Lakeland Leisure Estates Limited – Roydon Marina 1 Planning Statement : September 2020

Lakeland Leisure Estates Limited Roydon Marina, Roydon Marina Village, Roydon, , CM19 5EJ Planning Statement

Extension to Existing Marina to provide an additional 168 Berths, 99 Parking Spaces, Additional Associated Facilities and Widening and Improvement to Existing Vehicular and Pedestrian Access

Prepared by:

SBRice Ltd

September 2020

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Lakeland Leisure Estates Limited – Roydon Marina 2 Planning Statement : September 2020

Contents

Section Detail Page No 1.0 INTRODUCTION ...... 4 2.0 SITE DESCRIPTION AND LOCALITY ...... 4 3.0 PLANNING HISTORY ...... 6 4.0 PROPOSED DEVELOPMENT ...... 7 5.0 PLANNING POLICY FRAMEWORK ...... 9 6.0 KEY ISSUES ...... 12 7.0 PLANNING APPRAISAL ...... 13 8.0 SUMMARY AND CONCLUSION ...... 40

Appendices

Aa: Site Location Plan (LakeRM-1-5-001H-SiteLocationPlan) Ab: Existing OS Plan (LakeRM-1-1-007-ExistMarinaOS) B: EFDC Officer’s Report Planning Application EPF0934/16 C: Access Road Widening Plan (LakeRM-1-1-006G-AccessRoadWideningPlan) Da: CRT Stage 2 Water Resource Study (July 2016) Db: CRT Response to Stage 2 Water Resource Study (Jan 2020) E: Flood Risk Assessment & Drainage Strategy (July 2020) F: Proposed Marina Plan (LakeRM-1-1-005L-PropMarinaPlan) G: Toilet Building Floor Plan & Elevations Ha: Main Jetty/Walkway Lighting bollards Hb: Facilities Building Lighting Hc: Low Level Car Parking & Jetty Embarkation Point Lighting Hd: Yard Area External Lighting Ia: Landscape & Visual Impact Assessment Report (Sept 2020) Ib: Arboricultural Report (July 2020) Ja1: Extended Phase 1 Habitat Assessment including Bat Scoping Survey (Oct 2019)RevC Ja2: Extended Phase 1 Habitat Assessment for the Road Widening Area (June 2020)RevB Jb1: Otter & Water Vole Survey (July 2020)RevA Jb2: Winter Bird Report (Jan 2020)RevA Jb3: Breeding Bird Report (Jan 2020)RevB Jb4: Bat Activity Survey Report (Feb 2020) Jc: Ecological Mitigation & Enhancement Scheme Report (Aug2020) Ka: ECC Highways Response to Planning App EPF/0934/16 Kb: ECC Highways Pre-Application Response to current Application (July 2020) Kc: Transport Assessment/Statement (July 2020) La: CRT London Mooring Strategy Full Report (June 2018) Lb: CRT London Mooring Strategy Summary Report (June 2018)

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Lakeland Leisure Estates Limited – Roydon Marina 3 Planning Statement : September 2020

Document Control Date of Issue: Version: Author: 08/09/2020 Vr5 SBR 10/09/2020 Vr6 DR 10/09/2020 Vr7 DJJ 10/09/20 Final SBR

©Copyright SB Rice Ltd. All rights reserved

This report (including any enclosures and attachments) has been prepared for the exclusive use and benefit of our client and in accordance with the scope of work agreed with the client. Unless we provide express prior written consent, no part of this report should be reproduced, distributed or communicated to any third party. We do not accept any liability if this report is used for an alternative purpose from which it is intended. SB Rice do not verify the content of any third-party reports which may be referred to in this report and we do not accept responsibility for the accuracy of the information or opinions provided by others. SB Rice Ltd has used reasonable skill, care and diligence in compiling this report and no warranty is provided as to the report’s accuracy. This report does not account for any legislative or regulatory changes that may have occurred since the report was produced and SB Rice Ltd does not accept any responsibility or liability for loss whatsoever to any third party caused by, related to, or arising out of any use or reliance on this report.

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Lakeland Leisure Estates Limited – Roydon Marina 4 Planning Statement : September 2020

1.0 INTRODUCTION

1.1 This Planning Statement has been prepared by SBRice Limited on behalf of the Applicants, Lakeland Leisure Estates Limited and is submitted to accompany an application in full for an extension to an existing marina at Roydon Mill to provide an additional 168 berths, additional car parking, facilities building providing toilets, showers, laundry, etc., yard area for boat maintenance, improved vehicular and pedestrian access and associated infrastructure such as waste recycling collection point, connecting to existing foul sewer, footpath and access road and landscaping.

1.2 The application site at Roydon Marina forms part of Roydon Mill Marina Village (hereinafter referred to as Roydon Marina) and is located to the west of the village of Roydon and immediately to the north of the Navigation.

1.3 The application is in full and is accompanied by:

• Planning Statement;

• Design and Access Statement;

• Landscape and Visual Impact Assessment;

• Ecological Assessments;

• Transport Assessment;

• Flood Risk Assessment;

• Arboricultural Assessment;

• Scaled plans and drawings.

1.4 The Planning Statement assesses the proposed development in the context of its compliance with national and local planning policies.

2.0 SITE DESCRIPTION AND LOCALITY

2.1 Roydon Marina Village is located to the north west of the village of Roydon and is approached via an existing tarmac road leading from the B181 and running adjacent to the River .

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2.2 Roydon village is located on the north western extremity of close to the boundary with . The marina is approximately 6.2km from and 4km from Hoddesdon. Both towns provide easy access to major highway infrastructure including the A10, M11 and M25. Roydon railway station is located immediately adjacent to the northern boundary of the site.

2.3 The site lies within the Green Belt and is also located within the flood plain of the River Stort.

2.4 Roydon Mill Marina Village comprises approximately 23 hectares of land which includes a 12.9 hectare lake and approximately 2.5km of river frontage.

2.5 The proposed marina extension would be located to the west of the existing marina within the existing lake which is located at the south western end of the site. The application site extends to approximately 4.12 hectares and includes part of the western area of the existing lake and adjacent land and access track immediately to the north.

2.6 The lake is located immediately to the south of the main railway line and to the north of the River Stort.

2.7 The eastern part of the lake is fully utilised by the existing marina which was granted planning permission in 2009.

2.8 The lake was formed when former gravel pits were flooded in the 1980s and prior to its use as a marina the lake was used for watersports including water skiing and boating.

2.9 The remainder of the site at Roydon Mill Marina Village includes lodges and static caravans for recreational use, park homes for residential use and a small hotel.

2.10 A number of facilities can be found in the village of Roydon including several pubs/restaurants and a convenience store/post office.

2.11 Access from the extension onto the River Stort Navigation would be via the existing marina access through a lock onto the Stort Navigation. The Stort Navigation is connected to the River Lee to the west. From here boats can travel south towards London or north towards Hertford. Boats travelling east along the River Stort head towards Bishops Stortford.

2.12 A site plan at a scale of 1:1250 (drawing reference LakeRM-1-5-001H) can be found included as

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Appendix Aa. An overview of the site in its surrounding geographical context can be seen in figure 2.12 below.

Fig 2.12

3.0 PLANNING HISTORY

3.1 Roydon Mill Marina Village itself has an extensive planning history, however those relevant to the marina are:

• EPF/2113/08 – Creation of a marina with moorings for up to 315 boats and associated facilities including new lock with the River Stort Navigation, facilities building, workshop, fuel storage tank and 77 parking spaces – approved 2009.

• EPF/0935/11 – Variation of condition 13 (re: access road improvements) of EPF/2113/08 – approved 2011.

• EPF/1313/11 – Change of use of facilities building approved under EPF/2113/08, to a

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mixed use building comprising a café, together with small chandlery area and associated facilities (shower, changing areas, laundry and marine office) – approved 2011.

• EPF/0934/16 – Extension to existing marina so as to provide an additional 240 berths, 120 parking spaces and additional associated facilities – refuse collection points, Elsan points and 28.88 sq m extension to facilities building – refused September 2016. The application was recommended for approval by the Planning Officer and refused by the Planning Committee on the grounds that “the extension would result in the loss of the existing attractive open water area and an increase in traffic movements along the narrow towpath access road together with increased parking around the lake, these changes will have an adverse impact on the openness, character and visual amenity of the area and undermine the recreational value of the lake and surrounding area for existing boat owners, local residents and visitors to the Lee Valley Regional Park. It represents inappropriate development in the Metropolitan Green Belt and there are no very special circumstances to outweigh the resultant harm or any other of the identified harms”.

4.0 PROPOSED DEVELOPMENT

4.1 The proposed development includes an extension to the existing marina to provide an additional 168 berths and associated facilities including a new toilet and shower block providing toilets, showers and washing facilities for the new moorings, additional refuse collection points, an additional Elsan point, 99 parking spaces, widening and improvement to the existing access road and landscaping and ecological and biodiversity enhancements. The proposed development site forms part of Roydon Marina which itself is part of the Roydon Mill Marina Village complex.

4.2 The site area is approximately 4.12 hectares with the new mooring area totaling approximately 2.68 hectares.

4.3 Access from the extension onto the Stort Navigation is via the existing lock granted permission under EPF/2113/08. Vehicular and pedestrian access is via the existing access from the marina to Roydon High Street. The access is to be widened and improved to include a dedicated footpath for pedestrians and a widened vehicular access allowing two cars to safely pass along almost its entire length. More detailed information regarding the proposed access road improvements can

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be found in the Design and Access Statement and the Transport Assessment (Appendix Kc) that accompany the application.

4.4 The marina extension will provide a total of 168 moorings for recreational purposes only, this is a reduction of 72 moorings when compared to the previous application. Of the 168 berths 110 will consist of 18m jetties for standard narrowboats with 58No. 18m jetties providing super berths that can be utilised either as superior narrowboat berths providing more space or for wide beams.

4.5 58 of the finger jetties will be attached to a walkway that lies parallel to the bank and offset by some 3-4m thus preserving the existing soft edge bank with little or no impact on existing vegetation or wildlife; a connection bridge links this walkway to a further walkway in the basin that provides access to the remaining 110 finger jetties. The proposed layout of the floating walkways and jetties can be found on drawing reference LakeRM-1-1-005M in Appendix F.

4.6 Each berth will be provided with water and electricity and a number of berths will be constructed to facilitate disabled access.

4.7 The floating walkways and jetties will be illuminated for safety purposes using pedestal lights. Further information regarding the proposed lighting can be found in Appendices Ha-Hd.

4.8 The existing access track providing vehicular access to the northern side of the lake will be improved and upgraded with three layby parking bays constructed on its northern side between the roadway and the railway line to provide car parking for 99 vehicles. A toilet and shower block will be constructed to the northern side of the access road providing toilet washing and shower facilities, laundry, plant room and Elsan disposal. The building has been designed so that the finished floor level is above the recognized flood level. An open void space will be left underneath the finished floor level with large openings along all the walls to allow the free flow of water into the void space in an extreme fluvial flood event thus ensuring that there is no loss of flood storage associated with the building.

4.9 The building will be constructed using similar materials to the existing facilities building. Further details are provided within the Design and Access Statement that accompanies the application.

4.10 Floor plans and elevations of the proposed building can be found in Appendix G.

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4.11 An existing hardstanding area in the south western corner of the site will be extended and a slipway constructed into the lake to allow for the safe removal of canal boats from the lake for maintenance and repair on the hardstanding.

4.12 The development includes a number of ecological enhancements that are incorporated into the overall landscaping scheme, further details are provided in the Ecological Report and Assessment of Biodiversity Enhancement in Appendix Jc and summarised in section 7.72 of this report.

4.13 Foul water will be dealt with via the installation of a new underground pumping station and holding tank with sufficient capacity to contain three days of foul water. The pumping station will be connected to the existing foul water system via a new underground pipe laid immediately adjacent to the access road from the new toilet block back to the existing marina and caravan park.

4.14 Rainwater from the roof of the toilet block will be recycled for reuse.

5.0 PLANNING POLICY FRAMEWORK

5.1 Environmental Impact Assessment – Screening Opinion

5.2 The proposed development should be considered in the context of its compliance with national and local planning policies.

5.3 The following plans and their policies are relevant to this application.

5.4 National Planning Policy Framework (2019) in particular:

• Section 2 – Achieving Sustainable Development;

• Section 4 – Decision Making;

• Section 6 – Building a Strong, Competitive Economy;

• Section 8 – Promoting Healthy and Safe Communities;

• Section 9 – Promoting Sustainable Transport;

• Section 12 – Achieving Well Designed Places;

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• Section 13 – Protecting Green Belt Land;

• Section 14 – Meeting the Challenge of Climate Change, Flooding and Coastal Change;

• Section 15 – Conserving and Enhancing the Natural Environment;

5.5 Epping Forest Local Plan (1998) and Epping Forest Local Plan Review (2006)

5.6 The Epping Forest Local Plan was adopted in 1998. It was subject to a partial review in 2006. The combined policies of the Epping Forest Local Plan (1998) and alterations (2006) were published in February 2008.

5.7 The following policies are relevant:

• Policy CP1 – Sustainable Development;

• Policy CP2 – Protecting the Quality of the Rural and Built Environment;

• Policy GB2A – Development in the Green Belt;

• Policy GB7A – Conspicuous Development;

• Policy GB10 – Development in the Lee Valley Regional Park;

• Policy NC4 – Protection of Established Habitat;

• Policy NC5 – Promotion of Nature Conservation Schemes;

• Policy RP3 – Water Quality;

• Policy RP5A – Adverse Environmental Impacts;

• Policy RST7 – Recreational Function of the Lee and Stort Navigations;

• Policy RST23 – Outdoor Leisure Uses in the Lee Valley Regional Park;

• Policy RST24 – Design and Layout of Development in the Lee Valley Regional Park;

• Policy RST25 – Glen Faba and Roydon Mill Leisure Park;

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• Policy DBE1 – Design of New Buildings;

• Policy DBE4 – Design in the Green Belt;

• Policy LL1 – Rural Landscape;

• Policy LL2 – Inappropriate Rural Development;

• Policy LL7 – Planting Protection and Care of Trees;

• Policy LL10 – Adequacy of Provision for Landscape Protection;

• Policy LL11 – Landscaping Schemes;

• Policy ST1 – Location of Development;

• Policy ST2 – Accessibility of Development;

• Policy ST3 – Transport Assessments;

• Policy ST4 – Road Safety;

• Policy ST6 – Vehicle Parking;

5.8 Local Plan (Submission Version) 2017

5.9 In September 2018, the Council submitted the Epping Forest Local Plan Submission Version 2017 (LPSV) for examination. As such the LPSV can be treated as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF.

5.10 It is considered that the submission version of the plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF and as such the following emerging policies can be given weight:

• Policy SP1 – Presumption in favour of Sustainable Development;

• Policy SP6 – Green Belt and District Open Land;

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• Policy SP7 – The Natural Environment, Landscape Character and Green and Blue Infrastructure;

• Policy E4 – The Visitor Economy;

• Policy T1 – Sustainable Transport Choices;

• Policy T2 – Safeguarding of Routes and Facilities;

• Policy DM2 – Epping Forest SAC and Lee Valley SPA;

• Policy DM3 – Landscape Character, Ancient Landscapes and Geodiversity;

• Policy DM4 – Green Belt;

• Policy DM5 – Green and Blue Infrastructure;

• Policy DM6 – High Quality Design;

• Policy DM15 – Managing and Reducing Flood Risk;

• Policy DM16 – Sustainable Drainage Systems;

• Policy DM18 – On site Management of Water Waste and Water Supply;

• Policy DM20 – Low Carbon and Renewable Energy;

• Policy DM21 – Local Environmental Impacts; Pollution and Land Contamination;

• Policy DM22 – Air Quality.

5.11 Neighbourhood Planning

5.12 Investigations have been undertaken, there is no evidence that Roydon Parish Council are progressing with the preparation of a Neighbourhood Plan.

6.0 KEY ISSUES

6.1 The proposed development would be located within the Metropolitan Green Belt, as such the

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principal of the proposed development in the Green Belt needs to be considered in the context of relevant policies relating to planning in the Green Belt contained within the Framework and the adopted and emerging Local Plans.

6.2 Impact on Ecology

6.3 The proposed development is located in close proximity to the Lee Valley RAMSAR and Special Protection Area and the Site of Special Scientific Interest. As the proposed development involves the loss of an area of open water, the proposed development should be considered in the context of its potential impact on the designated sites and on its potential impact on protected species and their habitats.

6.4 Impact on Transport

6.5 Although the proposed development will only generate a limited number of additional vehicle movements, a previous application for a marina extension was refused and one of the reasons for refusal was the adverse impact of the increase in traffic movements along the access road together with increased parking around the lake.

6.6 As such, the proposed development, which now includes improvements and enhancements to the access road and the reduced number of mooring and parking spaces should be considered in the context of the relevant planning policies and the response to pre-application discussions with the relevant statutory bodies.

7.0 PLANNING APPRAISAL

7.1 Principle of Development

7.2 The site is located within the Green Belt and as such the principle of development should be considered in the context of section 13 of the National Planning Policy Framework (the Framework) and the relevant saved policies in the Epping Forest Local Plan (1998) and alterations (2006) and the emerging policies in the Submission Version of the Epping Forest District Local Plan.

7.3 The combined policies of the District Local Plan (1998) and alterations (2006) predate the Framework which was first published in 2012. The objective of policy GB2A is to prevent

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inappropriate development in the Green Belt, recreational development is included in the list of developments that are considered appropriate. Paragraph 145(b) of the Framework confirms that the provision of appropriate facilities for outdoor recreation are not considered inappropriate as long as they preserve the openness of the Green Belt and do not conflict with the purposes of including land within it.

7.4 Policy SP6 and policy DM4 of the emerging District Local Plan also confirm that the openness of the Green Belt will be protected from inappropriate development as identified within the Framework and policy DM4 which reiterates the five purposes for including land within the Green Belt and also reconfirms the Framework policy that includes facilities for outdoor recreation as an exception to inappropriate development in the Green Belt.

7.5 The fundamental aim of the Green Belt is to prevent urban sprawl by keeping land permanently open.

7.6 Planning permission was originally granted for the marina in 2009. Although this also predates the Framework, Green Belt policies at both national and local level have changed very little since their inception in 1947. In determining the application for the original marina, the Council concluded that the infrastructure associated with the marina could be considered appropriate development, however the mooring of the boats would have an impact on the openness of the area and therefore very special circumstances were required. It was accepted at the time that there was an identified need in London and the south east for the provision of moorings to meet the needs of the expanding number of recreational boaters. It was also acknowledged that the creation of moorings to serve the London market would need to be within the Green Belt. These factors were considered to amount to the very special circumstances sufficient to outweigh the potential harm to the Green Belt from the development.

7.7 As stated above, Green Belt policies have changed very little since determination of the application in 2009 and the latest proposal for 168 additional moorings plus a small building to provide essential toilet and washing facilities and a small hardstanding area and slipway to allow removal of boats from the water for essential maintenance purposes is considered relatively small scale and only provides those facilities that are essential to allow boaters to utilise the waterways in the area for recreational purposes.

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7.8 The elements of the development that have potential to impact on the openness are the additional 168 boats that would be moored within the marina, the 99 vehicles that could potentially be parked in the areas allocated for parking and the small toilet and shower block located on the north western side of the marina.

7.9 It is therefore necessary to demonstrate that very special circumstances exist that are sufficient to permit the development.

7.10 The management of the waterways including the River Stort is vested in the Canal and River Trust. The Canal and River Trust are responsible for managing the waterways and its associated infrastructure. Their role does not include assessing potential demand or need for moorings or additional marina space; however, they do from time to time publish data that can be used as part of an assessment into whether there is a demand or need for additional moorings in specific areas.

7.11 In 2018 the CRT published a document known as the London Mooring Strategy. A copy of the report can be found in Appendix LA, with a summary of the report in Appendix Lb.

7.12 The requirement for a London Mooring Strategy was driven by a significant growth in demand for boating and mooring facilities in and around London. The strategy set out the CRT’s plans for improving the experience for boaters and of boating in the London region.

7.13 The report identified that between 2010 and 2017 the number of boats on the Trust’s London waterways had nearly doubled from 2,101 to 4,001. It acknowledged that it was very hard to find space at towpath moorings and the supply of long term moorings was not enough to meet demand.

7.14 The report indicated that if the growth in boat numbers in London continued at the same pace by 2022 there could be an increase of between 1,420 and 1,695 boats. This is a considerable number of boats that will require some form of permanent mooring in which to moor the boat whilst not cruising the network.

7.15 There is a common misconception that most of the boats cruising London’s waterways are used for permanent residential purposes. In fact, the Trust’s 2017 Boat Owner’s Views Survey revealed that only 49% of the boats in London are used as permanent homes meaning that 51% of the

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projected increase in boat numbers of between 1,420 and 1,695 would be for recreational purposes. This projection would result in an increase in demand for between 724 and 864 berths in the London region for recreational purposes by 2022.

7.16 Although the Strategy is intended to set out the CRT’s approach to address and manage the challenging issues generated by the significant increase in demand, it does not attempt to identify specific requirements for additional moorings or where these should be located.

7.17 The report does however confirm that in order for the strategy to be effective it does require a partnership between the Trust, boaters, local groups, residents, local Government, private businesses and other stakeholders.

7.18 The Strategy identifies seven key objectives that will help the Trust and other parties detailed above to achieve the vision for London’s waterways set out in more detail in the Strategy.

7.19 The objectives that relate directly to the provision of additional moorings are:

• Objective 1 “Better provision and management of a range of moorings in London.”

• Objective 2 “To manage the high number of boats in London and to manage/mitigate the environmental impacts of the high number of boats on the waterways and neighbours (land and water-based neighbours).”

• Objective 3 “To protect existing and generate additional income to maintain the waterways in London.”

• Objective 5 “To enable a wider range of boaters to visit and navigate in London.”

• Objective 6 “To support London waterway destination and tourism strategies.”

• Objective 7 “To ensure mooring strategy contributes to the Trust’s vision that waterways help to transform neighbourhoods and enrich lives.”

7.20 The Trust’s proposed strategy sets out those actions that the Trust can take with regard to its own property. They acknowledge that there is a finite amount of mooring space in the London waterway area that is within the direct control of the Trust and the strategy cannot on its own

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address an ongoing growth in boat numbers in the region and that if the numbers continue to rise in line with recent years it will be to the detriment of all users of the waterways.

7.21 The Trust’s London Waterway Partnership has identified 8 ‘character areas’ in the London waterways region. The eighth character area in the list is the Upper Lee Navigation and the River Stort which includes the section of the Stort Navigation to which the existing marina is connected.

7.22 The Strategy’s information and proposals on this character area can be found on pages 43-47 in the report.

7.23 The key issues and challenges are identified on page 43, these include

• Visitor moorings are limited;

• Boater facilities are spaced at long intervals and experience heavy use.

7.24 The Trust’s Strategy is to maximise the amount of online moorings that can be provided, however there are a number of challenges that make provision of moorings difficult including

• Bankside vegetation having an influence on mooring opportunities;

• Fast flowing water affecting safe moorings, especially where there is poor mooring practice;

• Increased demand for mooring in popular locations affecting access for fishing;

• Growing boat numbers and moorings demand leading to conflict with the use of water space by unpowered craft.

7.25 There are therefore some significant challenges that the Trust face when attempting to provide more online moorings on the waterways itself.

7.26 There are no specific recommendations regarding the provision of moorings by third parties or indeed offline moorings within either new or extended marina facilities. The Strategy makes it clear that it is not the intention of the Trust’s report to comment on the provision of facilities provided by others or indeed identify and confirm whether there is a need, however the Strategy clearly confirms that there is increasing demand for moorings and facilities in the London area

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which includes the Upper Lee Navigation and River Stort.

7.27 The findings of this report are confirmed by the Applicants who now have a total of 130 applicants on their waiting list for moorings at Roydon Mill. They have now closed the waiting list. Of the 130 applicants on the list, 60% of them are seeking berths for narrowboats, 35% of them for widebeams and 5% of them for GRP cruisers.

7.28 Enquiries for winter moorings are significantly higher, running to 10-15 per day and as such the Applicants do not currently operate a waiting list for winter moorings as they have no provision.

7.29 When determining the application for the original marina in 2009 the Council accepted that there was a need in London and the south east for the provision of moorings to meet the needs of the expanding number of recreational boaters and at the time the application was welcomed by British Waterways, who were then responsible for assessing such matters. It was also considered likely that any marina to serve the needs of the London area would need to be located within the Green Belt. As such, as the proposed development made use of an existing lake and could be developed with minimal need for excavation, these factors were considered to amount to the very special circumstances sufficient to outweigh the harm to the Green Belt from the development.

7.30 A further application was submitted in 2015 and determined by the Council at Planning Committee in September 2016.

7.31 Although the application was refused at Planning Committee, the Officer’s report recommended approval. The Officers had considered the evidence provided by the Applicants to demonstrate that an extension to the existing marina to provide a further 240 berths would satisfy the very special circumstances. The evidence provided related to the preparation of the Canal and River Trust’s survey and evaluation of the London Waterways which at the time was being carried out to advise the preparation of the London Mooring Strategy.

7.32 The initial findings had indicated that boat numbers on London’s waterways were continuing to grow and the supply of long term moorings is not enough to meet demand.

7.33 On the basis of this information that was provided, it was considered by the Council that there was still a significant and unmet demand for moorings in the South East and that as only minimal works

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were required at the site to enable the use this amounted to the very special circumstances sufficient to outweigh the relatively limited harm to the openness from the development.

7.34 Demand for moorings has increased since 2016 as confirmed in the CRT’s London Mooring Strategy; the proposal provides 168 much needed moorings. It would also generate the need for more employment. The existing marina business employs 6 full time employees. The marina extension will generate the need to employ a further 8 employees. 4 would be required in the maintenance area, 2 additional ground and maintenance staff, 1 in the café and 1 marina admin clerk. Thus, the provision of 168 moorings with minimal impact on the openness of the green belt and the creation of new employment would satisfy the requirement to demonstrate the very special circumstances required.

7.35 The current proposal is for 168 berths which is a reduction of 72 when compared to the previous application for 240 berths.

7.36 The previous proposal had also included an extension to the existing facilities building in order to provide additional toilet, shower and washing facilities. The latest application proposes a new toilet facility building to the west of the lake and adjacent to the new moorings rather than extend the existing building. The applicants do not believe that it would be acceptable to make the moorers walk from the new moorings to the current facilities building to use the facilities; they also believe that some moorers would probably use their car rather than walk, particularly in poor weather which would create unnecessary on-site vehicle journeys.

7.37 Apart from the small area of hardstanding proposed in the south western corner and a slipway into the marina basin in order to allow for the safe removal of boats from the water in order to carry out essential maintenance, the two applications are very similar, albeit the latest application is for a smaller scale development than that previously proposed.

7.38 The aforementioned application for an extension to the existing marina was refused at Committee and the Decision Notice confirmed two reasons for refusal. The first confirmed that the proposal would adversely impact on the openness, character and visual amenity of the area and undermine the recreational value of the lake and surrounding area for existing boat owners, local residents and visitors to the Lee Valley Regional Park. As such it represented inappropriate development in

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the Green Belt and there were no very special circumstances to outweigh the resultant harm.

7.39 The second reason confirmed that the proposal would unduly exacerbate the traffic movements into and out of the towpath access road from the High Street access which would be severely detrimental to highway and pedestrian safety.

7.40 The revised proposal has addressed these reasons for refusal.

7.41 The latest proposal is for 168 berths which is some 72 berths less than the previous proposal. The current proposal would therefore have much less impact on the openness, character and visual amenity of the area. We also disagree that the proposal would undermine the recreational value of the lake and surrounding area for existing boat owners, local residents and visitors to the Lee Valley Regional Park. The Officer’s report for Committee on the previous proposal confirmed that the demand for moorings that had been demonstrated by the applicants, satisfied the very special circumstances to allow the inappropriate development. This was based on the preliminary results of the survey that was later used to advise the London Mooring Strategy Report which is referred to above and confirms that there is currently excess demand for moorings in the London area which includes the River Stort and that this demand is expected to increase.

7.42 Since the publication of the report, the Covid-19 pandemic has resulted in significant changes of behaviour with regard to recreation and travel.

7.43 The ongoing need for quarantine following some foreign travel has resulted in more UK residents deciding to take their holidays within the UK.

7.44 This has resulted in significant demand for holiday accommodation including moorings for narrow boats.

7.45 All marina owners in the UK are currently reporting a significant increase in demand for moorings.

7.46 The second reason for refusal related to vehicle movements along the access road from the High Street in Roydon. We note that Essex County Council Highways had no objections to the previous proposal and therefore the reason for refusal was contrary to the advice that Highways had provided.

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7.47 However, the Applicants have discussed this matter with residents and the Parish Council and have listened to and understood some of the concerns that were raised. This matter will be addressed later in the report.

7.48 The proposed extension to the existing marina will require very little in terms of new infrastructure in order to provide much needed and in demand moorings which have previously been considered to satisfy the very special circumstances required in order to permit this type of development in this location.

7.49 The scheme has been redesigned to take account of some of the reasons for the previous refusal and the proposal is compliant with those policies that are relevant when considering the principal of development.

7.50 The proposal therefore complies with the requirements of the relevant policies relating to development in the Green Belt including para’s 134, 143, 144 and 145(b) of the Framework, policies GB2A, BB10, RST7, RST23, RST25, DBE4 and ST1 in the Local Plan 1998, altered 2006 and policies SP1, SP6, E4 and DM4 of the submission version of the Emerging Local Plan 2017.

7.51 Landscape, Visual Impact and Loss of Open Water

7.52 A comprehensive Landscape and Visual Impact Assessment has been prepared and submitted with the application. A copy of the report and its appendices can be found in Appendix Ia, with a separate Arboricultural Impact Assessment (and method statement) included as Appendix Ib.

7.53 The site is not located within any statutory landscape designations; however, it does lie within the Lee Valley Regional Park.

7.54 The assessment considers the potential impact of the proposed new moorings and toilet block located to the west of the existing marina and also the potential impact from the proposed widening and improvements to the access road along the towpath from Roydon High Street to Roydon Mill.

7.55 The Applicants have taken an iterative approach to the design of the proposed development, this approach was very important when considering how to improve the access road for all users including pedestrians, cyclists and those using motor vehicles.

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7.56 The initial design proposed extending the existing road to the north. This would have been achieved by sheet piling into the soft edge bank along most of the length of the existing road, backfilling and extending the roadway. Following detailed discussions with the Canal and River Trust which involved engineers and ecologists, it was concluded that this option could potentially have a detrimental impact on the navigation by narrowing the channel and the loss of the soft edged bank could have a significant impact on biodiversity and ecology.

7.57 An alternative approach was therefore taken which involved widening the access road to the south by maximising the width of the road within the CRT ownership and extending the width of part of the road onto agricultural land to the south.

7.58 This option avoided any adverse impact on the navigation or biodiversity and ecology through the loss of the soft edged bank. It does, however, require removal of a row of mature poplars which are considered to be over mature and potentially posing a risk to users of the towpath and the navigation itself.

7.59 Similar poplars that were believed to be planted at the same time growing alongside the railway and adjacent to the road bridge have recently been removed for safety reasons.

7.60 The removal of the poplars has been considered fully in the Landscape Assessment and mitigation proposed in the form of additional planting using indigenous species of native trees with understorey planting along with open grass areas. This area of planting can be seen on drawing reference LakeRM-1-1-006G in Appendix C. Both the landscape consultants and ecological consultants have provided input into the design of this new belt of planting to ensure that it delivers the necessary mitigation in terms of landscape whilst helping to deliver biodiversity enhancement.

7.61 The proposed marina extension itself lies immediately adjacent to the existing marina and would therefore be seen in the same context. A number of viewpoints have been assessed within the Landscape Assessment and the low-lying nature of the lake which is surrounded by mature and semi mature vegetation helps to minimise any potential landscape impact.

7.62 The additional moorings, parking and toilet block building would be apparent from some viewpoints to the south and south east of the site however, they would be seen within the context

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of the existing railway embankment and existing marina development. The mature and semi mature woodland precludes views from the north and west and the ridge line to the south curtails medium and long range views. The removal of the poplars alongside the access road will result in a major change visually in the short term by opening up intermittent views across rising farmland from the Stort Valley Way, however the impact is not deemed to be adverse. Over time the new planting would be more in keeping with the native blocks of woodland further along the towpath and would provide space for long term forest scale native trees to mature. As the vegetation matures it would allow views through to the farmland beyond. Although the ecological appraisal found that the row of poplars has a high value as an ecological corridor, the proposed wider belt of mixed native trees and understorey planting is expected to have a higher ecological value. Consequently, the report concludes that the overall effect on both land cover and visual amenity is judged as slightly beneficial.

7.63 Whilst the potential overall effect on the local landscape character area is judged to be neutral/slight adverse, the development is seen within the context of the existing elements within the landscape, including the existing marina, railway line and sewage treatment works beyond. The overall impact on land form is therefore generally considered to be very minor and as such considered to be neutral. Whilst there would be some loss of open water, this should be seen within the context of the wider Lee Valley Regional Park which has substantial areas of open water that will remain unaffected by the proposal and policies contained within the local plans and the Lee Valley Regional Park Plan which encourage water based recreation and development within the park.

7.64 The report concludes that overall it is considered that the neutral/slight beneficial effects on land cover and landscape features, the neutral/slight adverse effects on landscape character and the limited nature of the slight beneficial - moderate adverse effects on visual impacts mean that the landscape and visual resource of the study area is capable of accommodating the proposed development.

7.65 This conclusion concurs with the conclusion reached by the Planning Officer in the Officer’s report prepared for Committee on the previous application which concluded

• “The planning application was submitted with a full landscape assessment including

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mitigation and a landscape strategy. The site is well screened by existing trees and additional landscaping and planting are proposed. Whilst the car park areas and indeed the boats themselves will have a visual impact within the site, it is not considered that there will be excessive impact from viewpoints outside the site. Given the low lying nature of the site it is not considered that the scheme will have a significantly adverse impact on the landscape or visual amenity of the locality”.

7.66 The first reason for refusal for the previous application referred to an adverse impact on the openness, character and visual amenity of the area which would undermine the recreational value of the lake.

7.67 Concern was raised with regard to the previous proposal that it would result in a significant loss of the area of open water in the lake which would diminish the attractiveness of the marina and the surrounding area. The Officer’s Report for Committee on the previous proposal referred to a potential loss of open water of 90% of the lake being utilised for mooring.

7.68 We are unsure where this figure was obtained from. The current area of open water in the lake totals approximately 6.18 hectares and the new jetties and moorings will occupy 2.68 hectares of this area which represents a 43.4% reduction.

7.69 This still leaves 3.5 hectares of open water space remaining in the lake.

7.70 This area of open water should also be considered in the context of the wider area. There are substantial bodies of open water located to the west at Rye Meads and Glen Faba to the south with Nazing Mead also located to the south of Glen Faba.

7.71 The loss therefore of approximately 2.68 hectares of open water would be negligible when considered in the context of the wider area.

7.72 Roydon Mill Marina and its associated environs have previously been identified as an area that would be suitable for the expansion of further water based recreational development and it makes a considerable amount of sense to expand (within reason) existing facilities in order to make use of existing infrastructure rather than seeking to create completely new facilities elsewhere.

7.73 We are therefore of the opinion that the proposed development accords with the relevant policies

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relating to landscape within the reviewed Local Plan and the emerging District Local Plan, including policies GB10, RST24, DBE4,LL1, LL2, LL10, and LL11 of the Reviewed Local Plan and policies SP7, DM3 and DM9 of the emerging plan.

7.74 Ecological Impact

7.75 Whilst potential impact on ecology was not stated as a reason for refusing the previous proposal for an extension to the marina, the Applicants are very aware that the proposed development is located in close proximity to sites of high ecological value with both European and national designations. As such a significant amount of work has been undertaken to fully assess the potential impacts of the proposed development on protected species and their habitats.

7.76 The following ecological assessments and reports have been prepared and submitted with the application, copies of which can be found in Appendices Ja-Jc.

• Extended Phase 1 Habitat Assessment including Bat Scoping Survey for the Marina Extension and Associated Infrastructure dated October 2019 and updated August 2020 (Appendix Ja1);

• Extended Phase 1 Habitat Assessment including Bat Scoping Survey for the Proposed Road Widening Scheme dated June 2020 updated September 2020 (Appendix Ja2);

• Bat Activity Survey Report dated February 2020 (Appendix Jb4);

• Breeding Bird Survey Report dated January 2020, updated May 2020 (Appendix Jb3);

• Winter Bird Survey Report dated January 2020 (Appendix Jb2);

• Otter Scoping Assessment and Water Vole Survey dated July 2020 (Appendix Jb1);

7.77 The proposed development is not materially different to the previous proposal that was determined in 2016, although the latest proposal is significantly smaller in scale with only 168 berths proposed rather than the 250 berths proposed previously.

7.78 The surveys and reports submitted with this application have also taken into account the previous surveys and reports that were carried out prior to submission of the previous application in 2015.

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7.79 Whilst the site itself is not covered by any statutory or non-statutory nature conservation designations, the site is in close proximity to the Lee Valley RAMSAR and Special Protection Area (SPA) and the Rye Meads Site of Special Scientific Interest (SSSI). It is also in relatively close proximity to the Hunsdon Mead SSSI.

7.80 The previous proposal for 250 berths was screened for EIA, the Council confirmed that the development did constitute EIA development and as such an Environmental Statement was not required.

7.81 Natural England were consulted on the previous application and provided with copies of the surveys and reports that had previously been carried out. In their response on 27 April 2016 they noted that the Council had not carried out their own habitat’s regulations assessment.

7.82 They also provided the following advice for the Council:

• “The proposal is not necessary for the management of the European site.

• The proposal is unlikely to have a significant effect on any European site and can therefore be screened out from any requirement for further assessment.”

7.83 They went on to confirm that

• “Although the application site is in close proximity to the Rye Meads component of the Lee Valley SPA and RAMSAR site, it is separated from it by the River Stort and a busy railway line, which effectively rules out most potential impact pathways with the exception of noise and lighting. The scale and character of the proposed development is not likely to result in a significant increase in either noise or lighting.”

7.84 They also commented on the potential impact of the proposed development on nationally designated sites confirming that

• “This application is in close proximity to the Rye Meads Site of Special Scientific Interest (SSSI). It is also in relatively close proximity to the Hunsdon Mead SSSI. Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest feature for

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which the sites have been notified. We therefore advise your authority that these SSSIs do not represent a constraint in determining the application.”

7.85 Natural England also confirmed that they were not intending to comment on the potential impact of the proposed development on local sites, local landscape character, local or national biodiversity priority habitats and species or protected species.

7.86 They also confirmed that the application may provide opportunities to incorporate features into the design which are beneficial to wildlife and advised that the Council should seek biodiversity enhancements as part of the scheme.

7.87 As the proposed development is smaller in scale than the previous proposal and taking account of the fact that there have been no material changes to the designations of the Lee Valley RAMSAR and SPA and Rye Meads and Hunsdon Mead SSSIs, we believe it is safe to assume that the Council and Natural England, when carrying out the required habitat assessment, are likely to reach the same conclusion, i.e. the proposed development will not have an adverse effect on European or nationally designated sites.

7.88 The nature of the development does, however, have potential to have impacts on local wildlife and possibly protected species and their habitats.

7.89 The comprehensive assessments referred to above and submitted in support of the application have carried out detailed surveys and assessments of the potential impact of the proposed development on local wildlife, they have also considered the potential enhancements for biodiversity that could be incorporated as part of the scheme.

7.90 The conclusions are set out clearly in the individual reports, however they are, in summary

• Bats – The site is used as a commuting and foraging resource by at least four bat species with bat activity recorded throughout the entirety of the site. The activity is more prevalent within the south western section of the site where the marina extension is proposed. The semi natural broad leafed woodland surrounding the site’s south western boundaries and dense scrub along the north western bank of the lake are considered to be of most value to foraging and commuting bats. The majority of linear features on site,

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dense scrub and woodland surrounding the lake are to be retained as part of the proposal with some small areas of dense scrub to be removed in order to accommodate access and parking spaces. However, the proposed access road follows the route of an existing access track and the removal of a small amount of scrub habitat would have a negligible impact on foraging and commuting populations.

Whilst foraging activity over the lake was predominantly within the south western area where some of the marina extension is proposed, it is highly unlikely that the loss of a small area of water given the number and extent of other water bodies within the local vicinity is likely to have any impact on the overall conservation status of bat species using the lake.

The report also noted that a sensitive landscaping and lighting scheme will be included to retain habitats and to avoid illuminating areas of most value to bats.

• Breeding Birds – A total of 48 bird species were recorded within and adjacent to the site during the surveys, however it is not possible to confirm whether all of the bird species noted are breeding on site. The majority of species recorded were within the dense scrub and woodland, outside the footprint of the proposed marina extension area, although a number of wetland species were also recorded breeding on the lake including Canada goose, coot, great crested grebe and mallard.

A number of other species were noted as possibly using the lake including Egyptian geese, gadwall, grey heron, kingfisher and tufted duck.

The dense scrub and woodland present on the boundaries of the site are largely due to be retained therefore the impact on scrub nesting species will be minor. The loss of open water will potentially reduce the amount of breeding habitat available.

The report sets out a number of recommendations in order to mitigate and minimise the impact on breeding birds. These include:

- Scrub and trees should be retained and enhanced with planting wherever possible to maximise the nesting habitat;

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- Vegetation suitable for nesting birds should be removed outside the nesting bird season (March to August inclusive) to avoid destroying active nests;

- Disturbing construction works should be commenced outside the bird nesting season to avoid abandonment of established active bird nests by noise sensitive species;

- Bird nesting habitat on the edges of the lake should be enhanced by planting areas of common reed and enhancing scrub habitat on the bank;

- The construction of at least one wildfowl raft at the south western end of the lake will enhance the site for wetland species;

- The erection of bird boxes on trees will enhance the area for hole/cavity nesting birds such as great tit and woodpeckers. Boxes designed for starling or house sparrow would be of particular value as these species were notably absent from the site.

• Winter Birds – The latest report relies on surveys that were undertaken in winter 2015/2016, since which time the habitats of the lake and its surroundings are essentially unchanged with respect to their suitability for over wintering birds. A total of 39 bird species were recorded within and adjacent to the site during the four survey visits.

Of the species recorded, three are included in the Lee Valley RAMSAR site designation, cormorant, coot and tufted duck.

Given the relatively low numbers of birds using the Roydon Marina site it is considered unlikely that the proposed development will have a significant detrimental impact on these species or the status of the nearby RAMSAR site, SPA site or SSSI site. The loss of over wintering bird habitat resulting from the marina extension is likely to have an impact however and the report includes a number of recommendations in order to mitigate for this potential loss, these include:

- The existing island should be protected from disturbance;

- Bird habitat on the edges of the lake should be enhanced by planting areas of common reed and enhancing scrub habitat on the bank;

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- The construction of at least one wildfowl raft at the south western end of the lake will enhance the site for wetland species.

• Phase 1 Habitat Assessments - These consider the proposed development in the context of its overall impact. The reports recommend the further surveys that have been carried out and submitted.

The report relating to the proposed access road expansion identifies that the trees and vegetation within the site have a high value as an ecological corridor. The row of poplar trees is due to be removed to enable road widening, however, they are due to be replaced by mixed native trees and understorey planting which is expected to have a higher ecological value. The site also contains suitable habitat for bats, nesting birds and reptiles.

The report makes a number of recommendations including:

- If possible, the new planting of trees, shrubs and grassland should be carried out prior to the removal of the existing trees;

- Further surveys will be required to demonstrate the absence of otters or water voles prior to works commencing to modify the existing wet ditch;

- Precautionary working methods should be employed to avoid harm to reptiles;

- Some of the poplar trees will require soft felling to minimise the risk to roosting bats;

- In order to avoid detrimental impact on bats there should be no further light spill onto suitable habitats;

- Care should be taken when removing scrub and shrub vegetation to avoid harm to hedgehogs;

- Vegetation should only be removed outside the bird nesting season.

As detailed above, the report notes that the poplars and line of existing vegetation is to be removed to enable the road widening. The report also comments that their replacement with mixed native trees and understorey planting is expected to have a higher ecological

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value.

We refer to section 8 in the report.

The proposed works to widen the existing access road to include a dedicated pedestrian footpath include the construction of a swale running parallel to the footpath which will link the dry ditch in the north to the existing wet ditch in the south. Undertaken sensitively these works provide an opportunity to enhance the ecological corridor alongside the road by increasing connectivity and adding diversity to the habitats present.

The report also refers to the further guidance that will be consulted when designing the proposed improvements to the wet ditch which are required as part of the surface water drainage works.

The new planting will also include areas of grassland. Please refer to drawing reference LakeRM-1-1-006G in Appendix C which provides further detail regarding the proposed planting scheme.

The grassland will include areas of informal meadow which will be seeded with a species rich wildflower grassland mix to provide foraging opportunities, particularly for pollinating invertebrates. A grassland management scheme will be designed and implemented taking into account the recommendations made within the report. It is envisaged that a wildlife management plan will be required under condition if planning permission is granted.

• Otter Scoping Assessment and Water Vole Survey – As the proposed development includes works both within and immediately adjacent to the water course and the lake, an assessment of its potential impact on otters and water voles has been completed. Surveys were undertaken in October 2019 and June 2020. No evidence of otters or water voles was observed during the surveys within the proposed development areas. Evidence of both species was recorded outside the proposed development boundary along the River Stort south of the site and along the canal to the east of the site.

The report makes a number of recommendations which will be implemented if planning permission is granted and the development proceeds.

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• Ecological Mitigation and Enhancement Scheme – The ecological assessments referred to above confirm that the proposed development only has limited potential for adverse impact on wildlife, however, in order to ensure that the development delivers a net benefit to biodiversity and ecology, a number of improvements are proposed in order to mitigate any potential harm and deliver enhancements where possible.

The report entitled “Ecological Mitigation and Enhancement Scheme August 2020” provides further detail.

In addition to implementation of standard procedures which are referred to under the Habitat Management and Enhancement section in the Non-Technical Summary, the scheme also proposes the creation of a proposed new wildflower meadow measuring approximately 0.25 hectares which will be created adjacent to existing woodland to the south east of the lake. Three log piles will be created on the south eastern edge of the scrub vegetation near the southern corner of the lake along with a reptile hibernation refuge which will be installed to the rear of the maintenance yard. Scrub habitat close to the southern corner of the lake will be enhanced to maintain cover whilst improving the quality and diversity of the scrub and marginal habitat will be enhanced by the addition of planting of native locally indigenous aquatic and marginal plant species.

All proposed lighting will be directional and low intensity to minimise the impact on bats. Further details on the lighting scheme can be found in Appendices Ha-Hd. Five bat boxes will be installed, these will be either integrated into the proposed new toilet block or installed on mature trees.

Two house sparrow boxes will be built into the new toilet block and two starling nest boxes will be installed on trees to the south east of the lake. Wetland bird wintering and nesting habitat on the edges of the lake will be enhanced by creating a new area of reed bed totalling approximately 0.25 hectares.

Two wildfowl rafts will be constructed in the south eastern part of the lake to enhance the site for species such as great crested grebes and coots.

A plan detailing the proposed works can be found in Appendix 3 to the Mitigation and

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Enhancement Report.

It is anticipated that suitable conditions can be applied should planning permission be granted to ensure that the works are completed in such a way as to minimise the potential impact on biodiversity and ecology and that the proposed mitigation and enhancement works will be completed and managed in the longer term to deliver significant benefits and enhancements.

7.91 The proposal therefore complies with the relevant para’s in the Framework an policies NC4, NC5, RP3 and RP5A in the reviewed Local plan and policies SP7, DM2 and DM5 in the emerging District Local Plan.

7.92 Transport, Highways and Parking

7.93 The previous planning application for a similar but much larger development comprising an additional 240 berths and 120 car parking spaces was refused on two grounds, the second related to vehicle movements into and out of the marina using the towpath access road from the High Street which the Council’s Planning Committee determined would be detrimental to highway and pedestrian safety.

7.94 We note that this reason for refusal was contrary to the advice provided by Essex County Council Highways in their response to the planning application dated 23 June 2016 who confirmed:

• “The Highway Authority has considered the above application, visited the site and thoroughly assessed the submitted transport information and has concluded that the proposal is not contrary to national/local policy and current safety criteria.”

• “Consequently, the Highway Authority has concluded that the proposal will not be detrimental to highway safety, capacity or efficiency.”

7.95 However, it would appear that the Planning Committee decided to disagree with the statutory consultee’s response and referred to highway and pedestrian safety in the second reason for refusal.

7.96 In the intervening period between refusal of the previous application for the larger scheme in 2016

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and this latest application for the reduced number of moorings of 168, Roydon Mill Marina has changed hands.

7.97 The new owners, Lakeland Leisure Estates Limited invited representatives of the Parish Council and the local ward member to meet with them at Roydon Mill on 9 October 2019 to discuss their proposals and to listen and understand the concerns of the local residents and Parish Council.

7.98 It was clear from the discussions at the meeting that the Parish Council’s and residents’ main concerns related to the access road and vehicle movements.

7.99 Following the meeting the Applicants and their agents entered into discussions with the Canal and River Trust (CRT) who own the towpath and access road.

7.100 The Applicants put forward a number of different options for widening the access road in order to enable two vehicles to safely pass and provide a dedicated footpath for pedestrians.

7.101 The proposal to widen the access road to the north was discussed and rejected for a number of reasons including reduction in the width of the navigation and potential impact on wildlife via the loss of the soft edged bank.

7.102 Following those discussions, the Applicants concentrated on the alternative proposal which was to widen the access road to the south.

7.103 In consultation with their transport consultants, plans were prepared and submitted to Essex County Council Highways for pre application consultation.

7.104 The proposals involve widening of the roadway to the maximum width possible along its entire length to allow for the creation of a dedicated footpath for pedestrians.

7.105 Full details of the proposed widening can be found in the Transport Assessment in Appendix Kc and the Design and Access Statement.

7.106 A copy of the formal response from Essex County Council Highways can be found in Appendix Kb. The proposals put forward by the Applicants and their transport consultants considered making improvements to the highways junction itself. Highways confirmed that they were quite happy for the junction to stay as it is given that the access has always seemed to function very well despite

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perceived safety concerns regarding it and that there are no recorded accidents at the access or in the vicinity for the last five years.

7.107 Highways appreciated that the client is keen to overcome local and member perceptions of highways safety issues but that implementing a mini roundabout as suggested by the parish was much more likely to create safety issues that don’t exist at the moment. Consequently, Highways would not be supportive of a mini roundabout.

7.108 Highways did, however, confirm that they would strongly encourage any improvements that can be achieved to pedestrian and cycle access to the site.

7.109 Their comments with regard to the proposal to widen the towpath access included a strong encouragement for improvements that allowed for two vehicles to pass whilst commenting that if it was widened too much vehicle speeds could increase. They reconfirmed that they would be fully supportive of any improvements to walking and cycling along its length.

7.110 Taking into account the concerns raised by the Parish Council and local residents and the comments received by Highways, the proposed improvements to the access have focused upon widening the towpath access to ensure as far as possible two vehicles can pass and that there is a dedicated footpath for pedestrians running along the entire length of the access road from the High Street to the bridge.

7.111 Please refer to drawing reference LakeRM-1-1-006G in Appendix C.

7.112 A Transport Assessment has been prepared and submitted with the application; a copy can be found in Appendix Kc. The assessment fully considers the potential impact of the proposed development on the highways network. The report includes a detailed assessment of anticipated vehicle movements.

7.113 The report concludes that the proposed development will generate a maximum of just 14 movements (equivalent to seven two way movements) during any peak hour (the Saturday peak) with just 13 movements (equivalent to 6.5 two way movements) in the week day AM peak period and 11 movements (equivalent to 5.5 two way movements) in the week day PM peak period.

7.114 This is a low level of traffic generation and will not have any significant impact on the wider

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network.

7.115 The Council’s requirements for car parking is for up to one car parking space per two mooring berths, the proposal therefore requires up to 84 parking spaces along with sufficient cycle and motorcycle parking.

7.116 A total of five disabled bays are also required.

7.117 The proposed development provides sufficient parking spaces to accommodate the statutory requirements.

7.118 Paragraph 109 of the National Planning Policy Framework states

• “Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.”

7.119 The proposed development will have no significant adverse transport related impact, and clearly not a severe impact.

7.120 There are, therefore, no transport or highways related grounds under the Framework on which to object to the proposed development.

7.121 Flood Risk, Drainage and Hydrology

7.122 It is noted that neither the Council’s Land Drainage Team nor the Environment Agency raised any objection to the previous proposal subject to conditions regarding foul and surface water drainage.

7.123 The latest proposal is not materially different to the previous proposal apart from a reduction of 72 berths and 21 car parking spaces.

7.124 A comprehensive Flood Risk Assessment has been prepared and submitted with the application; a copy can be found in Appendix E.

7.125 The assessment considers the proposed development in the context of statutory requirements and notes that the proposed development is a ‘water compatible’ development and is appropriate in all flood zones without requiring an exception test whilst the sequential test is passed.

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7.126 All forms of flood risk have been considered in the assessment with the only significant risk being from fluvial sources associated with the River Stort.

7.127 All aspects of the proposed development have been designed to be safe from flooding during an extreme event and will meet requirements; in that areas required to remain operational during a flood, will remain operational. The development will not adversely impact upon flood storage and there will be no impediment to flood/water flows, neither will there be any increase to offsite flooding.

7.128 The report confirms that all aspects of the proposed development are acceptable in principle in relation to flood risk, surface water drainage, foul drainage and water resources and any further information required is detailed design information that is appropriate to secure by means of appropriate planning conditions if permission is granted.

7.129 There are no flood risk, surface water drainage or water resource related grounds under the National Planning Policy Framework on which to object to the proposed development.

7.130 With regards to hydrology, the Canal and River Trust will be asked to comment on whether the proposed marina extension is likely to have an adverse impact on hydrology within the local area and more specifically on the operation of the CRT’s network.

7.131 The Applicants and their agents have discussed the proposed extension with the CRT, they have also submitted an ‘expression of interest’ to the CRT and have received a response which identified a number of issues that needed to be resolved. One of these issues related to hydrology and, in particular, the need for a Stage 2 Water Resource Study to be carried out.

7.132 However, following further discussions, the CRT have agreed that as there was a Stage 2 Water Resource Study carried out in 2016 which assessed the potential impact of a further 252 berths which is greater than the 168 now proposed, there will be no need to commission a further Stage 2 study as long as the recommendations in the original Stage 2 report are implemented.

7.133 A copy of the 2016 Stage 2 Water Resources Study can be found in Appendix Da.

7.134 The Applicants have confirmed to the CRT that they are prepared to implement the recommendations in the report subject to further discussions with the CRT and the Environment

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Agency. We assume that this matter can be suitably conditioned if planning permission is granted.

7.135 As the Applicants have discussed the proposal with the CRT and have confirmed that their previous recommendations will be adhered to, it is not anticipated that the CRT will have any objection to the proposed development which will help to deliver some of the much needed additional moorings identified in the CRT’s Strategy for Moorings in London which itself identifies a drastic shortage in mooring facilities.

7.136 In the absence of any objection from the CRT and no evidence that the development will have any adverse impacts on the waterway, the proposed development accords with policy RST7 of the adopted Local Plan.

7.137 Residential Amenity

7.138 The proposed development will result in some increased vehicle movements along the towpath access road; however, the estimated numbers are not significant enough to have an adverse impact on the residential amenity of existing residents in the vicinity.

7.139 The proposed marina extension itself is located a significant distance from existing residential properties and is unlikely to have any adverse impact itself on residential amenity.

7.140 During the construction phase it is possible that there may be a slight increased level in disruption and noise, however the proposed development does not require any significant amount of construction works so this disruption will be minimal.

7.141 Trees and Hedgerows

7.142 The proposed development involves the removal of existing vegetation in two areas:

1. Alongside a section of the access road that is due to be widened;

2. Around the marina extension itself to facilitate the creation of some car parking areas and the hardstanding for boat maintenance and slipway.

7.143 Both areas have been assessed in the arboricultural report.

7.144 The trees to be removed alongside the access road include poplar, hawthorn, field maple, oak and

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cypress.

7.145 A small number of crack willow will need to be removed around the lake to facilitate the marina extension.

7.146 The report concludes that the access road widening and footpath installation will require the removal of trees but there is no alternative with regard to the location of construction and as such replacement planting must therefore be accommodated in mitigation.

7.147 A significant amount of new planting is proposed adjacent to the widened section of access road and new footpath as detailed on plan reference LakeRM-1-1-006G in Appendix C.

7.148 The proposed removals around the marina extension area are minor in nature and would have no significant impact on the arboricultural or landscape value of the area.

7.149 The report also provides information with regard to the tree protection that will be installed during the construction phase to ensure that all other trees on the site remain unaffected by the proposed development.

7.150 The proposal therefore complies with the requirements of policy LL7 in the reviewed Local Plan and policy SP7 in the emerging District Local Plan.

7.151 Other Issues

7.152 A number of concerns were raised in response to the previous application regarding the adequacy of sanitation facilities and waste storage and collection from the site.

7.153 Since purchasing the site in 2018 the current owners and Applicants, Lakeland Leisure Estates Limited have made a significant number of improvements to the site. Access roads and car parking areas that were previously badly rutted and muddy during the winter months have been resurfaced with permeable tarmac.

7.154 The foul sewer pipes serving the Elsan point have been renewed and has resolved the problems that the Applicants inherited from the previous owners. Checks have been made to the foul drains serving the pump out facility and the facilities building and all have been found to be operating correctly with no problems or issues.

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7.155 They have replaced a considerable number of collapsed sewers on the residential area of the park and are continuing with a programme of maintenance and improvement.

7.156 A pumping station with a holding tank will be installed to serve the proposed new toilet block. The holding tank will have sufficient capacity for at least three days and the pumps will operate at night taking the foul from the holding tank to the mains sewer to ensure that this facility does not impact on the existing capacity.

7.157 The Applicants introduced measures for recycling waste following their purchase in 2018, unfortunately, the service had to be withdrawn as the waste contractor declined to collect the recycling bins as they were being filled with mixed waste. The Applicants are keen to reintroduce this and are intending to do so during the latter part of 2020.

7.158 It is assumed that further details will be required with regard to the proposed foul water pumping station and holding tank and proposals for waste recycling and that these matters will be dealt with under condition if planning permission is granted.

8.0 SUMMARY AND CONCLUSION

8.1 Roydon Marina, which forms part of the residential and recreational complex known as Roydon Mill Marina Village is a very successful marina providing offline berths for all forms of river craft. It is connected to the River Stort via an existing lock connection and is well served with existing facilities including car parking facilities building incorporating toilets, showers, laundry room and a small café, pump out facilities and refuelling, established vehicular access onto the highway network and excellent access to public transport via the railway station in Roydon and bus stops.

8.2 The Applicants purchased Roydon Mill Marina Village in 2018; since then they have carried out a significant amount of improvements within the park and have carried out a thorough evaluation of the existing operations in order to identify areas where they could be improved or indeed expanded.

8.3 They note that the previous owners submitted an application in 2015 for an extension to the existing marina that would provide an additional 252 berths and associated car parking. Although the application was recommended for approval by the Planning Officers who were satisfied that

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the proposal satisfied the need for very special circumstances, the Planning Committee refused on the grounds that the marina extension would have an adverse impact on the openness, character and visual amenity of the area and undermine the recreational value of the lake and surrounding area for existing boat owners, residents and visitors to the Lea Valley Regional Park and that the proposal would be detrimental to the highway and pedestrian safety.

8.4 The Applicants and their agents have carefully considered the previous proposal and in particular the reasons for refusal.

8.5 They have met with members of the Parish Council and local residents to discuss the proposed development and following those discussions, made a number of significant changes to the proposal in order to accommodate the concerns, particularly those relating to the vehicular and pedestrian access along the towpath.

8.6 The Applicants have discussed the proposed development with Essex County Council Highways who have confirmed that they have no concerns with regard to the existing vehicular access, however they would have concerns with a mini roundabout as proposed by some local residents.

8.7 They did, however, confirm that they would support measures to improve the towpath access, particularly for pedestrians and cyclists by widening the road if possible and creating a dedicated footpath.

8.8 The Applicants have incorporated these ideas into the proposal which includes a widening of the existing towpath access and the provision of a dedicated footpath for pedestrians.

8.9 The Applicants have also recognised that the scale of the previous proposal had caused concern and have thus reduced the proposed moorings from 252 to 168.

8.10 This reduction in scale ensures that approximately 56% of the open water remains unaffected by the proposed development.

8.11 The Applicants currently have 130 people on the waiting list for moorings at the existing marina demonstrating there is a significant demand for moorings at Roydon.

8.12 The CRT published a strategy for London moorings in 2018 which confirms that there is rising

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demand for moorings and boating facilities in the London region and that current demand is greater than supply.

8.13 The impact of the proposed development on ecology, landscape, flood risk and transport has been assessed by specialist consultants, in most areas the proposal would have no significant adverse impact. In those areas where a minor impact is considered, possible mitigation has been proposed in order to offset the potential impact.

8.14 The proposed development has been considered in the context of its compliance with national and local planning policies and whilst it is considered inappropriate development in the Green Belt, the very special circumstances exist through the creation of moorings that are in great demand and the creation of 8 full time jobs. Furthermore, the extension only requires a minimal amount of development in order to provide the additional moorings as it makes use of the infrastructure serving the existing marina. The proposal therefore does not require the same amount of built infrastructure that would be required if a new marina was created to provide the 168 berths thus making the proposed development highly sustainable.

8.15 We believe that the proposal would deliver a much needed recreational resource at a location that already possesses the necessary infrastructure in which to absorb the proposal with little or no impact. The proposal also includes works to the existing towpath that will be of significant benefit to existing users of Roydon Mill Marina Village and the general public making use of the towpath.

8.16 The proposal is in accordance with both national and local planning policies and we dutifully request that planning permission is granted.

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