AREA PLANS SUB-COMMITTEE ‘EAST’

8 May 2019

INDEX OF PLANNING APPLICATIONS/ENFORCEMENT CASES

ITEM REFERENCE SITE LOCATION OFFICER PAGE RECOMMENDATION 1 EPF/2204/18 Hoggs Farm Grant Permission 18 Carters Green (Subject to Legal Matching CM17 0NX Agreement) 2 EPF/3185/18 33 High Street Grant Permission 32 Epping (With Conditions) CM16 4BA 3 EPF/3206/18 10 Parkside Grant Permission 42 Harlow Road (With Conditions) Matching Tye CM17 0QW 4 EPF/3424/18 Land to rear of Willowbank Farm Grant Permission 50 School Lane (With Conditions) Magdalen Laver CM5 0EE Subject to Legal Agreement 5 EPF/3426/18 Garages to the rear of nos 13-43 Grant Permission 60 Charles Street (With Conditions) Epping CM16 7AU Subject to Legal Agreement 6 EPF/0217/19 8 Woodland Way Grant Permission 76 Theydon Bois (With Conditions) Epping CM16 7DZ 7 EPF/0289/19 Carpenters Grant Permission 82 High Road (With Conditions) Thornwood Epping Subject to Legal CM16 6LR Agreement 8 EPF/0515/19 42 Castle Street Grant Permission 94 Ongar (With Conditions) CM5 9JS 123 Epping Forest District Council Agenda Item Number 1

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Unauthorised reproduction infringes Crown Copyright and may lead to Application Number: EPF/2204/18 prosecution or civil proceedings. Site Name: Hoggs Farm Carters Green Contains Ordnance Survey Data. © Matching Essex CM17 0NX Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1:1250

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No:1

APPLICATION No: EPF/2204/18

SITE ADDRESS: Hoggs Farm Carters Green Matching Essex CM17 0NX

PARISH: Matching

WARD: Hastingwood, Matching and Sheering Village

APPLICANT: Mr D Tinney

DESCRIPTION OF Demolition of existing barn and construction of three detached PROPOSAL: dwellings.

RECOMMENDED Grant Permission (Subject to Legal Agreement) DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=613315

CONDITIONS

1 The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 217361PL100/; 217361PL101 Rev A; 217361PL102 Rev A; 217361PL1013 Rev A; 217361PL104 Rev /; 217361PL105 Rev/

3 No construction works above ground level shall have taken place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

4 Prior to preliminary ground works taking place, details of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

5 Prior to first occupation of the development, measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day.

6 Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed and utilised to clean vehicles immediately before leaving the site. Any mud or other material deposited on nearby roads as a result of the development shall be removed. 7 Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 1995 (or of any equivalent provision in any Statutory Instrument revoking or re-enacting that Order), the garage(s) hereby approved shall be retained so that it is capable of allowing the parking of cars together with any ancillary storage in connection with the residential use of the site, and shall at no time be converted into a room or used for any other purpose.

8 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, (or any other order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Classes A-E of Schedule 2 to the Order, shall be undertaken without the prior written permission of the Local Planning Authority.

9 Prior to first occupation of the development, a scheme for the monitoring and management of any ecological assets on the site, where present, shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall thereafter be carried out as approved.

10 No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan, Arboricultural Method Statement and site monitoring schedule in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction - Recommendations) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved documents unless the Local Planning Authority gives its written consent to any variation.

11 Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

12 Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point for each dwelling that has a garage or allocated parking space and 1 Electric Vehicle Charging Point for every 10 properties that share unallocated parking shall be installed and retained thereafter for use by the occupants of the site.

13 No development shall commence until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency's Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), shall have been submitted to and approved in writing by the local planning authority. If any contamination is found, a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the approved development shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures and timescale and a verification report shall be submitted to and approved in writing by the local planning authority. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

14 Following completion of the measures identified in the approved remediation scheme, and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented.

15 In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the Phase 2 report, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

16 All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

17 No preliminary ground works shall take place until a flood risk assessment and management and maintenance plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The assessment shall include calculations of increased run-off and associated volume of storm detention using WinDes or other similar best practice tool. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

18 Prior to any above ground works, full details of the landscaping of the northern boundary shall be submitted to and approved in writing by the Local Planning Authority. This shall consist of a planting strip of a minimum width of 2.5metres with garden fences(post and rail)on the inside edge. The landscaping shall consist of trees/hedges of native species. It shall be retained in perpetuity . If any plant dies, becomes diseased or fails to thrive within a period of 5 years from the date of planting, or is removed, uprooted or destroyed, it must be replaced by another plant of the same kind and size and at the same place , unless the Local Planning Authority agrees to a variation beforehand in writing. 19 The development shall not be occupied until the ecological details of which were submitted under the ' Preliminary Ecological Appraisal Incorporating Bat Inspection' Buildings at Hoggs Farm, Matching Tye, prepared by T4ecology Ltd, 2 Elizabeth Way, Heybridge for Mr D. Tinney c/o Swordes, July 2018 ' and approved in writing by the Local Planning Authority have been have been implemented in full on the proposed development within the site.

And subject to the applicant first entering into a legal agreement under Section 106 to provide an appropriate contribution towards mitigation of any possible adverse impact on the Epping Forest Special Area of Conservation with regard to air quality.

This application is before this Committee since it is for a type of development that cannot be determined by Officers if more than five objections are received (or in cases where less than 5 were consulted, a majority of those consulted object) on grounds material to the planning merits of the proposal (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council).

Description of Site:

‘Hoggs Farm’ is sited to the south of the settlement of Matching Tye and has historically been used as a farm within the boundaries of the Metropolitan Green Belt. The area is surrounded by agricultural land with residential properties sited to the south and west. Open views across agricultural fields are sited to the north with the existing barn sited directly adjacent to the farmland with no boundary treatment.

The site currently comprises of a large vacant/derelict rectangular shaped building constructed of brick with corrugated pitched roof with a steel portal framed building with corrugated metal sheet cladding is attached. The structure is a post-war general-purpose agricultural barn 425m2 in floor area, last used in conjunction with the agricultural holdings of Hoggs Farm.

Hoggs Farm is part of larger arable holding which consists of owned land as well as land rented on a long-term farm business tenancy with a total area of some 465 hectares.

The barn is accessed from a vehicle access track onto Harlow Road. A Bridle Path No. 34 - Public Right of Way is sited to the south of the site.

Description of Proposal:

The proposal seeks consent for the demolition of existing buildings and the construction of 3, 3 bed detached chalet style dwellings featuring gable and hip/gable roofs and front and rear dormer windows. The properties have widths of some 12.5, a depth of 12.5m and a ridge height of 6.5m. Plot 1 has a side garage and garage space with plot 2 and 3 with 2 car spaces.

A 2.5m wide buffer planting zone with the garden fences is to be sited to the north boundary to act as an acceptable visual screen.

The proposal is to utilise the existing vehicle access onto Harlow Road, Carters Green.

Relevant History:

PN/EPF/0352/18 - Prior Approval for the conversion of the building into 3 residential units. - Granted - 04/4/2018

PN/EPF/0297/16 - Prior Approval of change of use from Agricultural to Residential (C3) and associated building operations - Not Lawful - 17/06/2016 Policies Applied:

National Planning Policy Framework

The National Planning Policy Framework (NPPF) has been adopted as national policy since February 2019 which states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight.

Epping Forest Local Plan and Alterations (1998/2006)

The above policies form part of the Councils 1998 Local Plan. Following the publication of the NPPF, policies from this plan (which was adopted pre-2004) are to be afforded due weight where they are consistent with the Framework. The above policies are broadly consistent with the NPPF and therefore are afforded full weight.

CP1 - Achieving sustainable development objectives CP2 - Protecting the quality of the rural and built environment CP3 - New development H3A - Housing density DBE1 - Design of new buildings DBE2- Effect on neighbouring properties DBE4 - Design in the Green Belt DBE8 - Private amenity space DBE9 - Loss of amenity GB7A - Conspicuous development H2A - Previously developed land LL10 - Adequacy of provision for landscape retention LL11- Landscaping schemes ST1 - Location of development ST4 - Road safety ST6 - Vehicle parking NC1 - SPAs, SACs and SSSIs NC4 - Protection of established Habitat U3B- Sustainable Drainage Systems

Epping Forest District Local Plan (Submission Version) 2017:

The Epping Forest Local Plan Submission Version 2017 was submitted for independent examination in September 2018. Accordingly, it can be endorsed as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF.

Paragraph 48 provides that decision-takers may give weight to relevant policies in emerging plans according to:

 the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

 the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and  the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

SP1 - Presumption in Favour of Sustainable Development SP2 - Spatial Development Strategy 2011-2033 SP3 - Place Shaping SP6 - Green Belt and District Open Land SP7 - The Natural Environment, Landscape Character and Green and Blue Infrastructure H1 - Housing Mix and Accommodation Types T1 - Sustainable Transport Choices T2 - Safeguarding of Routes and Facilities DM1 - Habitat Protection and Improving Biodiversity DM2 - Epping Forest SAC and the Lee Valley SPA DM3 - Landscape Character, Ancient Landscapes and Geodiversity DM4 - Green Belt DM5 - Green and Blue Infrastructure DM9 - High Quality Design DM10 - Housing Design and Quality DM11 - Waste Recycling Facilities on New Development DM15 - Managing and Reducing Flood Risk DM16 - Sustainable Drainage Systems DM18 - On Site Management of Waste Water and Water Supply DM19 - Sustainable Water Use DM20 - Low Carbon and Renewable Energy DM21 - Local Environmental Impacts, Pollution and Land Contamination DM22 - Air Quality

Consultations:

Trees and Landscaping No objection to the amended plans subject to conditions regarding Tree Protection and Hard and soft Landscaping and conditions requesting details of the 2.5m wide buffer planting screen along with standard landscaping conditions relating to the site as a whole.

Land Drainage No objection subject to the approval/implementation of the requirements set out below.

The site lies within an Epping Forest District Council flood risk assessment zone. The development is of a size where it is necessary to avoid generating additional runoff. A Flood Risk Assessment (FRA) is required; therefore, please add land drainage condition SCN55.

Any works or within 8 metres of an open or piped watercourse will require land Drainage Consent. For further information on the Land Drainage Consent process or to find the application forms the applicant should visit the link below: http:/www.eppingforestdc.gov.uk/index.php/residents/your- environment/drainagae/flooding - and-land-drainage The applicant has no proposal to dispose of foul sewerage. Further details are required. Please add a condition requiring approval of foul drainage details by the Local Planning Authority prior to development commencing.

The applicant is proposing to dispose of surface water by sustainable drainage system. Techniques’ such as green roofs, rainwater harvesting, and permeable paving should be given string consideration. Further details are required. Please add a condition requiring approval of surface water drainage details by the Local Planning Authority prior to development commencing.

Country Care No objection subject to a condition that all recommendations in section 5.2 are followed. This includes Bat friendly lighting, construction precautions and the inclusion of bat and bird boxes.

Contaminated Land Database and aerial photographs. These indicate that areas of the site were formerly used as a Farm.

It is noted that a phase I desktop investigation has been submitted with this application. Several issues have been noted with the phase I document that are required to be updated and resubmitted. A Phase II investigation is required in accordance with appropriate guidance and standards. The Desk Study/Preliminary Risk Assessment Report by Herts & Essex Site Investigations dated September 2018 has concluded that an intrusive investigation is required to quantify and qualify any potential site contamination due to the former potentially contaminating land uses.

Highways From a highway and transportation perspective the Highway Authority has no objections to make on this proposal as it is not contrary to the Highway Authority’s Development Management Policies, adopted as County Council Supplementary Guidance in February 2011, policies ST4 & ST6 of the Local Plan and policy T1 of the Local Plan Submission Version 2017 subject to an informative to the attachment of an informative regarding the Public Right of Way network which is protected by the Highways Act 1980. Any unauthorised interference with any route noted on the Definitive Map of PROW is a breach of this legislation. The public’s rights and ease of passage over public bridleway No.34 Matching shall always be maintained free and obstructed to ensure the continued safe passage of the public on the definitive right of way.

The grant of planning permission does not automatically allow development to commence. In the event of works affecting the highway, none shall be permitted to commence until they have been fully agreed with this Authority. In the interests of highway user safety this may involve the applicant requesting a temporary closure of the definitive route using powers included in the Act. All costs associated with this shall be borne by the applicant and any damage caused to the route shall be rectified by the applicant within the timescale of the closure

Representations:

MATCHING PARISH COUNCIL - Not supported. The ‘Q’ permission was acceptable, but this is over development. Concerns over access which is using a bridleway. Willing to speak at Planning Committee.

8 neighbouring properties were consulted on the 26/09/2018 and 16/01/2019. 7 objections have been received that raise the following concerns: - STOCK BARN, CARTERS GREEN, MATCHING GREEN - The Grain Store is incorrectly documented as Hoggs Farm because Hoggs Farm is the old Grade II farm building immediately behind our property, Stock Barn.

Demolition of the existing grain barn and construction of three detached dwellings in place of the old 1960’s grain barn would not comply with National Planning Policy Framework (NPPF) in our view, as we are led to understand that you cannot replace permitted development rights with new builds under NPPF. Furthermore, two of the proposed properties footprints sit way outside of the grain barn footprint

Allowing barn conversions such as this one into new build developments goes against both Local Plan Green Belt Policy as well as NPPF. It would, if accepted, open the flood gates for many more rural barn conversion PD applications nationwide to be over developed and new build developments start appearing everywhere. Consenting to this application would set a precedent.

We have commented previously on other factors in relation to the development of this grain barn which concern us, and these include: Water Pressure For many years Stock Barn, Hoggs Farm and other neighbours have suffered significant problems with inadequate water pressure. Periodically Affinity Water have monitored the pressures for months at a time and concluded that this is down to the fact that Carters Green is at the end of the line. During peak hours Stock Barn is unable to run two showers simultaneously due to the inadequate water pressure

HOGGS FARM, CARTERS GREEN, MATCHING TYE - We strongly oppose the proposed application for the demolition of the existing barns and construction of three detached dwellings in place of the Grain Store.

The proposed application sits outside the existing footprint that was granted under EPF/0352/18. Approval of a new application (EPF/2204/18) that not only has a larger footprint than the existing development but is also a conversion from rural barn to new build developments sets a dangerous precedent and has the potential to be a waterfall case. Furthermore, we are in no doubt that this would be against Local Green belt policy. EPF/0352/18 was granted barely 6 months ago with the condition that the grain sore had to remain, yet this new proposal on the same site includes demolishing the grain store. In our opinion should this be granted it makes a mockery of the planning process as it would completely disregard the previous conditions and sends out a message that multiple applications can be made until the desired result is achieved?

Hoggs Farm (our residence) would be impacted heavily by loss of privacy as well as a potential loss of light, elements that were paramount in our choice to move to the property not 4 months ago.

We are opposed to any further development of the site, especially development that is larger than the existing footprint and is not in keeping with the local area.

THE OLD HOUSE & WILLOW COTTAGE, MATCHING TYE - Hoggs Farm is an existing house. The grain store has been empty for many years and can be readily accessed by children -an eyesore and should be demolished. The currant proposal pushes the boundaries to at least twice the size of the existing footprint which we believe to be excessive and appears to extend to the existing drainage ditches.

Access is by the long-established bridleway. Until recently there was a sign that this was a bridle/public right of way, unfortunately this sign disappeared but the path is still shown on up to date Ordnance Survey Maps. MISS N. CHALKLEY - Object - The development will increase traffic pollution to an already busy narrow lane and alter the character of the rural area. Object to any impact or loss of the Bridle Path 34

STOCK BARN – Contrary to NPPF, cannot replace permitted development rights with new builds. Two of the builds fall outside of the grain barn footprint that was granted PD. – Inadequate water supply already exists in the area; new houses would exasperate the problem along with sewerage and stored fuel. Noise and increased activity from cars and people. Access to the road is just of a tight dangerous bend where frequent accidents occur. The parking of the cars would take up more space than the current hardstanding and an eyesore. The Public footpath and Bridleway is used regularly by local dog walkers and horse riders and needs protection. Greatly affected by the by the development. Dismantling the asbestos roof to the barn is a health hazard to the surrounding residents. The houses are not in keeping with the surrounding properties. A single dwelling could easily replace the ugly farm building which could be designed to match the beautiful period properties that surround it, and which would enhance the area.

WALNUT TREE BARN - Oppose the demolition of the existing barn and the construction of 3 dwellings which does not comply with the NPPF and Permitted Development and open the flood gates for all barn conversions. Not opposed to 2 dwellings. Whilst Walnut Tree Barn is a new barn conversion itself, we would be impacted heavily by the loss of light and privacy

Main Issues and Considerations:

The main issues to consider when assessing this application is the principal of residential; potential impact on the openness of the Green Belt, the character and appearance of the area, the form and impact on the amenity of the neighbours, highway and access aspects; land drainage, contamination and any other material considerations.

The principal of Residential Development in the Green Belt

The National Planning Policy Framework (NPPF) encourages the provision of more housing and states that applications should be considered in the context of the presumption in favor of sustainable development. Local Planning Authorities should encourage the effective use of land by re-using land that has been previously developed provided that it is not of high environmental value.

The NPPF indicates that the Government attaches great importance to Green Belts. The fundamental aim of the Green Belt is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

The NPPF states that inappropriate development is, by definition, harmful to the Green Belt and should be refused planning permission unless very special circumstances can be demonstrated which clearly outweigh the harm caused.

Paragraph 145 of the Framework states that new buildings in the green belt are inappropriate, with a number of exceptions. One exception is the complete redevelopment of previously developed land which would not have result in any greater impact on the openness of the Green belt than the existing development.

The barn constitutes previously developed land and as such residential is considered appropriate provided that the redevelopment does result in any greater impact on the openness of the Green Belt and the purpose of including land within it than what presently exists A material consideration is that ‘Prior Approval’ was granted under in 2018 Ref: (EPF/0352/18) for the conversion of the barn into 3 residential units under Schedule 2, Part 3, Class Q of the General Permitted Development Order 2015 which has not been implemented.

The proposal would replace the existing structure with 3 chalet bungalows. The total volume of the existing buildings is 2930 cubic metres. The volume of the three dwellings is 1905 cubic metres with a combined footprint. Overall, volumetrically the proposed redevelopment would result in a 35% reduction.

In terms of height, the maximum height of the existing stables building is 7m with an eave’s height of 3.3m. The maximum ridge height of the proposed dwellings is 6.5m, with an eave’s height of 3.1m.

It is therefore concluded that the proposed development would not result in any greater impact on the openness of the Green Belt and is appropriate development.

Epping Forest Local Plan Policies seeks to ensure a high quality of design and that development respects and relates to the character and context of the locality, maintaining and where possible enhancing the character of the existing area. These objectives are broadly consistent with the core principles of the NPPF that planning should seek to secure high quality design.

In terms of its scale and detailing, the dwellings are comparable to the existing dwellings in the locality which take reference from the local vernacular through the use of steep pitches, dormer windows and traditional materials resulting in a development which would be more in keeping with the character and appearance of the area than what presently exists complying with the Local Plan that seeks to ensure that development is of a high standard of design and layout

It is acknowledged that the residential use will bring about an increase in urban paraphernalia than the existing barn such as amenity space, cars and vehicle movements, lights etc but no more so than the already approved scheme under ‘Prior Approval’ and as such the development is not considered to result in any significant additional material harm to the openness of the Green Belt.

Impact on the amenity of nearby properties and Form of Accommodation

The proposed development is sited in open grounds with closest residential properties sited to the west and south. The closest residential property is sited at over 20m. The separation distance and boundary treatment ensures that the proposed development would not result in any harmful amenity implications in the form of any overbearing or intrusive impact, loss of light, outlook or privacy. The proposal therefore accords with the requirements of policy DBE9 of the Local Plan.

The dwellings are to be laid out in an ‘L’ shaped form of a sufficient distance so as to retain a degree of spaciousness around the plot and from each other so as not to result in any amenity implications in the form of overbearing, loss of light or outlook.

The form of accommodation is acceptable with each room having sufficient daylight, outlook and ventilation and a satisfactory form of living space for future occupiers.

The Local Plan makes it clear that all new residential developments should provide garden area which are functional and usable in terms of width, depth, shape and orientation to meet the needs of future occupants and which would not suffer from any direct overlooking or loss of privacy.

In this instance the proposed dwellings provide between 137-163m2 of amenity area per plot which is functional and usable in terms of width, depth, shape and orientation to meet the needs of future occupants and which would not suffer from any direct overlooking or loss of privacy. Overall, it is considered that the amenity of the adjoining occupiers would be maintained to an acceptable level. In this respect, the development complies with Policy DBE2 of the Local Plan.

Parking and Highway

The proposed development is for a 3,3-bed dwellinghouses with the minimum provision of 2 car spaces per dwelling, utilising the existing vehicle access onto Harlow Road which complies satisfactorily with the Essex County Council Highway Authority Standards and for which they have no objection.

Land Drainage

The proposal is of a size where it is necessary to avoid generating additional run off and the opportunity of new development should improve existing land drainage issues. In this case therefore a Flood Risk Assessment is required and details of both foul and surface water drainage.

Land Contamination

The site has the potential to be contaminated as a result of its previous use as a nursery and landfill. Investigation and remediation can be secured through condition and these are reasonable and necessary to impose.

The Contaminated Land Officer has reviewed this application and considers that “due to its use as a horticultural nursery, there is the potential for contaminants to be present on site. To ensure that future occupiers are not put at risk from this contamination, he recommends that contamination mitigation conditions are attached to any permission in accordance with Paragraphs 120-124 of the NPPF and policy RP4 of the Local Plan

Ecology

No objection subject to all the recommendations as set out in the ‘Preliminary Ecological Appraisal Incorporating Bat Inspection' Buildings at Hoggs Farm, Matching Tye, prepared by T4ecology Ltd, 2 Elizabeth Way, Heybridge for Mr D. Tinney c/o Swordes, July 2018 ' are followed including Bat friendly lighting, construction precautions and the inclusion of bat and bird boxes.

Trees and Landscaping

The revised site plan indicates that there will be a buffer planting zone of 2.5m with the garden fences (post and rail) on the inside edge which will maintain a visually acceptable screen. The above nonstandard condition should cover this. Our standard landscaping condition has also been included as this relates to the site as a whole.

Other Matters

The objections received as a result of consultation are noted. The Governments National Planning Policy Framework allows the conversion of buildings and the redevelopment of sites on previously developed land in the Green Belt provided that it does not result in any greater impact.

The Public Right of Way path would fall under The Public Right of Way network which is protected by the Highways Act 1980. Any unauthorised interference with any route noted on the Definitive Map of PROW Is considered to be a breach of this legislation. The public’s rights and ease of Passage over public bridleway N0.34 Matching shall be maintained free and obstructed at all times to ensure the continued safe passage of the public on the definitive right of way. The grant of planning permission does not automatically allow development to commence. In the event of works affecting the highway, none shall be permitted to commence until such time as they have been fully agreed with this Authority. In the interests of highway user safety this may involve the applicant requesting a temporary closure of the definitive route using powers included in the aforementioned Act. All costs associated with this shall be borne by the applicant and any damage caused to the route shall be rectified by the applicant within the timescale of the closure.

The development is not considered to give rise to any loss of amenity to any nearby residential dwellings.

The proposal is not considered to result in any greater impact on what has already been approved under the ‘Prior Approval application which would also involve the use of cars and an increased urban activity.

Conclusion:

Having taken all material considerations into account, it has been concluded that on balance, the proposal is an efficient use of the land that would not result in any additional detriment impact on what presently exists and therefore is not considered inappropriate development that would not have a harmful impact on the openness of the Green Belt. The design and layout of the dwellings are appropriate to the rural setting that sufficiently maintain the character and appearance of development in the surrounding area and would not have any amenity implications on neighbouring dwellings; parking/highway safety and landscaping subject to the imposition of conditions and to a legal agreement with regard to mitigation of impacts on the SAC. the application is considered to be in accordance with the adopted Local Plan and Alterations (1998-2006) and the Submission Version Local Plan and, with the relevant parts of the National Planning Policy Framework.

Recommendation In the light of the above considerations it is recommended that planning permission is Approved subject to conditions and to the completion of a S106 Legal Agreement to secure appropriate financial contribution towards measures to mitigate air quality as set out in this report.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the day of the meeting at the latest:

Planning Application Case Officer: Caroline Brown

Direct Line Telephone Number: 01992 564182 or if no direct contact can be made please email: [email protected] THIS PAGE IS INTENTIONALLY LEFT BLANK Epping Forest District Council 123 Agenda Item Number2

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2 4 Unauthorised reproduction infringes Crown Copyright and may lead to Application Number: EPF/3185/18 prosecution or civil proceedings. Site Name: 33 High Street Epping Essex Contains Ordnance Survey Data. © CM16 4BA Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1/500

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No:2

APPLICATION No: EPF/3185/18

SITE ADDRESS: 33 High Street Epping Essex CM16 4BA

PARISH: Epping

WARD: Epping Lindsey and Thornwood Common

APPLICANT: Mrs R Humphris

DESCRIPTION OF Change of Use application from Sui Generis, Car Showroom to A3, PROPOSAL: Restaurant use.

RECOMMENDED Grant Permission (With Conditions) DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=617793

CONDITIONS

1 The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 19030/001A, KDRD Square duct fans technical data, 010-00, 02-01, 02-02, 03-01, 03-02, OTTOSTUMM steel window systems brochure, PBF/FWP/002 rev E, PBF/FWP/002 rev E, letter from PSG, 19030/001.

3 The restaurant use hereby permitted shall not be open to customers outside the hours of 12:00 and 23:00

4 Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point per every 10 spaces on industrial, commercial or leisure developments shall be installed and retained thereafter.

5 An appropriate noise control device shall be put in place and used for amplified sound. The device shall be set so that the volume of any amplified sound emanating from the premises does not cause a statutory nuisance to occupiers of any noise sensitive premises and shall be set at a level that will have been previously agreed in writing by the Local Planning Authority.

6 Prior to the commencement of the use hereby permitted an operational management plan will be submitted to and approved by the Local Planning Authority. The details shall include methods on how noise will be controlled; signage alerting patrons of the need to 'be quiet in the car park area' and that 'smoking is prohibited in the car parking area'. The use shall be operated strictly in accordance with the details so approved, shall be maintained as such thereafter and no change from the approved details shall take place without the prior written consent of the Local Planning Authority.

7 Equipment should be installed to suppress and disperse cooking/food preparation fumes and smell to a minimum. The equipment should be effectively operated and maintained for so long as the use continues. Details of the equipment should be submitted to the Local Authority for comment and should be installed and be in full working order to the satisfaction of the Local Authority prior to the commencement of use.

The flue height should be at a minimum height of 1m above the eaves level for the dispersion and dilution of odours. Where this is not possible (e.g. because of ownership or structural constraints), additional techniques will be required in order to reduce odours, such as an increase in efflux velocity and additional filters, etc.

The final discharge should be vertically upwards, unimpeded by flue terminals. The number of bends in the ducting should be minimised and the ducting should have a smooth internal surface.

The external surface of the ducting shall be painted matt black and maintained as such in perpetuity.

8 The design and installation of new items of fixed plant shall be such that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 2014.

9 The flue and associated ductwork hereby approved shall be mounted on anti- vibration mounts and maintained as such thereafter. 10 The existing shutters shall be retained shut and shall not be opened at any time during the use of the premises hereby approved.

This application is before this Committee since it is for a type of development that cannot be determined by Officers if more than five objections are received on grounds material to the planning merits of the proposal (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council).

Description of Site:

The proposal site contains a Grade II listed Water Tower which is constructed of brick with decorative bands and has a Turret style feature and is located within the grounds of a car dealership. The application relates to the car dealership area and shop/office building. The site is outside of the Epping Town Centre Conservation Area. The immediate area contains a mix of development types, including commercial, retail and residential.

Description of Proposal:

Permission is sought for the Change of Use application from Sui Generis, Car Showroom to A3, Restaurant use. It will have the capacity for 180 covers. The new shopfront will designed to include dark tiling on the upstand to the base, a painted built up stallriser, steel framed windows and powder coated decorative panels facia with concealed back light wash, individual pinned extruded brass letters, decorative top panel and a painted back panel. .

14 car parking spaces are proposed in the northern area of the site. Access will be via Tower Road.

Hours of operation will be 12pm until 11pm Monday to Sunday.

The applicant is Prime Grill and Steak House. The applicant indicates that an average bill per table is £69.

Relevant History:

There is a long history of applications for phone antennae on the building.

EPU/0048/62 GARAGE Granted

EPU/0033/69 IMPROVED WORKSHOP & TOILET FACILITIES &2 VAN GARAGE Granted

LB/EPF/0108/87 Change of use from redundant water tower to radio site engineering and management, incorporating erection of colinear antennae new water- tight roof structure, new internal roof access ladder beyond existing and internal equipment rooms at ground level. Granted

LB/EPF/0072/94 Listed building application for conversion of water tower pump room to reception, office and spares store, demolition of attached garage and laying out of parking area. Granted

EPF/0839/16 Grade II listed building application for proposed replacement of existing flagpole and 3 no. antennas and replacement with tri-sector support pole comprising 3 no. antennas. Installation of 1 no. equipment cabinet within existing equipment cabin. Granted

Epping Forest Local Plan (1998) and Alterations (2006):

CP2 Protecting the quality of the rural and built environment DBE9 Loss of amenity RP5A Adverse environmental impacts TC1 Town centre hierarchy TC3 Town centre function TC4 Non-retail frontage DBE1 Design of new buildings HC6 Character and appearance and setting of Conservation Area HC7 Development within Conservation Areas

The National Planning Policy Framework

The National Planning Policy Framework (NPPF) has been adopted as national policy since February 2019. Paragraph 213 states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight. Epping Forest District Local Plan (Submission Version) 2017:

The Epping Forest Local Plan Submission Version 2017 was submitted for independent examination in September 2018. Accordingly, it can be endorsed as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF.

Paragraph 48 provides that decision-takers may give weight to relevant policies in emerging plans according to:

• the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

• the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and

• the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

DM9 High Quality Design DM7 Heritage Assets DM9 High Quality Design DM14 Shopfronts and On Street Dining DM16 Sustainable Drainage Systems DM18 On Site Management of Waste Water and Water Supply DM20 Low Carbon and Renewable Energy DM21 Local Environmental Impacts, Pollution and Land Contamination P1 Epping DM21 Local environmental impacts, pollution and land contamination E2 Town Centre Hierarchy / Retail Policy P1 Epping

Consultation Carried Out and Summary of Representations Received

Number of neighbours consulted: 46

Site notice posted: Yes

Responses received: as follows: -

1d TOWER ROAD, 2 TOWER ROAD, 4 TOWER ROAD, 5 TOWER ROAD, 6 TOWER ROAD, 7 TOWER ROAD, 8 TOWER ROAD, 10 TOWER ROAD, 13 TOWER ROAD, 14a TOWER ROAD, 15 TOWER ROAD, 15 HIGH STREET, 16 TOWER ROAD, 20 HIGH STREET, 8 AMBLESIDE, 6 GREEN TREES, 43 HIGH STREET, , 45 HIGH STREET, 1 BEECH PLACE, 4 BEECH PLACE , 5 BEECH PLACE 11 BEECH PLACE: OBJECT

• A destination restaurant is one that has a strong enough appeal to draw customers from beyond our community. Therefore, it is not an amenity for local residents. The change of use will drastically increase the number of people to this area of Epping, thereby creating a Highway safety problem. 16 customer parking spaces for 180 customers is totally inadequate. Alternative car parking is suggested, however, as a frequent user of these spaces they are often full. Access to the restaurant will have an effect on pedestrians who already have to cope with the dangerous Tesco crossing.

• This is a large establishment which will create noise, smells and Plans are unclear how the restaurant smells would be managed. The roof terrace will overlook houses and the sound of customers will echo along the High Street late in the evening.

• The restaurant will have a detrimental impact on the neighbouring community. Previously, ‘Billy Jeans’ was opposite the proposed development, this caused drunken incidents late into the evening, violent behaviour, the presence of the Police and parking problems for local residents.

In the evening, cars are parked illegally on the pavements so their owners can visit restaurants and pubs nearby. The addition of another restaurant will lead to further problems.

• Serious increase in parking congestion along Tower Road and surrounding area. Will also have adverse impact on environment and access.

• 276 seater restaurant (with 36 on balcony area) will make this restaurant the largest in Epping. This will result in a lot of unnecessary noise and disturbance from refrigeration units and air conditioning and the increased vehicle noise.

• The proposed 9/16 car parking spaces is insufficient for the size of the restaurant. This will lead congestion in the surrounding areas especially as there is no restriction on parking in the evenings.

• Disturbance from cooking smells will undermine the use of the garden.

• Food waste will lead to rat infestation.

• May lead to push for later licence or party nights. This will cause more disturbance to neighbours.

• Closure at 11pm is too late as it will cause harm to neighbouring amenity. Especially as the latest this allows patrons to leave is 01:30 the following day.

• These concerns were demonstrated when a site across the road from the application site was an entertainment venue (Billy Jean’s). Nearby car parks are 15 minutes away from site.

• Site is contaminated and therefore any redevelopment should ensure that this contamination is remediated.

• Neighbours on the opposite side of the road did not receive a letter.

• Already too many restaurants in the area. • Proposal will undermine further the living conditions of wife with dementia.

EPPING SOCIETY: OBJECTION: This is a prime site for retail or offices, with parking. We need a mixed and vibrant economy in the town. The loss of prime site to yet another of the existing upwards of thirty eateries is unacceptable. It will have a negative impact on the daytime viability of the High Street.

Furthermore, we do not believe this scale of proposal is financially viable, it is too big to sustain a restaurant. The A3 class would allow all sorts, a drive thru Mcdonalds even!

We note in the Submission Version of the Local Plan you aspire to protect the motor industry! See under Transport at para 3.80 “seeks to protect petrol filling stations and car repairs / servicing sites”. lack of parking availability to the premise which will have a knock-on effect to residents 7 days a week who now have to pay for parking permits and have parking restrictions outside their properties for their own use during the working week.

Air pollution to residents from cooking, customers smoking.

Noise and language levels will run late into the night.

This is an entire residential area with families.

TOWN COUNCIL: No objection to this application

Main Issues and Considerations:

Town Centre

Chapter 7 of the NPPF (Ensuring the vitality of town centres) requires that policies should support viability and vitality of town centres.

The application site is located within the town centre, but is outside of both the primary and secondary retail frontages. The previous use of the site is also outside of the A1 use class category.

Whilst it is noted that policy TC3 (iii) requires that applications which prejudice the potential of upper floors as living or business accommodation permission be refused.

However, since the use will have a positive impact on the vitality and viability of the Town Centre; this requirement has not been carried through into the Submission Version Local Plan policy E2 and that the NPPF requires that a range of uses should be in principle considered suitable for the Town Centre and that the proposed use will positively contribute to the overall viability and vitality of this centre, it is on balance considered that there are sufficient other material considerations to outweigh the requirements of policy TC3(iii).

Design impact on listed building.

S66(1) of the Planning and Listed Building and Conservation Areas Act 1990 makes it clear that a Local Planning Authority (LPA) should have special regard to the desirability of preserving the Listed Building and its setting or any features of special architectural or historic interest which is possess. In determining planning applications, the Council is required by paragraph 192 of the NPPF to consider In determining applications, local planning authorities should take account of: a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; b) the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and c) the desirability of new development making a positive contribution to local character and distinctiveness.

The proposal was reviewed by the Conservation Officer who made the following comments:-

Initial Scheme: “The proposal site is directly adjacent to the grade II listed water tower. The red brick tower was built in 1872 by Jabez Church for Epping Rural Sanitary Authority. At present the site is occupied by a car showroom. The presence of a large number of cars parked to the front of the tower, the banners and the modern character and bulk of the existing single storey projecting unit do detract from the character of the historic tower and fail to preserve or enhance the significance of the setting of the listed building. Any development that could improve the current situation is therefore welcome.

The introduction of a glazed balustrade – I believe that the addition of a glazed balustrade will make the already bulky single storey projecting shop unit looking even more dominant than it is which will cause further harm to the setting of the listed tower. The proposal should help reducing its bulk and soften its appearance.

New glazed shopfront – The proposed new window frames are fully supported. It will break the large openings and give rhythm to the new shopfront. Because of the proximity with the listed tower the frames should be made in metal (if Aluminium, the profiles shall be thin), plastic frames will no be considered acceptable.

Build up stallriser – stallriser will, as the proposed new frames, help enhancing the appearance of the shopfront. The built up of stallriser is therefore fully supported. Stallriser should be rendered; no plastic materials will be accepted.

The replacement of the signage requires advertisement consent. An Advertisement Consent application should therefore be submitted. The new signage board should not be larger than the existing and painted in a colour that will not adversely affect the listed building. We recommend the name of the future restaurant to be painted directly on the board or made of detached letters. Internally illuminated signage will not be permitted. If illumination is needed, discreet trough could be considered.

If this application is supported, a condition should ensure the details of the materials to be used to be submitted to and discharged by the LPA prior to the commencement of any works.”

In light of these comments and those from neighbouring residential occupiers, plans were amended so that the first floor restaurant area has been omitted and instead the first floor is now proposed to be used for ancillary office use only. The first floor the first floor terrace and glazed balustrade have also been omitted. More detailed drawings were provided in relation to the shopfront and ventilation equipment. This included what materials are proposed, the type frame for the shopfront is proposed (steel) and what is the appearance of the fascia. The car parking has also been repositioned to the back of the site in order to better respect the setting of the Listed Tower.

These changes were supported by the Conservation Officer on the grounds that

“The revised scheme and additional information submitted have overcome the concerns we previously had. The scheme now meets our expectations both in terms of design and conservation. It is considered that the proposal will have an extremely positive impact on the significance of the setting of the listed tower, i.e. relocation of the car park at the back of the site, sympathetic changes to the shopfront (both in design and materials).

I, therefore, give my full support to the proposal and recommend this application to be approved.

This is supported by policy HC12 of our Local Plan and Alterations (1998 and 2006), policy DM7 of our Submission Version Local Plan (2017), and paragraphs 190, 192, 193 and 194 of the NPPF (2018).”

Highway Safety

There will be no significant harm to highway safety or parking conditions as a result of this application. This is because of the site’s town centre location which is close to sustainable forms of public transport and as such the proposal accords with the Council’s adopted parking standards.

Impact on neighbouring residential amenity

The proposal is located within a busy town centre. The Environmental Health Section of the Council are satisfied that the proposed specification of the flue and extraction system are sufficient to ensure that neighbour amenity will not be adversely affected in terms smell pollution subject to a condition requiring proper installation and maintenance of the equipment.

The Environment and Neighbourhood Officer has not raised any objections on noise grounds.

It is also recommended that a condition be attached to any permission requiring that a management plan is put in place to ensure that anti social behaviour is minimised. Features could include signs for patrons to leave quietly and for no smoking to be permitted in the car parking area.

It is on this basis that the proposal is considered to not cause excessive harm to the living conditions of neighbouring residential occupiers. The proposal therefore complies with the requirements of policy DBE 9 of the Local Plan and DM9 of the Submission Version Local Plan.

Other matters

Since the proposal is for the conversion of an existing building and will not create additional residential accommodation or new commercial space the requirements of policy DM2 and DM22 of the Submission Version Local Plan are not triggered. The applicant is therefore not required to pay a contribution towards mitigating against the adverse impacts of recreational pressure on the Epping Forest Special Area of Conservation, nor will an appropriate assessment be required to demonstrate that the proposal will not have an additional adverse impact on air quality over and above the existing use. Poor hygiene practices would be outside the scope of planning legislation as it is already covered by Public Health legislation which is regulated by the Environmental Health department for the Council.

Conclusion:

In conclusion, the proposal promotes economic activity by bringing a vacant unit back into use and provides employment for workers in the catering field. The social benefits of the proposal are that it would have a positive impact on the vitality and viability of the town and centre. The proposed changes to the shopfront and removal of the car parking away from the front of the listed building will make a positive contribution to the setting of the listed building and wider visual amenity of the area. Furthermore, Subject to a number of conditions the proposal will not have significant adverse impact on noise or general disturbance. The Highways Authority are also satisfied that the proposal will not have an adverse impact on highway safety or congestion. It is for these reasons that the proposal complies with relevant planning policy and it is recommended that planning permission be granted.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the day of the meeting at the latest:

Planning Application Case Officer: Sukhi Dhadwar

Direct Line Telephone Number: 01992 564597. or if no direct contact can be made please email: [email protected] 123 AD Epping Forest District Council W RO AINBO

R Agenda Item Number 3

1 4 EFDC

9 ide Parks

D 86.9m ROA LOW HAR EFDC

Unauthorised reproduction infringes Crown Copyright and may lead to Application Number: EPF/3206/18 prosecution or civil proceedings. Site Name: 10 Parkside CM17 0QW Contains Ordnance Survey Data. © Crown Copyright 2013 EFDC License No: Scale of Plot: 1:500 100018534

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No:3

APPLICATION No: EPF/3206/18

SITE ADDRESS: 10 Parkside Harlow Road Matching Tye Essex CM17 0QW

PARISH: Matching

WARD: Hastingwood, Matching and Sheering Village

APPLICANT: Mr J Lunn

DESCRIPTION OF Erection of x 1 no. detached dwelling. PROPOSAL: RECOMMENDED Grant Permission (Subject to Legal Agreement) DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=617873

CONDITIONS

1 The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 9118 RevA, Streetscene Rev A

3 Materials to be used for the external finishes of the proposed development shall match those of no. 10 Parkside, the host dwelling, unless otherwise agreed in writing by the Local Planning Authority.

4 The parking area shown on the approved plan shall be provided prior to the first occupation of the development and shall be retained free of obstruction for the parking of residents (staff) and visitors vehicles.

5 Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point for each dwelling that has a garage or allocated parking space and 1 Electric Vehicle Charging Point for every 10 properties that share unallocated parking shall be installed and retained thereafter for use by the occupants of the site.

6 The proposed use of this site has been identified as being particularly vulnerable if land contamination is present, despite no specific former potentially contaminating uses having been identified for this site. Should any discoloured or odorous soils be encountered during development works or should any hazardous materials or significant quantities of non-soil forming materials be found, then all development works should be stopped, the local planning authority contacted and a scheme to investigate the risks and/or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the local planning authority prior to the recommencement of development works. In such instances, following the completion of development works and prior to the first occupation of the site, sufficient information must be submitted to demonstrate that any required remedial measures were satisfactorily implemented or confirmation provided that no unexpected contamination was encountered.

7 All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

8 Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed and utilised to clean vehicles immediately before leaving the site. Any mud or other material deposited on nearby roads as a result of the development shall be removed.

9 Prior to first occupation of the development, measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day.

10 Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

This application is before this Committee since it is for a type of development that cannot be determined by Officers if more than five objections are received (or in cases where less than 5 were consulted, a majority of those consulted object) on grounds material to the planning merits of the proposal (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council).

And subject to the completion of a S106 Legal agreement to secure appropriate measures to mitigate potential impacts on air quality.

Description of Site:

The property is a two-storey semi-detached property, located on Parkside, Harlow Road. The application site falls within the village of Matching Tye and is part of a ribbon development comprised of similar two storey semidetached dwellings. Both No. 9 and No.11 Parkside have had significant side extensions. The proposed dwelling also has an extant planning consent for a large two storey side extension. The site is located within the Metropolitan Green Belt. Description of Proposal:

Consent is being sought for the erection of one detached house, using the existing access, and associated parking and amenity space. The proposed house would have a hipped roof and would mirror the design of the mid twentieth century dwellings along the ribbon of development known as Parkside and would be located centrally within the plot with generous spacing to either shared boundary.

Relevant History:

EPO/0235/62 - O/A RES DEV.:25-43 26-40 RAINBOW RD & 15-22 PARKSIDE

EPF/2841/14 - Part single, part two storey rear side and rear extension. – Granted

EPF/2538/16 – Two storey side extension - Granted

Policies Applied:

Epping Forest Local Plan (1998) and Alterations (2006):

CP2 – Protecting the quality of the rural and built environment GB2A – Development in the Green Belt DBE1 – Design of new buildings DBE2 – Effect on neighbouring properties DBE4 – Design in the Green Belt DBE8 – Private amenity space DBE9 – Loss of amenity RP3 – Water quality U3A – Catchment effects ST4 – Road safety ST6 – Vehicle parking LL10 – Adequacy of provision for landscape retention LL11 – Landscaping schemes

The above policies form part of the Councils 1998 Local Plan. Following the publication of the NPPF, policies from this plan (which was adopted pre-2004) are to be afforded due weight where they are consistent with the Framework. The above policies are broadly consistent with the NPPF and therefore are afforded full weight.

Epping Forest District Local Plan (Submission Version) 2017:

The Epping Forest District Local Plan (Submission Version) 2017 has been approved for publication and is the Plan the Council intend to submit for independent examination. The policies in the Plan are considered to be up to date and accord with national policy and therefore should be given substantial weight in the consideration of planning applications in accordance with the Council’s decision on 14 December 2017 and paragraph 217 of the NPPF. The policies and the Plan are supported by up to date and robust evidence – the evidence should also be treated as a material consideration. The relevant policies in the context of the proposed development are:

SP1 - Presumption in Favour of Sustainable Development SP6 - Green Belt and District Open Land T1 - Sustainable Transport Choices DM3 - Landscape character, ancient landscapes and geodiversity DM4 - Green Belt DM5 - Green and Blue Infrastructure DM9 - High quality design DM10 - Housing Design and Quality DM11 - Waste Recycling Facilities on New Development DM18 - On Site Management of Waste Water and Water Supply DM21 - Local Environmental Impacts, Pollution and Land Contamination

Consultation Carried Out and Summary of Representations Received:

5 neighbouring residents were consulted and 6 responses were received.

PARISH COUNCIL – OBJECT - on the grounds of overdevelopment of the site, undue impact upon neighbours and out of keeping with the street scene.

6, 7, 9, 11, 12 Parkside, 18 Rainbow Road – OBJECT – Summarised as – Loss of views, impact on the Green Belt, out of character with the surrounding area, drawings do not show neighbouring extensions, two bedroom house not in keeping with the size of neighbouring dwellings, developments in Harlow should mean less need for houses in Matching Tye.

Main Issues and Considerations:

The key considerations are the impact on the Green Belt, the character and appearance of the surrounding area, regarding neighbours’ amenities, highway safety considerations, and any impact on the landscaping.

Green Belt:

The application site is part of a wider 1960’s development of some 40 dwellings to entrance to the village of Matching Tye. These dwellings are all connected and form a distinct village envelope which also includes a pub. The National Planning Policy Framework states that the erection of new buildings within the Green Belt constitutes inappropriate development, however provides a number of exceptions to this. The list of exceptions includes “limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan”.

Matching Tye would undoubtedly constitute a ‘village’. The definition of infill development as laid out within Appendix 1 of the Submission Version of the Local Plan reads:

“Infill development refers to the development of a small gap in an otherwise continuous built up frontage, or the small-scale redevelopment of existing properties within such a frontage”.

The application site is surrounded on three sides by existing development, with only the southern boundary facing towards Harlow Road and open undeveloped land. It is considered that one dwelling of this scale would be considered suitably ‘limited’ in this location and would clearly be seen within the context of the village of Matching Tye and would not detrimentally encroach into open countryside. Therefore, it is considered that the proposed dwellings would comply with the exception of “limited infilling in villages” as laid out in the National Planning Policy Framework and therefore would not constitute inappropriate development harmful to the openness of purposes of the Green Belt.

In addition, other sites within the locality, including in Rainbow Road to the rear (ref. EPF/3291/16), have been approved as infill development sites for detached dwellings.

Design: The proposed dwelling would reference design features of the adjacent semi- detached dwellings, with identical fenestration and material treatment, whilst detached, the dwelling would fit in well with its setting and would sit comfortably between the 10 and 11 Parkside. Neighbours have commented that the proposed development would appear cramped next to the side extension of no. 11. The proposed development would be sited in excess of a metre from either side boundary, meeting design requirements, and would leave a similar visual gap to that which could be created by the extant consent for a two-storey side extension to the host dwelling.

It is considered that the overall design and scale of the new dwellings would not appear detrimental to the character and appearance of the street scene.

The proposed dwelling would benefit from an excess of the required private amenity space.

Amenity concerns:

The proposed dwelling would be sited between no’s 10 and 11 and would be in line with the front and rear walls of each dwelling. The new house would not impinge on lines of sight from a 45 degree angle of either neighbouring dwellings first floor windows and due to the size of the plot would not create any sense of overbearing greater than the extant consent for a side extension to no. 10 or the existing side extension at no. 11. The host dwelling would be left with some 140 square metres of rear garden, which would be considered ample for a dwelling of its scale. Whilst it is noted some comments have been made in reference to a loss of views from neighbours to the rear, this cannot be taken as a material planning consideration.

Access and Parking:

The proposed dwelling would be served by the existing access and would have two dedicated parking spaces to the front elevation, meeting the parking standards for a dwelling of this scale.

Trees and Landscaping:

Whilst some soft landscaping has been shown on the proposed plans, further details of hard and soft landscaping would be required via condition to ensure the proposed dwelling mirrors the deep, well greened frontages of neighbouring dwellings along Parkside.

Epping Forest Special Area of Conservation

As set out in Policy DM 2 and DM 22 of the emerging Local Plan, issues have been identified with respect to the effect of development on the integrity of the Epping Forest Special Area of Conservation (SAC) as a result of increased visitor pressure arising from new residential development, and from local air quality issues within and adjacent to the SAC. The site lies outside of the 6.2km zone identified by Natural England within which new development is likely to particularly impact on the SAC. The Council is continuing to develop with partners a strategy for the management and monitoring of visitor pressures on the SAC, and to monitor air quality. This will include measures to be funded through the securing of financial contributions from new development in accordance with the relevant policies above. Notwithstanding the fact that this work is yet to be completed the agent has confirmed willingness to enter into a s106 agreement to provide the appropriate contributions if required.

Other Concerns:

Neighbours have raised concerns that large developments in the district of Harlow to the south of this site should compensate for the housing needs of Matching Tye, this is not a material consideration to the planning application. Conclusion

The proposed development would constitute a limited infill within a village and therefore would not be inappropriate development harmful to the Green Belt. The design and layout of the proposed dwelling is considered to be appropriate to the wider street scene and would not detrimentally impact on neighbour’s amenities or the existing landscaping on or around the site. Therefore, subject to conditions, the proposal complies with the guidance contained within the NPPF and the relevant Local Plan policies and the application is therefore recommended for approval.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the day of the meeting at the latest:

Planning Application Case Officer: Corey Isolda

Direct Line Telephone Number: 01992 564380 or if no direct contact can be made please email: [email protected] THIS PAGE IS INTENTIONALLY LEFT BLANK

123 Epping Forest District Council Agenda Item Number 4

Willowfield EFDC

School Tilegate 4 (disused) Council Houses

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Moonrakers Unauthorised reproduction infringes f 1.2 e Crown Copyright and may lead2m to Application Number:D EPF/3424/18 prosecution or civil proceedings. RH Site Name: Land to rear of Willowbank Farm Contains Ordnance Survey Data. © School Lane Magdalen Laver Essex Crown Copyright 2013 EFDC License No: 100018534 CM5 0EE Scale of Plot: 1:1250 Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No:4

APPLICATION No: EPF/3424/18

SITE ADDRESS: Land to rear of Willowbank Farm School Lane Magdalen Laver Essex CM5 0EE

PARISH: Moreton, Bobbingworth and the Lavers

WARD: Moreton and Fyfield

APPLICANT: Ms Cheryl McGee

DESCRIPTION OF Demolition of existing stables and construction of a new bungalow. PROPOSAL: RECOMMENDED Grant Permission (With Conditions) Subject to Legal Agreement DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=618833

CONDITIONS

1 The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 01 Rev A; 06 Rev A; 05 ; Design and Access Statement

3 No construction works above ground level shall have taken place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

4 Prior to preliminary ground works taking place, details of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

5 Prior to first occupation of the development, measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day.

6 Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed and utilised to clean vehicles immediately before leaving the site. Any mud or other material deposited on nearby roads as a result of the development shall be removed.

7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, (or any other order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Class A-E] of Part 1 of Schedule 2 to the Order, shall be undertaken without the prior written permission of the Local Planning Authority.

8 Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

9 Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point for each dwelling that has a garage or allocated parking space and 1 Electric Vehicle Charging Point for every 10 properties that share unallocated parking shall be installed and retained thereafter for use by the occupants of the site.

10 All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

11 Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

12 Details of the proposed surface materials for the drainage system shall be submitted to and approved in writing by the Local Planning Authority prior to their installation. The agreed surfacing shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property. The agreed surface treatment shall be completed prior to the first occupation of the development or within 1 year of the substantial completion of the development hereby approved, whichever occurs first.

And subject to the applicant first entering into a legal agreement under Section 106 to provide an appropriate contribution towards mitigation of any possible adverse impact on the Epping Forest Special Area of Conservation with regard to air quality.

This application is before this Committee since the recommendation is for approval contrary to an objection from a local council which is material to the planning merits of the proposal (pursuant to the Constitution, Part Three: Scheme of Delegation, Appendix 3).

Description of Site: The application site comprises a plot of land sited to the north of School Lane to the rear of Willowbank Farm covering an area of 0.3 hectares which accommodates 2 sets of stable blocks approved in 1999 which currently sit on the perimeter of the south and west boundary at a height of 3.45m. Vehicle access is via a shared access road sited in between The Old School and Maple House.

The site is sited in a small enclave of residential properties within the boundaries of the Metropolitan Green Belt.

Description of Proposal: The application is seeking consent for the demolition of the existing stable buildings and their replacement with a detached, 4 bed ‘L’ shaped bungalow sited in much the same location, measuring a depth of between 4.6m - 6.5m, a height of 3.6m with York stone slabs and garden area. Vehicle access remains as existing.

The plans were amended by the agent to show the boundaries of the Willowbank Farm and the vehicle access road. . Relevant History:

EPF/0032/11 Conversion of existing stable block to Refused 2/03/11 residential accommodation –

Reason for Refusal: - The proposed development is not considered to be located within a sustainable location and does not comply with the objectives of policies GB8A and GB9A of the Local Plan.

EPF/1674/98 Demolition of piggery erection of stables, Approved haystore and construction of ménage, 24/04/99 access road and hardstanding. Use of land for horsekeeping – Part Implemented with only the haystore/feed/tack not built. Polices Applied: National Planning Policy Framework

The National Planning Policy Framework (NPPF) has been adopted as national policy since July 2018 which states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight.

Epping Forest Local Plan and Alterations (1998/2006)

CP1 - Achieving sustainable development objectives CP2 - Protecting the quality of the rural and built environment CP3 - New development GB1 - Green Belt Boundary GB2A - Development in the Green belt GB7A - Conspicuous Development GB15A - Replacement Dwelling RP4 - Contaminated land DBE1 - Design of new buildings DBE2 – Effect on neighbouring properties DBE4- Design in the Green Belt DBE6 – Car Parking in New Development DBE8 - Private amenity space DBE9 - Loss of amenity H2A - Previously developed land LL9 - Felling of preserved trees LL10 - Adequacy of provision for landscape retention LL11 - Landscaping schemes ST1 - Location of development ST4 - Road safety ST6 - Vehicle parking NC1 - SPAs, SACs and SSSIs NC3 - Replacement of Lost Habitat NC4 - Protection of established Habitat

On 14 December 2017, full Council resolved that the Epping Forest Local Plan Submission Version, 2017 be endorsed as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF.

Paragraph 48 of the NPPF provides that decision-takers may give weight to relevant policies in emerging plans according to:

 the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

 the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and  the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at its advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

SP6 - Green Belt and District Open Land SP7 - The Natural Environment, Landscape Character and Green and Blue Infrastructure T1 - Sustainable Transport Choices DM1 - Habitat Protection and Improving Biodiversity DM2 - Epping Forest SAC and the Lee Valley SPA DM3 - Landscape Character, Ancient Landscapes and Geodiversity DM4 - Green Belt DM9 - High Quality Design DM10 - Housing Design and Quality DM11 - Waste Recycling Facilities on New Development DM15 - Managing and Reducing Flood Risk DM16 - Sustainable Drainage Systems DM17 - Protecting and Enhancing Watercourses and Flood Defences DM18 - On Site Management of Waste Water and Water Supply DM19 - Sustainable Water Use DM20 - Low Carbon and Renewable Energy DM21 - Local Environmental Impacts, Pollution and Land Contamination DM22 - Air Quality

Consultations Parking and Highways From a highway and transportation perspective the Highway Authority has no objections to make on this proposal as it is not contrary to the Highway Authority’s Development Management Policies, adopted as County Council Supplementary Guidance in February 2011, policies ST4 & ST6 of the Local Plan and policy T1 of the Local Plan Submission Version 2017.

Engineering, Drainage and Water Team No objection in principle. The site does not lie within Epping Forest Council Flood Risk Assessment Zone. Any works to or within 8m of an open or piped watercourse will require Land Drainage Consent. For further information on the Land Drainage Consent process or to find the application forms the applicant should visit the link below: http:/www.eppingforest.gov.uk/index.php/residents/your- environment/drainage/flooding-and-land-drainage The applicant has no proposal to dispose of foul sewerage. Further details are required. Please add a condition requiring approval of foul drainage details by the Local Planning Authority prior to development commencing.

The applicant is proposing to dispose of surface water by sustainable drainage system. Techniques’ such as green roofs, rainwater harvesting and permeable paving should be given string consideration. Further details are required. Please add a condition requiring approval of surface water drainage details by the Local Planning Authority prior to development commencing.

Contamination Any comments received will be reported at Committee

Representations:

MORETON, BOBBINGWORTH & LAVERS PARISH COUNCIL - Object-

 Willowbank Farm is ‘Melonase’ which has a history of planning applications over the past 21 years. There is currently a shortage of equestrian facilities within the UK. If built, further stable blocks will have to be built.

 The Design and Access Statement states that the land is previously developed land but the application form clearly states that the land is in agricultural use. Annexe 2 of the NPPF excludes agricultural buildings for development and that green belt land should be preserved and protected.

 The location of the development does not contribute towards sustainability. The development fails to comply with CP1(iv) less reliance on car journeys and CP1(v) avoid further commuting.

 As the land was formerly used for agricultural there is a likelihood of contamination from agricultural vehicles.

7 Neighbouring properties were consulted on the 10/01/2019 and no objections have been received. Assessment: The main issues for consideration are: the principle of a residential development; impact on the Metropolitan Green Belt. Design and siting; impact on amenity of neighbouring properties; parking and other matters of consideration.

Principle of Residential and development in the Metropolitan Green Belt

The National Planning Policy Framework (NPPF) encourages the provision of more housing and states that applications should be considered in the context of the presumption in favor of sustainable development. Local Planning Authorities should encourage the effective use of re-using land that has been previously developed provided that it is not of high environmental value.

Paragraph 133 of the National Planning Policy Framework requires that 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. Paragraph 143 requires that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. This is broadly restated in Policies GB2A of the Local Plan.

Paragraph 145(d) of the Framework states that the Council should regard the construction of new buildings as inappropriate in Green Belt with some exceptions. The relevant exceptions in this case include: - (1) The replacement of a building provided the new building is in the same use and is not materially larger than the one it replaces.

The existing stable blocks have a floor total floor area of 161.4m2 with a combined volume of 570m. The new replacement dwelling would have a total floor area of 160m2 and a volume of 501m3.

The height of the stables is 3.5m with an eave’s height of 2.5m and the proposed dwelling would have a ridge height of 3.5m and an eaves height of 2.4m.

The existing vacant stable blocks are not agricultural buildings and as such the site is regarded as previously developed land and as such, the reuse of the land for residential is considered appropriate in the Green Belt. The replacement dwellinghouse would not be materially larger than the existing buildings and would not therefore result in any greater harm to the openness of the Green Belt and is by definition not inappropriate development and accords with national and local policy.

Impact on the openness of the Green Belt.

The proposed dwellinghouse is of traditional rural design, sited well back from the main highway, modest in height, form and appearance resulting in a limited impact on the character and openness of the Green Belt. The proposal is not considered harmful to the character and visual appearance of the surrounding properties and accords with the requirements of chapter 13 of the NPPF, Policy GB2A of the Local Plan and GB4 of the Submission Version, 2017.

The proposed single dwellinghouse is not considered to result in any significant additional material harm to the openness of the Green Belt in the form of traffic or activity than the existing stable blocks.

Neighbouring Amenity and the form of Accommodation.

The property is set in spacious grounds well separated from nearby properties with the closest residential property sited at a distance of some 20m.

The separation distance would ensure that the proposed development would not result in any harmful amenity implications in terms of loss of noise or disturbance. Overall, it is considered that the amenity of the adjoining occupiers would be maintained to an acceptable level and accords with the requirements of policy DBE9 of the Local Plan.

The form of accommodation is acceptable with each room having sufficient daylight, outlook and ventilation and a satisfactory form of living space for future occupiers

In addition, the proposed dwellinghouse would meet the Nationally Prescribed Space Standards as set out in Policy DM10 of the Submission version Local Plan, 2017, providing a good quality of accommodation for future occupants. The Local Plan seeks to ensure that new residential developments should provide garden area which is functional and usable in terms of its width, depth, shape and orientation to meet the needs of future occupants and which would not suffer from any direct overlooking or loss of privacy.

The proposed dwelling provides over 100m2 of amenity area which is functional and usable in terms of its width, depth, shape and orientation to meet the needs of future occupants and which would not suffer from any direct overlooking or loss of privacy. and accords with the requirements of DBE1 of the Local Plan and DM10 of the Submission Version Plan.

Highways & Transportation

The proposed development is to utilise the existing vehicle access onto School Lane and has allocated parking area to the front of the property for 2 cars which meets the minimum standards required by the Essex Parking Standards and Policy ST6. Essex County Council Highways have no objections to the proposal in terms of highway safety.

Land Drainage

The Land Drainage Team consider that the principle of the development is acceptable subject to a condition requiring details of foul and surface water disposal. The condition is considered reasonable and necessary.

Contamination

There is the potential for there to be contaminants on the site as a result of its former use. In principle it is possible to deal with potential risks through the use of planning conditions which are considered reasonable and necessary to impose. Epping Forest Special Area of Conservation: The site has been considered in the context of the Epping Forest SAC and Policy DM2 and in this regard lies outside the 6.2KM zone where recreational use of the SAC may be impacted. However, it is considered that the proposed development results in additional vehicle activity and in accordance with policy DM22, it is appropriate that the developer makes a contribution to a programme of air quality monitoring. Notwithstanding the fact that this work is yet to be completed the agent has confirmed the willingness to enter into a S106 agreement to provide the appropriate contributions to secure this.

Other Matters

The comments of the Parish Council are noted with some of them being addressed with the submission of an amended plan. The most relevant history of the site was the refusal of planning permission in 2011 for the conversion of the stables to a new dwellinghouse on the grounds that the site is in a non-sustainable location.

The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development and there are 3 dimensions to sustainable development: economic, social and environmental. Whilst there is support for a rural economy this needs to be balanced against the social role of supporting strong vibrant communities by providing the supply of housing required to meet the need of present and future generations and by creating a high-quality built environment with accessible local services and the environmental role of protecting and enhancing the natural and built environment. Taking everything into considerations, whilst the site is not considered ‘sustainable’ the required need to bring forward the growing need for additional housing would outweigh the objection on sustainability grounds.

Conclusion:

Having taken all material considerations into account, it is concluded that on balance, the proposal is an efficient use of the land that would not result in any additional detriment impact on what presently exists and therefore is not considered inappropriate development that would not have a harmful impact on the openness of the Green Belt.

The design and layout of the dwellings are appropriate to the rural setting that sufficiently maintain the character and appearance of development in the surrounding area and would not have any amenity implications on neighbouring dwellings; parking/highway safety and landscaping subject to the imposition of conditions and to a legal agreement with regard to mitigation of impacts on the SAC. the application is considered to be in accordance with the adopted Local Plan and Alterations (1998- 2006) and the emerging Local Plan, Submission Version, 2017 with the relevant parts of the National Planning Policy Framework.

Recommendation In the light of the above considerations it is recommended that planning permission is Approved subject to conditions and to the completion of a S106 Legal Agreement to secure appropriate financial contribution towards measures to mitigate air quality as set out in this report.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the day of the meeting at the latest:

Planning Application Case Officer: Caroline Brown

Direct Line Telephone Number: 01992 564182

or if no direct contact can be made please email: [email protected]

123 Epping Forest District Council

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9 Unauthorised reproduction infringes 7 SP 6 Crown Copyright and may lead to Application Number: EPF/3426/18 prosecution or civil proceedings. Site Name: Garages to the rear of nos 13-43 Contains Ordnance Survey Data. © Charles Street Epping Essex Crown Copyright 2013 EFDC License No: 100018534 CM16 7AU Scale of Plot: 1:1250 Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No: 5

APPLICATION No: EPF/3426/18

SITE ADDRESS: Garages to the rear of nos 13-43 Charles Street Epping Essex CM16 7AU

PARISH: Epping

WARD: Epping Hemnall

APPLICANT: Mr Russell Tomkins

DESCRIPTION OF Demolition of the existing garage buildings and the erection of 9 x PROPOSAL: 2 bedroom mews houses, with associated landscaping, parking, bike and refuse stores.

RECOMMENDED Grant Permission (With Conditions) Subject to Legal Agreement DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=618853

CONDITIONS

1 The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos:

CHSs_EX_100_A, CHSs_EX_200_A, CHSs_PL_100_C, CHSs_PL_200_C, CHSs_PL_120_C, CHSs_PL_220_C, CHSs_PL_320_C, CHSs_PL_321_C, CHSs_PL_322_C, RCT Construction Limited Transport Statement ref A110371-1 December 2018, Planning Statement, Noise and Vibration Impact Assessment Technical Report 31503 R2 by Sound Solution Consultants, Flood Risk Assessment by Tree Counties Flood Risk Assessment, Energy and Sustainability Statement by Integration dated 12 December 2018, Tim Moya Associated Ecological Report Extended Phase 1 Habitat Survey Bat Scoping Assessment, Great Crested Newt HSI Assessment Nov 2017, Report on a Phase 1 Desk Study by Ground Engineering ref C14638 Dec 2018, Tim Moya Associates Arboricultural Impact Assessment ref 180920-PD-10 Dec 2018.

3 No construction works above ground level shall have taken place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing, prior to the commencement of the development. The development shall be implemented in accordance with such approved details. 4 No preliminary ground works shall take place until a flood risk assessment and management and maintenance plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The assessment shall include calculations of increased run-off and associated volume of storm detention using WinDes or other similar best practice tool. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

5 No development shall commence until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency's Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), shall have been submitted to and approved in writing by the local planning authority. If any contamination is found, a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the approved development shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures and timescale and a verification report shall be submitted to and approved in writing by the local planning authority. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

6 Following completion of the measures identified in the approved remediation scheme, and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented.

7 In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the Phase 2 report, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

8 Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

9 Prior to preliminary ground works taking place, details of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

10 Prior to first occupation of the development, measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day.

11 The development permitted by this planning permission shall be carried out in accordance with the recommendations made in the submitted Noise and Vibration Impact Assessment Technical Report reference 31503 R2 by Sound Solution Consultants.

12 The development permitted by this planning permission shall be constructed in accordance with the details listed in the Energy and Sustainability Statement by Integration dated 12 December 2018.

13 The development permitted by this planning permission shall be carried out in accordance Recommendations made in Tim Moya Associated Ecological Report Extended Phase 1 Habitat Survey Bat Scoping Assessment, Great Crested Newt HSI Assessment Nov 2017,

14 Access to the flat roof over the extension hereby approved shall be for maintenance or emergency purposes only and the flat roof shall not be used as a seating area, roof garden, terrace, patio or similar amenity area.

15 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, (or any other order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Class B of Part 1 of Schedule 2 to the Order, shall be undertaken without the prior written permission of the Local Planning Authority.

16 Prior to first occupation of the development, the Developer shall be responsible for the provision and implementation, per dwelling, of aa residential Travel Information Pack for sustainable transport, approved by Essex County Council.

17 Prior to the first occupation of the development the access arrangements, vehicle parking and turning areas as indicated on the approved plans shall be provided, hard surfaced, sealed and marked out. The access, parking and turning areas shall be retained in perpetuity for their intended purpose.

18 Prior to first occupation of the development hereby approved, 1 Electric Vehicle Charging Point for each dwelling that has a garage or allocated parking space shall be installed and retained thereafter for use by the occupants of the site. 19 All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

20 Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed and utilised to clean vehicles immediately before leaving the site. Any mud or other material deposited on nearby roads as a result of the development shall be removed.

21 No new windows shall be inserted into the southern elevation walls of the dwellings hereby approved without the prior written permission of the Local Planning Authority.

This application is before this Committee since the recommendation is for approval contrary to an objection from a Local Council and at least one non-councillor resident, on planning grounds material to the application (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council)).

And subject to the completion of:-

1) consultation with Natural England, and

2) a S106 legal agreement to be signed and completed to secure (a) an appropriate financial contribution for the management and monitoring of visitors to the Epping Forest Special Area of Conservation and management and monitoring of air quality,

• An Electric charging point for electric vehicles • Resources relevant to the use of passenger transport and cycling/walking (e.g. Travel Plans, provision of travel packs and introductory tickets for use on public transport, cycle parking,) • The new house to have the ability to connect to high speed broadband.

Description of Site:

The proposal site is located to the north of residential properties numbered 13-43 Charles Street. Access to the site is between 11 and 13 Charles Street. It originally served the post war housing along this part of Charles Street. The site area is 2400 square metres. It contains garages. Trees line parts of the perimeter of the site. The levels on the site are undulating.

To the north of the site is the Bower Hill Industrial area, to the east and south is a mixture of 20th century semi-detached and terraced residential properties and to the west is the railway line.

The site is within the built-up area of Epping. It has no heritage designation attached to it.

Description of Proposal:

Permission is sought for the demolition of the existing 74 garage buildings and the erection of 9 x 2-bedroom mews houses, with associated landscaping, parking, bike and refuse stores.

The houses measure a maximum 9m high to the ridge of their front facing gable roofs, 9.4m wide and 6.9m deep. Materials include coloured zinc cladding for the upper floors and roof, grey brick work for the ground floor walls, Grey metal framed fenestration. Each unit has a terrace /planting area which covers an area of 29.6 square metres along with an additional raised brick planter. Each unit has one car parking space. Access to the site is as existing.

Amendments to the original submission following officers’ comments include: - - Changed the proposed three-bedroom units to two-bedroom units - Reconfigured the site to increase the quantum of landscaping - Removed the terraces and Juliette balconies - Removed the two visitor parking spaces, replacing it with additional landscaping.

Relevant History:

No relevant history

Policies Applied

Epping Forest Local Plan (1998) and Alterations (2006):

Epping Forest Local Plan (1998) and Alterations (2006):

CP1 – Achieving sustainable development objectives CP2 – Protecting the quality of the rural and built environment CP3 – New development CP4 - Energy Conservation CP5 - Sustainable building CP6 – Achieving sustainable urban development patterns CP7 – Urban Form and Quality CP9 – Sustainable transport RP4 – Contaminated land H3A – Housing density DBE1 – Design of new buildings DBE2 – Effect on neighbouring properties DBE3 – Design in urban areas DBE8 – Private amenity space DBE9 – Loss of amenity LL10 – Adequacy of provision for landscape retention LL11 – Landscaping schemes ST1 – Location of development ST4 – Road safety ST6 – Vehicle parking NC1 - SPAs, SACs and SSSIs NC3 - Replacement of Lost Habitat NC4 - Protection of established Habitat I1A – Planning Obligations The National Planning Policy Framework

The National Planning Policy Framework (NPPF) has been adopted as national policy since February 2019. Paragraph 213 states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight.

Epping Forest District Local Plan (Submission Version) 2017: The Epping Forest Local Plan Submission Version 2017 was submitted for independent examination in September 2018. Accordingly, it can be endorsed as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF.

Paragraph 48 provides that decision-takers may give weight to relevant policies in emerging plans according to: • the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given); • the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and • the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

SP1 - Presumption in Favour of Sustainable Development SP2 - Spatial Development Strategy 2011-2033 SP3 - Place Shaping SP7 - The Natural Environment, Landscape Character and Green and Blue Infrastructure H1 - Housing Mix and Accommodation Types H2 - Affordable Housing E1 - Employment Sites T1 - Sustainable Transport Choices T2 - Safeguarding of Routes and Facilities DM1 - Habitat Protection and Improving Biodiversity DM2 - Epping Forest SAC and the Lee Valley SPA DM3 - Landscape Character, Ancient Landscapes and Geodiversity DM5 - Green and Blue Infrastructure DM9 - High Quality Design DM10 - Housing Design and Quality DM11 - Waste Recycling Facilities on New Development DM12 - Subterranean, Basement Development and Lightwells DM15 - Managing and Reducing Flood Risk DM16 - Sustainable Drainage Systems DM17 - Protecting and Enhancing Watercourses and Flood Defences DM18 - On Site Management of Waste Water and Water Supply DM19 - Sustainable Water Use DM20 - Low Carbon and Renewable Energy DM21 - Local Environmental Impacts, Pollution and Land Contamination DM22 - Air Quality

Consultation Carried Out and Summary of Representations Received

Number of neighbours consulted: 45 Site notice posted: Yes Responses received: 13 Charles Street, 15 Charles Street, 29 Charles Street, 33 Charles Street, 35 Charles Street, 43 Charles Street, 43A Charles Street, 18 Beulah Road: OBJECT

• Not in keeping with style of local area National policy states that character of individual areas must be taken into consideration

 The proposed zinc cladding & grey brick / aluminium windows are in stark contrast to the style of any houses in Epping – This negative / adverse visual impact, driven by the developer’s choice of cheaper building materials should not be allowed.

 Overdevelopment: Not enough parking for 9 properties, some properties will have multiple cars and visitors’ cars which will over-spill into Charles Street, which is already overcrowded. We already pay for a parking permit and are repeatedly unable to park near our home.  Residents of this new development should not be allowed parking permits if ‘sustainable Transport’ is truly being pursued by developer & council.  Concerns of noise & disturbance from 9 houses right behind our home  Concerns of 8.5 ft brick wall at our boundary being replaced by 6-foot fence – allowing easier access into our back garden  Would want proposed landscaping to extend to behind our home to block out noise, offer privacy & make access to the rear of our garden more difficult.  The bins are placed at the side of my garage causing an environment issue for me plus the fact of stopping me maintain the side of my garage, also the entrance to the site is barely a car width and also a blind spot for pulling out so will certainly be a safety issue.  Proposed second floor balconies will look directly into our garden and house; effecting quality of life.  The proposed surface water drainage is unlikely to work in the clay ground and larger green areas would help this  There is currently no light or power on the site, thus there is very little or no usage outside daylight hours. In any case, the present volume of traffic is very light - when I visit, it is unusual to find anyone else there. With 9 dwellings, usage will be constant, and there will be significant quotas of deliveries and vehicle movements in and out, for much longer periods of the day. The bland statement that the site offers “a reasonable turning area for delivery vehicles” cannot be taken at face value, since this depends on the size of the vehicles, and whether they are able to gain access to the site in the first place.  The conclusion by the Highways Authority that “the proposal will not adversely affect highway safety or efficiency” is plain irresponsible, and fundamentally incorrect.  Loss of a private view  For a much more credible assessment, look at the letter of objection from Epping Town Council.

Epping Society: OBJECT:

We feel this site would be better suited to employment use as part of the adjacent SVLP site EPP.E.4 Bower Hill Industrial Estate.

The proposed houses would detract from the streetscene. The mews design has no affinity with Epping. The zinc cladding for the walls is not in keeping with the surrounding properties.

The front windows will look directly over back gardens on Charles Street.

Two and three bedroom properties might reasonably be expected to have families with children. The proposed properties have no amenity space. It is not acceptable for children to plan in the road even if it is a cul-de-sac. How are disabled and elderly residents expected to manage these rubbish collection arrangements? Dragging the rubbish bins back and forth is unacceptable for the less able. Access to narrow roadway within the site will be difficulty for delivery, service and emergency vehicles. There is not enough parking provided for 9 family homes and their visitors on this cramped site. We note the artists’ views don’t show the 11 cars parked in the spaces!

PARISH COUNCIL: OBJECT:

While the Committee note some design amendments, the revisions do not adequately address their previous concerns.

The design of this proposal would have a detrimental defect on the street scene and the character of the current urban environment. The materials are out of keeping with the surroundings, as the neighbouring properties are traditional brickwork styled family homes. National policy states that the character of individual areas must be taken into consideration and these materials would be in stark contrast to the existing look and feel of the area.

This proposal would make access difficult for the extra residential traffic as well as emergency vehicles and refuse vehicles and refuse vehicles due to the narrow road entrance. The scale of the development will result in the generation of far more traffic than is existing, which will have a detrimental effect on Highway Safety, through a narrow access road onto the site, from a busy and steep hill. The additional traffic will be detrimental to the area through which it will move. The site is not large enough to accommodate larger scale movement of traffic. There would be a loss of amenity for those using garages which have been used for storage including vehicle parking.

Committee are disappointed that despite commenting on insufficient car parking spaces, the applicant has reduced the number in this revised proposal and also raise concerns about the lack of car parking compared to the large number bike racks being proposed, even though there are no cycle or pedestrian routes planned and a location where steep uphill movement would be required into the town. Even though the property is located near the tube station, the car parking provision is inadequate. There is insufficient parking for nine dwellings with no allowance for visitors parking and any shortfall would be met in the neighbouring roads which already suffer from commuter and weekend parking. There are severe parking issues in Epping and insufficient parking from this scheme will put additional pressure on the surrounding roads.

Relevant policies CP2, CP3(i), CP6 (i), CP7, DBE1, DBE2, H£A, ST2, T4, ST6 NPPF: para 17, 32, 55, 56, 59, 64 Emerging Local Plan H1A (ii) (iii), DM2, DM9A, DM10.

Main Issues and Considerations:

The key considerations for the determination of this application area:

The principle of the development; Impact on the character and appearance of the site and surrounding area. Impact on the living conditions of surrounding residents; Quality of resulting residential accommodation; and Impact on parking provision and highway safety.

Principle

In terms of planning policy, the site is considered as previously developed land, and in line with Government policy redevelopment of this land is encouraged. Five-year housing supply

The site is situated within a sustainable urban location close to local services, facilities and public transport and would make more efficient use of this site. Given that 92% of the District is designated Green Belt the principle of further development within existing sustainable settlements outside of the Green Belt is generally considered to be appropriate, provided all other policies are complied with. In addition, chapter 5 of the NPPF seeks to boost the supply of homes.

The Council is currently in the process of preparing a new Local Plan where sites will be identified for residential development however the latest figures reveal that the Council can currently only demonstrate a 4.2-year supply of land for housing purposes.

In this circumstance paragraph 11 of the NPPF requires the application be approved unless any adverse impact of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.

The proposal has a density of 37 units per hectare. This figure is compatible with the character and appearance of the surrounding area. It therefore meets the requirements of policies CP1, CP3 and H3A of the Local Plan. The provision of 9 houses is therefore considered to be a significant benefit.

Sustainable Location

The proposal is located 400m away from Epping Underground Station. It is also close to other public transport links and amenities. The proposal will also provide private and secure cycle storage. Plans also indicate that each car parking space will have the provision for electric charging. It is therefore concluded the application site is highly suitable for this type of development as the site’s location will minimise the need to travel, promote opportunities for sustainable transport modes and will support the transition to low carbon future. and may contribute towards encouraging healthier lifestyles. On that basis the proposal complies with the requirements of the NPPF together with CP1 and CP3 of the Adopted Local Plan and policy T1 of the Submission Local Plan. The sustainable location and features of the scheme provide a significant benefit.

Design and appearance / Standard of accommodation proposed

The internal space, circulation, ventilation and outlook are enough to meet the requirements of the Technical housing standards’ document published by the Communities and Local Government Dept. in March 2015.

The prevailing character of the development is that of groups of 4 terraced post war dwellings built as part of an estate around the same time. The proposed dwellings would only have limited visibility from the street due to their back-land position adjoining the rear gardens of 13-45 Charles Street and in any case the proposal will help screen the existing industrial use to the north of the site. The proposed terrace has a contemporary appearance and the houses all have an acceptable scale, density massing and height and distance from neighbour properties. The proposal therefore complies with the requirements of DBE 1 of the Local Plan.

The Sustainability Statement by ‘Integration’ submitted with this proposal predicts that following the introduction of energy efficiency measures, passive and active design features will reduce carbon emission by 6.2% compared with similar houses built in accordance with Building Regulations part L (2013) compliant building. This is a benefit of the scheme in accordance with policies CP4 and CP5 of the Local Plan.

Private and public space would be clearly perceptible and safe. The front elevations face outwards onto public spaces and contain the main entrances. The proposal therefore complies with the requirements of policy DBE3 and DBE5 of the Local Plan.

A Noise Impact Assessment, which considered both internal and external space (p.23 and 24 of report). On the recommendations of this report, screening is proposed to the railway boundary, and flank walls are proposed to the amenity spaces to ensure noise levels are comfortable and to create privacy. As a result, the noise levels in the proposed amenity spaces are within the ProPG guidance limits (BS8233:2014).

However, the development remains car dominated, the access into the site will be shared by motorists and pedestrians. It is therefore not supported by paragraph 110 of the NPPF. However, this document will only permit refusal on highway safety grounds if the residual cumulative impacts of the development would be severe. The Highways Authority do not believe that the proposal will cause this level of harm and therefore refusal on these grounds would not be supported at appeal.

There is insufficient soft landscaping to soften the appearance of the development in accordance with policies SP 7(c) and DM5 of the Submission Version Local Plan. This deficiency is of concern and therefore is given weight in the consideration of this application.

The amenity space at 29 sqm per unit provision falls short of the 80 sqm required by policy DBE8. However, it is on balance not considered to be a sufficient ground for refusal as policy DM10B of the Submission Version Plan does not prescribe numerical standard’s for the provision of amenity space.

Trees and landscaping

The Tree Officer had initially objected to the scheme on the grounds that:-

“There are no trees that are of significance in the re-development of this site. This therefore, provides a ‘blank canvas’ on which to provide a comprehensive and suitable soft landscaping scheme to not only soften the appearance of the proposed development but also to provide an acceptable volume of accessible, and usable outside green space. We do not consider that the proposal provides this.

The provision of greenspace within new development is a critical part of maintaining healthy places to live and providing the contrast between built areas and outdoor space to meet social and psychological needs.

We have concerns that for all the properties the outside amenity space is to the front of the property, and of such a small size that it makes for very inadequate space for any meaningful soft landscaping. Whilst the applicant indicates that there will be other areas of greening around the development, this will make little impact to the appearance of the development as there will be limited opportunities for any taller elements of landscaping.”

The Tree Officer’s comments are weighed against the fact that there are currently no trees currently on the site. The proposal will increase the amount of the soft landscaping on the site and the proposed brick and railing raised planters will enable privet hedges to be planted within each plot and will ensure that these areas are not used for more parking.

Parking and Highways Policy T1 of the Submission Version Local Plan requires that within 400m of a railway station, the Council will seek reduced car parking. The justification for this is that the Council is seeking to promote other more sustainable modes of transport, manage congestions, promote and to improve safety, security and healthy lifestyles, as well as reduce air pollution to protect human health and the health /integrity of the Epping Forest Special Area of Conservation.

Since the proposal site is within 400m of Epping Station, the provision of 9 car parking spaces is in accordance with this policy. (No parking provision would also meet the requirements of this policy).

The Highways Authority have advised that since “the previous use did serve 74 garages on the site it is not considered that 9 dwellings will generate any more traffic than the original use. Consequently, given the location, the access is not considered to be detrimental to highway safety. It is also noted that the proposed layout does offer a reasonable turning area for delivery vehicles. Consequently, the proposal will not adversely affect highway safety or efficiency. It is for these reasons that no objections to the proposal have been raised on highway or parking grounds.

Impact on the living conditions of neighbouring residential properties.

The application site is on land which is 3.1m higher than that which the nearest existing properties on Charles Street.

However, the first-floor balconies have been removed from the application, the upper floor habitable room to habitable room distance between the proposal and the rear elevation windows of properties within 13-35 Charles Street is between 28m and 32m. This distance is sufficient to ensure that the internal rooms of these neighbours will not be overlooked. It also reflects window to window distances of existing properties within Epping.

The upper floor windows of the new dwellings will have views into the private gardens of these neighbours, however it is not more than that already perceived by existing neighbouring properties.

It is also recommended that permitted development rights for dormer extensions and insertion of additional windows within the loft area are removed to ensure that overlooking is not increased in the future.

It is for these reasons considered that neighbouring amenity will not be excessively affected in terms of loss light, outlook, privacy or dominance.

The proposed use is compatible with residential use of the surrounding area. Furthermore, the change of use from a lock up garage site to a housing area will not excessively increase the noise and disturbance emitted from site over and above what can already occur when the site is fully occupied.

The proposal therefore complies with the requirements of policy DBE9 of the adopted Local Plan and DM9 of the Submission Version Plan.

Land Drainage

The development is of a size where it is necessary to avoid generating additional runoff and therefore the Council’s Land Drainage engineer has requested a Flood Risk Assessment condition to improve existing surface water runoff and a condition requesting details of surface water drainage in accordance with policy U2B of the Local Plan.

Contaminated Land The Contaminated Land team have raised concerns that there may the potential for contaminants to be present of the site due to the use of the site as garages and is covered in made ground as well as a former gas works being in close proximity to the site. They therefore recommend that conditions be attached to any permission to ensure that appropriate assessments are made and if necessary mitigation measures undertaken in accordance with paragraph 109 of the NPPF and RP4 of the Local Plan.

Ecology

The Ecological Report carried out by Tim Moya Associates found that the existing buildings had negligible potential for roosting bats. No evidence was also found of other protected species living on the site. Conditions are suggested to ensure that the existing habitats for birds and hedgehogs are not adversely affected and that the recommendations for biodiversity enhancement in chapter 8 of this report are carried out.

It is on this basis that the proposal complies with the requirements of policies NC3 and NC4 of the Local Plan and Alterations.

S106 (Recreational pressure and Air Quality)

The nature of the application is such that it would trigger a S106 planning obligation requirement in respect of impacts on the Epping Forest Special Area of Conservation (SAC). Since the proposal is within a settlement close to the Epping Forest Special Area of Conservation (SAC) and is likely to generate a significant amount of traffic, it is clear there will be an additional adverse impact on the special interest of the Forest and air quality in general. The Councils policies in this respect are set out below and its position with regard to protecting the SAC and the interim measures currently in place are further thereon.

Policy DM 2 requires:

All outline or detailed planning applications for new homes within the settlements of Loughton, Epping, Waltham Abbey, North Weald Bassett, Theydon Bois, Coopersale, Thornwood, Buckhurst Hill, Chigwell Row will be required to make a financial contribution to access management and monitoring of visitors to the Epping Forest SAC, in accordance with Visitor Survey Information which demonstrates this is needed.

Policy DM 22 requires:

Larger proposals, or those that have potential to produce air pollution, to undertake an air quality assessment that identifies the potential impact of the development, together with, where appropriate, contributions towards air quality monitoring. Assessments shall identify mitigation that will address any deterioration in air quality as a result of the development, having taken into account other permitted developments, and these measures shall be incorporated into the development proposals. This will include an assessment of emissions (including from traffic generation) and calculation of the cost of the development to the environment. All assessments for air quality shall be undertaken by competent persons.

Unlike policy DM2 this policy applies to development of all types and all locations as they all have the potential to result in increased traffic generation which would put pressure on the roads through the Epping Forest. The Epping Forest covers a large area of land within the District and much of the Forest is designated as a Special Area of Conservation (SAC). Biodiversity features within, or associated with, these designations enjoy the highest level of protection under UK and EU Law and UK planning policy. Epping Forest SAC is designated a ‘European Site’ and as the Conservation of Habitats and Species Regulations 2017 as amended (“the Habitats Regulations”) requires that the Council, as the competent authority, must before deciding to grant planning permission make an appropriate assessment of the implications of the development for the SAC in view of the SAC’s nature conservation objectives where it is likely that the development is likely to have a significant effect on the SAC (either alone or in combination with other development) and where the development is not directly connected with or necessary to the management of the SAC. This appropriate assessment is known as a Habitats Regulation Assessment (HRA). Under the Habitats Regulations, the Council may, if it considers that any adverse effects of the development on the integrity of the SAC would be avoided if the planning permission were subject to conditions or limitations, grant planning permission, subject to those conditions or limitations. The approach may vary depending on the scale and nature of the proposal. Two specific issues in particular have been identified that could result in development have a likely significant effect on Epping Forest SAC. These are: 1. Increased visitors to the Forest arising from new development within 6.2km of the SAC. 2. Damage to the health of the flora, including trees and potentially the heathland habitats, from air pollution primarily generated by vehicles. This application would result in a net increase in vehicle movements and therefore a likely significant effect on air quality as it relates to the Epping Forest SAC cannot be screened out at this point in time. It is also likely to lead to increased visitor pressure on the SAC given its location within the 6.2km Zone of Influence. The Council is currently awaiting the views of Natural England on the findings of an updated HRA (January 2019), which has been provided to support the Examination of the Council’s submitted Local Plan. This updated HRA has assessed the likely significant effect of development over the period of the Local Plan (including windfalls) in combination with other plans and projects. Until such time as Natural England confirms that it is satisfied with the findings of the updated HRA the Council cannot grant planning permission on any planning applications which would result in a net additional increase in vehicle movements within the District. Natural England has, however, advised that it is satisfied with the approach set out in the Council’s ‘Interim Approach to Managing Recreational Pressure on the Epping Forest Special Area of Conservation’ (adopted by the Council on 18 October 2018 as a material consideration in the determination of planning applications) with respect to mitigating the likely significant effects of residential development within the current Zone of Influence of 6.2km. The applicants have indicated that they are willing to enter into a legal agreement and/or accept to agree contributions that may emerge to address this issue. As such, and for the purposes of agreeing the principle and merits of the proposal as set out in this report, members are advised that any S106 legal agreement or planning condition is likely to require the provision of, or contribution to, measures including, for example:

- Financial contribution of £352 towards access management and monitoring in order to mitigate recreational pressure in the SAC - Electric charging points for electric vehicles - Resources relevant to the use of passenger transport and cycling/walking (e.g. Travel Plans, provision of travel packs and introductory tickets for use on public transport, cycle parking,) - All new development to have the ability to connect to high speed broadband.

Loss of garages The Design and Access Statement indicates that 13 of the 74 garages were let to residents within a 250m radius of the site. Of these 13 garages, there are 8 different tenants and their own properties have ample off-street parking. In addition the size of the garages are smaller than modern garage size standards and therefore not suitable for the storage of all cars. The Highways Authority has raised no objection to their loss. This lack of objection indicates that the residual cumulative impact of approving this application and the resultant loss of garage spaces would not be severe. In this circumstance the NPPF requires that planning permission should not be refused.

Furthermore, both national and local policies contain no requirement for the Council to protect storage or garage uses. However, the Local Authority is required to boost significantly the supply of housing which meets a local need.

Other matters

Access for emergency vehicles is not a material planning consideration as it is controlled by Building Control Regulations.

Noise and disturbance during the construction phase of the development would fall outside the scope of planning legislation as it is already covered by Environmental Health legislation.

Reduction in the value of neighbouring residential dwellings is not a material planning consideration.

There is no right in planning law to have access onto third party land to maintain the side wall of a garage.

Any nuisance created by the waste collection area would be a matter for the Environmental Health team.

Level of artificial light generated from the new dwellings would be compatible with the urban location within which the site is situated.

Transport for London have raised no objection to the proposal, however they have requested conditions be attached to any permission. Since the requested conditions relate to matters outside the remit of planning legislation it would be unreasonable to require that they be carried out.

Planning Balance

The proposal will provide much needed housing which is of a type which meets an existing local housing need within an urban area of Epping Forest District Council. Given the requirements of national policy to significantly boost the supply of housing. This benefit on balance outweighs the harm as a result of the proposal providing insufficient amenity space or soft landscaping and all other harms identified above.

The design of the contemporary terraced houses is acceptable and is considered to preserve the character and appearance of this area. The Highways Authority is satisfied that the proposal will not cause serious harm to highway safety or parking provision and will not have an excessive impact on neighbouring amenity. It is therefore considered that the proposal meets the requirements of sustainable development. The proposal complies with relevant planning policy and it is recommended that planning permission be granted subject to conditions and subject to completion of a S106 Legal Agreement to secure appropriate financial contributions for the management and monitoring of visitors to the Epping Forest Special Area of Conservation and a contribution towards measures to mitigate air quality as set out in this report. Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the day of the meeting at the latest:

Planning Application Case Officer: Sukhi Dhadwar Direct Line Telephone Number: 01992 564597 or if no direct contact can be made please email: [email protected] 123 Epping Forest District Council Agenda Item Number 6

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Unauthorised64 reproduction infringes Crown Copyright and may lead to Application Number: EPF/0217/19 prosecution or civil proceedings. Site Name: 8 Woodland Way Theydon Bois Contains Ordnance Survey Data. © Epping Essex CM16 7DZ Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1:500

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No: 6

APPLICATION No: EPF/0217/19

SITE ADDRESS: 8 Woodland Way Theydon Bois Epping Essex CM16 7DZ

PARISH: Theydon Bois

WARD: Theydon Bois

APPLICANT: Mr Ben Tansley

DESCRIPTION OF Erection of family room outbuilding in rear garden. PROPOSAL: RECOMMENDED Grant Permission (With Conditions) DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=619893

CONDITIONS

1 The development hereby permitted will be completed strictly in accordance with the approved drawings reference 8Woodland18 Block plan, Sheet 1 and Sheet 2.:

2 The building hereby permitted shall be used only for purposes incidental to the dwellinghouse at 8 Woodland Way and shall not be used as living or sleeping accommodation without prior consent of the Local Planning Authority.

3 The window in the door in the flank elevation shall be entirely fitted with obscured glass with a minimum Level 3 obscurity and have fixed frames and shall be permanently retained in that condition. No other door or window openings shall thereafter be installed into the rear and flank elevations of the building without prior consent of the Local Planning Authority.

EPF/0217/19

This application is before this Committee since the recommendation is for approval contrary to an objection from a Local Council and at least one non-councillor resident, on planning grounds material to the application (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council)).

Description of Site:

The application site lies on the south east side of the road. The site comprises a chalet style dwelling extended with a side dormer running the full length of the side roof and a single storey lean to at the side.

The site lies in a wholly residential area with a mix of single and two storey properties. Land falls towards the south, the houses being at an elevated level to the rear gardens. Description of Proposal:

The application seeks to retain a single storey outbuilding already constructed at the rear of the site. The outbuilding has a shallow mono-pitch roof 2.75m high at the rear and 2.9m high at the front. The building is set sufficiently off the boundaries for maintenance access – 950mm from no.6 and 610mm from no.10, and a minimum of 750mm from the rear. The building has been rendered and painted white. Full height glazed doors fill most of the front elevation and there is a door in the south west side but no other openings.

Relevant History:

None

Policies Applied:

Adopted Local Plan:

CP2 Protecting the quality of the rural and built environment DBE2 Effect on neighbouring properties DBE9 Loss of Amenity

The above policies form part of the Councils 1998 Local Plan. Following the publication of the NPPF, policies from this plan (which was adopted pre-2004) are to be afforded due weight where they are consistent with the Framework. The above policies are broadly consistent with the NPPF and therefore are afforded full weight.

NPPF:

The Revised National Planning Policy Framework (NPPF) (February 2019) states at paragraph 213 that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight.

Epping Forest District Local Plan (Submission Version) 2017:

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

Paragraph 48 provides that decision-takers may give weight to relevant policies in emerging plans according to:  the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);  the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and  the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

DM9 High Quality Design DM10 Housing Design and Quality

Consultation Carried Out and Summary of Representations Received

Date of site visit: 18 March 2019 Number of neighbours consulted: Five Site notice posted: No, not required Responses received: Two responses have been received from neighbours to the rear of the site, at 54 and 56 MORGAN CRESCENT. Representations raise similar issues: - bulk, size and appearance – comments concern the height and width, proximity to the site boundaries and the elevated position due to levels changes. - Out of character with other outbuildings – in terms of overall height and mass, and choice of materials - General loss of amenity - Impact on trees in rear gardens. - Other matters raised which are not material to the application relate to surface water run-off and inaccuracies with the location plan (from an OS base. Parish Council: Theydon Bois Parish Council have objected to the application, submitting detailed comments as under:

The Planning Committee noted that the outbuilding, which is the subject of this application, has already been built. It is positioned at the end of the residential garden of a semi‐detached house and is surrounded by neighbouring properties (both to the sides and rear). Many of the gardens in this area have modest wooden sheds and summerhouses, but this large brick and rendered outbuilding is very much out of keeping in its surroundings.

The outbuilding, which spans almost the full width of the plot, is of a considerable size and, from the block plan, the footprint appears to be nearing that of the size of the original ground floor of the main residence. The plans show the height of the building to be around 2.9 metres at its highest point, but this is exacerbated by the fact that it is built on raised foundations and on land which is higher than the gardens to the rear. The overall effect of the building is to create an overbearing structure when viewed from the private amenity areas of the adjacent properties.

The materials used in the construction of the outbuilding have combined to create something which is almost industrial or commercial in appearance, appearing particularly dominant when compared to the wooden sheds in the neighbouring gardens. The Planning Committee therefore consider that the outbuilding is visually intrusive in terms of the amenity of the surrounding neighbours.

Also, given the size of the outbuilding, and coupled with the description of “granny annexe” on the application form, the Planning Committee would question its intended use and would seek to ensure that, should this application be granted, a suitable Condition will be put in place to ensure that the outbuilding will not be used for primary residential, or commercial, purposes.

A similar Condition has been added to a number of larger outbuildings constructed within the curtilages of residential properties within this estate, being worded as below to ensure that the outbuilding …“shall only be used for purposes incidental to the dwelling house on the site. It shall not be used for primary accommodation, for example as a living room, bedroom or kitchen and shall not be used for any business or commercial purposes at any time”. This condition would be necessary in order to protect the privacy and amenity of residents in neighbouring properties, in accordance with Current Plan Policy DBE9, and DM 9 H of the Submission Version Local Plan, 2017.

Main Issues and Considerations:

In determining the application, Members should give weight to the applicants fall- back permitted development position but should not give any weight to the fact that most of the works have already been carried out.

In assessing the current application officers have viewed the building from the rear garden of one of the adjacent properties in Morgan Crescent.

The application site has a rear garden of around 25m depth. In this context the building occupies around 20% of this depth, or around 15% of the open curtilage of the site (the GPDO permits up to 50% coverage for such outbuildings). The building is therefore not excessive in terms of its overall scale within the site.

It is noted that no objections have been received from neighbours in Woodland Way and this is understandable. These properties and patios sit in a raised position relative to the garden such that the visual impact from the main habitable areas is significantly less intrusive than may otherwise be the case.

As objectors have commented, the building sits in an elevated position when viewed from properties in Morgan Crescent. Those properties have longer rear gardens, in excess of 30m from the houses to the buildings, and the building is well screened by a mix of existing trees and outbuildings. While noting comments on the potential loss of trees in the future, the application must be determined on the current conditions and the level of screening taken with the physical separation significantly limits the impact on the adjoining residents such that officers conclude this is not harmful to living conditions.

The Parish Council comment on the appearance of the building, its finishes and the fact that other outbuildings in the vicinity are smaller. The building is domestic in scale and in a broader context is not significantly greater in scale or unusual in finish to similar structures across the District – the fact that no other buildings of this character exist at present of itself does not affect consideration of the planning merits.

The building is described in the application as a family room / granny annexe. The building provides a simple basic layout and is accessible only from within the existing plot, it could not be used as an independent dwelling, nor would this be appropriate. Conditions can be imposed to clarify the ancillary nature of the building.

It is necessary to have regard to the applicant’s fall-back position. Planning permission is only required by reason of the height of the building which because the structure lies within 2m of the boundary should not have exceeded 2.5m. Thus, were the building to be reduced in height, it would be capable of retention on the same footprint and with the same design and finishes. This reduction amounts to 400mm at the front reducing to 250mm at the rear. If members were therefore minded to refuse the application, they would need to be satisfied that such a reduction would make a material difference to the appearance and impact of the building.

Conclusion:

On the planning merits of the building as constructed, officers consider that the proposal is for an appropriately proportioned building in the context of the site and immediate surroundings. The applicant does have a fall-back to reduce the building to within permitted development, however, given that no discernible impact on neighbouring amenity has been identified, officers consider there is insufficient benefit to justify pursuing this approach.

As such, subject to conditions relating to the use, it is recommended that planning permission be granted.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the Monday preceding the meeting at the latest:

Planning Application Case Officer: Ian Ansell Direct Line Telephone Number: 01992 564481 or if no direct contact can be made please email: [email protected] 123 Epping Forest District CouncilRT OU C

Agenda Item NumberH S7 T 1 MI * S EFDC ge rid * e en lsid eck Hil st Br cre Hill w Vie * Hill

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C e d 3 e s M t R o o o l L s t EFDCa a c e n R l l u a T e n h t t Unauthorised reproductione infringes a Crown Copyright and may lead to Application Number: EPF/0289/19 prosecution or civil proceedings.M Site Name: Carpenters High Road Thornwood e Contains Ordnance Survey Data. © a Epping Essex CM16 6LR Crown Copyright 2013 EFDC License No: 100018534 d Scale of Plot: 1:500 o Contains Royal Mail Data. © Royal Mailw Copyright & Database Right 2013 s Report Item No: 7

APPLICATION No: EPF/0289/19

SITE ADDRESS: Carpenters High Road Thornwood Epping Essex CM16 6LR

PARISH: North Weald Bassett

WARD: Epping Lindsey and Thornwood Common

APPLICANT: Mr Des Rees

DESCRIPTION OF Erection of a two storey dwelling house. (Revised application to PROPOSAL: EPF/1525/18).

RECOMMENDED Grant Permission (Subject to Legal Agreement) DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=620219

CONDITIONS

1 The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos:

Planning, Design and Access Statement, BRD/CA/02, Arboricultural Report and Impact Assessment dated 18/5/18 by JM Moore, BRD/17/058/001A, BRD/17/058/002, BRD/17/058/003A,

3 No construction works above ground level shall have taken place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

4 Prior to first occupation of the development, measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day.

5 Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed and utilised to clean vehicles immediately before leaving the site. Any mud or other material deposited on nearby roads as a result of the development shall be removed. 6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, (or any other order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Classes A, B and E of Part 1 of Schedule 2 to the Order, shall be undertaken without the prior written permission of the Local Planning Authority.

7 No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan, Arboricultural Method Statement and site monitoring schedule in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction - Recommendations) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved documents unless the Local Planning Authority gives its written consent to any variation.

8 If any tree, shrub or hedge shown to be retained in the submitted Arboricultural reports is removed, uprooted or destroyed, dies, or becomes severely damaged or diseased during development activities or within 3 years of the completion of the development, another tree, shrub or hedge of the same size and species shall be planted within 3 months at the same place, unless the Local Planning Authority gives its written consent to any variation. If within a period of five years from the date of planting any replacement tree, shrub or hedge is removed, uprooted or destroyed, or dies or becomes seriously damaged or defective another tree, shrub or hedge of the same species and size as that originally planted shall, within 3 months, be planted at the same place.

9 Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

10 A flood risk assessment and management and maintenance plan shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development. The assessment shall demonstrate that adjacent properties shall not be subject to increased flood risk and, dependant upon the capacity of the receiving drainage, shall include calculations of any increased storm run-off and the necessary on-site detention. The approved measures shall be carried out prior to the substantial completion of the development hereby approved and shall be adequately maintained in accordance with the approved management and maintenance plan.

11 No development shall take place until details of foul and surface water disposal have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details. 12 No development shall commence until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency's Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), shall have been submitted to and approved in writing by the local planning authority. If any contamination is found, a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the approved development shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures and timescale and a verification report shall be submitted to and approved in writing by the local planning authority. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

13 Following completion of the measures identified in the approved remediation scheme, and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented.

14 In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the Phase 2 report, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the local planning authority within 21 days of the report being completed and approved in writing by the local planning authority.

This application is before this Committee since the recommendation is for approval contrary to an objection from a Local Council and at least one non-councillor resident, on planning grounds material to the application (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council)).

And subject to the completion of:-

1) consultation with Natural England, and

2) a S106 legal agreement to be signed and completed to secure (a) an appropriate financial contribution for the management and monitoring of air quality, • An Electric charging point for electric vehicles • Resources relevant to the use of passenger transport and cycling/walking (e.g. Travel Plans, provision of travel packs and introductory tickets for use on public transport, cycle parking,) • The new house to have the ability to connect to high speed broadband. Description of Site: The application site is approximately 450 square metre rectangular piece of land. It was previously used as a car park to the Carpenter Arm which was to the east of the site. This pub/restaurant has now been redeveloped into 3 houses under permissions EPF/1616/16 and EPF/0602/18. The whole of the site is in Green Belt. The site is currently concreted open land which is bordered by mature trees. There are 4 protected trees on the site; these include three Horse Chestnuts and 1 Oak tree. The opposite side of Carpenters Arms Lane to the south contains a row of residential properties leading down to Teazle Mead to the west of the site. The site is within 6.2km of the Epping Forest Special Area of Conservation (SAC). Description of Proposal: Permission is sought for the erection of a two storey dwelling house. The property would measure 11.7m wide by a maximum of 9m deep and 8.05 high to the ridge of its pitched roof. It will provide 4 bedrooms. Materials include brick for the walls and tiles for the roof. Access is off Carpenters Arms Lane with two parking spaces are provided. 245 square metres of amenity space will be provided. Relevant History: Reference Description Decision EPF/2670/14 Demolition of Restaurant. Erection of 3 Refused town houses and 2 detached houses. Resubmission following withdrawn application EPF/1810/14. Grounds for refusal: (1) The proposed development, due to the number of dwellings and overall scale of works, would constitute overdevelopment of the site to the detriment of the character and appearance of the area, contrary to Government guidance in the form of the National Planning Policy Framework and policies CP1, CP2, CP3 and DBE1 of the adopted Local Plan and Alterations. (2) The two proposed detached dwellings are located within the Green Belt and would constitute inappropriate development within the Green Belt, harmful to the openness and character of this area. No very special circumstances exist to outweigh this harm and therefore the development fails to comply with Government guidance in the form of the National Planning Policy Framework and policies GB2A and GB7A of the adopted Local Plan and Alterations. Only the second reason was upheld on appeal under reference APP/J1535/W/15/3135158. EPF/1525/18 Erection of two storey dwelling house. Refuse Permission Grounds for refusal: The site is located within land designated as Metropolitan Green Belt where there is presumption against inappropriate development. The proposal would have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development. It therefore does not constitute limited infilling or the partial or complete redevelopment of a previously developed site. No very special circumstances or other considerations have been advanced that would outweigh the harm caused by the inappropriateness and the other harm identified, the development would therefore conflict with Chapter 13 of the National Planning Policy Framework and Policy GB2A of the Combined Policies of Epping Forest District Local Plan along with policy DM4 of the Submission Local Plan.

Policies Applied: Epping Forest Local Plan (1998) and Alterations (2006): CP1 – Achieving sustainable development objectives CP2 – Protecting the quality of the rural and built environment CP3 – New development CP4 - Energy Conservation CP5 - Sustainable building GB2A - Development in the Green belt RP4 – Contaminated land H3A – Housing density DBE1 – Design of new buildings DBE2 – Effect on neighbouring properties DBE4 – Design in the Green Belt DBE8 – Private amenity space DBE9 – Loss of amenity LL10 – Adequacy of provision for landscape retention LL11 – Landscaping schemes ST1 – Location of development ST4 – Road safety ST6 – Vehicle parking NC1 - SPAs, SACs and SSSIs NC3 - Replacement of Lost Habitat NC4 - Protection of established Habitat NC5 – promotion of Nature Conservation Schemes The National Planning Policy Framework The National Planning Policy Framework (NPPF) has been adopted as national policy since July 2019. Paragraph 213 states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight. Epping Forest District Local Plan (Submission Version) 2017: On 14 December 2017, full Council resolved that the Epping Forest Local Plan Submission Version 2017 be endorsed as a material consideration to be used in the determination of planning applications and be given appropriate weight in accordance with paragraph 48 of the NPPF. Paragraph 48 of the NPPF provides that decision-takers may give weight to relevant policies in emerging plans according to: • the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given); • the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and • the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given). In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below: SP1 - Presumption in Favour of Sustainable Development SP2 - Spatial Development Strategy 2011-2033 SP3 - Place Shaping SP6 - Green Belt and District Open Land T1 - Sustainable Transport Choices DM1 - Habitat Protection and Improving Biodiversity DM2 - Epping Forest SAC and the Lee Valley SPA DM3 - Landscape Character, Ancient Landscapes and Geodiversity DM4 - Green Belt DM9 - High Quality Design DM10 - Housing Design and Quality DM11 - Waste Recycling Facilities on New Development DM15 - Managing and Reducing Flood Risk DM16 - Sustainable Drainage Systems DM17 - Protecting and Enhancing Watercourses and Flood Defences DM18 - On Site Management of Waste Water and Water Supply DM19 - Sustainable Water Use DM20 - Low Carbon and Renewable Energy DM21 - Local Environmental Impacts, Pollution and Land Contamination DM22 - Air Quality Consultation Carried Out and Summary of Representations Received Number of neighbours consulted: 37 Responses received: NEW HOUSE CARPENTERS ARMS LANE, 1, NEW HOUSE CARPENTERS ARMS LANE, 2 NEW HOUSE CARPENTERS ARMS LANE, 3 CARPENTERS ARMS LANE, LA RUETTE CARPENTERS ARMS LANE: MOOLTON CARPENTERS ARMS LANE, , THE MEADOWS CARPENTERS ARMS LANE, HILL HOUSE 1 SMITHS COURT, HILLSIDE HIGH ROAD. 57 UPLANDS ROAD, 32 HAMPDEN CLOSE, REED MEET CARPENTERS ARMS LANE - OBJECT FOR THE FOLLOWING REASONS: • Inappropriate development within in the Green Belt; • Over-development of Carpenter's Arms Lane, Detrimental to residents of nearby dwellings; • Loss of privacy and overlooking; • Loss of open rural aspect; • Noise and light pollution; • Problems with Rights of Way, vehicle movements, indiscriminate parking; Emergency and Public Service vehicle access; • Will cause drainage problems; • increased parking congestion; • will cause harm to protected trees; • EFDC should resolve the issue of the perimeter wall to 3 carpenters. This wall encroaches on Carpenters arms lane and reduces the width of the lane substantially, presenting problems for traffic entering and exiting the lane; • Developer should be obliged to ensure the Lane is resurfaced to an acceptable standard at the completion of works; • The development should clearly not encroach onto the lane; and • Severe disruption during construction stage.

PARISH COUNCIL: OBJECTS to this application on the following grounds; Impact on the Openness of the site. Insufficient parking for visitors on the site, insufficient room for vehicles to turn. Incorrect information provided with the application in relation to the amount of land that is in the ownership of the applicant, whilst we understand that this is a civil matter it does not reflect on how the proposal would ‘sit’ on the land in question as some of the land is owned by adjacent neighbours who have not given permission for their land to be used as either amenity or building land. The plans that have been provided with the application were plans which were submitted with the initial applications for the first properties to be built on the site and do not accurately reflect the site as it is now. Also, within the Planning Statement it clearly states that permission has been given for one of the planning applications when this not the case and this application is still to be determined. There are number of trees on the site which are relative to the application site. Carpenters Arms Lane, is a road whose ownership is still to be determined, and which Highways clearly point out where it is necessary to determine access by their comment “reservations regarding part of access being prior to development.” Concerns regarding access for Emergency Vehicles along Carpenters Arms Lane also. Highway Safety concerns. The reference to previous application Ref EPF/2670/14 is totally irrelevant as the application was refused and dismissed at appeal. EPPING SOCIETY: OBJECT: This is not a brownfield site but a former car park which would have been permitted or tolerated only on the grounds it was not intrusive development in the Green Belt. The site is rather more cramped than is suggested by the ‘Existing Site Plan’ reference BRD/17/058/003. The site area in outlined in red is inaccurate. This does not reflect the boundaries that are shown in the black within the suggested site area. We understood that no ‘release of Metropolitan Green Belt is a planning policy until the adoption of the Local Plan. Moreover, that all requests to take Metropolitan Green Belt will be refused by EFDC prior to the Local Plan being approved. On the SVLP hearing on 14th February 2019 Ms. Blom Cooper for Epping Forest District Council said “I think its very important that this plan is adopted because without this plan being adopted there won’t be Green Belt release and I think people are forgetting that we are a 92% Green Belt authority and most of the site being promoted through the Local Plan are in the Green Belt. So without a plan in place we are going to see very limited growth coming forward. So I think it is very important that we go ahead with plan.” We do not see any changes since the refused application EPF/1525/18. Out objection 4 August 2018 still stands.

Main Issues and Considerations: Government Guidance states that new development within the Green Belt is inappropriate unless it falls within the list of exceptions set out in paragraphs 145 and 146 of the National Planning Policy Framework (NPPF). And provided it does not harm the openness of the Green Belt or conflict with the five purposes of including land within it than the existing development. Local Policy GB2A is broadly in compliance with the aims and objectives of national Green Belt Policy. The NPPF states that one of the exceptions to inappropriate development within the Green Belt is the limited infilling or partial or complete redevelopment of previously developed sites, whether redundant or in continuing use (excluding temporary buildings) which would not have a greater impact on the openness of the Green Belt and the purposes of including land within it than the existing development. The proposal has a gross internal area of 146 square metres and a height of 8m. The site is currently open land with no buildings on it. The redevelopment of the car park for housing would therefore intensify the built form of development within the Green Belt. This would cause additional harm to the open character of the site. The proposal is therefore by definition inappropriate development.

Very special circumstances Paragraph 87 of the NPPF requires that inappropriate development is by definition harmful to the Green Belt. It is for this reason that it would need to be demonstrated that there are very special circumstances which would clearly outweigh the harm to the Green Belt as a result of inappropriateness of the development and all other harms. As part of the overall process of preparing a new Local Plan, the Council made a thorough review of all its existing Green Belt Boundaries in the District. The details of this review are contained within The Background Paper on Green Belt and District Open Land for the Submission Version Local Plan (Initially for the Draft Plan Consultation) (EB1608). This Review identified a number of anomalies where development had taken place in the Green Belt, such that the land no longer fulfils the purposes of the Green Belt and as such recommended to be removed from this designation.

The application site falls within land falling within Alteration number 30. The Submission Version Local Plan 2017 Map 5.17 (page 162) has revised the Green Belt boundary to omit the rear gardens of 3 and 4 Smiths Court, land to the west of Hillside, Hillcrest and Hill View and the application site from Green Belt as it is predominately PDL land which visually forms part of Thornwood Village. It has been incorporated into allocated site THOR.R2, in which this wider site is allocated for 48 homes under policy P11 of the Submission Version Plan. This policy has significant weight as although there are unresolved objections, the Council's spatial strategy and site selection process is supported by its evidence base and is in line with national policy. The Council is working with statutory bodies to address the issues raised. This policy consideration is therefore given significant weight.

Trees The Trees team are satisfied that subject to further conditions, the details contained within the submitted arboricultural reports are sufficient to ensure that the proposal will not unduly harm the existing protected trees on the site. The proposal on this basis complies with the requirements of policy LL10 and LL11.

Design The proposed design and materials are in keeping with other residential dwellings in the locality. The proposal therefore preserves the distinctive local character of this area in accordance with chapter 7 of the NPPF and policies DBE 1 and 4 of the Local Plan.

Highways/access: Neighbours have raised concerns regarding the current poor parking and access situation within Carpenters Arms Lane. This is due to the width of the road being just over 5m and the lack of a pavement.

However since the previous use of the site was car park for the Carpenters Arms Pub, therefore the trips generated by the proposal will be less than that which previously occurred.

Furthermore the addition of one house will not materially increase the existing parking problems already on the site.

Paragraph 109 of the NPPF requires that planning applications should only be refused on highway grounds if there would be an unacceptable impact on highway safety, or the ‘residual cumulative impacts on the road network are severe’.

The drive is sufficiently wide for vehicle access (including large domestic vehicles). The Highways Authority has not raised any objections to the proposal as it complies with the Highways Authoritys Development Management Policies, adopted as County Council Suplementary Guidance in February 2011 and policies ST4 and ST6 of the Local Plan and T1 of the Submission Version. It therefore cannot be argued that the proposal will result in severe harm to highway safety and as such this reason for refusal would not be supported at appeal.

Quality of resulting residential accommodation The proposed house is of a good standard of design; provides a above standard internal floor space and room sizes, outlook, ventilation, and access and amenity space in accordance with paragraph 17 of the NPPF and supplementary guidance contained within the Essex Design Guide.

Impact on the living conditions of neighbouring dwellings. The front elevation of the property at La Ruetta will be 18m away from the development. However this was a similar distance to that of the 2 proposed houses under reference EPF/2670/14 and the neighbouring residential properties on the southern side of Carpenters Arms Lane. This issue was not raised as a reason for refusal and the Inspector concurred with this opinion. It is for this reason that it would be unreasonable to refuse the application on harm to the living conditions of neighbouring properties now.

All other properties sufficiently distant as to not be materially affected. The proposal therefore accords with the requirements of policy DBE9 of the Local Plan and DM9 of the Submission Version Plan.

S106 (Recreational pressure and Air Quality) The nature of the application is such that it would trigger a S106 planning obligation requirement in respect of impacts on the Epping Forest Special Area of Conservation (SAC). Since the proposal is within a settlement close to the Epping Forest Special Area of Conservation (SAC) and is likely to generate a significant amount of traffic, it is clear there will be an additional adverse impact on the special interest of the Forest and air quality in general. The Councils policies in this respect are set out below and its position with regard to protecting the SAC and the interim measures currently in place are further thereon.

Policy DM 22 requires: Larger proposals, or those that have potential to produce air pollution, to undertake an air quality assessment that identifies the potential impact of the development, together with, where appropriate, contributions towards air quality monitoring. Assessments shall identify mitigation that will address any deterioration in air quality as a result of the development, having taken into account other permitted developments, and these measures shall be incorporated into the development proposals. This will include an assessment of emissions (including from traffic generation) and calculation of the cost of the development to the environment. All assessments for air quality shall be undertaken by competent persons.

Unlike policy DM2 this policy applies to development of all types and all locations as they all have the potential to result in increased traffic generation which would put pressure on the roads through the Epping Forest.

The Epping Forest covers a large area of land within the District and much of the Forest is designated as a Special Area of Conservation (SAC). Biodiversity features within, or associated with, these designations enjoy the highest level of protection under UK and EU Law and UK planning policy. Epping Forest SAC is designated a ‘European Site’ and as the Conservation of Habitats and Species Regulations 2017 as amended (“the Habitats Regulations”) requires that the Council, as the competent authority, must before deciding to grant planning permission make an appropriate assessment of the implications of the development for the SAC in view of the SAC’s nature conservation objectives where it is likely that the development is likely to have a significant effect on the SAC (either alone or in combination with other development) and where the development is not directly connected with or necessary to the management of the SAC. This appropriate assessment is known as a Habitats Regulation Assessment (HRA). Under the Habitats Regulations, the Council may, if it considers that any adverse effects of the development on the integrity of the SAC would be avoided if the planning permission were subject to conditions or limitations, grant planning permission, subject to those conditions or limitations. The approach may vary depending on the scale and nature of the proposal.

Two specific issues in particular have been identified that could result in development have a likely significant effect on Epping Forest SAC. These are: 1. Increased visitors to the Forest arising from new development within 6.2km of the SAC. 2. Damage to the health of the flora, including trees and potentially the heathland habitats, from air pollution primarily generated by vehicles. This application (1 new dwelling house) would result in a net increase in vehicle movements and therefore a likely significant effect on air quality as it relates to the Epping Forest SAC cannot be screened out at this point in time. It is also likely to lead to increased visitor pressure on the SAC given its location within the 6.2km Zone of Influence.

The Council is currently awaiting the views of Natural England on the findings of an updated HRA (January 2019), which has been provided to support the Examination of the Council’s submitted Local Plan. This updated HRA has assessed the likely significant effect of development over the period of the Local Plan (including windfalls) in combination with other plans and projects. Until such time as Natural England confirms that it is satisfied with the findings of the updated HRA the Council cannot grant planning permission on any planning applications which would result in a net additional increase in vehicle movements within the District. Natural England has, however, advised that it is satisfied with the approach set out in the Council’s ‘Interim Approach to Managing Recreational Pressure on the Epping Forest Special Area of Conservation’ (adopted by the Council on 18 October 2018 as a material consideration in the determination of planning applications) with respect to mitigating the likely significant effects of residential development within the current Zone of Influence of 6.2km. The applicants have indicated that they are willing to enter into a legal agreement and/or accept to agree contributions that may emerge to address this issue. As such, and for the purposes of agreeing the principle and merits of the proposal as set out in this report, members are advised that any S106 legal agreement or planning condition is likely to require the provision of, or contribution to, measures including, for example: • Electric charging points for electric vehicles • Resources relevant to the use of passenger transport and cycling/walking (e.g. Travel Plans, provision of travel packs and introductory tickets for use on public transport, cycle parking,) • All new development to have the ability to connect to high speed broadband.

Land Drainage The site lies within an Epping Forest District flood risk assessment zone but is outside of an Environment Agency Flood Zone therefore the Land Drainage Officer requests that conditions be imposed requiring a flood risk assessment and approval of foul and surface water drainage details prior to works commencing on the site in accordance with policy U3B of the Local Plan.

Contaminated Land. The Contaminated Land Officer has reviewed this application and considers that “due to its use as stables, the presence of former light, there is the potential for contaminants to be present on site. In order to ensure that future occupiers are not put at risk from this contamination, she recommends that contamination mitigation conditions are attached to any permission in accordance with the NPPF and policy RP4 of the Local Plan.

Other matters The location plan has been corrected to reflect the site area shown on the existing and proposed site plans. Certificate A has also been signed to indicate that the applicant owns the whole site. Officers are therefore satisfied that the applicant has control over the land on which the application relates.

Conclusion: The site is currently designated as being within Green Belt and therefore the proposal is inappropriate development. The proposal will have a greater detrimental impact on the openness of the Green Belt especially when viewed from the east. However the Green Belt designation will not apply once policy P11 of the emerging Submission Version Local Plan has been adopted. The reasons for the site’s exclusion are logical and compliant with national policy. This policy therefore carries significant weight in the determination of this application and as such it is considered by Officers to clearly outweigh the Green Belt harm and all other harms resulting from the proposal subject to a pre-commencement condition requiring further details and method statements in relation to soft landscaping on the site along with other standard conditions. The proposal complies with relevant planning policy and it is recommended that planning permission be granted subject to conditions and subject to completion of a S106 Legal Agreement to secure appropriate financial contributions for the management and monitoring of visitors to the Epping Forest Special Area of Conservation and a contribution towards measures to mitigate air quality as set out in this report.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the day of the meeting at the latest: Planning Application Case Officer: Sukhi Dhadwar Direct Line Telephone Number: 01992 564597 or if no direct contact can be made please email: [email protected] 123 Epping Forest District Council The Coach House Agenda Item Number 8

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Unauthorised reproduction infringes Crown Copyright and may lead to Application Number: EP/0515/19 prosecution or civil proceedings. Site Name: 42 Castle Street Ongar Essex CM5 Contains Ordnance Survey Data. © 9JS Crown Copyright 2013 EFDC License No: 100018534 Scale of Plot: 1:1250

Contains Royal Mail Data. © Royal Mail Copyright & Database Right 2013 Report Item No: 8

APPLICATION No: EPF/0515/19

SITE ADDRESS: 42 Castle Street Ongar Essex CM5 9JS

PARISH: Ongar

WARD: Chipping Ongar, Greensted and Marden Ash

APPLICANT: Mr & Mrs Fenn

DESCRIPTION OF Formation of an all weather surface tennis court (for personal use) PROPOSAL: with associated fencing.

RECOMMENDED Grant Permission (With Conditions) DECISION:

Click on the link below to view related plans and documents for this case: http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=621000

CONDITIONS

1 The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2 The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 2707/TC01. TC02 and TC03

3 No preliminary ground works shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Planning Authority. 4 If any tree, shrub or hedge shown to be retained in the submitted Arboricultural reports is removed, uprooted or destroyed, dies, or becomes severely damaged or diseased during development activities or within 3 years of the completion of the development, another tree, shrub or hedge of the same size and species shall be planted within 3 months at the same place, unless the Local Planning Authority gives its written consent to any variation. If within a period of five years from the date of planting any replacement tree, shrub or hedge is removed, uprooted or destroyed, or dies or becomes seriously damaged or defective another tree, shrub or hedge of the same species and size as that originally planted shall, within 3 months, be planted at the same place.

5 The fencing to the tennis court hereby approved shall be finished in a dark green colour and permanently retained in that form.

This application is before this Committee since it is for a type of development that cannot be determined by Officers if more than five objections are received on grounds material to the planning merits of the proposal (Pursuant to The Constitution, Part 3: Scheme of Delegation to Officers from Full Council), and in light of the recent site history.

Description of Site:

The application site, also known as Spring Ponds, comprises around 0.75 hectares and lies on the south side of Castle Street. Work is progressing on construction of a replacement 5-bedroom dwelling on the site, expected to be completed late summer this year. A single vehicle access point is located in the north-west corner of the site. The extensive rear garden includes a swimming pool on the eastern boundary and extends to the rear of gardens at 36, 38 and 40 Castle Street wherein lies the football pitch considered by Members previously. There is extensive tree screening around the boundaries of the application site, including established conifer hedges to the north and western edges, and to a leased extent the southern edge.

The site lies in a predominantly residential area wherein lie a mix of built forms, the principle building being the listed White House to the north, largely screened from the street. Properties to the west fronting Castle Street are of more modest scale. Along the western and southern boundaries of the land the application relates to are allotments.

The application site lies wholly within the Green Belt, as does the adjoining house to the east and land and buildings to the north. The properties to the west are outside the Green Belt, but do lie within the Ongar Conservation Area, the boundaries of which follow the site’s western and north- western boundaries.

Description of Proposal:

The application proposes laying of a standard size tennis court with surrounds on the eastern boundary of the property, south of the existing swimming pool. The court is described as being an all-weather surface measuring 34m long and 17m wide. The court is enclosed by a 2m high weld mesh style fence.

A tree report accompanies the application, identifying a limited number of low quality trees and shrubs needing to be removed.

Relevant History:

EPF/0948/17 Demolish the existing detached dwelling and outbuildings on the site and to construct a replacement detached house with garage. The application was approved in June 2017.

Conditions relating to additional details have subsequently been approved.

EPF/1963/17 Formation of an all-weather surface sports pitch (for personal use) with associated fencing and lighting – refused.

Policies Applied:

Adopted Local Plan: CP2 Protecting the quality of the rural and built environment GB2A Development in the Green Belt GB7A Conspicuous development HC6 Character, appearance and setting of Conservation Areas HC12 Development affecting the setting of Listed Buildings DBE2 Effect on neighbouring properties DBE4 Design in the Green Belt DBE9 Loss of Amenity DBE10 Design of Residential Extensions

The above policies form part of the Councils 1998 Local Plan. Following the publication of the NPPF, policies from this plan (which was adopted pre-2004) are to be afforded due weight where they are consistent with the Framework. The above policies are broadly consistent with the NPPF and therefore are afforded full weight.

NPPF:

The Revised National Planning Policy Framework (NPPF) (July 2019) states at paragraph 213 that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. The above policies are broadly consistent with the NPPF and should therefore be given appropriate weight.

Epping Forest District Local Plan (Submission Version) 2017:

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

Paragraph 48 provides that decision-takers may give weight to relevant policies in emerging plans according to:  the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);  the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and  the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

In general terms it is considered that the Submission Version of the Plan is at an advanced stage of preparation and the policies are considered to be consistent with the NPPF. As regards unresolved objections, some policies within the Submission Version have more unresolved objections than others. All of these factors have been taken into consideration in arriving at the weight accorded to each of the relevant policies in the context of the proposed development listed below:

SP6 Green Belt and District Open Land SP7 Natural Environment, landscape character and green infrastructure DM1 Habitat Protection and Improving Biodiversity DM4 Green Belt DM5 Green and Blue Infrastructure DM7 Heritage assets DM9 High quality design

Consultation Carried Out and Summary of Representations Received

Date of site visit: 28 March 2019 Number of neighbours consulted: Five Site notice posted: No, not required Responses received: Five responses have been received including objections from residents at 20, 22 and 30 CASTLE STREET and representations received from the ONGAR NEIGHBOURHOOD PLAN COMMUNITY GROUP and the ONGAR ACTION GROUP. The latter is accompanied by a new petition with 28 signatures from residents of Crossbow Court, Livingstone Close, Longfields, Stanley Place and Turret Court. This is accompanied by two copies of petitions objecting to the previous application for the football pitch submitted previously and dealt with as part of that application. Accordingly, these should be disregarded for the purposes of determining the current application.

Objections cover a number of issues, as under:

- Cumulative impact when considered in conjunction with the football pitch - Applicants intentions for the property in terms of introducing wider leisure use beyond use ancillary to the dwelling. - Visual impact of the proposed fencing - Noise and disturbance specific to the tennis court. - Traffic and parking generated. - Impact on Conservation Area and local heritage assets. - Potential for the introduction of floodlighting in the future.

Parish Council: No comments received

Main Issues and Considerations:

Members must ensure that they determine the current application on its own merits and on the basis of the information forming part of the application. That is, for a facility within a domestic garden for use for purposes ancillary to the dwelling. Were the character of the use to change, and there is nothing other than speculation suggesting otherwise, then such a change could be subject to enforcement action.

Members should also have regard to the provisions of the GPDO as it applies to works within the curtilage of a dwelling house. Under Schedule 2, Part 1, Class F, the following constitutes permitted development:

‘Development consisting of—

(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or (b) the replacement in whole or in part of such a surface.’

Further, Under Schedule 2, Part 2, Class A the erection of a wall, fence or other means of enclosure which does not abut a highway is permitted up to 2metres in height above ground level.

Some permitted development rights were removed under the application for the new dwelling but this did not include either of the provisions above.

It is apparent therefore that the fence did not need to be included in the application and it would be unreasonable to consider this further. In terms of what constitutes a hard surface, officers have taken the view that the laying of an all-weather sports pitch of the character of the current proposal and the football pitch involves extensively more work than simply laying a hard surface and therefore requires planning permission as an engineering operation. This view has yet to be tested at appeal however, but were a hard surface that did not require the extensive sub structure proposed, then it would be likely be permitted under Class F above. Members will no doubt be aware of examples of hard surface tennis courts within large residential curtilages constructed by virtue of this provision. Members should therefore have regard to the applicant’s fall-back position in this regard. The site lies within the Green Belt and the NPPF specifically regards the provision of appropriate facilities for outdoor sport as being broadly acceptable. The NPPF does not distinguish between private and public facilities in this regard, but it would seem that the test would be the extent of the works – what may be ‘appropriate’ in terms of scale and form would vary according to the nature of the intended use. In this case, the court is of the prescribed size for such a facility and the surrounding run off areas are not excessive in this context. It would also seem reasonable that such a facility be fenced and the fences, being permitted development, are not disproportionate or intrusive. Accordingly, the proposal meets national and local policy on protecting Green Belt.

In amenity terms, the ground works are not readily visible from surrounding land and the visible elements of the fencing not intrusive. The use of the facility in terms of noise and general disturbance will be minimal in your officer’s view and is in any event an appropriate use within a residential curtilage.

Objectors have raised issues around the cumulative impact in conjunction with the football pitch. While this may be material in a broad sense, the application must still be considered on its own merits, and in the light of the refusal of the previous application. In terms of the site coverage, the artificial surfaces represent only around 20% of the garden area, leaving over 5,000 sq.m. in a natural form. While Members gave weight to the intensity of use of the football pitch in terms of noise and general disturbance, the same cannot be said for the current application. The absence of lighting further restricts the use of the space. Of itself, and in conjunction with the other facility, the proposal cannot be seen as intrusive in its level and character of activity.

Conclusion:

The development as proposed satisfies the requirements of Green Belt policy being of an appropriate scale within the context of an ancillary facility to the residential use. The tennis court is provided with limited run off areas around the playing surface and the low level fencing of itself could be installed without planning permission. This will in any event be finished in a neutral colour which would not be harmful visually to immediate neighbours or the wider area.

Some attempt has been made in the submissions by certain objectors to directly link this to the earlier refused application and while members may have regard to that, the scheme must essentially be considered on its merits. Members have refused the previous scheme and enforcement action is currently being taken.

On its individual merits, the current proposals are considered acceptable as an appropriate facility to provide in a large domestic curtilage.

Essex County Council Archaeological Advisor has recommended a condition requiring access for archaeological recording. Although no such condition was requested in relation to the dwelling (as this was largely within the existing built area) or the football pitch (which was retrospective), this area of land has not previously been excavated and the opportunity for further assessment in the vicinity of the ancient monument should be taken.

Should you wish to discuss the contents of this report item please use the following contact details by 2pm on the Monday preceding the meeting at the latest:

Planning Application Case Officer: Ian Ansell Direct Line Telephone Number: 01992 564481 or if no direct contact can be made please email: [email protected]