Planning Applications for Determination

PLANNING AND REGULATORY COMMITTEE

22nd May 2018

PLANNING APPLICATIONS FOR DETERMINATION

Item 1: 07/17/0352/O

Location: Land North and South of Andrews Lane and South of Peakes Way, Cheshunt

Description: Demolition of existing buildings at Garry Ross Farm and development of a mixed use scheme to include a new linear park and comprising up to 380 dwellings, 64 bed care home, local centre comprising up to 604 sqm of A1, A2, A3, A4, A5 and D1/D2 uses and associated ancillary facilities, a primary school, improved recreational, leisure and sporting facilities and associated open space, landscaping and car parking provision as well as private and communal amenity space.

Applicant: Crest Nicholson Ltd

Agent: RPS CgMs

Date Received: 07/04/2017 Expiry Date: 07/07/2017

Item 2: 07/17/0864/O

Location: Tudor Nurseries, Burton Lane, Cheshunt

Description: Demolition of existing buildings and construction of up to 360 dwellings [use class C3] including affordable homes, family housing and ‘retirement village’, retail unit up to 500sqm [use class A1], associated open space, drainage features, vehicular, pedestrian and cycle accesses and ancillary infrastructure and ground works.

Applicant: CEG Land Promotions Ltd

Agent: Code Development Planners Ltd

Date Received: 22/08/2017 Expiry Date: 21/11/2017

Item 3: 07/17/1267/O

Location: Langdons & Ballymour, Andrews Lane and Land Between Andrews Lane and Burton Lane, Goffs Oak, Herts, EN7 6SP

Description: Outline application for up to 60 dwellings including associated access

Applicant: Mr Spitaliotis and Mr Brunton

Agent: DLA Town Planning Ltd

Date Received: 11/12/2017 Expiry Date: 12/03/2018

Officer Contact: Peter Quaile Date of Committee: 23/05/2018

Ward Councillors: Leader of the Council; Cllr Moule; Cllr Jeremy Pearce

RECOMMENDED that planning permissions be granted subject first to submission to and clearance by the Secretary of State, the applicants completing planning obligations under s.106 of the Town and Country Planning Act 1990 (as amended) for the terms set out in this report and the conditions in respect of each application in the Appendix at the end of this report.

Background

The two larger major outline applications relate to land to the north and south of Rags Brook and encompass much of the area lying between Peakes Way at the northern extremity and Goffs Lane to the south. The northern application which in total encompasses an area of nearly 44 hectares [ha] seeks permission for up to 380 dwellings, a 64 bed care home, a two form of entry primary school, a linear park and a small commercial centre. The southern portion proposes up to 360 dwellings, a retirement village and a local convenience store on a site area of 15.6ha. There is also a smaller outline application which proposes up to 60 dwellings and public open space on 4.5ha of land which extends from Andrews Lane through to Burton Lane and was submitted in December 2017.

These three schemes comprise the great majority of land allocated under draft Policy CH2 in the Local Plan which was published as a Regulation 19 Draft Local Plan Consultation Document in November 2017 in preparation for submission to MHCLG which took place in March earlier this year. The final element of the draft site allocation is a small parcel of land south of Andrews Lane, to the west of Rosedale Sports Club, which is at present not subject to a planning application.

This report is structured as follows:

 Strategic planning and the draft site allocation  Detailed assessment of the northern application [07/17/0352/O] – Pages 9-24  Detailed assessment of the southern application [07/17/0864/O] – Pages 25-39  Detailed assessment of the Andrews Lane/Burton Lane application [07/17/1267/O] – Pages 40-51  Strategic highway issues – Page 52  Planning obligations – Page 53  Conclusion  Recommendation  Conditions for each scheme in an appendix

If Members of the Committee have technical or factual queries on any matter covered by this report then they are encouraged to contact the case officer for clarification in advance of the meeting.

1. Strategic Planning, Draft Allocation and the Principle of Development

1.1 The background assessment work in relation to the Green Belt which underpins the draft allocations in the Local Plan is set out in the Council’s “Green Belt Topic Paper” June 2017. This document builds on previous evidence studies in order to provide the most up to date basis to inform draft allocations and amendments to the Green Belt boundaries. The topic paper notes that the required housing supply from 2018-2033 cannot be met solely by use of land in the urban area. The inevitable conclusion from that premise is that land will need to be found within the Green Belt to reach the housing targets set out in the draft Local Plan. In looking to intrude into the Green Belt the topic paper emphasises the requirement to demonstrate “exceptional circumstances” as required in the NPPF in relation to altering Green Belt boundaries through the plan-making process and sets out 26 detailed criteria on which to establish “exceptional circumstances”. The topic paper examines each of the sites proposed for release from the Green Belt and appraises them individually against the stated criteria. Rosedale Park is critically assessed on pages 32-33 of the topic paper and is found to accord with the principles of sustainable development and the conclusion is that there is a strong case to release the site from the Green Belt.

1.2 Policy CH2 of the Regulation 19 Draft Local Plan Submission Document allocates Rosedale Park “as a series of interlinked new suburban parkland communities…” The three sites noted above are explicitly named in the Policy and a series of criteria which aim to guide development on the three land parcels are set out on page 44 of the Draft Local Plan. Page 45 of the Draft Local Plan emphasises that Rosedale Park is to be developed in accordance with a comprehensive master plan. An indicative concept plan is set out on the same page which shows prospective land parcels, parkland, corridors, inclusive access north-south and west-east along with the location for the new primary school and southerly extension to the Rosedale Sports Club.

1.3 Policy CH2 of the Regulation 18 and 19 consultation drafts of the Local Plan have been subject to 32 comments from residents and interested parties of which 27 raised objection. The comments made relate to the following matters:

 Goffs Oak Community Association [GOCA] objects to the proposed site allocation. [IDs 24, 28, 30,33,34,35,37,38]:  Rosedale Park is located in Goffs Oak not Cheshunt  Rosedale Park housing proposals are too big to be accommodated by existing health facilities and too small to pay for new health facilities  Insufficient secondary school capacity  Harm to the Green Belt, especially coalescence with Cheshunt  Government favours sustainable locations such as next to railway stations rather than unsustainable car-dependent rural locations such as Rosedale Park  Majority of Tudor Nursery site is not derelict and is open land  Tudor nurseries site is viable for glasshouse/horticultural use  Flood risk at the Tudor Nurseries site  Biodiversity loss resulting from Tudor Nursery proposals  Rosedale Park North is a greenfield site with high landscape and biodiversity value  Misleading to claim that the housing will expand/extend/improve Rosedale Sports Club  Too much housing on Rosedale Park North  Destruction of beautiful countryside  No need for additional open spaces/paths as Goffs Oak already well served  Unsustainable proposal as no access to services  No exceptional circumstances for release from Green Belt  Insufficient provision for elderly people [GOC, Mr Barry Cressey, ID449]

Other objections to Rosedale Park:

 No development in floodplain [Environment Agency ID 680].  River buffer strip of at least 8m [Environment Agency ID 680].  Road network cannot cope [Keith Veralls ID 591, Dr David Storey, ID 58]  Cap on apartments will worsen affordability [Mrs Pierce]  No evidence of how secondary education need will be met [Mrs Pierce, ID 118]  Transport strategy will mean that residents will have to travel to Lieutenant Ellis Way or Brookfield [Mrs Pierce, ID 118]  Should mention the heritage assets close to the proposed development and any protections [Historic England ID 155]  Green Belt - ref Barwood court case 2017 [CPRE, ID 342].  5% apartments inappropriate [Crest Nicholson, ID 423]  Tree requirement excessive [Crest Nicholson, ID 424]  Unnecessary reference to CPO [Crest Nicholson, ID 427]  Site off Rags Lane should be allocated [Abbey View Produce, ID 573 ]  Tudor Nurseries should be retained.[Keith Veralls ID 591]  The council should not have assisted the landowners with their application prior to the matter going to public consultation [Keith Veralls ID 591]  merging of Goffs Oak and Cheshunt [Keith Veralls ID 591]

The Goffs Oak Community Association in objecting sought the deletion of Policy CH2 from the emerging Local Plan. The issues of detail are examined in detail in the assessment of each respective application set out below in this report. The existing draft policy was submitted to the Secretary of State on 15th March 2018 and the Examination in Public is anticipated in early autumn this year with formal adoption anticipated in early 2019. The draft policy anticipates around 790 dwellings for the overall site. The current applications seek outline permission for up to 800 dwellings and have come forward for development without the small parcel of land in separate which adjoins Lea Mount and which would support approximately 20 dwellings. The overall quantum of proposed development is considered to be consistent with the principles of the draft allocation under Policy CH2. (See Local Plan concept plan on page 8 of this report).

The Principle of Development

1.4 The three sites are located entirely within the Metropolitan Green Belt. As a consequence, in accordance with Policy GB2 of the Adopted Local Plan [2005] and the paragraph 87 of the NPPF, the proposed housing schemes represent inappropriate development which, by definition, is harmful to the Green Belt. Such development should not be approved except in very special circumstances [VSC] and local planning authorities should not approve inappropriate development unless the VSC clearly outweigh the potential harm to the Green Belt from the proposal.

1.5 The application north and south of Andrews Lane is accompanied by a planning statement which sets out the following VSC:

 Delivery of houses to meet the five year land supply  Delivery of much needed affordable housing  Provision of family housing to meet the assessed need  Delivery of accommodation for the growing elderly population  Promotion of sustainable patterns of development  Creation of new 15ha country park  Biodiversity/ecology enhancement  Provision of local facilities including 2FE primary school, local centre, new local play facilities, improved bus viability and enhanced sports facilities  Economic benefits from New Homes Bonus, Council Tax and local retail/services spend from residents of the proposed development

1.6 In reviewing the VSC advanced by the applicant it should be noted that much of the perceived benefit that would accrue would not be exclusive to this site and would be highly likely to be delivered by most substantial housing schemes. More specifically, housing land supply is not on its own sufficient justification to develop in the Green Belt. In addition, matters such as affordable housing, family and elderly accommodation, play and sports provision are required by adopted Local Plan policies and the NPPF to accompany larger residential proposals as part of sustainable development and these matters are not considered to possess significant weight. However, the particular circumstances which are considered to mark out this scheme are the provision of a new 15ha park which would not only provide ecological benefits to the Rags Brook, but also give rise to public access by means of an extensive network of public foot and cycle paths. In addition, the new A5

primary school would provide places for children beyond the application site, there would be improvements to Rosedale Sports Club which would have use by the wider community and the proposed medical/community use would potentially mitigate the current pressure on primary care facilities in the surrounding area. These elements are considered to be key elements of what would be an accessible and sustainable extension to the existing urban area.

1.7 With regard to the application at Tudor Nurseries, the applicant notes the conclusions of the EiP inspector at the Core Strategy hearings who observed that Goffs Lane and Burton Lane [amongst others] would be obvious potential, defensible Green Belt boundaries if there were to be development to the west of Cheshunt. In terms of VSC, the applicant has identified the following matters as pertinent to the assessment;

 The Council’s five year housing supply is deficient which provides a pressing need for residential development  The scheme would provide elderly persons’ homes in a retirement village  Policy compliant affordable housing  Landscape and visual improvement  Sustainable place making with good access to local services  Additional open space provision well beyond the Local Plan policy requirement  Ecological/habitat improvement  High quality design  Transport improvements, including walking and cycling  Socio-economic benefits

1.8 In a similar way to the northern site examined above delivery of housing land is not a supportable justification on its own for development in the Green Belt. Similarly, a great deal of benefit identified by the applicant as VSCs would ordinarily be delivered by any comparably-sized residential scheme by simply complying with local and national policy. Limited weight, therefore, can be afforded to the matters relating to provision of elderly persons’ homes, affordable housing and high quality design. The matters which are considered very special in relation to this site are the relative over-provision of open space as part of the new park network, sustainable place making and visual improvement of a commercial horticultural site. Members should also note [amplified in the chapter on planning obligations] that the applicant has agreed to the principle of making pro rata contributions to provision of the primary school, the creation of the country park and improvement of Rosedale Sports club generating wider public benefits as part of delivery of the overall scheme.

1.9 Turning to the third, smaller site which runs from Andrews Lane through to Burton Lane, the applicant has put their case for development within the Green Belt by reference to the following matters set out as VSC:

 The lack of five year housing supply within the Borough  Provision of affordable housing for which there is a substantial need  Site allocation for development within the emerging Local Plan  Site location can provide linkage between the two larger sites  Delivery of around half the application site as public open space

1.10 This third site would provide up to 60 dwellings along with policy compliant levels of affordable housing. These matters are unexceptional in themselves and limited weight can accordingly be attached to them. The site is allocated in the emerging Local Plan as are the accompanying larger component schemes. The delivery of this site would form a permanent landscape/open space buffer to the east of St James village with public access and foot/cycle access through to Tudor Nursery site, the Crest Nicholson site to the east along with Burton Lane to the south-west. The site is an important element of the overall masterplan vision set out in the draft Local Plan and in that context its contribution to public open space and accessibility along with provision of a landscape buffer and delivery of the wider, sustainable scheme are considered to hold weight in assessing the VSC.

1.11 The applicant for each of the three applications has put forward elements of their scheme which they consider to represent VSC which would justify inappropriate development in the Green Belt. Although a fair proportion of the apparent benefits would not be very special or even uncommon, there are components of each scheme which can be afforded considerable weight in assessing the principle of the applications. The comprehensive, sustainable nature of the combined proposal weighs heavily in its favour, as do the creation of a large new park with public access and delivery of community facilities to include educational, sporting and recreation along with walking and cycling connections leading both north-south and west-east through the development into the existing built up area. The site has been allocated for development in he Submission Draft Local Plan. The key aims of emerging Policy CH2 are to create developments around a new park, protect the future of Rosedale Sports Club, retain the landscape and ecological qualities of the Rags Valley with extensive public access throughout, provide the St James’ Green Link, as well as provide social and physical infrastructure in association with a range of housing sizes and types. The delivery of this holistic, master-planned scheme forms part of what are considered to be very special circumstances which would clearly outweigh the harm caused by inappropriate development in the Green Belt.

Green Belt

1.12 The report notes above the Green Belt location of each of the application sites and that their development for residential and associated uses is inappropriate. As such the schemes are contrary to adopted Local Plan Policy GB2 and to paragraph 87 of the NPPF. In terms of the impact on openness and the character and appearance of the Green Belt it is clear that these developments represent a major intrusion into the Green Belt in this semi-rural location. The justification for this inappropriate development derives from the stated policy intention of the Council to remove the Green Belt designation from this entire area, under the terms of Regulation 19 Submission draft Policy CH2. In this context the individual applications are assessed in the report in relation to their conventional townscape and visual impacts.

Prematurity

1.13 The assertion has been made by objectors, in particular the Goffs Oak Community Association and the CPRE, that determination of these schemes is premature. In their view, the strategic nature and scale of the Rosedale Park proposals mean that a decision should not be made by the Council in advance of the Examination in Public [EIP] and the publication of the Inspector’s report. Whilst it is certainly the case that the resolution set out in this report would entail a determination before the EIP, there are a number of reasons which mitigate in favour of this course of action. First, the site is allocated in the draft Regulation 19 Local Plan and has been the subject of only limited adverse comment from residents and interested parties. Secondly, the Council’s five year housing land supply is 3.19 years [without the emerging Local Plan allocations] according to the Annual Monitoring Report which is a significant shortfall which needs to be addressed. .The advice set out in Planning Practice Guidance is that applications which propose sustainable development should be approved [subject to restrictions imposed by specific policies set out in the NPPF] It is considered that this overall development is fully sustainable subject to comprehensive delivery of the three current applications in tandem with the substantial range of financial and community benefits to be secured via the planning obligations for each individual site.

The Individual Site Assessments

Land North and South of Andrews Lane and South of Peakes Way, Cheshunt, Herts, EN7

2. CONSULTATIONS

2.1 Environmental Health – No objection subject to conditions to investigate ground conditions from previous uses and to control noise, dust, lighting levels and air quality

2.2 Environment Agency – No objection subject to conditions relating to provision and management of an 8m buffer zone either side of Rags Brook, a comprehensive landscape management plan and a detailed method statement for removal/control of invasive fauna around Rags Brook

2.3 Herts and Middx Wildlife Trust – No objection subject to a construction environmental management plan, an ecological design strategy and landscape and ecological management plan

2.4 HCC Highways – Detailed final response awaited but the understanding is that agreement has been achieved in relation to all substantive highway matters subject to conditions. A verbal update on this matter will be provided at Committee 2.5 HCC Flood Risk – No objection subject to conditions relating to detailed surface water disposal on each phase of development including the primary school

2.6 HCC Infrastructure Officer – Requests contributions in relation to the full range of County statutory services in line with their published planning obligations tool kit

2.7 Sport England – No objection as statutory consultee but objection as a non- statutory consultee which would be reviewed if appropriate contributions were to be made towards indoor and outdoor sports facilities via a planning obligation

2.8 Thames Water – No objection in relation to water supply and foul water drainage subject to condition

2.9 NHS England – Seeks a financial contribution of £1,150,381.80 towards a wide range of medical services in the local area

2.10 CPRE – Object to inappropriate and premature development in the Green Belt

2.11 Goffs Oak Community Association - Objects to the lack of very special circumstances to justify development in the Green Belt, local roads and infrastructure is unable to support an application of this magnitude. The loss of this open land would contribute to a merging of Goffs Oak with Cheshunt

2.12 Herts Constabulary – Supports the application which is intended to be submitted for “Secured by Design” accreditation.

2.13 Herts Fire and Rescue – Requests that fire hydrants are included within the planning obligation

3. PUBLICITY

3.1 The application was advertised by means of a press advert and site notices posted on 19th April 2017 and individual letters to 310 neighbouring properties.

3.2 Individual letters were sent to residents in the following streets: Rags Lane, Lucern Close, Grenadine Close, Little Grove Ave, Glover Close, Allard Close, Byron Close, Forresters Close, Cowles, Dickson, Acacia Close, Granby Park Close, St Annes Close, Leaforis Road, Hastings Ave, Conifer Close, Hornbeam Way, Thompsons Close, Faints Close, Caldicote Ave, Lea Mount, Burton Lane, The Maples, Whitethaven Close and Andrews Lane.

4. REPRESENTATIONS

4.1 43 letters of objection have been received from neighbouring properties and 75 supporting emails from a variety of locations have been submitted. The objectors raised the following concerns:

 The local plan has not yet been agreed or sent to the government  Lack of road capacity and links – Peakes Way will become a rat run  There is no need for all this housing  There could be trees in the gardens of new houses which would get too large and block light  There is no provision for extra school places, primary and secondary are needed  The doctors’ surgeries are finding difficulty in recruiting staff  This site has been turned down at least six times before  Loss of wildlife, trees and open green areas/parkland – the scheme would merge with the south end of the Hammondstreet area thus to the very edge of Broxbourne Woods nature reserve  There will be loss of outlook, noise and pollution resulting from the proposal  Local infrastructure will not cope with the new development  Introducing cycle and footpaths will destroy security, tranquillity and privacy  The new footpaths should be designed to marry up with the Hertfordshire Way  This development should not all be council accommodation  This rural area will become a housing estate  The proposal is over-development to prevent swamping local communities  The screen of trees between Garryross Farm and Andrews Lane should be retained undamaged  The developer has been lobbying local residents to support the scheme  There should be a bus link for commuters to Cheshunt Station  Creation of a park next to the commercial nursery could put its future at risk from vandalism  If there are flats there could be loss of light  Who will maintain the hedges at the end of my garden in Granby Park Road?  There could be harm to protected species including bats and grass snakes  There could be flooding to adjoining houses  There may be extra anti-social behaviour  The Andrews Lane/Rosedale Way junction will become impossible in school hours  Andrews Lane is dangerous with high speeds and mud/debris on the road  Bus services have been reduced in the area which forces more use of cars

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5. RELEVANT LOCAL PLAN POLICIES

5.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001-2011 (adopted December 2005) apply:

SUS3 Waste and Recycling SUS12 Development on Contaminated Land SUS17 Flood Prevention SUS18 Surface Water Drainage GBC2 Development Within the Metropolitan Green Belt H2 Maximising the Development Potential of Sites H8 Design Quality of Development H11 Housing Densities in New Development on Unallocated Sites H13 Affordable Housing HD14 Design Statement on Local Character HD16 Prevention of Town Cramming HD17 Retention/Enhancement of Landscape Features T3 Transport & New Development T9 Pedestrian needs T10 Cycling Provision T11 Car Parking

5.2 The following policies of the Local Plan Regulation 19 Submission Draft March 2018 are also applicable:

CH2 Rosedale Park DSC1 General Design Principles ENV1 Residential and Environmental Quality GB1 Green Belt H1 Affordable Housing NEB4 Landscaping and Biodiversity in New Developments TM1 Sustainable Transport TM2 Transport and New Development TM4 Parking Standards W4 SuDS W5 Flood Risk

5.3 The National Planning Policy Framework (NPPF) 2012 also needs to be considered. The local planning policies listed above are generally considered to accord with the policies and principles of the NPPF.

6. LOCATION AND DESCRIPTION OF SITE

6.1 The irregularly shaped application site is located to the north and south of Andrews Lane and has a total area of just under 44 hectares [ha]. To the north the application site extends to Peakes Way, to the west it abuts Crouch Lane and to the east it extends to Rosedale Way. To the south it would adjoin the northern extent of Lea Mount. The application also includes a parcel of land to the south of Rosedale Sports Club which is to the north of Thompsons Close.

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6.2 The site primarily consists of pasture land and former agricultural land which is unused apart from intermittent use for grazing by horses. The farm building complex of Garryross Farm lies to the north of Andrews Lane towards the western end of the site. The 14 house residential development at Grangebrook adjoins the north-west of the site along with a commercial horticultural nursery; residential accommodation is located to the south and west of the site in St James Village and at the eastern end of the site in the recently-constructed Sovereign Gate development and established estates accessed from Rosedale Way.

6.3 Rags Brook, which is a main river tributary of the River Lee, meanders west-east through the site and is supplied by the land falling steeply towards it from the north and south while the overall site falls in a west-east direction. The site falls entirely within Flood Zone 1 defined by the Environment Agency as an area with a low probability of fluvial flooding.

6.4 The entire site is the subject of a Tree Preservation Order [No.9] 2016 which seeks to protect the significant trees which border the field boundaries and which chiefly lie in copses near to the farm and at the southern and south-western boundary.

6.5 Andrews Lane is an unclassified road subject to the national speed limit apart from a short section at its eastern end where a 30mph limit is in force.

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Central part of Andrews Lane to be closed to through traffic

7. PROPOSAL

7.1 The application is in outline with only the accesses onto the public highway to be determined at this stage. All other matters would be determined under future reserved matters applications. There are proposed to be six points of vehicular access, four to the north and one to the south of Andrews Lane along with access for the northern extent of the development from Peakes Way. There would be a new spine link road travelling through the new local centre accessed from Andrews Lane west of the sports club and east of Lea Mount. The intervening part of Andrews Lane would be changed to a pedestrian/cycle route with no through traffic and access reserved for the day nursery, sports club and Lea Mount.

7.2 The new accesses would serve seven parcels of development land which are indicatively shown on the submitted indicative masterplan to consist of dwellings to the south, west, north of Andrews Lane and to the north east of the road [including a care home]. To the core of the site would be a small local centre and a two form of entry primary school with associated nursery. The density of this scheme is around 8.5 dwellings per hectare

7.3 As an integral part of the scheme there would be a c.15ha park created which would run west-east either side of Rags Brook accessed by a network of public paths in a landscaped setting to include a community orchard, neighbourhood play area and SuDS drainage swales for the development.

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7.4 The scheme is supported by an Environmental Impact Assessment which covers the full range of likely individual impacts on existing ground conditions, air quality, landscape and views, ecology, noise, social/economic issues, traffic and transport, water resources/flood risk and archaeology in relation to the proposal as well as the potential cumulative impacts from the overall quantum of development within Rosedale Park.

7.5 The scheme is also underpinned by a full design and access statement and four associated parameter plans for approval which show Land Use, Landscape Structure, Movement Framework and Building Heights. The Land Use plan illustrates the pattern of proposed uses including the local centre with housing, the school, care home and sports ground extension. The Landscape plan sets out the mosaic of natural and man-made landscape which is proposed to be the outcome of the scheme including retention of natural vegetation, public open space, new play area, surface water drainage and link road. The Movement Framework seeks to set the context for the routes for vehicle, foot and cycle traffic into and through the site. This has been supplemented by a revised hierarchy of foot/cycle paths since submitted by the applicant. Building heights would be predominantly two or two and a half storeys with some pockets of three storey development mainly clustered around the local centre but also including the proposed elderly persons care home further to the east.

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Indicative Site Layout

7.6 The development zones which make up this application are proposed to show density, design and townscape attributes appropriate to the various locations across the overall site. The land parcel at the extreme west of the site would consist of five bedroom detached house with large rear gardens and similar properties would feature as prominent corner/development edge buildings at the periphery of other residential quarters. The grain of development would become more compact as it approaches the local centre with blocks of two bedroom flats chiefly in the areas near to the school and medical/commercial uses. Throughout the remainder of the site there would be a mix of two, three and four bedroom houses predominantly semi-detached dwellings among terraces of houses. Affordable housing is proposed to be pepper-potted across the site consisting of flatted blocks and terraced dwellings.

7.7 The external appearance of the dwellings is not for determination at this stage but the indicative design proposals are grouped around five character areas which would draw their cues from the recent development at Sovereign Gate, other existing houses in the vicinity of the site along with more ‘modern’ examples. The computer generated images provided by the applicant are shown below.

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Indicative CGI Images

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8. RELEVANT PLANNING HISTORY

8.1 The sole relevant planning history on the application site is the refusal of outline planning permission in 2013 for development of up to 63 dwellings on Land South of Peakes Way. The four reasons for refusal were inappropriate development in the Green Belt, prematurity in advance of the Council assessment of development options in Goffs Oak, failure to demonstrate that an acceptable layout can be achieved and failure to enter into a suitable planning obligation.

8.2 Permission was granted in 2013 for residential development of the former Everest Sports Ground which is at the eastern end of Andrews Lane. This has been implemented and completed as Sovereign Gate.

8.3 Permission was granted for residential development in 2016 at Grangebrook which adjoins the application site at its north-western corner. This scheme has also been implemented and completed.

9. APPRAISAL

9.1 The main issues for consideration in this case are as follows:

1. The principle of development for residential and associated uses

2. Design and townscape

3. The impact on living conditions for neighbouring properties

4. Living conditions for future occupiers of the property

5. Highway access and car parking

6. Landscape and Ecology

7. Ground Conditions and Drainage

8. Other matters

These matters are appraised in turn below.

Principle

9.2 The proposal, as confirmed in the preamble to this report, forms part of the Rosedale Park draft site allocation under Policy CH2. The first part of the report looks in detail at the principle of development in the Green Belt and also the issues around formally determining the application at this point in the Local Plan adoption process. The conclusion drawn from that assessment is that the principle of development and determination are acceptable in the context of local and national planning policy.

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Design, Layout and Townscape

9.3 The matters to be discussed in this section of the report are not submitted for determination in this application but the applicant has submitted a detailed and highly developed masterplan with the proposal along with indicative design proposals for individual dwellings and the local centre. The design proposals have been modified since the original submission so as to refine the architectural treatments and to offer more attractive and convincing elevations and forms for the houses and other associated buildings.

9.4 The design of the houses is proposed to be traditional in general form and materials with brickwork, render and weatherboarding to the main elevations. The five distinct character areas for development start with ‘Rosedale Gate’ which would cluster around the eastern access to the site from Andrews Lane and include the elderly persons’ care home. This area would take its main design cues from Sovereign Gate along with the nearby housing at Granby Park Road and St Anne’s Close. The intention is to use materials typical of local buildings such as red brick, tile hanging, weatherboard and clay tiles. The indicative design is considered to be acceptable as shown below.

9.5 The local centre, in common with the other character areas, has been the subject of negotiation as the initial design concepts were unconvincing in relation to the delivery of high quality, keynote architecture around the school and the other commercial/community uses. The indicative elevations have been refined and improved so that this important hub at the centre of Rosedale Park is now capable of achieving striking and attractive designs for individual buildings and as a wider townscape exercise. The revised CGIs are shown below.

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9.6 The character areas to the south of Andrews Lane and to the west of Rosedale Park would draw more of their references for their external appearance from St James village. A combination of traditional forms with some more modern detailing could provide a pleasing overall design with brick, weatherboarding and slate predominating. Individual houses and street scenes are shown below.

9.7 The most northerly character area, accessed from Peakes Way would be visually separate from the other development zones but will be linked due to the open parkland allowing intervisibility. The applicant has proposed that these elements should take their design lead from buildings such as Burton Grange and other distinctive buildings on Rags Lane. The outcome is indicative elevations in red brick with timber detailing and subject to final detailed submissions the design is considered to be acceptable.

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9.8 The final detail of the houses and other buildings will be subject to reserved matters approval but the indicative external appearance is now considered to be acceptable. As an integral part of the implementation of the scheme it is proposed that conditions be imposed which require submission of detailed design codes for each of the character areas prior to work starting in each of the particular developments. In addition, in order to ensure that the entire development has visual connectivity and high quality streetscapes, it is also proposed to impose a condition requiring submission of an over-arching public realm design code. This would clearly have variations across the piece to reflect the various character areas but keynote public realm design is necessary to make this an outstanding area to live and work.

9.9 With regard to layout and townscape, the proposed masterplan has sought to make use of the natural contours, features and vegetation with the aim to produce an outstanding development clustered around a new country public park. The submitted layout reflects the Indicative Concept Plan which accompanies draft Policy CH2 and would allow for open vistas along the line of Rags Brook so that there would be a visual break for the full length of the scheme from Rosedale Way through to Rags Lane. The layout also envisages a broad and open vista north to south from the higher ground near Peakes Way across the valley and over the school site into Rosedale Sports Ground. Each discrete development zone would be set back from Andrews Lane behind retained and enhanced natural vegetation and the layout retains the maximum amount of existing mature trees and associated flora in order to achieve a parkland setting. Due to the natural topography and the established vegetation in around the site, the wider visual impacts of this major proposal will be limited with the exception of the development proposed on the higher ground next to Peakes Way. This part of the scheme would not sit as an isolated piece of development but rather as an extension to the built form on the south-western side of the road. The allocated site had been selected with the intention of minimising wider views and it is considered that the indicative master plan achieves this aim.

9.10 A key component of the layout is to set out the connectivity for pedestrians/cyclists which would underpin the functioning of this new quarter. The applicant has worked on providing a clear hierarchy of such routes with main connections across the site, north-south from Peakes Way and also from the south where a main pedestrian route to the new school would lead from the Tudor Nursery site, along the western edge of Rosedale Sports Club and across Andrews Lane where it would closed to through vehicular traffic.

9.11 In terms of the proposed dwellings, the individual houses are shown typically to have setbacks from the highway, with feature, larger houses punctuating the townscape to emphasise corners and define entrances to roads. The reserved matters applications will reveal in greater detail how the houses and flats respond to the opportunities offered by the ground level changes across the site. The new play area would be integrated into the landscape immediately to the north of the local centre which is considered to be the optimum location for this facility. Overall, the layout and townscape are considered to be a good response to the natural constraints and this masterplan would use the Rags Valley to create high quality urban and semi-rural environments. The scheme is considered to be in accordance with adopted Policies HD14 and HD16 along with draft Local Plan Policy DSC1.

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Impact on Living Conditions for Neighbouring Residents

9.12 The indicative layouts would be the subject of reserved matters applications in due course andthe key receptors around the site are houses accessed from Rosedale Way and Peakes Way to the east and north-east of the site along with houses in St James village at the south-western edge of the site. The two houses fronting Andrews Lane which fall within the red line of the third and smallest redevelopment site also need to be considered as do the existing and brand new houses on the corner of Andrews Lane/Rags Lane as they are adjacent to the development site. Aas shown on the detailed masterplan the proposal would exceed the Council’s SPG standards in terms of separation distances to retain privacy and would not cause material losses of day or sunlight to the established residential properties. The scheme as shown would not have an overbearing presence or lead to an undue sense of enclosure to existing dwellings.. The inevitable result of this scale of development is that there would be a degree of noise and disruption generated by construction and there would be additional activity around the area from the inherent increase in population. Neither of these issues would represent a valid reason to refuse the application. The new roads into the sites would be set away from boundaries with existing estates which means that any impact from traffic noise and fumes would be mitigated. The environmental impact on neighbours also needs to be set against the positive effects of creating a large and accessible public park for the benefit of St James village and the Rosedale estate along with the wider community in this area. The impact on living conditions for nearby residents is considered to be acceptable.

Living conditions for Future Residents

9.13 The masterplan layout has been revised since submission so that all plots within the indicative plan would now have gardens of adequate size and there would not be issues with loss of privacy within the estates or any shortfall in outlook from windows to habitable rooms. The plots are all capable of providing dwellings with floor space compliant with nationally defined standards and the Council’s SPG. The reserved matters applications would be required to deal with these matters of detail but as submitted the development zones are all considered acceptable in relation to future living conditions. The standard of accommodation and associated amenities are considered to be acceptable in relation to adopted Policy H8, daft Policy DSC1, the Council’s SPG and national guidance.

Highway access and car parking

9.14 As noted above, the closure of Andrews Lane to through traffic is a highly important part of the access proposals for this part of the development. The junctions of the new link road and for the Crest housing developments north and south of Andrews Lane are proposed to be designed to a speed limit of 30mph and the downgrading of the central part of this lane will enable traffic speeds to be moderated and aims to restore its rural feel. A Traffic Regulation Order [TRO] will be needed to achieve the traffic closure. Whilst this is undertaken via a separate legislative process, closure is considered to be an essential principle of the development and a condition is therefore proposed to require this eventuality. Designs of each of the junctions have been submitted to HCC and it is understood that the principles around achieving suitable sight lines and forward visibility have now been agreed.

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The formal response from HCC is awaited to confirm the above along with suggested, necessary conditions to secure safe access to each individual phase.

9.15 Turning to parking, while the detailed house layouts are not being approved at this stage, the applicant has sought overall to meet the Council’s SPG parking standards in preparing the indicative layout. The parking would be provided in a combination of on-site garages and open parking spaces with typically 3+ spaces for the largest dwellings and two spaces for the two bedroom terraced houses. Dedicated parking areas are also to be provided for the commercial/community uses in the local centre and the new primary school. The precise final uses in the local centre are not yet established and the layout/design of the school will be a matter to be determined at reserved matters stage. The land area allocated for the new 2FE school and nursery is sufficient to meet the needs of the use including parking/servicing which will be part of the future, detailed design process.

It is considered that the highway access and car parking provision are acceptable for the proposed development in the context of with the Interim Car Parking Standards, Policies T3 and T11 of the adopted Local Plan, Policies TM2 and TM4 of the draft Local Plan and the NPPF.

Landscape and Ecology

9.16 The scheme is supported by highly detailed assessments of the impact of the development on the wider landscape and the on-site ecology and this is against the backdrop of the TPO which encompasses the whole site. The Environment Agency did not raise objection subject to retention of an 8 metre wide buffer strip/wild life corridor either side of the Rags Brook, a comprehensive management plan and a plan to remove/control invasive plants along the watercourse. The habitat survey found 47 different species of bird within the site of which perhaps 35 breed within the application site boundaries. Bats were found to forage for food across the site but no evidence of bat roosts was found. A single grass snake was encountered but there is no evidence for other protected species. The site is assessed as overall having relatively low ecological value with the planted field boundaries and brook holding the highest levels of interest in respect of both flora and fauna. The large areas of connected open space which would remain as part of the park would enable ecological enhancement to take place including 60 bat and bird boxes. The proposal as presented would retain the majority of the existing hedgerows and trees and the new accesses on Andrews Lane have been designed with retention of vegetation as a key element. In view of the degraded nature of Rags Brook and the modest levels of existing biodiversity it is considered that the extensive park areas can support a much enhanced presence and variety of flora and fauna to the benefit of the sites ecology. Conditions are proposed to ensure delivery of the habitat enhancements proposed in the development and to reflect the matters raised by the Environment Agency.

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Ground conditions and drainage

9.17 The application is accompanied by full details of the flood risk, ground conditions and water resources on this site. It falls within an area of low probability of fluvial [river] flooding and is not within an area of potable water extraction. With regard to the potential for surface water flooding is proposed to be mitigated by the construction of a series of SuDS ponds and swales roughly following the line of the brook. These have the effect of balancing and storing run-off and also cleaning it prior to discharge into the water course. HCC as lead local flood authority does not object to the scheme of drainage subject to conditions relating to technical design details. Thames Water does not object to the scheme either in relation to supplies of water or to the implications for foul water discharge, subject to condition in respect of the latter. With regard to the potential for contaminated ground within the site, there is a likelihood of a need for some remediation as there have been farm and other horticultural uses on the land. The Council’s Environmental Health Service has no objection subject to pre-development checking of the ground conditions and suitable remediation taking place. The scheme is considered to be acceptable in accordance with adopted Policies SUS12, SUS17 and SUS 18 along with draft Policies W4 and W5.

Other matters

9.18 It is proposed to deal with archaeological issues by means of a watching brief by a suitably qualified person during all intrusive ground works. With regard to issues raised by residents, overshadowing of gardens/houses by hedges/trees is dealt with under separate legislation as anti-social behaviour. The footpath link from the north of the site would aim to link with the existing footpath network. The assertion that creation of new paths/access and park land would lead to loss of security and criminal damage is not considered to be a supportable reason for refusal.

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Tudor Nurseries, Burton Lane, Cheshunt, Herts, EN7 6SH

2. CONSULTATIONS

2.1 Environmental Health – No objection subject to conditions

2.2 HCC Highways – No objection subject to conditions and planning obligation to secure road improvements and sustainable transport initiatives – to be updated verbally at committee

2.3 Environment Agency – No objection

2.4 NHS England – Seeks a s.106 contribution of £932,742 in respect of the full range of medical services provided for residents in the area

2.5 Natural England – No objection in relation to impact on statutory wildlife sites – refers the Council to their standing advice with reference to protected species

2.6 HCC Flood Risk – No objection subject to conditions relating to levels of surface water run-off for each phase, flood storage provision, detailed engineering drawings of SuDS features, implementation of the proposed attenuation strategy draining into the Ordinary Water Course, detailed calculations and full pipework layout and final, detailed management plan.

2.7 Herts and Middx Wildlife Trust – No objection proposed in relation to the method of dealing with protected species and ecological/biodiversity enhancement but notes that there are uncompensated ecological impacts during the construction phase

2.8 Thames Water – A condition is required to deal with the foul water disposal strategy on site. The existing water supply has been modelled which identifies the mains reinforcements needed to provide additional capacity. 2.9 Sport England – Objects as statutory and non-statutory consultee but notes that the objection would be reviewed if suitable sports facilities were secured via a s.106 agreement.

2.10 National Grid – There is apparatus in the vicinity of the application site

2.11 CPRE – Objects to inappropriate development in the Green Belt. Green Belt boundaries should be altered by local plan process not planning application. This is not previously developed land and there are no very special circumstances evident to justify the proposal. There would be significant loss of best and most versatile land. The sustainability of the site is questionable

2.12 Goffs Oak Community Association – Objects in principle to the scale of development as being unnecessary and ill-judged with inadequate justification and serious lack of provision for primary and secondary schooling.

2.13 Herts Fire and Rescue – Fire hydrants should be secured via a planning obligation

2.14 Herts Constabulary – Supports the application which is intended to be submitted for “Secured by Design” accreditation.

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3. PUBLICITY

3.1 The application was advertised by means of a press advert and site notices posted on 8th September 2017 and individual letters to 138 neighbouring properties.

3.2 Individual letters were sent to the properties in the following streets: Lea Mount, The Gateways, Burton Lane, Whitehaven Close, Goffs Lane, Faints Close, Cattlins Close, Thompsons Close and Tilekiln Close

4. REPRESENTATIONS

4.1 15 letters of objection have been received from neighbouring properties and 2 supporting emails have been submitted. The objectors raised the following concerns:

 The Council should be supporting local nurseries not allowing other uses  There is local concern about access to the main road through Cuffley and Goffs Oak  There is not a housing demand for several years if Rosedale North goes ahead  Housing is needed in the area for downsizing  Supportive comments in favour of housing should not offset individual objections  How is the Council going to house the 350 homeless families as they won’t be able to afford accommodation on this site  The whole site is in the Green Belt and it could be argued that 100% of the area has agricultural use – the glasshouse survey described Tudor Nursery as the most viable for retention  Rosedale Park would merge Cheshunt, St James village and Goffs Oak into an amorphous mass – the gap would only be a landscape buffer and there would be no green ring around St James village  There is insufficient primary and secondary school provision for these new dwellings  The local infrastructure cannot cope with additional dwellings on this large scale  Cycle paths and footpaths are unnecessary, do not enhance this particular area of Green Belt and there is no demand  There is no need to provide the number of houses shown in the draft Local Plan and no need to build in the Green Belt in Goffs Oak  The traffic survey shows a 20% increase in peak traffic if combined with Rosedale North – this is just not practical: bus and cycle improvements will not help with large shopping trips  Self-build should form part of this development  Goffs Lane will come to a standstill with all the extra cars  There will be additional air and noise pollution from the extra cars and construction traffic  The site occupied by Triangle Cottage would become like a traffic roundabout  Burton Lane does not have the width/capacity to deal with the additional traffic and has poor visibility due to parked cars on Goffs Lane  All the valued local businesses are likely to close and the area will become a kind of north London suburb  Goffs Oak should be kept as a village not become a small town  The effect of such a large development on the quality of lives of current residents cannot be underestimated

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 A new pathway through Faints Close is not agreeable to the residents  The local bus service is poor after 4pm as it becomes hourly  Cycling is welcomed on the site but is not a practical option on other busy roads which are also steep  Cars from the development would be far more disruptive than the HGVs using the site  There will be 700+ extra journeys accessing Goffs Lane  There would be a significant impact on the area’s rural character/landscape  This release of Green Belt land would lead to unsustainable development and would not foster the economy, environment and society.  There is so much traffic on Goffs Lane that it is difficult to exit driveways with the increased levels and speed of vehicles  Where will the construction traffic access the site?  The new footpath by Lea Mount will bring more social issues such as littering, fly- tipping, drug use, dog faeces, burglary, drinking as there is no street lighting  Can there be a secure fence to provide security to Lea Mount  The elderly people would be stuck on site as public transport is so poor  The flood risk, sewerage provision and surface water drainage may well be inadequate

5. RELEVANT LOCAL PLAN POLICIES

5.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001-2011 (adopted December 2005) apply:

5.2 The following policies of the Local Plan Regulation 19 Submission Draft March 2018 are also applicable:

TM2 Transport and New Development TM4 Parking Standards W4 SuDS W5 Flood Risk

6. LOCATION AND DESCRIPTION OF SITE

6.1 The application site extends to 15.6ha and is irregularly shaped being located to the north of Goffs Lane and to the east of Burton Lane from which it currently takes its vehicular access at its southern end. To the west and south-west of the site are houses on Burton Lane and to the south are houses which front onto Goffs Lane including the grade 2 listed buildings at The Old Barn and Colesgrove Farm. An Area of Archaeological Interest as defined in the adopted Local Plan is located in the south-east corner of the site and is associated with the historic use of the land at Colesgrove Farm. To the east are houses in the cul-de-sacs off Caldecot Avenue while to the north are part of Rosedale Sports Club, Lea Mount and the grazing field which forms the southern part of the smallest application site of the three considered in this report. The site is covered by a TPO

6.2 The site itself has three main components, the eastern part which is undeveloped scrubland and trees, the north-western part which is occupied by collapsed timber glasshouses which have fallen into complete dereliction and the central/western portion which is occupied by two complexes of more modern aluminium-framed glass houses, some of which remain in use for cultivating crops. There are commercial packing and administration buildings set between these two more modern banks of glass houses.

6.3 The site falls entirely within Flood Zone 1 defined by the Environment Agency as an area with low probability of fluvial flooding. There is a drainage ditch which runs west-east through the middle of the site and another ditch at the northern extremity of the site which runs east along the southern boundary of the Sports Club and Sovereign Gate. The land has a modest fall to the east and to the south.

6.4 Goffs Lane is a classified road [B156] which is a local distributor road with a 30mph speed limit. Burton Lane is an unclassified road subject to a 30mph speed limit.

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South West corner of site

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Glasshouse operation

Derelict Glasshouses

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7. PROPOSAL

7.1 The scheme at Tudor Nurseries seeks to establish the principle of constructing up to 380 dwellings, including a retirement village of two bedroom apartments along with a local shop of up to 500sqm. The primary road access would be taken from Goffs Lane to the south where a dedicated right turn refuge would be created as part of the scheme. A secondary road access would lead to Burton Lane and this outline application only seeks detailed permission at this stage for these two vehicular accesses onto the public highway.

7.2 Associated with this proposal would be areas of public open space to the south- western corner and to the east and north-eastern parts of the site extending to around 5ha in total along with green breaks within the townscape which would include provision for SuDS drainage within swales.

7.3 The indicative layout plans show a scheme dominated by two/two and a half storey dwellings with some three storey flatted blocks in the denser central area and three storeys for the local shop site and the retirement village apartments. The indicative house designs show traditional village style houses with steep, gabled roofs and flat roofed dormers, materials in brick with some feature render dwellings. The main access roads would be framed by trees to provide a corridor entrance to the development. There would be a range of house sizes with larger detached properties flanking the site entrances and along Burton Lane while there would also be terraced housing and semi-detached dwellings as part of the overall mix. The proposed location of the affordable accommodation has not been specified by the applicant to date. The applicant has supplied parameter plans as part of the Environmental Statement which set the scheme in context and which deal with the extent of development and uses, access and movement strategy, density/building heights and landscape/open space. The density of development would be 23 dwellings per hectare.

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Indicative Site Layout

7.4 The applicant undertook pre-application advice with the Local Planning Authority in relation to the principles and design of the proposal.

8. RELEVANT PLANNING HISTORY

8.1 There is no recent planning history on the application site beyond matters relating to the historic use of the site for horticulture.

8.2 Permission was refused for outline applications for residential development of the eastern half of the site in May 1978 and February1984.

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9. APPRAISAL

9.1 The main issues for consideration in this case are as follows:

1. The principle of development for residential and associated uses

2. Design and townscape

3. The impact on living conditions for neighbouring properties

4. Living conditions for future occupiers of the property

5. Highway Access and car parking

6. Landscape and Ecology

7. Ground Conditions and Drainage

8. Other matters

These matters are appraised in turn below.

Principle

9.2 As with the main application to the northern part of Rosedale Park, the proposal, as confirmed in the preamble to this report, forms part of the Rosedale Park draft site allocation under Policy CH2. The first part of the report looks in detail at the principle of development in the Green Belt and also the issues around formally determining the application at this point in the Local Plan adoption process. The conclusion drawn from that assessment is that the principle of development and determination are acceptable in the context of local and national planning policy. In the case of Tudor Nursery, the development of the site includes the removal of the substantial areas of derelict glass houses along with more modern aluminium- frames structures which have been used intermittently for growing produce. The Council’s Glass House Study 2013 concluded that Tudor Nursery is one of only three sites across the Borough which had potential for longer term profitable use as a horticultural glass house site. However, as part of the preparation of the draft Regulation 19 Local Plan, this site has been assessed for its potential to provide housing and the Council has determined to proceed with a significant residential development on the land via allocation under the terms of draft Policy CH2. This decision was taken by the Council in the context of all the evidence available to it including all the alternative options which could underpin the provision of an on- going five year housing land supply. The draft Local Plan proposes to amend the Green Belt boundary and allocate this site and this takes into full account the commercial use which currently remains on site.

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Design, Layout and Townscape

Design

9.3 The indicative proposal by means of its revised Design and Access Statement has set out details of the public realm design, road and path hierarchies, house types and illustrative street views to assist in understanding the concept which the applicant is seeking to achieve. The Avenue, as the applicant describes the principal access road, is shown with traditional brick and render houses with gables, chimneys and cottage style dormers. The CGI images of the site interior and taken from Burton Lane show similarly high quality design. The indicative materials for the dwellings along with traditional street furniture and black railings combine to provide a convincing impression of the future appearance of this residential quarter. A condition is proposed to require submission and approval of a comprehensive design code prior to the first reserved matters application in order to ensure that good, high quality design is embedded in the scheme from the outset.

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Burton Lane Entrance

Layout and Townscape

9.4 The site layout has sought to respond to the Rosedale Park Indicative Concept Plan by creating public open space in the south-western corner of the site and a larger public park in the north-eastern part of the site which adjoins Rosedale Sports Club. The accesses also follow the pattern suggested in the draft Local Plan. The application includes parameter plans which indicate the locations of the built area and building heights which would be to a maximum of three storeys in the central part of the site, in the area around the local shop along with the retirement village in the eastern part of the site. With regard to the indicative designs in the amended design and access statement, this site is unlike the main northern development in that it is one discrete land parcel albeit with differing characters of design in different quarters of the estate. The masterplan identifies particular areas of the site as having different characters with a boulevard entrance from the south with houses set back behind a row of trees, a crescent of houses facing onto an open space, SuDS area, more compact houses and some flats in the central area, but still with green breaks in the townscape while there would be detached houses facing onto the green open spaces and houses to Burton Lane set behind an access slip road. All these elements are considered to provide the indicative layout with a feeling of openness, especially when combined with pedestrian access paths through the site and into each of the surrounding paths. The most important of those paths would be the one leading into Rosedale Sports Club which would be the route to the primary school to the north of Andrews Lane. The layout is considered to have the potential to provide a high quality of life for residents. In terms of wider views in to the site, much of the site is shielded by existing houses to the south and east. There would be open views of the site from Burton Lane, albeit set behind a tree belt and from the new public footpath [which forms part of this scheme] running north-south. It is inevitable that there will be public views of most new developments; it is not considered that this proposal would be visually intrusive in its wider setting. A36

The indicative design, layout and townscape are considered to be acceptable in the context of adopted Policies HD14 and HD16 along with draft Local Plan Policy DSC1.

Impact on Living Conditions for Neighbouring Residents

9.5 The indicative layout shows the houses set back from Burton Lane behind a slip road and landscape buffer and there would be a 10m gap to the nearest house on the eastern side of that lane. To the east, there would be a significant gap to the nearest houses which are located at 360 Goffs Lane and in Caldecote Avenue with mature TPO trees adding to the visual separation. To the north the site would adjoin the development including Langdons and Ballymour and as noted in the assessment of that proposal, there would be ample separation between the dwellings so as to ensure full compliance with the Council’s SPG standards. To the south are substantial gardens of houses fronting onto Goffs Lane which would prevent a material loss of privacy albeit the outlook from the dwellings around the site would be significantly altered. The separation distances from existing dwellings means that the scheme could be implemented without materially adversely affecting their privacy, day and sunlight. There would be inevitable noise and disruption during the construction process but once completed there is no reason to consider that normal residential activities would have a materially adverse impact on the amenity of existing occupiers in the locality. The impact of the scheme is considered to be acceptable in respect of visual impact in line with adopted Policy H8, draft Policy ENV1 and the NPPF.

Living conditions for Future Residents

9.6 The masterplan submitted with the application shows a scheme which would meet the Council’s privacy standards and would provide policy compliant private rear amenity space for each dwelling. The footprint of the dwellings is capable of providing floorspace which would meet the nationally defined living space standards and local SPG requirements which will be engaged at the detailed reserved matters submissions. The standard of accommodation and associated amenities are considered to be acceptable in relation to adopted Policy H8, daft Policy DSC1, the Council’s SPG and national guidance.

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Highway access and car parking

Access

9.7 Access for vehicles for the Tudor Nursery site is proposed to be in two locations with a main access taken from Goffs Lane and a secondary access on Burton Lane. The main access would be located mid-way between 360 Goffs Lane and Colesgrove Farm [406 Goffs Lane] and the new works would include a dedicated right turn lane for the traffic heading west so as to limit the impact on traffic movement past the site. The new access to Burton Lane would replace the existing commercial nursery entrance which is towards the south of the site and move it further north with the frontage houses set back behind a slip road. The road would also be widened in this location to assist with access from the new development. The location of both accesses has been designed so that traffic would exit onto a straight or slightly concave section of highway and the result is that good visibility would be achieved at each side of both new junctions. It is understood that HCC Highways has accepted the principle of the new accesses but both will be required to be the subject of further detailed design work as part of the process to obtain a s.278 agreement for works on the public highway. Subject to formal approval by HCC as local highway authority, the principle of the two road accesses are considered to be acceptable.

Car Parking

9.8 The scheme as presented shows car parking provided in garages and open parking overall to be in accordance with the Council’s SPG standard. The two bed houses would have two spaces, the three bed houses, three and the four/five bed houses would benefit from four parking spaces including garaging. This level of provision would help to prevent the main access road being lined with parked vehicles and allow access for service and other larger vehicles for which provision has been made in the road and driveway layout.

9.9 It is considered that the highway access and car parking provision are acceptable for the proposed development in the context of the Interim Car Parking Standards, Policies T3 and T11 of the adopted Local Plan, Policies TM2 and TM4 of the draft Local Plan and the NPPF.

Landscape and Ecology

9.10 The site has been the subject of a desk study and an extended phase 1 habitat survey updated in 2016 covering the full range of protected flora and fauna. A biodiversity calculator was also provided in line with the draft Local Plan. Two bat roosts were found in buildings and a range of nesting birds in the copses present on site. The applicant is fully aware of the need to obtain a licence to translocate the bats to replacement roosts once the development proceeds. The impacts from the completed development are intended to be mitigated by provision of a detailed Landscape and Ecology Management Plan which will centre on best use of the open spaces in the north-eastern and south-western areas of the site. A condition is proposed to secure the on-going habitat and ecology improvements into the future. The majority of the significant trees are along the northern and eastern boundary and in the copse in the south-western corner. There would be loss of vegetation in creating the new accesses onto Goffs Lane and Burton Lane but overall, the

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scheme as indicatively laid out would minimise the impact on the TPO trees and associated vegetation of importance. Landscaping conditions would also ensure that domestic and structural landscaping provides a suitable setting for this new housing development. The proposal is considered to be acceptable in respect of adopted Policy HD17 and draft Policy NEB4.

Ground conditions and drainage

9.11 The application is supported by a detailed desk study of the likely contamination issues associated with the current and previous uses. The contaminants in the soil will clearly be those which accompany intensive horticultural uses over many years and this will have been exacerbated by the large area of collapsed glass houses in the north-western part of the site where pesticides would have been used in past years. All these matters are capable of being resolved by investigation, remediation and validation as is customary on former glass house sites and a condition is proposed in this regard. The site falls within an area with a low probability of fluvial flooding and it should be noted that the Environment Agency has not objected to this proposal. In terms of surface water flooding, the scheme would utilise flood storage in ponds and swales which are indicatively shown on the layout plan. There are adequate green spaces within the scheme to install SuDS drainage features which would drain to the two drainage ditches which run west-east through the site. The scheme is considered to be acceptable in accordance with adopted Policies SUS12, SUS17 and SUS 18 along with draft Policies W4 and W5. Thames Water has not objected in respect of water supply or foul water subject to conditions relating to water supply reinforcement and a strategy for sewage disposal and these are proposed in the appendix to this report.

Other matters

9.12 As the south-western corner of the site falls within a designated Area of Archaeological Interest it is considered that pre-development investigation of this part of the site should be secured by condition. Objection has been raised on the basis that the development would entail loss of potentially productive farm land. The Council has assessed the impact on sustainability of all its draft allocation sites and this site is not prime agricultural land as defined by Natural England. It is highly likely that intrusion into open land/Green Belt for development will lead to loss of farm land but on this grade of land it is not regarded as a supportable reason for refusal. Self-build does not form part of the proposal and there is no policy requirement for it to do so. The concerns of the resident at the junction of Burton Lane are acknowledged but there is no overriding accident data to support a refusal and this is already a well-used junction onto a local distributor road.

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Langdons & Ballymour, Andrews Lane and Land between Andrews Lane and Burton Lane, Goffs Oak, Herts, EN7 6SP

2. CONSULTATIONS

2.1 Environmental Health – Reply awaited

2.2 Environment Agency – No response

2.3 HCC Highways – No objection subject to conditions and contributions towards sustainable transport initiatives – to be confirmed verbally at committee

2.4 HCC Flood Risk – No objection subject to conditions

2.5 HCC Infrastructure Officer – Requests planning obligation contributions in line with HCC toolkit in respect of primary/secondary education, library services and youth services

2.6 Herts and Middx Wildlife Trust – No objection subject to conditions in relation to further surveys but comments that there should be a 25m wide wildlife corridor west-east through the site

2.7 CPRE – Objects to inappropriate development in the Green Belt

2.8 Goffs Oak Community Association – Objects on the basis that the application site is unspoiled grazing land in the Green Belt, there are no planning reasons to justify its development for housing and the application should be refused. Green space around St James village would be lost. There are no s.106 contributions being offered. The site would lose 50% of its biodiversity. There may be issues in relation to drainage and foul water disposal.

2.9 Herts Constabulary – Supports the application which is intended to be submitted for “Secured by Design” accreditation.

3. PUBLICITY

3.1 The application was advertised by means of a press advert and site notice posted on 22nd December 2017 and individual letters to 54 neighbouring properties.

3.2 Individual letters were sent to the properties in the following streets: Great Groves, Burton Lane, The Gateways, Lea Mount, The Maples, Whitehaven Close and Andrews Lane

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4. REPRESENTATIONS

4.1 Ten letters of objection/comment have been received from neighbouring properties raising the following concerns:

 The new dwellings would put pressure on broadband services in the area  There will be pressure on local bus services  There will be longer waiting times for doctors’ surgeries  Traffic management will be needed to cater for additional cars and visitors  There will be noise, dirt and disruption for more than five years if the gravel were to be extracted prior to development  The borough needs more affordable accommodation for homeless residents and houses for elderly people to downsize  This is special Green Belt which prevents Goffs Oak marrying up with Cheshunt and is green space which should not be infilled  There would be no benefit to the local community and no payments under section 106 to compensate the borough  The surface water in the area needs to be dealt with or there will be even more flooding  This development was not part of the local plan allocation

5. RELEVANT LOCAL PLAN POLICIES

5.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001-2011 (adopted December 2005) apply:

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5.2 The following policies of the Local Plan Regulation 19 Submission Draft March 2018 are also applicable:

6. LOCATION AND DESCRIPTION OF SITE

6.1 The L-shaped application site is located to the south of Andrews Lane and to the east of Burton Lane, having an area of around 4.5ha. It currently takes its main vehicular access from Andrews Lane along an unmade track which is at the western edge of the site. There is also a farm-gated access from Burton Lane. The two dwellings at Langdons and Ballymour are on the eastern side of the site and are accessed from Andrews Lane. The former has an ornamental pond in its rear garden. There is a small complex of single storey stable and storage buildings to the centre of the site in an area which is understood to previously have been used for glass houses/food production as part of a far larger site which included the residential development to the west at Great Groves.

6.2 There is self-set vegetation along the street boundary of Andrews Lane and a rural hedge where the site meets Burton Lane. The western side of the site is formed by the garden fences of the adjoining houses in Great Groves and Whitehaven Close. To the south is the derelict boundary of Tudor Nurseries which includes a drainage ditch while to the east are the gardens of the two on-site dwellings, a row of TPO trees which separates this site from the Crest Nicholson site which forms part of their proposed development to the south of Andrews Lane and Lea Mount. The land rises north-south and also falls away to the east where the dwellings are located. The site is located within flood zone 1 with a low probability of fluvial flooding.

6.3 Burton Lane is an unclassified road subject to a 30mph speed limit.

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Location of Proposed Site Access

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7. PROPOSAL

7.1 The application is in outline with only the accesses onto the public highways of Andrews Lane and Burton Lane to be determined at this stage. The scheme has been amended since submission to reduce the number of dwellings to a maximum of 60 rather than 63 as originally proposed. The layout is proposed to be in an L- shape to follow the footprint of the land, leaving a green corridor along the western side of the site ranging in width from 40m to 55m. The northern access road would not connect vehicular traffic through to the Burton Lane access but there would be connectivity for pedestrians and cycles between those roads, through to Tudor Nurseries and east into the land controlled by Crest Nicholson.

7.2 The dwellings would be a combination of detached, semi-detached and terraced dwellings of two storeys with chiefly in-curtilage car parking but with bay parking for some terraces. There would be 40% of the total as affordable units. The green corridor is shown with access paths, swales and retained vegetation which are notional at this stage. This land would have public access and most likely be used for informal recreation. A replacement pond is shown in the north-eastern part of the site which could be part of a SuDS system or simply a focal point of ecological value for the new community.

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Indicative Site Layout

7.3 The indicative design of the houses would be strongly traditional, borrowing many of the design features of period buildings in the vicinity of the site including feature gables and timber/render detailing, tile-hanging and weatherboard cladding. Materials would similarly follow a traditional palette seeking to establish visual links with surrounding built typology and form. The density of this element of Rosedale Park would be 13.3 dwellings per hectare.

7.4 The application is accompanied by a design and access statement, a planning statement and reports relating to flood risk, transport, ecology, trees and archaeology

7.5 The applicant submitted a formal request for a screening opinion in respect of the requirement for an environmental impact assessment of the proposal. The Council is considering whether the proposal necessitates submission of such an assessment and whether the implications for the site and surrounding area can be readily considered in the context of the suite of reports which accompany the outline planning application.

7.6 The applicant undertook pre-application advice with the Local Planning Authority in relation to the principles and design of the proposal.

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8. RELEVANT PLANNING HISTORY

8.1 There is no recent relevant planning history on the application site

8.2 Permission was refused [as part of a larger site] for residential development on the northern part of the site in September 1973.

8.3 Permission was refused in July 1973 for residential development on the southern part of the site

9. APPRAISAL

9.1 The main issues for consideration in this case are as follows:

1. The principle of development for residential accommodation

2. Design and townscape

3. The impact on living conditions for neighbouring properties

4. Living conditions for future occupiers of the property

5.Highway Access and car parking

6. Landscape and Ecology

7. Ground Conditions and Drainage

8. Other matters

These matters are appraised in turn below.

Principle

9.2 The proposal, as confirmed in the first part of this report, forms one element of the Rosedale Park draft site allocation under Policy CH2. The start of the report looks in detail at the principle of development in the Green Belt and also the issues around formally determining the application at this point in the Local Plan adoption process. The conclusion drawn from that assessment is that the principle of development and determination are acceptable in the context of local and national planning policy.

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Design, Layout and Townscape

9.3 The application is in outline but the design and access statement offers a series of indicative images in order to set out the vision for the development. It is proposed to use design cues primarily from the period buildings in the locality and not seek to replicate the scale and design of the recent housing development immediately to the west. The two storey buildings are shown as having steep roofs with a mixture of gables, cropped-hip and full hipped styles. There would be feature brick chimneys, decorative eaves detailing with contrasting brick patterns to add visual interest. The initial design concepts are considered to be capable of resulting in an attractive series of dwellings across the site. The reserved matters details would be considered in the context of whatever designs had been established at the point of determination of the formal reserved matters application. Good quality materials would be important in achieving high quality design in a location which would be especially prominent in views from the adjoining public open space. A condition is proposed to secure details of facing and roofing materials.

9.4 The layout takes account of the Rosedale Park Indicative Concept Plan which accompanies Policy CH2 of the draft Local Plan which produces a development which is concentrated along the eastern and southern site boundaries. The houses are predominantly shown to address the access road and open space with the more modestly sized units served by private driveways off to the east. The layout would include good connectivity to the north and west while linking via foot/cycle routes into the developments assessed elsewhere in this report. The green space would offer a significant visual break between the estate to the west and the houses in this proposal. The scheme is considered to be in accordance with adopted Policies HD14 and HD16 along with draft Policy DSC1.

CGIs

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Impact on Living Conditions for Neighbouring Residents

9.5 The proposed houses would be at least 40 metres from the rear boundary of the houses to the west and there would be a tree screen separating this site from the Crest Nicholson controlled site to the east. There are trees and a considerable distance to the nearest dwellings in Lea Mount while to the south, the indicative layout at Tudor Nurseries shows a road and house gables facing the rear gardens of the houses in this proposal. The houses in Whitehaven Close would be at least 50 metres distant while the nearest house on Burton Lane is at 90 degrees to the new houses at the south of the site, preventing any material loss of privacy. There would, of course, be additional activity created by this new estate but there is no good reason to suspect that this would be different from any other housing development in this respect. The impact on privacy, day and sunlight from nearby occupiers is considered to be acceptable in line with adopted Policy H8, draft Policy ENV1 and the NPPF.

Living Conditions for Future Residents

9.6 The indicative layout has been amended to remove three dwellings from the scheme. This has addressed officer concerns that there were rear gardens dominated by large TPO trees and areas of the site which were overly dense. There are smaller two bedroom properties proposed as well as three bedroom semi-detached houses and large four/five bed units. Each house would have an adequate private amenity garden and as indicatively shown would meet the Council’s standards for privacy distances set out in the SPG. The footprints of the houses are capable of meeting the nationally described and local floorspace standards which will be a material consideration at reserved matters stage. The standard of accommodation and associated amenities are considered to be acceptable in relation to adopted Policy H8, draft Policy DSC1, the Council’s SPG and national guidance.

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Highway Access

9.7 This outline proposal would have an access serving each part of the site taken from Burton Lane and Andrews Lane. The existing farm gated access onto Andrews lane at the western edge of the site would be closed and a new road installed further to the east where adequate sight lines can be achieved to the west and east. The current access to the site from Burton Lane is immediately next to Whitehaven Close and this would be closed in favour of a road junction set further to the south which would benefit from good visibility both to the north and south. HCC Highways is understood to have agreed the principles of both new accesses and formal confirmation is awaited along with proposed condition wording. A pedestrian access to the new school is proposed from the north of this development and HCC has noted that this scheme should not come forward ahead of the other elements as crossing Andrews Lane would be unsafe while the national speed limit remains in force.

Car Parking

9.8 The scheme as presented indicatively in outline shows car parking overall to be in accordance with the Council’s SPG standard. The two bed houses would have two spaces, the three bed houses, three and the four/five bed houses would benefit from four parking spaces. This level of provision would also help to keep t the two access roads from Burton Lane and Andrews Lane being obstructedwith parked vehicles and allow access for service and other larger vehicles for which provision has been made in the road and driveway layout.

9.9 It is considered that the highway access and car parking provision are acceptable for the proposed development in the context of with the Interim Car Parking Standards, Policies T3 and T11 of the adopted Local Plan, Policies TM2 and TM4 of the draft Local Plan and the NPPF.

Landscape and Ecology

9.10 The application is supported by a tree survey and an ecology report. The tree survey finds that the trees of quality are concentrated primarily along and just beyond the eastern boundary with two more associated with the on-site houses and one plus a hedgerow on a short part of the southern boundary. The indicative layout has taken account of the significant trees, those on the southern side of the land being covered by a TPO. The southern boundary would be residential gardens and the tree on the Andrews Lane frontage would not be affected by the location of the new road access. There would be a landscaping scheme required for the houses and the public open space and this would be secured by conditions. A phase 1 habitat survey was undertaken to inform the Ecology Report and this has found evidence of a bat roost and potential in two trees for bat presence. In addition, there is man-made pond in the rear garden of Ballymour which could have the potential to contain Great Crested Newts. The Report recommends that further survey work takes place prior to development to ensure that protected species are not harmed. The Herts and Middx Wildlife Trust does not object to the proposal so long as the improvements in overall biodiversity across the site are achieved and the additional surveys take place. Given the importance of this application to the comprehensive masterplanning and the potential ability to reproduce the lost

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habitat within the site, it is considered that the ecological implications are acceptable subject to conditions. There would be a gap in the townscape provided by a replacement pond and this would allow wildlife to access retained tree belt and other open space. The scheme is considered to be acceptable in accordance with adopted Policy HD17 and draft Policy NEB4.

Ground conditions and drainage

9.11 The site has historically been associated with horticulture and has been used in recent years for storage purposes and stabling. The condition of the ground would reflect the historic uses and a condition is proposed to require thorough investigation and remediation of the land prior to any residential development. The site falls within an area designated by the Environment Agency as having a low probability for fluvial flooding. With regard to surface water drainage, as the site slopes away from the ditch at the northern boundary it is not possible to use that for draining surface water. Instead, it would be dealt with by means of flood storage swales in the public open space in the western area of the site before being discharged at greenfield rates at the north-western corner into an existing drain which feeds a tributary of Rags Brook. The County Council as lead local flood authority does not object to this method of surface water drainage subject to conditions dealing with the technical design of this element. The scheme is considered to be acceptable in accordance with adopted Policies SUS12, SUS17 and SUS 18 along with draft Policies W4 and W5.

Other matters

9.12 It is proposed to deal with archaeology by means of a watching brief by a suitably qualified archaeologist during intrusive ground works.

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10. STRATEGIC HIGHWAYS AND TRAFFIC GENERATION

10.1 With regard to potential traffic impacts from Rosedale Park, the three sites need to be assessed in combination because this is a strategic allocation in the draft Regulation 19 Submission Local Plan and so that the cumulative, practical impact of vehicles using the sites can be evaluated. The main access/egress for the Tudor Nursery site would be from Goffs Lane and HCC as local highway authority considers that there is capacity on this local distributor road to deal with the additional traffic. The primary traffic flows from the Crest proposal are anticipated to be from Andrews Lane and along Rosedale Way. HCC has confirmed that while this is acceptable in principle, adjustments would need to be made to the junction meeting the roundabout by Lieutenant Ellis Way to generate more capacity. The applicant has accepted the need to undertake these road works. There would be increased traffic flows in a westerly direction along Andrews Lane generated by the Crest proposal and the scheme at Langdons/Ballymour. There has been detailed discussion between the applicants and HCC on the likely level of this extra volume and the outcome is that the applicant has accepted that road modifications are required at the Andrews Lane/Burton Lane junction to relieve a pinch point. These works would widen the west-bound access and while adding capacity, would not fundamentally alter its character as a rural junction. Although there would be more traffic along Burton Lane, HCC as local highway authority has not objected in respect of this impact and Members may wish to bear in mind that the final closure of the commercial nursery operations with associated HGV movements and other business traffic would be removed by this residential proposal.

10.2 Several objectors, including the Goffs Oak Community Association, have alluded to the additional traffic generated by Rosedale Park and have stated that surrounding roads and Goffs Oak in general would not be able to cope as there is already congestion at peak hours. Members will be aware the development of the strategic sites across the Borough over the next 15 years would be accompanied by interventions across the highway network including upgrades to the A10, its junction with Lieutenant Ellis Way and re-working the junction of Goffs Lane/Cuffley Hill/Newgatestreet Road including installation of traffic signals. The transport models prepared for the Council as part of the evidence base for the draft Local Plan indicate that the strategic road works proposed by the Council will be sufficient to keep the highway network operating and the traffic moving. Contributions to these strategic road proposals are proposed as part of the section 106 agreements.

10.3 With regard to sustainable transport options, the Rosedale Park development would also entail improvements to bus services and access. Two upgraded bus stops would be provided on Goffs Lane as part of the Tudor Nursery development and provision would be made within the Crest proposal to enable the 242 bus to service the site via a detour along Andrews Lane and the new link road, with a dedicated turning point and shelter to serve the new school. In addition, discussions are on- going with HCC in relation to how the bus service can be enhanced in terms of either frequency or spread of times when a regular service [for example to the railway station] can be provided to residents. This potential upgrade is likely to involve an initial subsidy from these developments which would later be off-set by greater revenues for the bus operator from the new population in Rosedale Park. In addition, there would be significant on-site facilities including two shops, a school and potentially a medical facility, with good foot and cycle access, all of which can help to moderate casual car usage. A response from HCC has yet to be received

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on the detail of the points set out above, but in principle they support the scheme as it stands. The exact amount and form of bus subsidy has not been agreed but the applicants have agreed to make financial contributions to support and reinforce this service. Members will be updated at committee in respect of a formal highway response from the County Council.

11. PLANNING OBLIGATIONS

11.1 The Council has been negotiating with all three applicants in order to reach a position whereby the impact of these major developments can be mitigated through measures which meet the statutory tests for planning obligations. In addition, as a key component of the draft Local Plan housing allocations, proportionate contributions from each site towards social and physical infrastructure to underpin the future developments across the Borough over the next 15 years and beyond.

11.2 The main heads of terms for the legal agreements have been substantially agreed with all three applicants and finalising the detailed wording in each case is an on- going process. The delivery of the content of the agreements would be phased against dwelling completions but Members should note that it will be essential for the proper planning of the overall scheme to achieve early delivery of the primary school, the new link road through the northern site and the main north-south public footpath which would connect the two main developments and provide full access to the school. The heads of terms are summarised as follows and relate to all three sites unless otherwise noted in the text:

 Affordable Housing– 40% of the total number of dwellings at a tenure split of 65% affordable rental and 35% other tenures – to be provided on site

 Education – Primary/Nursery: Crest Nicholson to procure a two form of entry primary school on their land and the other developments to make proportionate financial contributions to the cost of the building and land value

Secondary: Proportionate per dwelling contributions to provision of a secondary school at Church Lane, Wormley as safeguarded within the Local Plan

 Strategic Transport – financial contributions to major works to the A10 and other strategic junction interventions set out in the draft Broxbourne Transport Strategy

 Local Transport – Proportionate per dwelling contributions in relation to sustainable transport to include enhancement of the existing local bus services

 Town and Village Centre Regeneration - Proportionate contributions in relation to mitigating impact on the local centre at the Old Pond and Goffs Oak village

 Medical/Community – Crest Nicholson to construct a building to shell and core on land in their control with proportionate per dwelling contributions from the other two developments – see below

 Open Space – Provision of on-site open space as set out in the respective planning applications with proportionate per dwelling contribution to the main footpath link and provision of strategic open space. Strategic and managed areas to be transferred to the Lands Trust with commuted sum A53

 Sports and Recreation – Proportionate per dwelling contribution from each site towards improvement and expansion of Rosedale Sports Club with Crest Nicholson providing ground works in lieu to deliver re-modelled sports pitches at the Club and on land to the south of the existing grounds

 Estate Management Schemes to ensure that all public areas are appropriately managed in perpetuity. This would include the majority of site roads which are not anticipated to be adopted by Hertfordshire County Council

11.3 To clarify some of the above details, the Council has not been able to get confirmation from HCC in relation to the specification of the on-site primary school and associated nursery and in the absence of such crucial detail has provisionally agreed with Crest Nicholson that a 2FE primary facility in line with DFES guidelines will be provided on their land. The cost of this school to turnkey level is estimated at around £7.75million. On completion the school would be offered to HCC for them to procure an operator. This Council would step in to take on that role if HCC declines this proposal.

11.4 NHS England has sought contributions towards a full range of medical services to a total in excess of £2.0-m but has not to date clarified local medical projects which would directly benefit from this financial intervention. This Council understands that there is significant pressure on local primary and general medical services with patient rolls being considerably over-subscribed at the three nearest GP surgeries. The intention is for the northern site to provide a building footprint of 250sqm which would be reserved for medical use by a GP practice. If no medical use is forthcoming then a community use would be established in the building, the precise details and timings of which would be set out in the legal agreement. Should there be no appropriate community use then the unit would become commercial as part of the local centre.

11.5 The following would be provided to an agreed specification:

 Re-modelled sports pitches at Rosedale Sports Club  Foot/cycle path links through all elements of the public open space  The new neighbourhood play area to the north of the school/local centre  Bus stops on Goffs Lane

Delivery and Equalisation

11.6 Crest Nicholson controls the land on which the country park, primary school and the medical/community facilities would be provided and they have undertaken to deliver these vital elements so as to provide a comprehensive and sustainable approach to this major development site. As the developer of the main northern part of the site, these major costs would fall on Crest Nicholson and it is considered necessary that a mechanism is established to ensure that the financial burden of the land and capital cost would be equitably shared across the whole allocated site. Such a legal formulation can be described as an ‘umbrella’ which would effectively cover the upfront financial outlay of the developer by requiring for a relevant period [up to 15 years] that the Council seeks proportionate contributions from all relevant developments within the Rosedale Park draft allocation site area to defray disproportionate expenditure which will have fallen on Crest Nicholson. In the A54

circumstances it is recommended that the legal agreements should reflect this mechanism so as to secure equitable arrangements across all the relevant development sites, to include in the future, potential applications on the final parcel of land which adjoins Lea Mount. The precise detail of the wording of these clauses and the allocation of costs remains under discussion with the applicants but it is considered that this is an important principle which should underpin the legal agreements to be put in place on Rosedale Park.

11.7 The various road and junction improvements are proposed to be secured by planning conditions with input from the County Council and the legal agreements and the applicants would enter into s.278 agreements with the County Council to provide the necessary works at appropriate times in relation to the delivery of houses and associated development.

12. CONCLUSION

12.1 The Rosedale Park developments which are proposed to be constructed in and around the Rags Brook valley represent potentially the most significant urban expansion within this Borough for well over a decade. The site is allocated in the Regulation 19 Submission Local Plan which was submitted to the Secretary of State in March and which sets out the Council’s policies and vision to provide sustainable residential communities in the period up to 2033. The three applications under consideration in this report constitute the great majority of the draft allocation site which makes up Rosedale Park and the conjunction of these schemes provides an opportunity for the Council to deliver its aim to achieve comprehensive development and a high quality living environment.

12.2 The report has looked in detail at the principles which lie behind the scheme, in particular, the very special circumstances [VSC] which weigh in favour of the applications along with the assertion from interested parties that the Council would be premature in determining the applications in advance of the Local Plan Inspector’s report. The conclusion of the first part of the report is to find that VSC can be demonstrated for the entirety of the Rosedale Park development and therefore for the three constituent elements that make up the three planning applications being presented to the Committee. In principle the VSC would outweigh the harm to the Green Belt inherent in inappropriate development. The first section also reaches a conclusion that the Council would be justified in making a formal determination of the schemes at this point in the context of the status of the draft Local Plan allocation and the advice set out in the NPPF.

12.3 The main body of the report assesses in detail the merits of the individual outline schemes. The outcome of these assessments is that in the case of each application site, a high quality residential environment can be readily achieved. The associated community uses, including local shops, a primary school and site for a medical use would integrate with the dwellings to create a community set within a new country park interlaced with paths to provide full connectivity and public access.

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12.4 The road, pedestrian and cycle facilities within and around the site have been the focus of strong objection and comment from local residents. Successive amendments to the applications have resulted in junction improvement proposals at key points around Rosedale Park and the Local Highway Authority [HCC] raising no objection to the detail of the new site accesses onto Goffs Lane, Burton Lane, Andrews Lane and Peakes Way. Their technical assessment is that the local and strategic road network can operate adequately in the context of peak hour traffic flows from the combined proposals.

12.5 A key component of the comprehensive delivery of Rosedale Park is the three s.106 legal agreements, the heads of terms of which are set out in the previous section. The schemes would, amongst other benefits, provide 40% affordable housing and ensure that the new dwellings would be embedded in significant areas of publicly accessible open space. The schemes would make very substantial contributions towards the full range of physical and social infrastructure envisaged in the draft Local Plan and the associated Infrastructure Delivery Plan, vital for the Council to be able provide for all forms of development within the Borough over the next 15 years.

12.6 The NPPF underlines that the keystone of planning is sustainable development and it is considered that the three proposals presented in this report represent an opportunity to create a sustainable community which is worthy of Member support. The three applications are required to be submitted to the Secretary of State due to their size and Green Belt location and subject to his clearance the recommendation is to approve the comprehensive proposals for Rosedale Park once the requisite planning obligations have been completed.

RECOMMENDED that; planning permissions be granted subject first to submission to and clearance by the Secretary of State, the applicants completing planning obligations under s.106 of the Town and Country Planning Act 1990 (as amended) for the terms set out in this report and the conditions in respect of each application in the Appendix at the end of this report.

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Appendix

Proposed Conditions

Reference No: 07/17/0352/O

1. Approval of Details – Outline applications 2. GEN03 - Standard Time Limits – Outline applications 3. GEN7 – Development in accordance with numbered plans 4. Submission and approval of a comprehensive phasing plan 5. Submission and approval of a Design Code prior to reserved matters applications for each phase 6. GEN13 – Approval of materials 7. GEN14 – Approval of surfacing materials (to include parking bays) 8. GEN15 – Fencing and gates 9. Submission/approval of all external lighting to be installed on the site and access roads 10. RES6 – Parking area to be maintained 11. VEH18 – Drainage to include detailed design of the SuDS surfacewater drainage for each phase of development and to include allowance for climate change 12. Details of water supply upgrade and delivery 13. LS1 – Landscaping and habitat management plan required including 8m buffer zone along Rags Brook and scheme to control/remove invasive plants 14. LS2 – Landscaping details 15. LS3 – Replacement planting 16. LS4 – No felling 17. LS7 – Protection of trees (to include no dig zone) 18. LS9 – Works under tree canopy 19. Implementation of measures to enhance bio-diversity including pre- development site checking, bat mitigation scheme, provision of habitat for stag beetles, reptiles and birds 20. Site investigation, remediation and validation 21. Standard hours of building works 22. VEH01 – Visibility splays 4.5m x 43m 23. Submission of detailed plans of the site access 24. No beneficial occupation until all highway widening and footway works have been completed as approved. 25. Implementation of Travel Plan 26. Submission of construction traffic and environmental management plan 27. Storage of construction materials 28. Installation and use of wheel washing facility 29. Archaeological watching brief 30. Completion of a Traffic Regulation Order to secure closure of Andrews Lane to through traffic 31. Details of external lighting 32. Details of ground levels 33. Refuse and Recycling

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Application reference no: 07/17/0864/O

1. Approval of Details – Outline applications 2. GEN03 - Standard Time Limits – Outline applications 3. GEN7 – Development in accordance with numbered plans 4. Submission and approval of a comprehensive phasing plan Submission and approval of a Design Code prior to reserved matters applications for each phase 5. GEN13 – Approval of materials 6. GEN14 – Approval of surfacing materials (to include parking bays) 7. GEN15 – Fencing and gates 8. Submission/approval of all external lighting to be installed on the site and access roads 9. RES6 – Parking area to be maintained 10. VEH18 – Drainage to include detailed design of the SuDS surface water drainage for each phase of development and to include allowance for climate change 11. LS1 – Landscaping and habitat management plan required 12. LS2 – Landscaping details 13. LS3 – Replacement planting 14. LS4 – No felling 15. LS7 – Protection of trees (to include no dig zone) 16. LS9 – Works under tree canopy 17. Provision of measures to enhance bio-diversity including pre- development site checking, bat mitigation scheme, provision of habitat for stag beetles, reptiles and birds 18. Standard hours of building works 19. Site investigation, remediation and validation 20. VEH01 – Visibility splays 4.5m x 43m 21. Submission of detailed plans of the site access 22. No beneficial occupation until all highway widening and footway works have been completed as approved. 23. Implementation of Travel Plan 24. Submission of construction traffic and environmental management plan 25. Storage of construction materials 26. Installation and use of wheel washing facility 27. Archaeological site investigation 28. Details of external lighting 29. Details of ground levels 30. Refuse and Recycling

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Application Reference No: 07/17/1267/O

1. Approval of Details – Outline applications 2. GEN03 - Standard Time Limits – Outline applications 3. GEN7 – Development in accordance with numbered plans 3. GEN13 – Approval of materials 4. Submission and approval of a Design Code prior to first reserved matters application 5. GEN14 – Approval of surfacing materials (to include parking bays) 6. GEN15 – Fencing and gates 7. Submission/approval of all external lighting to be installed on the site and access roads 8. RES6 – Parking area to be maintained 9. VEH18 – Drainage to include surface water drainage, SuDS and allowance for climate change 10. LS1 – Landscaping and habitat management plan required 11. LS2 – Landscaping details 12. LS3 – Replacement planting 13. LS4 – No felling 14. LS7 – Protection of trees (to include no dig zone) 15. LS9 – Works under tree canopy 16. Provision of measures to enhance bio-diversity including pre- development site checking, bat mitigation/trans-location scheme, provision of habitat for stag beetles, reptiles and birds 17. Standard hours of building works 18. Site investigation, remediation and validation 19. VEH01 – Visibility splays 4.5m x 43m 20. Submission of detailed plans of the site access 21. No beneficial occupation until all highway widening and footway works have been completed as approved. 22. Implementation of Travel Plan 22. Submission of construction traffic and environmental management plan 23. Storage of construction materials 24. Installation and use of wheel washing facility 25. Archaeological watching brief 26 No commencement prior to closure of Andrews Lane to through traffic 27. Details of external lighting 28. Details of ground levels 29. Refuse and Recycling

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Item 4: 07/18/0027/O

Location: Springfield and Westgate Nurseries, Crouch Lane, Goffs Oak

Description: Outline Planning application for the demolition of buildings and provision of up to 17 residential custom- build plots.

Applicant: Mr Dean Williamson

Agent: N/A

Date Received: 09/01/2018 Date of Committee: 22/05/2016

Officer Contact: Peter Quaile Expiry Date: 10/04/2018

Ward Councillors: Cllr Mills-Bishop [Leader], Cllr Moule and Cllr Pearce

RECOMMENDED that planning permission be granted subject to submission to and clearance by the Secretary of State, the planning conditions and the applicant first completing a planning obligation under s.106 of the Town and Country Planning Act 1990 [as amended] for the terms set out in this report

1. CONSULTATIONS

1.1 HCC Highways – Raise objection due to lack of sustainable access to the site

1.2 Herts and Middlesex Wildlife Trust – No objection subject to conditions

1.3 Environmental Health Service – No objection subject to conditions

1.4 CPRE – Objects to inappropriate development in the Green Belt in the absence of very special circumstances

1.5 HCC Fire and Rescue Service – Fire hydrants are needed for this scheme and should be secured via a s.106 planning obligation

1.6 Herts Police - There were 26 burglaries within a one mile radius so the houses should at a minimum be accredited for Secured by Design

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2. PUBLICITY

2.1 The application was advertised by means of a site notice posted 18/01/2018, a newspaper advert (in the Mercury on 18/01/2018) and 45 individual neighbouring letters were sent to properties on:

 Crouch Lane  Colston Crescent  Melvyn Close  Oakdene, St James Road

3. REPRESENTATIONS

3.1 Four letters of objection have been received from neighbouring properties raising the following issues:

 This is Green Belt land which needs to be protected  There could be a detrimental impact on local wildlife including badgers, birds and bats  Traffic drives quickly along Crouch Lane; it is a rat run and is dangerous for pedestrians, cyclists and horse riders  There are blind bends at each end of Crouch Lane  The residential applications in this part of Goffs Oak is in-filling residential areas  This site is not allocated in the draft Local Plan for housing development  Construction traffic would be disruptive and dangerous  Road closures for services upgrades would be excessively disruptive  Westgate Nursery was returning to nature until recent clearance took place  19 units is disproportionate which would result in a huge percentage increase in residents, visitors and deliveries using this stretch, especially with other developments along Crouch Lane  Self-build could extend the period of disruption as each plot was built out  This really is a quiet lane that should be nurtured as it is in Green Belt  The land should be turned into allotments for locals  There should not be developments outside the local plan  The Glasshouse study said this area is not suitable for residential development  There will be massive excavation for sand and gravel over the next 15 years – the good soil should be left in place  The current and future developments in the area will cause traffic and parking mayhem  Demolition of perfectly good greenhouses and cutting down trees is unnecessary and unreasonable  The existing house will be an oasis with houses all around it which is intolerable for the residents  Surface water is piped across the common land to a drain in Crouch Lane and could affect the new houses

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4. RELEVANT LOCAL PLAN POLICIES

4.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001-2011 (adopted December 2005) apply:

SUS12 Development on Contaminated Land SUS14 Water Supply Waste Water Treatment and Water Conservation SUS18 Surface Water Drainage GBC2 Development within the Metropolitan Green Belt GBC19 Protection for Sites of Wildlife and Nature Interest EMP6 Local Employment Sites H8 Design Quality of Development H13 Affordable Housing HD13 Design Principles HD14 Design Statement on Local Character HD16 Prevention of Town Cramming T3 Transport and New Development T9 Pedestrian needs T10 Cycling Provision T11 Car Parking IMP2 Community and Infrastructure Needs Linked To New Development

4.2 The draft Regulation 19 Local Plan 2016 – 2033 was submitted to the Secretary of State 16th March 2019 and the following draft policies within it are a material consideration in assessing this application:

DSC1 General Design Principles ENV1 Residential and Environmental Quality EQ5 Contaminated Land GB2 Residential Development on Derelict Glasshouse Sites H1 Affordable Housing NEB4 Landscaping and Biodiversity in New Developments TM1 Sustainable Transport TM2 Transport and New Development TM4 Parking Standards W4 SuDS

4.3 The Borough-Wide Supplementary Planning Guidance (SPG) (August 2004) (updated in 2013) is relevant in this case as it provides design guidance for all forms of development.

4.4 The National Planning Policy Framework (NPPF) 2012 also needs to be considered. The local planning policies listed above are generally considered to accord with the policies and principles of the NPPF.

4.5 The Interim Policy for Residential Car Parking Standards (approved February 2011) is a material consideration.

4.6 The Technical Housing Standards – nationally described space standards (March 2015) are also relevant.

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5. LOCATION AND DESCRIPTION OF SITE

5.1 The L-shaped application site has an area of nearly 2.5 hectares and comprises two adjoining former horticultural nurseries which are located towards the southern end of Crouch Lane. The sites lie to the east of the lane, to the west is Cheshunt Common land then Colston Crescent. The application site wraps around a house which appears to have previously served a small nursery but is now a dwelling set in grounds. To the north of the site is a house, there is a copse to the south of the site and a ditch runs along the southern boundary draining to the east through open fields. The main access to Springfield Nursery is towards its northern boundary but there is a secondary access immediately to the north of the adjoining house. The associated land at Westgate Nursery has an access close to the southern site boundary via a narrow track. The site has a steep gradient from west to east and also falls to the south.

5.2 Springfield Nursery contains large areas of unused aluminium-framed glasshouses along with a considerable number of other single storey commercial buildings in a variety of materials and styles and a pair of mobile homes at the eastern end of the site. The great majority of the site is hard surfaced with a small green area to the north of the main access. Westgate Nursery has been derelict for many years and is heavily overgrown. The dwarf walls and some superstructure from the former nursery use remains with debris set within the invading plants. The sole remaining structure is a toilet/utility block to the west of the site but there are hard surfaced areas and traces of other commercial structures among the vegetation.

5.3 The entire site falls within the Metropolitan Green Belt and there are local wildlife sites close by to the north and south of the application site. The site does not lie within Flood Zones 2 or 3a as designated by the Environment Agency.

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5.4 There is a semi-rural patchwork of residential, agricultural and isolated commercial uses in the surrounding area. Crouch Lane has a rural character being unlit, without footways and of restricted width in several places.

Springfield Nursery

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Westgate Nursery

6. PROPOSAL

6.1 The application seeks outline planning permission with all matters reserved to establish the principle of constructing up to 17 custom-build dwellings. The intention would be for the developer to offer a restricted range of house types with a selection of materials and finishes to be specified by purchasers of individual plots. The materials suggested by the submitted design code would be brick, render and weatherboarding with a variety of roof coverings. The existing structures and hard standing would be demolished and the site remediated as part of the proposed development of the site.

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Conceptual house types and materials palette

6.2 Future reserved matters

submissions would be required to establish the means of access, scale and layout of development along with the landscaping and appearance.

6.3 The site has an area of 2.47 hectares. The gross density of the development would be 6.88 dwellings per hectare with an area per plot exceeding 1400 sqm.

6.4 The application is supported by a suite of documents comprising:

 Planning, Design and Access Statement  Geo-Environmental Report  Preliminary Ecological Survey  Flood Risk and Drainage Report  Transport Statement  Design Code

6.5 The agent has submitted an indicative access point for vehicles and one for pedestrians, a site/plot layout and indicative elevations of the proposed houses.

6.6 The applicant undertook pre-application advice with the Local Planning Authority in respect of residential redevelopment of these redundant glasshouse sites which indicated that the principle of such a scheme may be acceptable subject to the supporting information and justification.

7. RELEVANT PLANNING HISTORY

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7.1 The relevant planning history is listed below.

 Outline permission for residential development was refused for a large site [including this application site] between St James Road and Crouch Lane in January 1991 under reference 7/886/1990.  Permission was refused and dismissed on appeal for an agricultural dwelling at Springfield Nursery in December 2001 under reference 7/753/2000

7.2 The site has ceased trading as a commercial nursery in recent years and there is a history of planning enforcement investigation in relation to a variety of commercial uses in the former nursery buildings at the rear [eastern part] of the site.

 A certificate of lawfulness for existing use of land and buildings for car repairs was withdrawn in November 2016

8. APPRAISAL

8.1 The main issues for consideration in this case are as follows:

i. Principle of development; ii. Design, layout, and appearance; iii. Impact on the amenity of neighbouring residential properties; iv. Highways and car parking; v. Drainage/Flood Risk/Contamination vi. Ecology vii. Loss of employment land viii. Other matters;

These matters are assessed in turn, below.

Principle of Development

8.2 The site is not allocated for development within the current or emerging Local Plan and is located within the Green Belt. The first issue to consider is the impact on the Green Belt. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

8.3 The National Planning Policy Framework (NPPF) identifies the construction of new buildings within the Green Belt as inappropriate development, unless they benefit from one of the exemptions set out in Paragraphs 89 and 90, one of which is the

“…partial or complete redevelopment of previously developed sites [brownfield land], whether redundant or in continuing use…”

8.4 As horticultural nurseries, the site is specifically excluded from the definition of previously developed land by virtue of Annex 2 [Glossary] of the NPPF as follows: “Previously developed land….This excludes land that is or has been occupied by agricultural or forestry buildings…”

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As a consequence, the principle of developing these former nurseries for residential use is inappropriate development which is contrary to adopted Policy GBC2 and the NPPF. Inappropriate development can only be permitted if there are very special circumstances [VSC] in relation to the application site which would outweigh the harm caused by inappropriate development and justify a departure from adopted Local Plan policy and national planning policy set out in the NPPF.

8.5 The applicant has put forward a number of features of the site and the proposed development which they consider to be VSC as follows:

 The lack of a five year housing land supply within the Borough  Lack of commercial viability for horticultural use  The scheme does not undermine the five key purposes of designating Green Belt land  The scheme is compatible with the emerging Local Plan [Policy GB2]  Remediation of contaminated land  Visual enhancement

Taking these matters in turn, the need to maintain a five year housing land supply is acknowledged but a potential contribution from this site is a beneficial characteristic shared with every other prospective housing site which is coming forward. The poor financial outlook for the smaller glasshouse sites which typify this Borough’s horticultural industry is commonplace across the area as is the remediation which is an inevitable outcome of developing these commercial sites for residential uses. Visual enhancement is again not considered to be a VSC in a policy context which deals primarily with redundant and often derelict commercial sites. With regard to the key purposes of designating Green Belt land, the point should be made that inappropriate development is harmful by definition and in addition, Purpose 5 as set out in the NPPF, seeks to assist in urban regeneration – building in the Green Belt may allow urban decay to continue by offering competitive financial returns.

8.6 The remaining matter which the applicant advances as a VSC is compatibility with the Regulation 19 Submission draft Local Plan. Policy GB2 has been formulated as a method by which glasshouse sites can be regenerated and re-integrated with their [often] semi-rural context while meeting the Council’s statutory duty to address the housing plot needs of those people who have signed up to the Council’s self- build register. Custom-build, which is proposed in this application, falls within the Government’s definition of self-build. This draft Policy represents the Council’s most recent planning statement of how it intendsto deal with the large numbers of former glasshouse sites, most of which are in the more rural, Green Belt areas of the Borough. The Policy sets out five criteria which would fit a site for consideration under its terms:

 The glass houses were built before 20th October 2015  Evidence is provided that the site is not economically viable for horticulture  The continued use is not required to support a larger horticultural holding  The development would provide serviced plots for self-build housing  Redevelopment would benefit the overall openness of the Green Belt

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Considering the above criteria, the glass houses have been there for many years; while no financial details of lack of viability have been submitted, Westgate Nursery is completely derelict and Springfield Nursery has older aluminium glass houses which would need complete replacement, most likely including associated heating and irrigation in order to function. There is no associated, larger horticultural holding. The Council’s Glasshouse Study which forms part of the evidence base for the emerging local plan does not specifically consider Westgate Nursery and in respect of Springfield, identifies that it has limited future viability for salad leaf production, but not for large scale commercial production.

The plots would be custom-build which is encompassed by the Government’s definition of self-build. Redevelopment is considered to be capable of benefitting overall openness but this is heavily dependant on the final layout and design of the individual houses along with their density. Policy GB2 goes on to set out three criteria by which to assess development on qualifying sites as follows:

 The development enhances the rural character of the countryside in which it is set  The proposal includes an acceptable design code that sets out the layout, servicing and landscaping and coding for the dimensions, design and materials for all aspects of the development  The proposal includes a delivery and management plan for the development

8.7 A great deal of the impact of the development and its ability to enhance the rural character of the area would depend on the quality and quantity of structural landscaping which can be planted early within the development along with the layout and disposition of houses. The applicant has indicated tree planting in and around the proposed plots and a future application to establish layout could ensure an organic evolution for the building relationships which would serve to minimise public perception of the built form. In terms of volume, there is an existing 29,151 cubic metres of buildings and structures on the site [chiefly on Springfield Nursery] and the proposed maximum of 17 houses would be likely to have a cumulative volume around one third of that total. Despite the height of the individual houses being greater than the current situation, it is considered that the removal of the sprawling commercial structures, storage and large areas of hard surfacing, can overall benefit the openness on this site and is capable of bringing enhancement to this semi-rural location.

8.8 With regard to the second bullet in draft Policy GB2, a design code has been submitted for the site which indicates a draft layout for the site and shows service access, while confirming that vehicle and cycle parking would meet the Council’s SPG. Aspirational landscaping proposals, showing the applicant’s vision for how the development would be built out, are also included. A maximum height for each plot is set at 2.5 storeys and an indicative range of house designs is included with external materials which are not untypical of dwellings to be found in rural settings. A skeletal outline setting out prospective delivery and management has also been provided which would need to be fleshed out and enshrined in a planning obligation to ensure that policy compliant development was the eventual outcome.

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8.9 The loss of potential employment generating uses within the site also requires consideration in relation to policy EMP6 of the adopted local plan. The current status of the site means that there is no employment while the prospects, briefly looked at above, for a resumption of viable trading are at best remote. This report’s assessment is that the lost employment is permanently gone and that there is no reasonable prospect of the site being re-constituted on a sound financial footing.

8.10 The principle of residential use on this redundant commercial glass house site is considered to be acceptable in that the proposed development is capable, subject to conditions and a suitable planning obligation, of meeting the detailed stipulations set out in Regulation 19 Submission Draft Local Plan Policy GB2. As a consequence, this compliance can be regarded as a very special circumstance which would outweigh the harm caused by inappropriate residential development in the Green Belt in accordance with adopted Policy GBC2 of the Local Plan and paragraph 88 of the NPPF.

Design, layout and appearance

8.11 The design and appearance of the houses has been reserved for future determination but the applicant has supplied indicative elevations as set out below. The indicative designs would employ traditional features with a combination of render, brickwork and weatherboarding as materials. It is considered that the designs should be re-worked in order to break up the planes to reduce apparent bulk and add character to the proposed facades. The roof forms are considered to be too monolithic and in need of more modelling and variety so as to bring a more organic and rural feel to the overall compositions. These matters can be addressed when formally sought for determination at the reserved matters stage. The detail of the materials is proposed to be controlled by planning conditions but the types of cladding and roofing set out in the design code are considered a suitable base point from which to proceed in future submissions, subject to suitable landscaping and tree planting to assist with the assimilation of the development into the surrounding green belt.

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Site Layout

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Indicative Elevations

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8.12 Turning to the layout, the scheme would remove all the existing structures, along with all the associated hard surfacing in order to provide up to 17 custom-build dwellings. The proposal indicatively retains the existing main point of access and serves the houses along a roughly U-shaped access road turning south through the site. The SuDS drainage pond would be at the south end of the site along with a dedicated pedestrian access onto Crouch Lane.

8.13 The layout with plots fronting onto the access road is not considered to be inherently problematic for the site but a less regimented arrangement of plots and associated accesses would be beneficial in underscoring the semi-rural nature of the development. The layout would also benefit from additional and more pronounced tree planting/cover around the boundaries and through the internal public realm. This could have an impact on the number of plots that can ultimately be accommodated through a reserved matters application.

8.14 The layout would not result in overlooking between the proposed houses or any overbearing impact within the site. Equally, there would be good standards of daylight and sunlight for each of the new houses.

8.15 The site would present an acceptable indicative design of houses in a layout which with amendments is capable of improving the openness and the general character and appearance of the Green Belt. As such, the development is considered to comply with and Policies GB2 and DSC1 of the emerging Broxbourne Local Plan and the NPPF.

Impact on the amenity of neighbouring residential properties

8.16 At the closest point, the northern boundary of plot 1 would be more than 13 metres from the nearest part of the house immediately to the north [Little Hennons] while to the south-west, the southern boundary of plot 4 would be more than eight metres from the bungalow at the former Weald View Nursery. Due to the ample dimensions of these two plots, there would be sufficient space to erect a dwelling on each which would not materially affect the daylight, sunlight and privacy currently enjoyed by the two neighbouring houses. There are no dwellings to the east or west of the application site.

8.17 Due to the location, and the scale of the development, it would not be overbearing to neighbours. Noise generation is likely to be significantly less than the previous commercial use as a nursery.

8.18 The footprints of the plot sizes mean that the proposal could comfortably meet the dwelling size, bedroom and bathroom size and garden area standards within the Borough-Wide SPG.

8.19 Details of refuse/recycling storage have not been provided at this stage but there is adequate space and delivery of these facilities can be ensured by planning condition, if the application were otherwise acceptable.

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8.20 The proposed development is not considered to cause material harm to the amenities enjoyed by neighbouring residents and is considered to provide sufficient amenity for future residents. It would consequently comply with Policy H8 of the Borough of Broxbourne Local Plan Second Review, DSC1 of the emerging Broxbourne Local Plan, the Borough-Wide SPG and the NPPF

Highways and car parking

8.21 Vehicles would take access from Crouch Lane as at present. The applicant has submitted a detailed transport assessment which examines accident data for the previous five years in the local area, vehicle speeds along Crouch Lane, vehicle trip rates, peak hour vehicle flows and sustainability of access. HCC Highways as local highway authority has raised objection on the grounds that the site is rather remote and that there is a lack of proposed measures for sustainable transport. As a result, the applicant has proposed a pedestrian route from the southern part of the site, to cross Crouch Lane then create a footpath parallel to the road, on Cheshunt Common land, which would link direct into the footway which leads up to Newgatestreet Road. A path in this location would provide access for pedestrians to reach the local amenities in the village, including schools, shops and doctors’ surgery. The applicant has confirmed that the leaseholder of that third party land is amenable to a footpath along the boundary and formal agreement is currently being sought. As the introduction of this path is critical to the principle of this development, it is intended that it will be enshrined within the proposed section 106 agreement with the Applicant.

8.22 In terms of trips generated from the site, the size of development would not have a material impact on congestion in the area and there is no history of traffic accidents in the vicinity of the site. With regard to vehicle access, the application could provide good visibility at the entrance on its own land or highway land in both directions. HCC notes that there would be loss of vegetation in the verge as part of this process but this is considered to be a matter which can be dealt with by condition. It is considered that, in view of thely much less intensive use of the road junction than a commercial operation would involve, the access for residential use is acceptable. In terms of parking, each of the houses could provide at least three off-street parking spaces in line with the Council’s Interim Policy for Residential Car Parking Standards.

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Existing Vehicular Access

8.23 Conditions are proposed to deal with visibility splays from the vehicle access and in relation to provision of sustainable access to Newgatestreet Road as discussed above.

8.24 The development would not cause material harm to traffic conditions along the public highway in the vicinity of the site and the proposal would comply with the Interim Policy for Residential Car Parking Standards. As such the scheme is in accordance with adopted Policies T3 and T11 and draft Policies TM1, TM2 and TM4 of the Regulation 19 Submission Local Plan.

Drainage/Flood Risk/Contamination

8.25 The applicant has confirmed that the previous operation dealt with foul water off mains and it is the intention that the houses now proposed would adopt a similar method with clean, treated water travelling to the drainage ditch to the south of the site. The site falls outside any designated flood zone and given the reduction in footprint and hard surfacing the development would generate significantly reduced run-off when compared to the commercial use. The applicant has submitted a technical assessment of the surface water drainage, including a pond/swale at the southern end of the site and discussions are on-going with HCC as lead local flood authority. A verbal update can be provided at Committee on this matter. Conditions are proposed to deal with details of all drainage facilities associated with the residential proposals.

8.26 The applicant has supplied a report on the probable ground conditions and likely receptors in the vicinity. In view of the commercial uses including horticulture, storage of fuels and considerable amounts of asbestos roofing there are likely to be hotspots of contamination meaning that the site would need to be thoroughly remediated prior to residential use. The report from the applicant recommends intrusive ground investigation and the Council’s Environmental Health Service has stated that full investigation, remediation and validation is needed to ensure that the site is fit for human habitation. A condition is proposed to deal with this matter as set out at the end of this report.

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8.27 Subject to submission of the detail of the on-site drainage measures and details of the scheme for remediation, the application is considered to be acceptable in terms of drainage and pollution control. In this context, the proposal is considered to comply with Policies SUS12 and SUS14 of the adoptedLocal Plan and draft Policy EQ5 of the Regulation 19 Submission Local Plan.

Biodiversity/ecology

8.28 The site is not designated as being part of a Local Wildlife Site or a Local Nature Reserve but there are non-statutory local wildlife sites to the north and south, albeit not adjoining the application site. The application includes a preliminary ecological assessment of the site and its surroundings which did not discover any protected species associated with the land or buildings. The report advised that further detailed studies in relation to bats and reptiles are undertaken prior to any work starting on site. There are no individual trees in the development area which are worthy of protection but semi-natural tree/hedgerows around the boundary can be enhanced and bolstered by suitable native planting.

8.29 It is suggested that a condition should be imposed to ensure delivery of increased bio-diversity of fauna and flora across the site; installation of bat and bird boxes. Along with judicious planting of trees and domestic vegetation, such measures could significantly increase the wildlife potential across the application site. The Herts and Middx Wildlife Trust has responded positively to this proposal and considers that a net gain in bio-diversity can be delivered via development. It is considered that the application is acceptable in relation to adopted Policies GBC19 and GBC20 of the Local Plan and draft Policy NEB4 of the Regulation 19 Submission Local Plan.

Other matters

8.30 With regard to affordable housing and planning obligations as set out in adopted Policy IMP2, as a Major application (10 dwellings or greater) the scheme is above the government imposed thresholds for seeking financial or other contributions to physical and social infrastructure via a s.106 agreement or unilateral obligation. In this context it is considered that a planning obligation should be sought in relation to the following matters:

 Off-site affordable housing contribution on the basis of 40% of the number of residential units multiplied by 1/3 of the value of a typical house in the development.  £3000 per bedroom towards social and physical infrastructure in the vicinity of the site  An obligation to develop the site as custom-build housing  Footpath connection to Goffs Oak village  Full Design Code – including implementation and management  Site Management  Fire Hydrants

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8.31 Residents have also raised concerns in respect of new housing in Goffs Oak infilling the area – it is considered that the modest development would enhance the semi-rural area rather than make it more urban. There would be impacts from construction traffic and services upgrades but these are not matters on which to base a planning refusal. As custom, rather than self-build is proposed the potential for staggered construction is not an issue more than any other conventional housing scheme. There is no proposal to excavate sand and gravel from this site. The Council does not own the site and there is no practical mechanism for creating allotments in this location. This scheme is not allocated in the adopted Local Plan but is considered to be in accordance with the emerging Policy GB2. The Glass House study is a background document to the draft Local Plan not a policy document. Surface water drainage in the locality is proposed to be dealt with by condition and is one of the statutory duties of the County Council.

9. CONCLUSION

9.1 The application site is not considered to be “previously developed land” but the report has concluded that the proposed development would be in accordance with draft Policy GB2 of the Regulation 19 Submission Local Plan. Although the weight to be attached to this policy is limited as it is not yet adopted, following the submission of the Plan for examination, the policy can be regarded as a key part of a very special circumstance which is capable of outweighing the harm caused by inappropriate development in the Green Belt. The impact on openness and character would be beneficial when contrasted with the existing state of the land and buildings. The report also notes that the indicative layout and design are acceptable subject to amended details to be determined under reserved matters submissions. The highway implications, to include a pedestrian access from the southern end of the site, are considered to be acceptable subject to conditions. The impact on biodiversity is likely to be positive. There would not be a significant impact on local employment and uses as a result of the proposal. As the site area exceeds one hectare within the Green Belt it is required to submit the proposal to the Secretary of State for a decision on whether to call in the application for his decision.

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10. RECOMMENDED that planning permission be granted subject to submission to and clearance by the Secretary of State, the planning conditions and the applicant first completing a planning obligation under S106 of the Town and Country Planning Act 1990 (as amended) for the terms set out in this report

1. Time Limit (Outline Applications) 2. Submission of reserved matters [access, layout, scale, appearance and landscaping] 3. Development in according with approved plans 4. Submission of a detailed design code to cover matters including the range of dwelling types for customizing, external facing and roofing materials, surfacing materials, fencing/boundary treatments, garaging and plot landscaping 5. Refuse/recycling storage and collection 6. Structural landscaping details (notwithstanding) 7. Hours of construction (8-6pm Mon-Fri) and (8-1 Saturdays) No Sundays/Bank Holidays 8. Details of surface water drainage and sewerage 9. Wildlife survey, mitigation/enhancement 10. No felling of trees prior to landscape scheme 11. Ground contamination assessment, remediation and validation 12. Private use of garages and parking spaces 13. Completion of all roads and parking before first occupation 14. Visibility splays at junction 15. Details of access and turning within site 16. Construction management plan including wheel cleaning 17. Removal of Permitted Development Rights Classes A through to E

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The following schedule sets out the applications outstanding in excess of the Statutory 8 week/13 week period as at 22 May 2018

Ref No Description & Location Reason for Expiry date Delay/Comments LARGESCALE MAJOR 07/16/0877/F Three storey side extension, Awaiting s106 23.12.2016 external alterations and conversion of existing building to create 25 flats - Wellington House Trust Road Waltham Cross 07/18/0021/O Outline planning application for Seeking Heads 09.04.2018 the redevelopment of the site for of Terms residential, with vehicular access of Lieutenant Ellis Way, and other associated works - Land West of Bury Green Road Cheshunt 07/18/0022/O Outline planning application for Seeking Heads 09.4.2018 the redevelopment of the of Terms western playing fields, former St Mary's School, for residential, with vehicular access off Dark Lane, emergency vehicular access at the eastern boundary, and other associated works - Former St Marys High School Western Playing Fields East of Dark Lane Churchgate Cheshunt

TOTAL MAJOR THIS MONTH: 3 TOTAL MAJOR LAST MONTH: 3 SMALLSCALE MAJOR 07/14/0569/O Outline application for residential Awaiting 26.09.2014 development of 13 dwellings, finalisation access, car parking, public open space and other related development - Former Wormley Primary School St Laurence Drive Wormley 07/16/0388/F Variation to condition 2 of planning Awaiting Deed of 30.06.2016 permission 07/14/0026/F "The Variation to S106 development hereby permitted shall be carried out and completed in accordance with the proposals contained in the application and drawings numbered 331125.10 - 27 submitted therewith, unless the Local Planning Authority otherwise A79

agrees in writing". - Oaklands Yard Essex Road Hoddesdon 07/16/0557/O Outline application for residential Awaiting s.106 11.08.2016 redevelopment and associated obligation. development - Fourfields Rosedale Way Cheshunt 07/16/0930/O Construction of a Gypsy and Awaiting 18.11.2016 Traveller site and use of land as clearance from allotments as a replacement for the the Environment existing Halfhide Lane sites - Land Agency South of Hell Wood Turnford 07/17/0900/F Variation to condition 1 of planning Awaiting Deed of 01.12.2017 permission 07/16/1354/RM to Variation to S106 replace drawings and additional drawing to include the Electrical Substation - Land at Britannia Nurseries Bryanstone Road Waltham Cross 07/17/1044/F Demolition of vacant light Awaiting s.106 05.01.2018 industrial/commercial units and obligation. replacement with new mixed use building containing A1/ A2/ A3 or B1a use at ground floor level and 22 no. units of residential accommodation - Units A - D Woodside Brewery Road Hoddesdon 07/18/0010/F Change of use of part ground and Under 30.03.2018 first floor from A3 use to 9 no. flats, consideration 2 no. ground floor A1 retail units and alterations to add windows/door - 143-145 High Street Waltham Cross 07/18/0101/F An additional storey to the existing Under 30.04.2018 roof of Brunswick Court to provide consideration an additional 10 no. flats - Brunswick Court Rawdon Drive Hoddesdon 07/18/0130/F Conversion and extension of the Under 08.05.2018 upper parts of the site to provide 16 consideration residential dwellings, private and public amenity; 19 parking spaces of which 1 space will be allocated to disabled parking; cycle storage and 56 solar panels - 99 High Street Waltham Cross TOTAL SMALLSCALE MAJOR THIS MONTH: 9 TOTAL SMALLSCALE MAJOR LAST MONTH: 10

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MINOR 17.03.2011 07/11/0043/F Change of use of the existing first Awaiting floor of the property from B1 office withdrawal. and premises to C3 residential dwelling, subdivision of first floor to create 4 no. self-contained residential flats - 89-93 Turners Hill Cheshunt 10.11.2011 07/11/0730/O Outline application for new footbridge Awaiting s.106 over railway line at Park Lane, obligation. including bridleway route via level crossing to be discontinued with new alternative pedestrian footpath, cycle/bridleway route (Refer 07/11/0731/F) - Land opposite 116 Park Lane Waltham Cross 27.08.2014 07/14/0566/F Re-alignment and introduction of Under traffic lights at the junction of consideration Brookfield Lane West and Flamstead End Road - Road Junction Brookfield Lane West and Flamstead End Road, Cheshunt 21.11.2014 07/14/0867/F Continued use of vacant industrial Awaiting flood risk site as open storage, parking and assessment. container storage (Refer 07/13/0868/F) - Plots F and L RD Park Essex Road Hoddesdon 22.05.2015 07/15/0267/F Change of opening hours from 7am To be amended by to 11pm Monday to Sundays and applicant. Bank or Statutory Holidays to 7am to 11pm Sunday to Thursday and Bank or Statutory Holidays and 7am to 2am Friday and Saturday - 74 High Street Waltham Cross 08.05.2017 07/17/0199/F Variation to condition 1 of planning Awaiting permission 07/13/0083/F for the amendments addition of 2 no. bin stores as contained in drawings 322/16/VC/PL1003 revision A, 322/16/506 and 322/16/507 - Garage site off Downfield Road Cheshunt 21.02.2018 07/17/0951/F Creation of 18 hole themed mini golf Under course on part of existing pub garden consideration and play area - The Vine 207 High Street Waltham Cross 23.11.2017 07/17/1018/F Extension to ground floor retail unit, Under partial conversion and extension of consideration existing first floor and construction of new second floor to create 8 no. residential units (Re-submission 07/16/1401/F) - 89 High Street Hoddesdon A81

31.01.2018 07/17/1169/F Additional offices in portacabin - GB Awaiting s.106 Canoeing Lee Valley White Water obligation. Centre Station Road Waltham Cross 07.03.2018 07/18/0034/F Conversion and extension of 24 Awaiting College Road into 2 no. two bedroom amendments apartments and 1 no. one bedroom apartment and the erection of a new block containing 3 no. one bedroom apartments and 1 no. two bedroom apartment (total of 7 dwellings) with associated car parking, bike and bin storage - 24 College Road Cheshunt 22.03.2018 07/18/0095/F Erection of a detached three bed Under house and a block of 4 no. two bed Consideration – flats (Re-submission 07/17/0784/F) - 182 Churchgate Road Cheshunt 04.04.2018 07/18/0141/F Relocation of replacement Under telecommunication mast and consideration equipment - Cheshunt Park Farm Park Lane Paradise Cheshunt 17.04.2018 07/18/0187/F Erection of 7 detached two storey Under dwellings with access road, parking, consideration garaging and landscaping - Land off Eaton Gardens Wormley 23.04.2018 07/18/0202/F Conversion of barn and lean-to Under stables to form three new two- consideration bedroom dwellings, alterations to building to form new windows and doors, layout of gardens and parking area - Barn at St Lawrence Bush Farm Darnicle Hill Cheshunt 24.04.2018 07/18/0206/F New detached building providing 3 Under no. two bed flats and 1no. studio flat, consideration amenity and car parking - 4 Brewery Road Hoddesdon 26.04.2018 07/18/0218/F Rear mansard roof extension to Under accommodate two self-contained 1 consideration bedroom apartments and reconfiguration of internal floor space to create additional 2 bedroom apartment (Refer listed building consent 07/18/0219/LB) Re- submission 07/17/0800/F - 79 Crossbrook Street Cheshunt 30.04.2018 07/18/0225/F Installation of one non-permanent Under caravan/mobile home on existing consideration hard standing 07.05.2018 07/18/0252/F Construction of seven dwellings, new Under access road and landscaping consideration following the demolition of existing buildings - White House Farm St James Road Goffs Oak A82

09.05.2018 07/18/0255/F Demolition of existing buildings and Amended by erection of a new three storey block, applicant consisting of retail on the ground floor with eight residential units on the ground and upper floors - 56-58 Turners Hill Cheshunt Waltham Cross 09.05.2018 07/18/0270/F Construction of second floor on top Awaiting of existing office space to be used for submission of storage - Unit 20 Pindar Road improved designs Hoddesdon TOTAL MINOR THIS MONTH: 20 TOTAL MINOR LAST MONTH: 17 OTHER 23.05.2012 07/12/0253/LDC Certificate of lawfulness for an Under existing use of part garden for the consideration storage of building materials part open and part enclosed - 2 Longfield Lane Cheshunt 31.07.2014 07/14/0483/F Change of use of first floor to self- Pending contained flat and loft conversion consideration with rear dormer - 2 Clarendon November 2017 Parade Turners Hill – applicant updated to confirm new agent instructed 02.12.2014 07/14/0896/F Retrospective change of use of Under agricultural buildings (Units A, B, H consideration. and I) to Class B8 (storage) use - Brook Farm Cuffley Hill Cuffley 06.01.2015 07/14/0946/LB Listed building consent to re-roof The Awaiting Beaufort Suite Hall - Beaufort Suite Secretary of Bishops College Churchgate State decision. 06.02.2015 07/14/1115/F Removal of condition 16 of planning Under permission 7/0078/05/F/WX - consideration. Newsprinters( Broxbourne) Ltd Great Eastern Road Waltham Cross 08.12.2015 07/15/0998/F Removal of conditions 8, 11 and 12 Under and variation to conditions 4 and 7 of consideration planning permission 07/15/0181/F - 55 High Road Broxbourne 24.12.2015 07/15/1031/HF Hardstanding and vehicle crossover - Under 24 Eleanor Cross Road consideration Waltham Cross 23.03.2016 07/16/0122/LB Listed building consent for non- Awaiting illuminated wall mounted plaque Secretary of (Refer 07/16/0121/AC - Ingram State decision House Bishops College Churchgate 29.03.2016 07/16/0147/HF Erection of detached garage to front Under of dwelling – Trelane Burton Lane consideration Goffs Oak A83

12.04.2016 07/16/0203/F Variation to S106 of planning Awaiting s.106 permission 7/0214/08/F/HOD - obligation Wormley House 82 High Road Wormley 29.06.2016 07/16/0523/HF Hard standing and vehicle crossover Awaiting - 73 Russells Ride Cheshunt amended plans 03.10.2016 07/16/0888/LB Insertion of roof light windows to roof Pending (Refer 07/16/0678/HF) - Bluebelle consideration Barn Bulls Cross Ride Waltham Cross 13.01.2017 07/16/1251/LDC Certificate of lawfulness for the Under existing use of the site as a caravan consideration site, on site now known as plot 14 Wharf Road (formerly Homelea), Wormley - 14 Leeside Wharf Road Wormley 08.05.2017 07/17/0256/F Removal of S106 agreement - Under Burton Grange Rags Lane consideration Goffs Oak 10.10.2017 07/17/0797/LDC Certificate of lawfulness for the Under existing use of part converted garage consideration and single storey extension currently used as utility room, converted rear garage now bedroom 4, storage shed and summer house - 251 Perrysfield Road Cheshunt 16.10.2017 07/17/0859/HF Vehicle crossover and hard surface Under for driveway at front - 125 Downfield consideration Road Cheshunt 30.11.2017 07/17/1036/HF Two storey side extension - 81 Under Cadmore Lane Cheshunt consideration 14.03.2018 07/18/0087/LDP Certificate of lawfulness for the Under proposed stationing of a mobile consideration home - 12 Melvyn Close Goffs Oak 03.04.2018 07/18/0131/HF Two storey rear and two/single Under storey side extension with new front Consideration – porch - 275 Stanstead Road awaiting Hoddesdon amendments 10.04.2018 07/18/0165/F Variation to condition 10 of planning Under permission 07/17/0561/F, to remove consideration class B to allow alterations to the roof - 28 Westlea Road Wormley

16.04.2018 07/18/0181/F Two storey rear and roof extension to provide a second floor flat - 229A Turners Hill Cheshunt 08.05.2018 07/18/0178/F Conversion of existing dwelling to a Under two bed dwelling and one bed consideration dwelling with private access, associated off street parking and private amenity space to the rear - 27 Macers Lane Wormley A84

01.05.2018 07/18/0194/HF Single storey rear and first floor side Under extensions and loft conversion with consideration rear dormer - 6 Orchard Way Goffs Oak 24.04.2018 07/18/0209/LDP Certificate of lawfulness for the Under proposed reinstatement of the consideration buildings - Halstead Hill Nursery Halstead Hill Goffs Oak 24.04.2018 07/18/0205/HF Single storey front extension - 183 Under Ashdown Crescent Cheshunt consideration 26.04.2018 07/18/0219/LB Listed building consent for rear Under mansard roof extension to consideration accommodate two self-contained 1 bedroom apartments and reconfiguration of internal floor space to create additional 2 bedroom apartment (Refer 07/18/0218/F) Re- submission 07/17/0801/LB - 79 Crossbrook Street Cheshunt 08.05.2018 07/18/0249/HF Retention of wooden fence along Under with western and northern boundary consideration - 144 Windmill Lane, Cheshunt 09.05.2018 07/18/0254/F Temporary change of use from Under equestrian livery to hand car wash - consideration White House Farm St James Road Goffs Oak TOTAL OTHERS THIS MONTH: 28 TOTAL OTHERS LAST MONTH: 24 GRAND TOTAL THIS MONTH: 60 GRAND TOTAL LAST MONTH: 54

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