 December 2014 giving 1 month compliance requiring for the details of the extraction system and details of facilities to be provided for the storage and removal of refuse from the premises to be submitted. A further 1 month compliance has been provided to install the approved.

(g) Cheshunt South and Theobalds

3 Albury Ride, Cheshunt – unauthorised development

A non-porous hardstanding was laid to front of the property to form a driveway in May 2014. Following extensive communication with the owners and their agent, the Council approved proposed changes to the hardstanding within an agreed timescale. A site visit confirmed that the works have not been carried out to date.

On 24 December 2014 an Enforcement Notice was served requiring the hardstanding to the front of the property to be removed or alternatively to implement the approved scheme of drainage works.

(h) Goffs Oak

Calves Croft Farm - unauthorised development

In February 2012, the Planning Compliance Officer was informed that a barn on the site had been converted into a dwelling. Enquiries were made and it was discovered that the site was in the process of being sold by trustees following the bankruptcy of the owner.

The site was sold late 2012 and the new owner told the Planning Compliance Officer that the unauthorised conversion and change of use of the north barn was completed more than four years before he purchased the site. He said that he would be submitting an application for a Certificate of Lawful Development and would do so as soon as he had received the relevant paperwork from the Trustees. The Planning Service has yet to receive the application.

In March 2013, the Council received complaints about transporters delivering cars to Calves Croft farm. A site visit was carried out and it was discovered that part of the site is being used for the storage and sale of cars and car parts. There is also a barn on the site which is being used as a workshop and office in association with the car storage and sales activity. Planning permission has not been sought for this use, which is considered inappropriate in the location concerned.

P&R Cttee 19 27/01/15 Authority has been granted for the issue of an Enforcement Notice in respect of both breaches. An Enforcement Notice in respect of the south barn has been served on the owner giving a compliance period expiring in December 2014. The Council extended the compliance period until March 2015 due to owner’s personal circumstances based on the evidence submitted. For the North Barn, it is not now considered expedient to pursue enforcement as barns can convert to residential use without planning permission.

Windyridge, Newgatestreet Road - unauthorised residential occupation of a mobile home

An Enforcement Notice was issued and served in 1995 to prevent the unauthorised siting and use of a mobile caravan for residential purposes. The Notice was quashed on appeal to the Planning Inspectorate and temporary consent granted subject to conditions. The conditions were that the residential use of the caravan should cease and the caravan removed when it ceased being occupied by the party named in the Notice; or when his family ceased occupation of the main dwelling.

The party named in the Notice vacated the caravan in 2000; however the caravan remained in situ and was later let out on assured shorthold tenancies. Temporary planning permissions were granted for limited periods for the retention and use of the caravan the most recent of which expired on 27 October 2010. The renewal application was refused in February 2011 and a Breach of Condition Notice served in June 2011.

An application for a Certificate of Lawful Development has been refused and authority has been granted to proceed with prosecution for non compliance with the Notice. The matter was listed for first hearing on 10 December 2012 however, the summons was withdrawn pending the outcome of an appeal submitted by the applicant.

The public inquiry for this matter took place on 21 May 2013. The Inspectorate dismissed the appeal with an award of costs in the Council’s favour.

Despite the foregoing, it is understood that residential occupation of the mobile home has continued. A new Breach of Condition Notice has been served giving a three months compliance period expiring on 4 October 2014. A site visit by the Planning Compliance Officer confirmed non-compliance with the Notice. It has been agreed to extend compliance to 3 February 2015, failing which the Council will commence legal proceedings immediately thereafter.

Rushdown Nursery, Crouch Lane - unauthorised change of use

Rushdown is a nursery located in the green belt. In 2008 the Council received complaints about the removal of greenhouses from the site and in 2010 complaints were received about the site being used as a waste transfer station. Photographs taken in March 2010 show a digger, pallets and what appeared to be waste material on site.

In June 2010 a further site visit was carried out and it appeared that the property was being used for the storage and/or repair of cars. The Council requested that the owner cease the use of the site for the purposes of car storage and/or repairs. The site was cleared as confirmed by photographs taken on 9 August 2010. By November 2010, the site was again being used for the storage and/or repairing of cars. Following correspondence with the owners the site was cleared as confirmed by a further site visit in November.

P&R Cttee 20 27/01/15 An unannounced site visit was carried out on 11 May 2012 and it was observed that cars were being stored and scrapped on the site and one of the buildings on the site is being used for car repairs. Other areas of the site are being used for the storage of cars to be repaired.

An Enforcement Notice was served on the owners of the site. The Notice was appealed and quashed.

The Council was informed by the agent that an application for a Certificate of Lawfulness would be submitted. However, no application has been received to date. The Council is considering its options in relation to unauthorised uses on site.

In–Ex Nursery and Garden Centre, Goffs Lane

There is a proliferation of signs along the frontage of the property, many of which do not have permission. Action is being taken to secure the removal of the unauthorised signage.

(i) Rosedale and Bury Green

No cases.

(j) Waltham Cross

No cases.

Cases to be removed from next report:

Broxbourne Station, Station Road, Broxbourne - unauthorised work to a listed building

Broxbourne Station is a grade II listed building. Prior to the listing of the building, the applicant installed two OMNI antennae and two cabinets in the equipment room. After the listing of the building these antennae were replaced with three panel antennae on the plant room roof and the cabinets replaced with two new cabinets. A retrospective application for the retention of the fixtures was refused on 30 March 2012. The applicant was asked to remove the unauthorised antennae and cabinets and to restore the building to its pre- development condition. The applicant failed to comply with the Council’s request.

A Listed Building Enforcement Notice was served and a referral made to Legal Services to prosecute for unauthorised work to a listed building. An appeal against the Enforcement Notice was dismissed in May 2013. The appellant was given one year to comply with the requirements of the notice (31 May 2014).

In response, the applicant has submitted proposals for a revised scheme for less prominent antennae which has been approved. The unauthorised works to the building were removed and the revised scheme has now been implemented.

Spring Farm, Old Park Ride - unauthorised development

A recent site visit revealed no further works or tipping has been undertaken. The Council will continue to monitor the site.

Contact Officer List of Background Papers: Mr D Cooper (Ext 5561) None

P&R Cttee 21 27/01/15