Epping Forest District Council - Meetings, agenda, and minutes

Epping Forest District Council NOTICE OF MEETING

Committee: Development Date: Tuesday 11 January 2000

Place: Civic Offices, Time : 7.30 p.m. High Street, Epping

Room : Council Chamber Committee Secretary : Mrs I Wright (Ext 4245)

Members : Councillors R Heath (Chairman), L Martin (Vice-Chairman), S Barnes, Mrs M Boatman, P Bostock, Mrs J Davis, J Gilliham, Mrs A Haigh, M Heavens, D Kelly, Mrs M McEwen, R Morgan, Mrs D Paddon, J Padfield, P Pennell, J Pledge, H Taylor, M Wardle, M Welch, M Woollard, K Wright

Background papers for an item or report are those documents relating to the subject matter of the report which disclose any facts or matters on which (in the proper officer's decision) the report or an important part of the report is based and have in his opinion been relied upon to a material extent in preparing the report . These are listed at the conclusion of each relevant agenda item and do not include any published work.

Inspection of background papers may be arranged by contacting the officer responsible for the item .

THE CHAIRMAN, VICE-CHAIRMAN AND COMMITTEE GROUP REPRESENTATIVES ARE REMINDED THAT A BRIEFING FOR THIS MEETING WILL BE HELD IN COMMITTEE ROOM 1 AT 6.30 P.M. ON THE DAY OF THE COMMITTEE

BUSINESS

Part A - Planning Applications and Major Items for Debate

5 . Epping Forest Country Club, Abridge Road, Chigwell - Planning Applications EPF/1166/99 and LB/EPF/1167/99 (See also Appendix 1)

6 . Proposed Debden Park High School, Willingale Road, Loughton - Planning Application RES/EPF/1542/99 (See also Appendices 2 and 3)

7 . Site Required for Access to Proposed Debden Park High School, Willingale Road, Loughton - Certificate of Alternative Development (See also Appendix 4)

8 . Public Consultation on Draft Planning Policy Guidance Note 13 : Transport (See also Appendix 5)

9. Progress with Development Brief for Langston Road, Loughton

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7 Civic Offices, Nigh Street, Epping, Essex. CM76 4BZ

Development Committee 11 January 2000

10 . Application of Policy STC 10 of the Local Plan to Shopping Parades in Church Hill and Lower Road, Loughton (See also Appendix 6)

11 . DETR Consultation - High Hedges

12 . Replacement Essex Structure Plan 2011 - Examination in Public - The Report of the Panel

Part B - Routine Items for Debate

13 . Development Committee Estimates 2000/O1 (See also Appendix 7)

14 . The Old School, Coppice Row, Theydon Bois - Building Preservation Notice

15 . Waltham Park Progress and Phasing

16 . Appointment of Specialist Consultants for Retail Developments

17. Environmental Impact Assessments

18 . Enforcement Progress Report

19 . Representation on Outside Organisations - Joint County and District Councils Strategic Liaison Panel

20. Area Plans Sub-Committees - Progress Report

21 . Extraordinary Committee Meeting

22 . Major Projects/Proposals - Progress (See also Appendix 8)

23 . Progress Reports

24. Representation on Outside Organisations

Part C - Information Items

25 . Information Items

26. Any Other Business

27. Exclusion of Public and Press

Part D - Consideration in Private Session

Nil


PART A - MINUTES, APOLOGIES, PUBLIC QUESTIONS, PLANNING APPLICATIONS AND MAJOR POLICY ITEMS

, FOR DEBATE

1. MINUTES

To confirm the minutes of the meeting held on 26 October 1999 (previously circulated).

2. APOLOGIES FOR ABSENCE

3. DECLARATIONS OF INTEREST

3 .1 (Chief Executive) To declare interests in any item on the agenda.

4. PUBLIC QUESTIONS

4.1 (Chief Executive) To answer any questions in accordance with Standing Order A51 from members of the public of which notice has been given.

4.2 Standing Order A51 requires that maximum of 15 minutes shall be allowed under this item, except if the Chairman exercises his or her discretion to extend the time if a large number of questions need to be dealt with .

A1~r~

"Development Committee 11 January 2000

MAJOR ITEMS FOR DEBATE

5. EPPING FOREST COUNTRY CLUB, ABRIDGE ROAD, CHIGWELL -PLANNING APPLICATIONS EPF/1166/99 AND LB/EPF/1167/99

Recommendation:

(1) That the recommendation of Area Plans Sub-Committee A to grant planning permission and give listed building consent, subject to a Section 106 Agreement and appropriate conditions, for the erection of a single storey extension to accommodate a new gymnasium and aerobic studio, cover to existing swimming pool and creche be considered ;

(2) That, if members are minded to approve the applications, consent be made subject to the applicants being required to enter into a Section 106 Agreement in respect of use of the swimming pool by non-members of the club and conditions as set out in section 15 of this report.

5 .1 (Head of Planning Services) These applications were referred by Plans Sub-Committee A to this Committee with a recommendation that they be approved . Such decisions would be contrary to policy therefore the applications fall to this Committee for determination . "

5.2 The applications were reported each with a recommendation that permission be refused. Copies of the earlier reports are attached as Appendix 1 .

Background

5 .3 On 27 February 1996 a report was presented to Development Committee concerning these premises . This concerned approaches which had been made to the Council by Epping Forest Country Club with a view to upgrading their facilities by the erection of a larger indoor complex. Before the owners committed themselves to the expense of the submission of a planning application, they requested an indication of the Council's likely attitude to their proposed development which comprised a building of approximately 2200m2 (providing an indoor swimming pool, a fitness room and gymnasium, a dual purpose hall for sports and private functions, such as, wedding receptions, changing facilities, health suite, dining area with kitchen and a creche) . The new building would have entailed the removal of a small range of outbuildings used as changing rooms and envisaged a single storey building with a roof height of some 6 metres and the pool enclosed within a glazed structure, the highest point of which was some 8.4 metres .

5 .4 Members opposed the development on Green Belt grounds and on the impact upon Woolston Hall itself. Epping Forest Country Club were advised that before submitting an application these criticisms should be addressed and should involve a radical review of the siting and design of the proposed development; if not its extent .

Development Committee I1 January 2000

5.5 In August 1997 planning permission was granted for the demolition of the existing poolside buildings and replacement with a range of single storey outbuildings to be used as a function suite; bars ; toilets ; kitchens; changing rooms and a boiler and pool plant room. This new building which has a floor area in the region of 490 square metres, has been built and would adjoin the development which forms the subject of the current application.

5 .6 In January 1999 Development Committee considered further planning and listed building applications which proposed a new building which would have been a further extension to that which had been completed. The accommodation to be provided would comprise gymnasium, aerobics studio, sauna, steam-room and sun-bed rooms, snack bar and refreshment area with seating for 45 people, a new reception area and a glazed cover to the existing outdoor swimming pool . The building would have had a total floor area in excess of 1000 square metres and in part exceeded 7 metres high . The applications were refused planning permission on Green Belt grounds and because of the significant adverse effect on the character of the Grade II Listed Building . '

Proposal :

5 .7 The current proposal is very similar to that which was refused in January 1999 with the exception that it now includes provision for a cr6che . The applicants have, however, also made a commitment, clarified since the Area Plans Sub-Committee meeting, to make the swimming pool available for non-members of Epping Forest Country Club for four days a week until Loughton Pool is completed and two days a week thereafter .

Issues

5.8 The entire site is within the Metropolitan Green Belt where there are, of course, stringent restrictions on the amount of new building which is permitted . Green Belt policies both national and local, regard facilities for outdoor participatory sport and recreation and associated small scale buildings as appropriate development within the Green Belt . However, indoor sports facilities and other large buildings intended primarily for leisure use are not appropriate in the Green Belt and should be provided within the built up areas. In the case of the application site the only new development which has been allowed has been for the replacement of existing buildings, which are not intrusive in the open countryside.

5.9 Policy GB3 of the Local Plan states "within the Green Belt the Council will not grant planning permission for indoor sports facilities and other large buildings intended primarily for leisure use" . In the sub-text it also states :- "In the event that the Council considers that there are very special circumstances which would outweigh the harm to the Green Belt, any proposal must also comply with other relevant Plan policies".

5.10 There are no readily identifiable "very special circumstances" which apply to this particular proposal and certainly the advice given in 1996 that a radical review of the siting, design or the extent of the new building has not been heeded.

` Development Committee 11 January 2000

5 .11 Consideration should also be given to the effect that the proposals would have on the character and on the setting of the adjoining listed building - Woolston Hall . This is a Grade 11 Listed Building which is of late 16 Century origins which was substantially altered in 18 Century, and more recently with many internal changes.

5 .12 The extension, which is proposed, would create an uncharacteristic linear form of building which would not enhance the appearance of the original house. Indeed the extensive areas of unrelieved roof slope of the swimming pool building would in fact obscure from view the variety of roof slopes and pitches which were negotiated by the listed building advisors when consulted on the 1997 proposals for the replacement poolside buildings.

5.13 The County Council's Listed Building Advisor is critical of the proposals and has stated :-

"I am very concerned about the proposals for the following reasons : -

This Grade II Listed house has been considerably extended in the past and the additional size of this proposal will overwhelm the original building .

Although the application form states that materials will match adjacent buildings, the scale, design and materials of the proposed extension are unsympathetic to the historic house.

On the basis of the first of these reasons, as well as Green Belt issues, I would recommend that the applications are refused in principle" .

5 .14 The Plans Sub-Committee considered that since the Country Club was already established in the Green Belt, further development could be tolerated and additionally the Council and community would benefit from the availability of the enhanced facilities . Members considered that Local Plan Policy GB9 relating to extensions to non-residential buildings in the Green Belt could be applied in this particular instance . However, it should be pointed out that because of the size of the proposed extension, the development will have a significantly adverse impact upon the open character of the Green Belt and it will not be in-keeping with its surroundings . Consequently the proposal must be viewed as contrary to policy .

Conclusion :

5 .15 Should Members be minded to grant planning permission and listed building consent, it is recommended that the applicants be required to enter into a Section 106 Agreement prior to the decisions being issued . The Agreement shall require that the swimming pool be made available for swimming classes for non-members of Epping Forest Country Club for four days a week until Loughton Pool is completed and for two days a week thereafter . Consideration should also be given to the imposition of the following conditions :-


EPF/1166/99:

Development to be commenced within 5 years .

2 . Materials of construction to be agreed .

3 . Submission of landscaping scheme.

4 . Notification of the start of work shall be given to Essex County Council Archaeology Section (Archaeological Advisory Group. Mr S Gould, 01245 437638) with as much advance warning as possible (but at least 48 hours) so that any ground disturbance may be inspected for archaeological remains and records made .

5 . The south and west comers of the swimming pool building shall have intersecting gables facing southeast, southwest and northwest . .

6. The down-turned clubfoot detail to the bargeboards on the gables to the gymnasium shall be omitted and the bargeboard should instead be a straight line to the eaves fascia .

LB/EPF/1167/99

1 . Development to be commenced within 5 years.

2. Materials of construction to be agreed .

3 . The South and west corners of the swimming pool building shall have intersecting gables facing southeast, southwest and northwest .

4. The down-turned clubfoot detail to the bargeboard should instead be a straight line to the eaves fascia.

5 .16 However, it remains the recommendation of the Head of Planning Services that these applications should be refused for the reasons set out in the Plans Sub-Committee agenda.

6. PROPOSED DEBDEN PARK HIGH SCHOOL, WILLINGALE ROAD, LOUGHTON - PLANNING APPLICATION RES/EPF/1542/99

Recommendation :

That detailed planning permission be granted for the erection of a new secondary school, caretaker's house, community resource centre, day nursery and formation of access, parking and drop off areas together with laying out of playing fields and an all weather pitch subject to the following conditions.


(1) Submission of tree protection statement;

(2) Submission of landscape management plan ;

(3) The following information should be submitted to, and approved by, the Local Planning Authority prior to the installation of the floodlighting to the all weather pitch :

(i) the proposed lighting levels for the activity, including reference to relevant British Standards or other authoritative lighting recommendation as appropriate ;

(ii) the environmental factors which have been taken into account and any specific features of the design which have been incorporated to overcome potential problems;

(iii) plans illustrating the geometric relationship between the locations of the luminaries and critical locations considered in the design ;

(iv) calculated values of the relevant lighting parameters and other information needed to support the basis of the design;

(v) luminous intensity distribution data for the luminaries used and aiming angles adopted in the design ;

(vi) information relating to the operation of the lighting (i.e. frequency of use, times of operation and seasonal variation) ;

Furthermore, prior to final securing of the lights, their precise directions and inclinations shall be demonstrated to the Local Planning Authority and they shall be finally fixed in position as agreed on site ;

(4) The design of all roundabouts within this scheme shall conform to ECC 16/98 "The Geometric Design of Roundabouts" ;

(5) All off-site highway works, including the access, shall be completed to the appropriate Essex County Council and Department of the Environment, Transportation and the Regions standards prior to the school being utilised ;

(6) Detailed information as to the location and nature of the proposed cycle facilities required in association with the Toucan crossing on Rectory Lane shall be submitted to, and approved by, the local planning authority, prior to the installation of the crossing ;


(7) Any guard-rails provided shall be of a type and material to ensure that the intervisibility between pedestrians and other road users is achieved ;

(8) A comprehensive safety audit of the proposed internal layout of the site shall be undertaken by an independent body and the recommendations incorporated into the design prior to the school being utilised ;

(9) A traffic impact assessment of the heavy goods vehicles, in the Debden Estate, serving the site during construction shall be undertaken by the developer and submitted to the Local Planning Authority, for approval, prior to construction commencing;

(10) No heavy goods vehicles shall enter or leave the site, during construction, except between the hours of 8:OOam and 6:OOpm on weekdays and 8:OOam and I :OOpm on Saturdays and not at all on Sundays and Bank Holidays;

(11) Access to the site to the east of Theydon Brook shall be achieved using only the existing farm access track to the immediate south of the- -Kingdom Hall, Willingale Road.

(12) The scrub vegetation lining the track referred to in Condition 11 shall be cut down close to the base prior to its use by construction vehicles.

(13) A survey for slow worms be conducted, by a competent person(s), of the strip of land between Willingale Road and Pyrles Brook in March 2000 when that person considers that the weather conditions are such that any slow worms on-site will be emerging from their hibernation.

(14) The person(s) conducting the survey for slow worms will translocate any found to that part of the allotments not affected by the development complying with the Method Statement supplied to Jarvis Construction (UK) Limited by Green Environmental Consultants in December 1999.

Details of Proposal

6.1 (Head of Planning Services) Details of proposed Debden Park High school for which outline planning permission was granted in April 1999. Access to the site is to be gained via a road crossing the northern-most part of the Willingale Road allotments which is now disused.

,Development Committee 11 January 2000

Description of Site

6.2 The site (see plan at Appendix 2) is currently a field which slopes downwards to the west, east and south from a high point at approximately the middle of its northern boundary . The site has intermittent trees along its western and southern boundaries which form a good visual barrier to the west . It is bounded by Theydon Bois Brook on the west and Pyrles Brook on the south. The site is particularly prominent when viewed from the hill comprising Rookwood Avenue and The Broadway to the south. The bottom of the Central Line embankment forms the eastern boundary of the site . To the west lie the Willingale Road allotments . Beyond these, to the west and south, are the suburban residential properties (comprising mainly of semi-detached and terraced property) that will form part of the catchment area.

Relevant History

6.3 Outline planning permission was granted by this Committee in September 1998 (ref EPF/495/98) subject to conditions relating, amongst other things, to the submission of a tree survey, landscaping scheme, traffic management plan, car/cycle parking, pick up/drop off points and the implementation of a programme of archaeological works and proposals for the implementation of the "Safer Routes to School" initiative . Although the site is in the Green Belt, permission was granted on the basis that there is a pressing need for a new secondary school to serve the southern part of the District by 2001 and that, following an exhaustive process of site identification and assessment, the site emerged as the preferred option .

Permission was granted subject to a Section 106 Legal Agreement which sought to ensure that the land in the ownership of Essex County Council to the north of the proposed school site should remain undeveloped (i .e . agricultural and playing fields).

Relevant Local Plan Policies

G B7 Excessive adverse impact upon the amenities of the Green Belt .

NC4 Protect and enhance established habitats of local significance for wildlife (particularly where there are known to be protected species) .

RP5 Resist development which would cause excessive noise, vibration or air/ground/light pollution .

CF9 Public buildings should provide appropriate access, both to and within, for people with mobility difficulties .

CFIO Seek new works of visual art and craft as an integral part of schemes.

U 1 Have regard to adequacy of existing infrastructure .


U3 Resist development which would increase risk of flooding unless satisfied of adequate and appropriate attenuation measures.

DBE1 Overall design of new buildings.

DBE2 Resist if detrimental effect upon amenity or function of neighbouring buildings .

DBE4 Design of new buildings in the Green Belt .

LL2 Respect and/or enhance character/appearance of landscape in the countryside.

LL3 Development to be sensitive to edge of settlement location .

LL5 Protection of urban open space.

LL6 Requirements if part of urban open space developed.

LLI O Ensure adequate provision given to retention trees.

LL11 Ensure proposed landscaping is adequate, appropriate and effective.

Tl Promote enhancements to public transport facilities .

T3 Ensure adequate, appropriate, safe, convenient crossing facilities .

T4 Provide/enhance cycle network.

T13 Provide appropriate traffic management measures.

T6 Adequate and appropriate on-site parking facilities .

T16 Minimise on-street parking in residential streets by non-residents .

T17 Resist development having excessive adverse traffic implications .

I1 Seek legal agreement to ensure adequate and appropriate "planning gains" .

13 Ensure new, replacement facilities are operational prior to closure of existing ones.

Issues and Considerations

6.4 The principle of the development of this site, albeit in the Green Belt, has already been established by the grant of outline planning permission . This, together with the reasons why there is no suitable alternative site available outside the Green Belt, is therefore not an issue at this stage. The issues which it is appropriate to consider at this stage relate only to the details of the scheme so as to ensure the optimum form of

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development with the minimum adverse effect upon residential amenity and the landscape . They are:

1 . Design 2. Cut and fill 3. Landscaping 4. Floodlighting 5. Access 6. Traffic Management/Calming 7. Routing of construction traffic 8. Car parking 9. Nature Conservation 10 . Security 11 . Drainage 12 . Sports pitches 13 . Community Benefits 14 . Residents' Comments

Each of these is dealt with individually in the sections which follow .

Design

6.5 Whilst the site is located within the Green Belt, the proximity of the residential estate to the west and south is such that the school building will, in many respects, be an extension of the existing built-up area rather than a free-standing building in the Green Belt . However, the adjacent residential area does not display or possess any inherent architectural or design elements which need to be reflected in the new school building . It is therefore important only to ensure that the new buildings respect their setting in terms of both overall design and building materials .

6 .6 It is considered that the design achieves this successfully . It is therefore concluded that the design is in accordance with the relevant local plan policies and is hence acceptable . It is necessary to ensure that the exact nature of the building materials will complement and enhance the overall appearance of the buildings . This has already been dealt with at the stage of the outline planning permission when an appropriate condition was imposed .

Cut and Fill

6.7 The design of the school is based on creating a series of plateaux on which are located the various components of the school, i .e . the school buildings, the all-weather pitch, the tennis courts, the playing fields and a cricket pitch/amenity space. These components are situated at the appropriate location and level in order to meet the planning requirements, to ensure the school functions well, but also taking account of the relative volumes of cut and fill generated during the construction of the project.

6 .8 The site investigation previously undertaken indicates that the site is overlain by 300mm topsoil with stiff clay below. A balanced cut and fill analysis of the

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underlying material has been undertaken using a compute programme. The analysis calculates the volumes of cut and fill respectively with due allowance for the proposed finishes to the various areas. After an allowance for "bulking", the proposed site levels have been developed to ensure all sub-strata material is re-used. Topsoil is a valuable environmental resource and will be stripped and stored on site for re-use after the groundwork is complete . Any excess material will be recovered for appropriate use elsewhere on site .

6.9 As the design and construction proceeds the cut and fill will be monitored to ensure a balance is maintained and, if necessary, the levels locally adjusted .

Landscaping

6.10 The submitted scheme shows the proposed landscaping is to be in accordance with the brief (i .e . extensive nature planting in "green areas", a good level of shrub and tree planting with hard landscaping around the buildings and entrance). Whilst the internal protective fencing is clearly negative in landscape terms it can largely be integrated into the landscape design or other structures .

6 .11 The changes of level are inevitable and, though problematic, can be integrated through an appropriate landscaping scheme.

6.12 Conditions requiring a full tree survey and a landscaping scheme have already been imposed at the outline stage . The information and samples available give an adequate measure of security as to what the quality of the scheme will be. It is recommended that further conditions should be imposed to ensure that the final, amended scheme is of the requisite quality.

Floodlighting

6.13 The floodlighting to the all-weather pitch will be mounted on 8 x 15 metre high columns in two rows of 4, either side of the pitch, parallel to Rookwood Avenue. The applicants' agents state that 15 metre columns have been found to be the most effective height . Lower columns would not provide the correct angles to enable good uniformity across the playing surface and would cause disability glare to players and spectators . The type of floodlighting proposed has high technical performance. The floodlights would be critically aimed to provide maximum performance, uniformity across the whole of the pitch and minimal spillage of light beyond the playing surface. An internally mounted low glare baffle will ensure that both upward light and spillage are minimal. This baffle is located slightly above the lamp and, once the floodlights are precisely angled, will shield the glare and stray light beyond the opposing edge of the pitch.

6.14 However, further details of the floodlighting are required by condition .


Access

6.15 Access is to be provided by a double mini-roundabout which was identified, at outline stage, as the preferred option although the following potential problems, as identified in the safety audit, will need to be resolved :

(1) ensuring that the signs are clearly visible to all approaching road users; and

(2) the "give way" markings need repositioning in line with the County's own standard.

6.16 These issues can, however, be satisfactorily dealt with at the subsequent safety audit of the detailed design stage of the highway works which will also address the precise configuration of the roundabouts .

Traffic Management/Calming

6.17 Traffic calming measures including road humps, road narrow, gateways and mini roundabouts on Willingale Road are proposed as part of the scheme. There will also be a toucan crossing with associated cycle facilities on Rectory Lane, near Westall Road. It is not considered that there is a need for any additional traffic calming devices in the vicinity apart from those which will subsequently be provided in the context of the "Safer Journeys for Schools" .

6.18 The proposed calming measures are considered to be adequate subject to a number of detailed variations resulting from site constraints (which include driveways, other highway features and statutory undertakers) . Prior to the implementation of the scheme, statutory consultation will need to be undertaken by the developer with assistance from the District and County Councils .

6.19 Further detailed information is required in relation to the provision of cycle facilities in associated with the proposed toucan crossing at Rectory Lane. The safety audit has identified the need for speed reducing measures on the approaches to the Toucan on Rectory Lane. This should be addressed as part of the detailed design .

6.20 A safety audit of the internal layout of the site, including cycle facilities, pedestrian facilities, access for the disabled and pick-up and drop-off points for buses and cars has not yet been undertaken . This will need to be addressed independently (as was the case with the off-site safety audit) .

6.21 Following the occupation of the site surveys are to be undertaken to determine the need and extent of measures to improve the safe routing of pupils to the school . This was adequately dealt with in condition 14 accompanying the outline planning permission . That condition requires the submission of proposals for the provision of "Safer Routes to Schools" within twelve months of the occupation of the school and, following their approval, their full implementation within the next twelve months.

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Routing of Construction Traffic

6.22 The vehicles that will visit the site during the construction period will range up to 38 ton/6 axle articulated HGVs. In order to minimise the adverse effects upon the amenity of local residents, it is appropriate to control the route of access to, and egress from, the site of the school by heavy goods vehicles . It is considered that the optimum means of assessing the possible route options is to undertake a traffic impact assessment . This is because the number of the vehicles that will be involved is not yet known. Consequently, their impact upon the sensitive residential highway network cannot yet be determined.

6.23 A planning condition limiting the day and time of both arrival at and departure from the site by heavy goods vehicles is being recommended.

Car Parking

6.24 The Essex County Council formula for parking standards which is incorporated in the local plan indicates : ;a-

"Space shall be allocated in the layout to provide one car space for each full-time member of teaching staff or equivalent and, in addition, one casual parking space shall be allocated on the layout for each class subject to a maximum of 20 spaces" .

6.25 In translating this to Debden Park County High School, the pupil figures for ten schools operating with between 900 and 1000 pupils indicate that on average 56.4 teachers are employed. To comply with the standard provision should be made for 57 staff parking spaces plus 20 casual spaces, i.e . 77 spaces in total . The ECC standard also specifies that :

"A suitable part of the hard play area shall be allocated and suitably constructed so that it can be used by cars on school open days or when the school is used for further education or community purposes during the evenings or at the weekend" . This is complied with in that a reliable entrance is to be provided to the Active Key Area which will be able to be used as an over-spill car park at major functions at the school .

6.26 The scheme actually incorporates 78 parking spaces for the school (12 of which are for the disabled) and hence complies with the County's standard .

6.27 A bus layby and drop off point for three school buss is provided and is considered to be adequate .

6.28 With regard to the proposed community centre, the car parking standards for places of assembly is 1 space per 3 staff and I per 4sqm of public floorspace . That for day nurseries is 1 space per number of teaching staff and appropriate waiting and turning areas. Given the lack of information as to numbers of staff, it has not been possible to determine an absolute number of spaces to be provided . Consequently, the available

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space has been utilised to accommodate 26 car parking spaces, which is considered to be at least adequate .

Nature Conservation

6.29 A letter from a resident drew attention to the possibility of there being slow worms (i.e . legless lizards Anguis fragilis) on the allotments site, the northern part of which is required for the access road. Slow worms are protected under the Wildlife and Countryside Act 1981 (as amended) from being killed or injured . Protected species are a "material consideration" and the applicants need to satisfy the Council's requirements for the conservation of protected species, as required by PPG9.

6 .30 English Nature were alerted and advised that the suspected presence of Slow worms should be brought to the attention of the developer . This is with a view to the developer arranging for their presence being verified . This usually involves a survey by a competent ecologist who would establish the presence and status of the population, provide a statement of the likely impact of the development on the conservation of the species (for consideration by the local planning authority) and produce mitigation recommendations accordingly in order to prevent a breach of the Act.

6.31 From the site assessment it was found that the allotment site appears to be suitable for Slow worms and their presence cannot be ruled out. To the north (i.e . in the vicinity of the proposed access) the land becomes more overgrown, shaded and scrubby. This area is possibly less suitable for Slow worms but, if they are present in the larger area (i.e . the cultivated allotments), their presence within the strip of the proposed access road cannot be ruled out.

6.32 The consultants suggested that the following working practices could permit construction work to commence in January and thus avoid holding up development :-

Achieve access to the main site using the existing farm access which has a concrete or similar hard base;

Cut down the scrub lining the track close to its base which will effectively make the track usable by machinery which is wider than the wheels or tracks upon which it runs ;

Conduct a survey for Slow worms in March 2000, as soon as the weather conditions begin to warm up; and

Move (translocate) any Slow worms which are found onto a more suitable area (which would appear to be that part of the allotments which is to remain). A Method Statement for this translocation was also supplied .

It is considered that these measures are adequate and appropriate in order to protect any Slow worms on the site from hann and hence comply with the Wildlife and Countryside Act 1981 (as amended) . Animal Welfare Legislation and PPG.

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Development Committee I I January 2000

Security

6.33 In order to avoid visually obtrusive security fencing around the full perimeter of the site, an inner and outer security cordon principle has been adopted. An inner security fence encircles more vulnerable areas such as the school buildings, all weather pitch, tennis courts,.hard play and car park. This also extends along the western edge of the cricket oval, providing additional protection to the school and car park from `stray balls' . The location of the fence will be chosen to minimise its visual intrusion .

6.34 The outer school grounds would be defined by the streams and banks and level changes with thorny planting and by a hedge on the northern boundary.

6.35 The,Metropolitan Police's Crime Prevention Design Officer has raised a number of issues and concerns about the proposal which are currently the subject of discussion between all relevant parties. It is anticipated that further information on this issue will be reported orally at the meeting.

Drainage

6.36 The proposed development is expected to generate significant additional rainwater run-off. Consequently, and given the size of the site, the on-site storage of excess water will be required to accommodate an assumed 1 in 100 year storm event. Both the Environment Agency and the Headmaster, on behalf of the school, have expressed_ a preference for this to take the form of an open pond.

6 .37 A condition regarding the details of drainage was imposed on the outline permission .

Sports Pitches

6.38 A number of comments made on this matter have not yet been satisfactorily resolved . It is hoped to provide additional information orally at the meeting.

Community Benefits

6.39 The school buildings provide a number of high quality facilities which are intended to be available for dual use out of school hours for hire by local individuals and organisations . The facilities that would benefit the local community in this way include :

Drama Room - Linked to the Main Hall, it can cater for small or large performances;

Main Hall - Adaptable for seating and as a function space;

Learning Resources Centre - Providing for function, it opens out into the Main Hall ;


Kitchen and Dining Hall -Catering for function, it opens out into the Main Hall ;

Lecture Theatre and Classrooms - Available for hire as meeting/teaching rooms

Music Department - Small performance/tuition spaces plus practice rooms

6.40 The Health and fitness areas are contained in a distinct block centred on the Sports Hall . This area will be used as the focal point for external sports facilities because it contains the shower and changing room areas . Areas capable of community sports use include sports hall, multi-gym, all weather pitch, tennis courts, sports pitches/athletics and cricket field .

6.41 In addition to the community benefits associated with the school itself, it is proposed that a "community resource building" be included within the development. Part of this is proposed to be let for nursery use, addressing the shortage of day nursery accommodation presently available to the local community. The income that will result from the day nursery is critical to the funding of this community resource building . The remainder of this building will comprise meeting space for hire by local community groups, clubs, etc. It is currently being actively considered for use by Essex County Council Social Services and Youth Services for the delivery of relevant services to the local community .

Residents' Comments

6.42 The issues dealt with above cover most of the points raised by residents . However, those outstanding and which are relevant at this stage are summarised below, together with a response :

(1) Worsen traffic congestion - Whilst the new school will increase the amount of traffic, the associated traffic calming measures to be introduced are intended to deter drivers from parking inconsiderately. They will also serve to slow drivers throughout the whole day such that the local environment should be both safer and less noisy.

(2) Need a swimming pool in the development-This is not part of the curriculum and would serve to increase costs considerably .

(3) Disruption from children - This is an issue for the school to deal with.

(4) Locate community centre elsewhere - The school is intended to operate as an integral part of the community and it is therefore appropriate that it incorporates the proposed community centre .

6.43 A summary of all the representations received in respect of this application is attached at Appendix 3 .


7. SITE REQUIRED FOR ACCESS TO PROPOSED DEBDEN PARK HIGH SCHOOL, WILLINGALE ROAD, LOUGHTON - CERTIFICATE OF ALTERNATIVE DEVELOPMENT

Recommendations :

That the Council:-

(1) Issues a Certificate of Appropriate Alternative Development for the development of the site adjacent to the Kingdom Hall, Willingale Road, Loughton for residential purposes and/or appropriate community use(s) ;

(2) Determines that, if an outline planning application for residential V development had been submitted, planning permission would have been '- granted subject to appropriate conditions relating to design and layout, - landscaping, access, car parking, and the provision of ' affordable/adaptable housing.

Background

7.1 (Head of Planning Services) The preferred access to the proposed Debden Park High School at Willingale Road, Loughton, crosses the existing allotments . The allotments are owned by this Council, though leased to the Debden Horticultural and Allotment Society. The County Council therefore has to purchase that part of the allotment site which is required for the access road . This, in turn, raises the question of the value of the piece of land . In seeking to resolve this issue the County Council have applied for a Certificate of Appropriate Alternative Development which is intended to confirm which other type of development would have been granted planning permission on the site if it were not required for the access road . This report identifies the possible alternative for the site .

7.2 The means of transferring this parcel of land to the County Council without delaying commencement of works has already been agreed . The Committee's decision about alternative use will not have a bearing upon the timing of the development.

The Site

7.3 The site (see Appendix 4) comprises the northern-most part of the allotments on Willingale Road, immediately adjacent to the Kingdom Hall . It therefore includes both the current track through from Willingale Road to the existing field and the northern-most part of the allotments which are, in fact, disused.

7.4 The site extends for 51 m along Willingale Road. Its total area is some 3,723 M2 (0.92 acre).


Site Constraints

7 .5 There is an existing pedestrian access crossing the site and, if that were to be retained, it may affect the layout of any particular development.

7 .6 There are also gas mains crossing the site, the size and location of which may affect the layout of any development. It may, however, be possible to relocate the mains, if necessary.

Policy Context and Implications

7.7 The site is outside, though immediately adjacent to, the Green Belt . In the adopted local plan, the track is not allocated for any specific use whereas the allotments are identified as urban open space. The allotments are therefore subject to Policies LL5 and LL6 of the local plan .

7.8 LL5 seeks to resist development which would result in either the total loss of, or have an excessive adverse effect upon any urban open space . The development of the application site would result in the loss of only a small proportion of the allotments and one which is disused . Given that and the nature of the surrounding built development it is reasonable to conclude that the loss of this part of the site would not result in any excessive adverse effect upon the remainder of the allotments site .

7.9 Having established that development may be a possibility it is necessary to have regard to Policy LL6. That policy enables the partial redevelopment of urban open space provided that :

(i) the predominantly open nature of the remainder of the site is retained ; and

(ii) the scheme provides for the appropriate management of the remainder of the site to enhance its visual importance and/or nature conservation interest and/or recreational potential .

7.10 Given the nature of the urban environment in the locality and the nature of the uses then, in the light of Policies LL5 and LL6 it would seem reasonable to conclude that, if the site was to be developed for other uses, then the only use that might be acceptable would be residential and/or appropriate community use(s) . It would, however, be necessary to establish the extent to which any alterations would have to be made to the management arrangements for the remainder of the allotments to compensate for any loss of amenity/wildlife habitat etc .

Loughton Town Council

7.11 The Town Council have expressed the view that a suitable alternative development for this allotment land is as an entrance to the new school . The Town Council hopes that the District Council concludes its valuation swiftly so as not to delay the building of


the school and also that the valuation is based purely on the value of the allotment land .

Conclusion

7.12 If a planning application for the residential developml-nt of this site had been submitted, the Committee would have been recommended to grant permission subject to appropriate conditions to ensure a satisfactory form of development. It is also considered that the site might have been appropriate for community uses (e .g . church, doctor's surgery, community rooms) and therefore it is recommended that a Certificate be issued in the alternative.

7.13 The effects of conditions and site constraints will be taken into account in subsequent negotiations about valuation .

8 . PUBLIC CONSULTATION DRAFT PLANNING POLICY GUIDANCE (PPG) NOTE 13 : TRANSPORT

Recommendations:

That subject to the concurrence of Transportation Committee, the following comments be confirmed as this Council's response on the Department of the Environment, Transport and the Regions .(DETR) Consultation Draft PPG13: Transport:-

(1) Social Inclusion should be widened to recognise the needs of young and older age groups as they also do not have regular use of a car -

(2) PPG 13 should place a greater emphasis on transport in rural areas in relation to:

a. Public Transport b. Cycling

(3) Regional and local variances will have to be considered when assessing minimum car parking standards; Annex B (Appendix 5) as drafted is unclear

(4) Where non-Green Belts sites cannot be found, it would only be practical to consider a park-and-ride scheme on its merit, allowing for adequate public consultation, if the site is not already allocated for such a purpose in the Development Plan

(5) The use of Green Transport Plans and Transport Assessments are endorsed, and continued in working towards a sustainable, integrated transport system


(6) Guidance is required in relation to Motorway Service Areas and Visibility Standards

PURPOSE OF REPORT

8.1 (Head of Planning Services/Head of Environment Services) The DETR has requested comments on the content of the consultation draft of the revised PPG 13 on Transport. Comments had to be submitted by 5 January 2000 and a response has been made by officers subject to confirmation by this committee and Transportation Committee.

MAIN CONTENT OF CONSULTATION DRAFT

8 .2 The draft PPG 13 is primarily aimed at promoting better integration, both between planning and transport and between different transport modes to promote more sustainable transport choices.

The main planning policies are set out as follows:- Ensure that strategies in the development plan and in the Local Transport Plan complement each other and that consideration of development plan allocations and local transport investment and priorities are closely linked ;

Focus major generators of travel in city, town and district centres to and near to major public transport interchanges ;

Locate local and day to day facilities which need to be near their clients in local centres so that they are accessible by walking and cycling;

Accommodate housing principally within existing urban areas, with increased densities for both housing and other uses at locations which are highly accessible by public transport, walking and cycling;

In rural areas, locate development for housing, jobs, shopping, leisure and services in local centres which are designated in the development plan to act as focal points for housing, transport and other services ;

Using parking policies to promote sustainable transport choices and reduce reliance on the car for work and other journeys ;

Ensure that the needs of disabled people are taken into account in the implementation of planning policies and traffic management schemes, and in the design of individual developments;

Comment: /t is agreed that strategies in the Development Plan and in the Local Transport Plan (LTP) need to complement each other to ensure that plan allocations and investment priorities are closely linked.


The integration of land use and transport policies will be assisted by new decision taking arrangements at member level, and officer coordination of new Community Plan themes.

SOCIAL INCLUSION (Para 13)

8.3 The draft guidance stresses the importance of meeting the needs of women, many of whom do not have regular use of a car.

Comment: The needs ofyoung and older age groups should also be recognised, as they also do not have regular use of a car.

The Council has some guidance already in place in relation to social inclusion in transport - through Local Agenda 21 and the emerging Community Plan. This guidance can further embrace the Social Inclusion aspect and help complement Development Plan and Local Transport policies .

TRANSPORT ASSESSMENTS (Para 16)

8.4 A requirement for Transport Assessments to be submitted alongside applications for major developments is to replace the existing use of Traffic Impact Assessments, and DETR will issue good practice advise on their content and preparation . These assessments should illustrate the likely modal split of journeys to and from the site, together with details of proposed access by public transport, walking and cycling, and reduce the number and impacts of motorised journeys associated with the proposal.

Comment: Transport Assessments are already regarded as good practice to further an integrated approach in line with the Local Plan, Local Transport Plan, Environmental Impact Assessments and Local Air Quality Standards

PARKING STANDARDS (Para 31)

8 .5 The quantity of car parking is seen as a major tool in achieving a balance in tackling congestion which might otherwise detract from the convenience of essential road-based transport. Policies on parking should be co-ordinate with parking controls and charging, and the overall approach on parking needs to work in a complementary way to planning policies on the location of development

8 .6 There is a need for a consistent basic approach to parking standards nationally, and the draft contains a table - Annex B (see Appendix 5) of maximum parking standards to be applied to specified major development types.

Comment: It is agreed the issue of car parking extends well beyond standards . Firstly, there is conflict between the recognised need to control the car and the need to maintain the economic viability of local communities. Secondly, such standards can create a conflict between what a house

23


purchaser demands and what a developer may be allowed to provide for car parking on new developments.

Clarification is required on the basic standard of I space per metre squared, unless otherwise stated.

PARK AND RIDE SCHEMES (Para 39)

8 .7 Park-and-Ride schemes can be an important element of the planning and transport approach for an area and should be considered in the LTP and the Development Plan. Park-and -Ride schemes are inappropriate developments in the Green Belts . Therefore, Local Authorities should fully explore non-Green Belt alternatives before identifying Green Belt locations as candidates for park-and-ride schemes. Proposals involving land which is currently Green Belt should be brought forward through the development plan .

Comment : It is accepted that non-Green Belt alternatives should be fully explored before proposing Green Belt Locations as candidates for park-and-ride schemes. However, in Districts such as Epping Forest it is almost impossible to find non-Green Belt sites. Where non-Green Belts sites cannot be found, it would only be practical to consider a park and-ride scheme on its merit, allowing for adequate public consultation, i, f the site is not already allocated for such a purpose in the Development Plan .

CYCLING (Para 55)

8.8 In preparing their development plans and in determining planning applications, local authorities should :-

0

Review existing provision for cyclists, in order to identify networks and routes along which the needs and safety of cyclists will be given priority, and the specific measures which will be taken to support this objective . Generally these will use existing highways, but may also use redundant railway lines or space alongside canals and rivers . Linear parks in urban areas often provide opportunities for cycle routes ;

Influence the design, location and access arrangements of the development, including restrictions on parking, to ensure that it promotes cycling;

Seek the provision of convenient and secure cycle parking and changing facilities in developments in town centres, and the provision of cycle storage facilities at transport interchanges ;

Seek the provision of cycle routes and cycle priority measures in major new development.

Comment: The need to make life easier for the cyclist and the pedestrian is accepted. However, this has to be achieved safely, and in the Epping

24


Forest District, other than in parts of Town centres, it is very difficult to safely create cycle lanes.

We should seek to involve facilities where we can, as has been achieved at Waltham Park There is recent evidence to suggest that unless the cyclist is segregated from competing traffic, the risks of accident and injury can actually increase . -

PUBLIC TRANSPORT (Para 58)

8 .9 In preparing their development plans and determining planning applications, local planning authorities should :-

Identify the key routes for bus improvements and priority measures and the measures that will be taken;

Explore the potential, and identify any proposals, for new rail, including the reopening of rail lines, or creation of new stations on existing rail lines, light rail or guided bus routes (giving due consideration to the funding for such proposals) ;

Identify the potential for improved interchange between transport services ; and

Negotiate for improvements to public transport as part of development proposals, in order to reduce the need to travel by car and the level of parking at such sites.

Comment: This policy is more applicable in urban areas where public transport is readily available. In more rural districts public transport is not so freely available. Towns such as Ongar depend upon the car to deliver . people to shop, there being no reasonable modal alternative . The presence of nearby out of town centres with, at the moment at least, free car parking, only serves to focus these concerns . The present trend is one of bus companies ceasing or restricting rural services, not a recipe for encouraging modal shifts.

The draft guidance encourages local planning authorities to identify the potential for improved interchange between transport services. The guidance suggests that re-opening of railway lines is one way in which interchanges can be improved. Whilst this offers encouragement to the re-opening of the Epping-Ongar line it does not take into account the practical difficulties that occur in attempting to re-open such lines.

The Draft Guidance lacks a rural dimension, as to how public transport in rural areas can be improved, in relation to access to viable alternatives, and how these will, be provided and funded.


GREEN TRANSPORT PLANS (Para 66)

8.10 The Government wants to help raise awareness of the impacts of travel decisions and promote the widespread use of green transport amongst businesses, schools, hospitals and other uses to deliver sustainable transport objectives . Local authorities are expected to consider setting local targets for the adoption of green transport plans by local businesses and other organisations, and to set an example by adopting their own plan .

8 .11 The Secretary of State considers that it is appropriate for a local planning authority to require applications to be accompanied by a green transport plan, aimed at delivering sustainable transport objectives (or for a developer to submit a green transport plan to accompany a planning application) in the following circumstances:

For all major developments comprising jobs, shopping, leisure and services

For smaller developments comprising jobs, shopping, leisure and services which would generate significant amounts of travel in locations where there are local initiatives or targets set out in the development plan for the reduction of road traffic, or the promotion of public transport, walking and cycling. Proposals for new and expanded school facilities be accompanied by a school transport plan which promotes safe cycle and walking routes, restricts parking and car access at and around schools, and includes, amongst other things, on site changing and cycle storage facilities ; and

Where the green transport plan will help address a particular local traffic problem associated with a planning application, which might otherwise have to be refused on local traffic grounds.

However, unacceptable development should never be permitted because of the existence of a green transport plan .

Under certain circumstances some or all of a green transport plan may be made binding through either conditions attached to a planning permission or through a related planning obligation.

Comment : The concept of Green Transport Plans (GTP's) is welcomed. The Council should take a lead and produce a GTP. Likewise, developers should be encouraged at the earliest possible stage to accompany the above types of applications with GTP's.

OMISSIONS FROM CURRENT GUIDANCE NOTE ON TRANSPORT

8.12 There are several omissions in the new policy guidance that are included in the current guidance note on Transport .

8 .13 Firstly, there is a lack of guidance on Motorway Service Stations and Road Side Services . Secondly, there are no Visibility Standards included in the draft guidance .

26


Guidance is needed in these two areas as a basis on which to judge any future planning applications .

Comments: Clarification is needed from DETR that present standards are still applicable .

Resource Implications : Finance: Nil at this stage. Land : Nil . Personnel: From Existing . Environmental Nil .

9. PROGRESS WITH DEVELOPMENT BRIEF: LANGSTON ROAD, LOUGHT0IV

Recommendations:

(1) That detailed development briefs be prepared:

(a) on the basis that a specific area of the overall site, not exceeding 10%, adjacent to the underground station is acceptable for commercial leisure use;

(b) which allow for the relocation of the lorry park to`the area of the site which is adjacent to the Ml l motorway and which achieves acceptable access to other land in the ownership of the County Council and the Bank of England ;

(c) for the land in the ownership of London Underground Limited, and land owned by this Council, having regard to the comments of the Head of Housing Services in respect of the possible use of land for affordable housing;

(2) That everyone who responded to the consultation be thanked for their contribution and be advised of the contents of this report.

Background

9 .1 (Head of Planning Services) At the meeting on 2 September 1999 the Committee agreed that a draft development brief be prepared for Langston Road and that it be subject to wide consultation .

9 .2 An extensive list of consultees was drawn up including residents, major employers, employers groups, the Town Council, relevant Town Centre Partnerships, London Underground and other technical consultees .

9 .3 The consultation documents were despatched on 15 October giving until 3 December for comments to be submitted . The brief was also the subject of several media reports, including a radio interview and reports in the winter edition of The Forester .

; Development Committee 11 January 2000

9.4 The response rate could be considered disappointing. However, the absence of any fundamental objection to the draft could indicate that there is tacit agreement.

Replies

9.5 The main issues raised in the responses to the consultation are set out below:

Police : Pleased to contribute to consultation .

10 Cassis Court: Leisure/retail a good option, parking a major problem .

Head of Housing: Suggests possibility of land north of underground being developed for affordable housing.

75 Torrington Drive: Must deal with parking and noise.

Loughton Town Council: Welcome in general. Limit late night activities .

London Borough of Redbridge: Concern at large multiplex .

Printed Forms Equipment: Agree in principle . Must meet their requirements .

35 Hornbeam Road: Support. Good idea.

Head of Environmental Services : Contamination survey required .

Debden Green and Broadway Action Group: Support principle; object to night club .

London Transport: Must protect rail infrastructure . Seek to ensure orientation towards public transport.

Gazeley Properties: Agree with movement of lorry park and public transport focus. Some difficulties with commercial leisure based on cinemas.

Loughton Broadway Town Centre Partnership: Make many detailed suggestions (shown on a plan).

Consideration of replies

9.6 None of the replies received so far can be said to be against the broad proposals in the draft brief. Indeed, the comments are either supportive, or raise aspects where detailed work/conditions/controls would be necessary. A summary of the responses has been placed in the Members' Room.

9.7 Further responses received up to the date of the meeting will be reported orally .


9.8 There has been considerable change in the cinema industry in recent months, and there must be a cautious approach to this element. Accordingly, rather than take a single package forward, which risks failure of the whole because of failure of a key part, it seems appropriate to split the brief into three elements - (i) commercial leisure, (ii) lorry park, (iii) underground station and to take forward individual brief(s) for these elements . It is also appropriate to look at land north of the underground station so that it can be integrated with the land to the south of the station in these briefs . A plan will be displayed at the meeting.

9.9 A planning application has been received for the general redevelopment of the OCE site (EPF/1760/99) for buildings for B1, B2 and 138 uses (light industry general industry and warehousing) . These will be processed having regard to existing Development Plan policies, and the suggestions in the draft brief, albeit that at this stage the weight which can be given to the draft brief is less than that which must be given to the Development Plan . The tip of that site adjoins the underground station and the existing bridge over the rail tracks . An oral update will be given on 11 January 2000 about progress/issues concerning this application, which is being targeted for a decision in February 2000.

9.10 Accordingly, it is considered sensible to proceed to work up detailed briefs, so that progress can continue to be made. The detailed briefs will be brought back to this Committee, and will themselves be the subject of further consultation .

Resource Implications :

Finance: Potential income from land disposals; potential expenditure to replace District functions. Personnel: From existing resources . Land: Potential development/redevelopment of 4 parcels of Council owned land .

10. APPLICATION OF POLICY STC10 OF THE LOCAL PLAN TO SHOPPING PARADES IN CHURCH HILL AND LOWER ROAD, LOUGHTON

Recommendations:

(1) That the area of coverage of Policy STC 10 of the adopted Local Plan be extended to include the shopping parades of Church Hill and Lower Road, Loughton (see Appendix 6);

(2) That this alteration be adopted as Supplementary Planning Guidance pending a formal review of the Local Plan.

Background

10.1 (Head of Planning Services) Policy STC 10 restricts the change of use to any non-retail uses in local shopping parades. Due to an oversight during the preparation of the Local Plan, the parades at Church Hill and Lower Road, Loughton were mostly excluded from the coverage of this policy .

29

' Development Committee 11 January 2000

10.2 At the meeting on 1 January 1999 (minute 74) this Committee resolved that a public consultation exercise be carried out on the application of Policy STC 10 to these parades. Subject to the outcome of that exercise, the Committee also agreed that any extension of the coverage of the policy should be adopted as Supplementary Planning Guidance pending a review of the Local Plan .

The Consultation Exercise

10.3 Consultations were carried out in September 1999. Consultees comprised of Loughton Town Council, Loughton Resident's Association, affected property owners, the three ward members, and the residents of Harwater Drive, Lower Road, Maple Gate, Marjorams Avenue, Millsmead Way, Sedley Rise and Shirley Court.

10.4 A total of 366 consultation letters were sent out and 25 responses were received - 7% of the total figure . Whilst this is a disappointing response rate, all of the responses received indicated support for extending the area subject to Policy STC 10.

10.5 The consultation exercise revealed that the favoured area of coverage of Policy STC 10 was from the laundrette in Lower Road to the Car Showroom in Church Hill . However, in view of the fact that the policy relates to local shopping parades, it was felt that Homebase and Essex County Council's Social Services Office could not be considered as being utilised only by local people . Therefore, officers are recommending that the area of coverage should be as indicated in Appendix 5 .

Conclusion

10.6 Despite the low response rate it is felt that there is public support for the extension of Policy STC 10 to include the shopping parades at Church Hill and Lower Road . The area which will be subject to Policy STC10 is as shown in Appendix 5 . This should be adopted as Supplementary Planning Guidance to ensure that the change is given due weight in any planning appeals or inquiries .

Resource Implications : Finance: Nil . Land: Nil. Personnel: From existing Environmental: Nil

Background Papers: Development Committee Report 12 January 1999

11 . DETR CONSULTATION PAPER: HIGH HEDGES: POSSIBLE SOLUTIONS

Recommendation :

That the Department of the Environment, Transport and the Regions (DETR) and the Local Government Association (LGA) be advised that this Council supports the use of either option 1 or 2 for dealing with the issue of High Hedges and opposes the use of option 4.


Introduction

11 .1 (Head of Planning Services) The government has issued a consultation paper on the problems caused by High Hedges. It outlines possible solutions, and seeks responses from local authorities and other consultees .

11 .2 They are reacting to public pressure on the issue, based on recent high profile neighbour disputes . They consider a real problem exists - although the scale of it is not clear.

11 .3 A working group, including local government, tree organisations and growers has recently produced a voluntary code of practice - aimed at providing advice at the point of sale, particularly of the main culprit, Leylandii . While this may help lessen future problems it cannot deal with existing problems .

Options

11 .4 The paper outlines 4 options :

.

0

1 - promote existing remedies, such as mediation .

2 - extend existing remedies, particularly providing more advice but without new legislation.

3 - new legislation, extending the right of light to gardens, as well as houses; and

4 - new legislation for a system of control based on complaints .

11 .5 Under option 4 the lead body would be the local authority who would:

.

decide if a complaint was valid - according to laid down criteria ;

investigate;

issue a notice ;

if necessary, enforce the notice by cutting the hedge themselves and recharging the owner.

11 .6 A right of appeal is envisaged, probably by separate internal review (as with Housing cases) but alternatively by the Planning Inspectorate .

11 .7 It is considered possible that the problem may be a temporary one, and that - once outstanding cases are resolved - the need for a law would disappear .


11 .8 Other possible options have been dismissed. These include using the dispute model under the Party Wall Act - that is the appointment of independent experts to reach a binding conclusion - on the grounds that an aggrieved party may still not abide by the decision, necessitating further recourse to law.

11 .9 Of the four identified options, the report states that option 4 would bring the greatest benefits, as it provides a mechanism to resolve cases, now and in the future .

Key Questions

11 .10 The suggested key questions are :

0

.

Does the problem warrant government action?

Which of the main options, or combination, is favoured, and why?

Are there further suggestions?

Should any new law lapse, say, after 10 years unless the need for it to continue were demonstrated .

Has the cost of such a system been accurately assessed?

Are there further comments?

The Situation in EFDC

11 .11 The Landscape Officer estimates he receives between 3 and 5 requests for assistance because of concerns about domestic hedges most weeks. Callers often expect a personal visit, and for the Council to deal with their neighbour on their behalf Calls normally concern Leyland Cypress.

11 .12 The most frequent concern is actually potential subsidence, because of fears that a recently planted hedge may not be maintained. Cases of genuinely over-tall hedges seem quite rare, and most seem to be able to be solved by discussion between the parties. A few cause serious problems, and very real distress for which at present no realistic remedy exists for most people .

11 .13 The main factors are the individuals' expectations about light - or privacy - and their tolerance of risk . Older people are often far more worried about the safety of neighbouring trees - or a risk to their property .

11 .14 Current resources do not permit personal visits, except in a few cases where the hedge concerned appears to have high public amenity value - or is subject to planning control . General telephone advice, or occasional written advice is offered . Leisure Services now refer all such requests to Planning .

Potential Resource Implications

32


11 .15 Option 4

The paper assesses the resource implications of option 4 at £99 per case, assuming :

.

2 hours for the initial handling ;

2 hours to reach a decision and inform parties ;

an hourly cost of £16.50 - being the average hourly cost of local authority officers (1998) .

11 .16 It assess the cost to the local authority of appeal by local authority review as of a similar level; but by court or the planning inspectorate as significantly higher, and assumes that about 5% of cases would be appealed .

11 .17 Assumption is therefore that a fee of L104 for complaints would make the scheme self financing .

11 .18 Enforcement is also assumed to be self financing in that a local authority could recharge its costs.

11 .19 Unfortunately little of this is considered realistic; the most important costs are overlooked, and therefore the scheme would not be self-financing .

11 .20 Firstly, having established that the local authority will decide "serious" cases, no provision is made for the time inevitably needed to deal with enquiries on cases which will not fit the criteria - but of course are serious to the parties involved . "Non Serious" cases (e.g . newly planted hedges) may outnumber "serious" cases by as many as 10-1 .

11 .21 The time taken to process and investigate -in a manner satisfactory to the disputing parties is estimated to be likely to be at least 3 times that given, giving a cost of £300 -or the equivalent of cases dealt with by formal remediation.

11 .22 The appeal rate, and costs given appear similarly unrealistic.

11 .23 Equally importantly, the specialist arboriculturalists would be likely to have to spend a significant proportion of their time in arbitration, at the expense of existing functions; there would also be significant demands on administrative resources to set up and maintain a complaint handling procedure.

Other Options

11 .24 Other options would have only minor implications for local authority resources.


11 .25 Conclusions

A need exists for government action on the broad question of fast growing boundary hedges, in the urban setting.

Option 3 would assist aggrieved parties, but only to a limited extent, and would have little impact on local authority resources.

Option 4 would be an inappropriate and disproportionate response to the problem:

Disputes between private parties - particularly boundary disputes - should, if possible, be resolved through private remedies;

The number of "serious" cases, which the law would be expected to deal with is actually relatively small - serious public discontent would be aroused, because of the failure to provide an equivalent mechanism to deal with "non-serious" cases;

Other options are available which would be more appropriate and effective; and

Because of the failure to provide a realistic funding mechanism, a severe adverse impact on other Council tree services, - either for management of the council tree is stock or existing statutory and non-statutory planning functions is likely - without any significant benefit to public amenity.

Of the main options Government action should be to support existing remedies, e.g . Mediation (Option 1) - based on self-help, and extension of existing measures, particularly advice (Option 2) .

Other than advice, a model based on The Party Wall Act would solve most difficult cases, and is an analogous system shown to be effective . Only the most difficult cases would not be solved (where one party refuses to abide by the ruling reached). A technical solution may be available for such cases.

It should be possible for a new Act to lapse subject to an assessment of effectiveness and impact on Local Authority resources .

Resource Implications : See report . 12. REPLACEMENT ESSEX STRUCTURE PLAN 2011 - EXAMINATION IN

PUBLIC - THE REPORT OF THE PANEL

Recommendations :

(1) That the recommendations of the Panel about housing, employment and green belt relevant to this District be noted ; and


(2) That the initial views formulated by the Policy and Co-ordinating Committee and the outcome of the meeting of planning authorities be noted.

Introduction

12.1 (Head of Planning Services) The Essex and Southend on Sea Replacement Structure Plan 2011 was the subject of an Examination in Public (EIP) from 22 June - 16 July 1999 . The report of the Panel which held the EIP was launched by the County Council on 14 December 1999 . The Panel's recommendations for this District have implications in terms of housing and industrial land allocation, outlined in this report.

12.2 The County Council has not yet formed a view about the Panel's recommendations. It will do so following consultation with district council representatives at a meeting to be held on 10 January 2000. The Chairman of Development Committee is the Council's appointed representative to attend that meeting . That meeting will be an important opportunity to influence County thinking before formal modifications to the Draft Structure Plan are published for general consultation, probably between March and April.

12 .3 In view of the timing of the meeting of planning authorities the Policy and Co-ordinating Committee is being asked at its meeting on 4 January 2000 to give preliminary guidance on the Council's response to the Panel's recommendations.

12 .4 The views of the Policy and Co-ordinating Committee and the outcome of the meeting of planning authorities will be reported orally .

The Implications

12 .5 There are two major implications for this District as a consequence of the Panel's recommendations. They relate to the housing and industrial land allocations, each of which is dealt with in turn below. Reference is also made to the implications for the Green Belt boundary .

Housing

12 .6 The draft structure plan allocated an additional 2,050 dwellings to be built in the District over the period 1996 - 2011 . The Panel recommends that this figure be increased to 3,000.

12 .7 The Panel recommends an overall increase of an extra 6,400 dwellings across the county taking the overall total to 76,000 dwellings. The basis for this increase is set out below in para 3 .11 of the Panel's report.

"111 . We conclude that the housing requirement should take into account the latest reliable household forecast, which we consider to be the 1992 based projections, as the 1996 based projections are not yet fully published and tested . Applying the approach underlying RPG9 to those projections increases the requirement to 90,250 .

35


A 3% vacancy rate reduces the requirement to 81,650, a difference of 8,600 . After some consideration we feel that the 3% target will be difficult to achieve by 2011, let alone 2005 . However we are confident that 60% of this target is achievable by 2011, and that an additional 5,160 dwellings (60% of 8,600) can be made available from the existing stock. This will reduce the 1992 based requirement from 90,250 to 85,090, or 76,090 excluding a 9,000 allowance for Thurrock. We have rounded this down to 76,000, and this is our recommended requirement for new housing provision. It was made clear at the Examination, and we agree with this point, that we had remit to come up with an additional figure for Thurrock".

12 .8 The Panel's assessment of the District, insofar as housing is concerned, is set out in paras 3.80 and 3.83 of their report, as follows :-

3 .80 The District Council made minor adjustments to its tightly drawn Green Belt boundaries in its Local Plan adopted in January 1998. The Council's approach is that the MGB is the dominant factor in determining the capacity of the District to accommodate more housing development, and that it is capacity which.should determine what the District housing requirement should be. Although no urban capacity study has been undertaken, we were informed that the scope to realise new housing potential from previously developed land, higher densities and other urban intensification is known by officers to be limited. In any event, the Council questions the merits of building more expensive houses for commuters. The District priorities are to secure opportunities for local employment activity and for affordable housing.

3 .81 We feel the Council's approach towards the housing capacity of the District is too short term in nature . We do not underestimate the difficulties the Council may face in accommodating a fair share of the increased Structure Plan housing requirement we advocate earlier in this Chapter. However, we find no special reason why Epping Forest District should be exempted from that task . Indeed, an increased share may enable affordable housing to be secured more easily . We consider as a matter of principle that the housing provision in the District ought to be more capable of meeting locally generated housing needs.

3 .82 We therefore consider that an urban capacity study should be carried out by the District Council . If increased opportunities for housing cannot be found in the urban areas from such a study, then the next stages of the sequential approach outlined in revised Policy H2 should be invoked. This in our view justifies the Council carrying out a review of the boundaries of the MGB in the context of a review of the Local Plan, although we would not wish to pre-empt the outcome of any such review .

3 .83 We also confirm our view expressed in paragraph 3 .72 above that the District Council should consider with Harlow District Council the extent to which land within Epping Forest District might play a role in helping to accommodate Harlow's future growth. This factor has been an influence in our conclusion that the housing requirement for Epping Forest District should be raised from 2,050 to 3,000."


Business and Employment

12 .9 The Panel recommends a further 20ha land allocation based on Harlow, comprising, say, l Oha of land in both Harlow and Epping Forest . The justification of this is set out below in para 2.13 :

"2.13 We do think that Stansted will be a major factor in the economic regeneration of parts of Essex and Hertfordshire as well as being a factor in future business investments in Suffolk, Cambridgeshire and the north London Boroughs . We do not believe that this necessitates further allocations at Stansted, other than that covered by policy B 1 W6, or in the attractive and tranquil countryside surrounding it . We see opportunities to further develop Harlow for businesses that require an international airport within reasonable distance. Journeys between the two would be by both road and rail but we do not see this as conflicting with the RPG9 view of the M11 as a corridor of movement, as even such corridors have growth points along the route and Harlow has been recognised in SERP500 as a town where regeneration should take place. We recommend a further 20ha allocation based on Harlow, with 10 hectares allocated provisionally to both Harlow and Epping Forest Districts. A further study is required as part of a joint local planning exercise to determine the precise allocations to each District, and may lead in turn to detailed adjustments to Green Belt boundaries . The increased allocation should be phased for the later stages of the Plan periods in order to encourage rejuvenation of the older industrial areas. The 10 hectare increase for Harlow is additional to the 50 hectare allocation in the Schedule of Variations".

Green Belt

12.10 It follows from the above that there will be a potential impact upon the Green Belt . This is acknowledged by the Panel whose approach to the Green Belt boundaries, and their permanence, is set out below:

"6 .8 We agree that there should be permanence in the Green Belt boundaries, but we consider that the present approach is looking at the short term only . In the present scenario, any development beyond the Option C housing requirement and any major new inward investment will almost inevitably look to Central Essex, rather than South or West Essex. We understand the difficulties of achieving a sustainable balance of development between MGB areas and areas outside the MGB, and consider that JSPAs have the right order of balance, but there is no room for manoeuvre. This is readily apparent when selecting the 1992 based household projections. We note that the requirement for Central Essex Districts to take additional housing has led to Chelmsford and Braintree Councils to embark on comprehensive urban capacity studies, whereas MGB authorities had, for the most part, undertaken minimum work. This must be at least due to the lack of pressure in the need to find sites for their RSP housing allocations.

6.9 We recommend that a new policy be added, requiring District Local Planning authorities, in consultation with the JSPAs to review the inner boundaries of the

37


MGB. Areas of particular significance have already been highlighted in the Housing and Business, Industry and Warehousing chapters . This review should take on board requirements arising from the new RPG, when published, and look to 2016 at the very least. By taking account of the new RPG, there will be an opportunity.to properly consider safeguarded land requirements . We consider that this will give a more sustainable pattern of development than the incremental approach adopted by the JSPAs".

Preliminary Assessment of Issues

12.11 It is proposed that additional housing provision in the District be increased from 2050 to 3000 and that a further 10-20 hectares of employment land be allocated, based on Harlow. If there is insufficient capacity within existing urban areas, then suitable sites would have to be sought on the edge of the larger urban areas or by expansion of other existing settlements, with consequential adjustments to Green Belt boundaries . This clearly signals a change in approach - from constraint-led to development need-led -likely to be taken forward in regional planning guidance to 2016 and the longer term . A further context is given for the review of North Weald Airfield .

12.12 The Panel report offers little specific justification for the housing and employment land figures recommended. It is not clear whether a housing-led or employment-led strategy is envisaged. Some clarification is required, given that the outcomes of a systematic search for possible development or redevelopment opportunities throughout this and adjoining Districts are unknown.

12.13 A critical issue is the timing of the proposed additional provision and the relationship with the next review of the Structure Plan (to 2016 or beyond) which is to follow very soon. The Panel suggests that the additional employment land will not be required until the end of the Plan period (i.e . 2006 - 2011?) ; it could be that a significant contribution towards the additional housing provision figures in the short term could come from "over supply" in the current Structure Plan period or "windfall" opportunities that have recently come forward. This is being investigated . Given the Panel's criticism of short-term planning and its acknowledgement that Green.Belt boundaries adjustments should cater for the very long term, it would seem more appropriate in terms of both strategic planning and District resource commitment to hold over any formal review of the District Wide Local Plan to coincide with the next review of the Structure Plan . It has hitherto been anticipated that preparatory work would take place in parallel and in partnership with the County and other Districts in West Essex. This would also enable a better fit to be planned between justified development needs and sustainable development opportunities, and to give long term certainty to the Green Belt once any essential adjustments had been made .


12 .14 The Panel report underlines the importance of joint working with the County and with adjoining Districts, especially Harlow. The sequential approach to possible sites will inevitably involve land in this District on the periphery of Harlow. Joint working at both officer and Member level will be required .

Resource Implications : Nil at this Stage. Environmental: Potential implications for both urban and rural areas of the District .


PART B - ROUTINE ITEMS FOR DEBATE

13 . DEVELOPMENT COMMITTEE ESTIMATES 2000/01

Recommendation :

That the attached report be considered in respect of this Committee and, in particular, subject to the views of the Policy and Co-ordinating Committee, the matters set out in paragraphs 13.3(e) and 13.3(f) below.

13 .1 (Head of Finance) The draft budget for this Committee for 2000/O1 is attached as Appendix 7.

13 .2 The Council's provisional SSA for 2000/O1 is £11,523,000 compared with an SSA of £11,238,000 for the current financial year.

13 .3 The Policy and Co-ordinating Committee will be considering a report of the Working Group on Council Strategy at its meeting on 4 January 2000 . The Working Group is recommending that, subject to the provisional SSA being confirmed or subjected to only minor alterations:

(a) the Council Tax should be increased by no more than the Government guideline increase ;

(b) the Council's current policy with regard to the CSB should be confirmed and that spend on CSB and CSB growth should not exceed the SSA;

(c) the total for CSB (including growth) for 2000/O1 should not exceed £11 .2m ;

(d) spend on DDF for 2000/01 should be limited to a sum which, when added to the CSB, will not require more than £380,000 of revenue balances to be used ; and

(e) programme committees review their requests for CSB growth to consider (i) whether any minor items on the CSB growth list can be absorbed within the existing budget; (ii) whether any CSB growth items can be incorporated within the existing budget by foregoing existing items (iii) prioritising all remaining requests for CSB growth and (iv) the merits of increasing income as a means of achieving some expectations ;

(f) programme committees prioritise their requests for DDF items and identify those which might be rephased over a three year period ; and

(g) officers review the list of vacant posts to see whether it is possible to delete such posts from the establishment.

13.4 The decisions reached by the Policy and Co-ordinating Committee on 4 January 2000 will be reported orally .

40


Resource Implications : Finance: As set out in Appendix 6 .

14 . THE OLD SCHOOL, COPPICE ROW, THEYDON BOIS - BUILDING PRESERVATION NOTICE

Recommendation:-

That a Building Preservation Notice be served on the owners of The Old School, Coppice Row, Theydon Bois, under section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Background

14 .1 (Head of Planning Services) An outline planning application (EPF/1447/99) was submitted to the Council on 2nd November 1999 for the redevelopment of The Old School in Coppice Row, Theydon Bois to provide two detached houses .

14.2 The Old School dates from 1840, being originally built by the Church of England as Theydon Bois School. It was subsequently extended in 1903 and closed as a school in 1960 when the new school opened in Orchard Drive. The Old School is situated in a , prominent location in Coppice Row, on rising ground close to the junction with Piercing Hill and adjoining the churchyard of St.Mary's Church which is a grade II , listed building .

14.3 The site does not lie within a designated conservation area and is currently not in residential use. Accordingly consent would not be needed for its demolition . However, planning permission is obviously required for any new development. In this respect, it should be noted that the site does lie within the Metropolitan Green Belt .

Building Preservation Notice (BPN)

14.4 In cases where an unlisted building is considered to be of sufficient special architectural or historic interest, and there is a threat of demolition, a local planning authority may serve a building preservation notice (BPN) on the owner(s) and occupiers . The BPN comes into force as soon as it is served and effectively "lists" the building for a period of six months during which time the Secretary of State will consider the permanent addition of the building to the statutory list .

Buildings of Special Architectural or Historic Interest

14.5 The Secretary of State is required to compile lists of buildings of special architectural or historic interest for the guidance of local planning authorities. However, the listing process is inevitably slow and it is also incomplete . A building of merit may therefore be at risk until it is listed at the next routine resurvey of the area .

14 .6 The local authority, an amenity group or any individual can always write to the Department for Culture, Media and Sport requesting that a building be "spot-listed" . In the majority of cases however, even this process takes considerable time . It is

41

. Development Committee 11 January 2000

therefore not suitable where a building is under immediate threat of demolition or drastic alteration . The BPN procedure was introduced in the Town and Country Planning Act 1968 and subsequently incorporated in section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990 .

14 .7 The principles of selection for the lists of buildings of special architectural or historic interest are set out in Planning Policy Guidance Note Number 15 ("Planning and the Historic Environment") . Buildings that qualify for listing are chosen on the basis of definite criteria, originally drawn up by the Historic Buildings Council (the forerunner of English Heritage). The principal factors to be taken into account are as follows:

(1) architectural interest : the lists are meant to include all buildings which are of importance to the nation for the interest of their architectural design, decoration and craftsmanship; also important examples of particular building types and techniques and significant plan forms;

(2) historic interest : this includes buildings which illustrate important aspects of the nation's social, cultural or military history ;

(3) close historical association with nationally important people or events ;

(4) group value, especially where buildings comprise an important architectural or historic unity or a fine example of planning (e.g . squares, terraces or model villages).

[Not all these criteria will be relevant to every case, but a particular building may qualify for listing under more than one of them.]

14.8 In practice, the application of the above criteria over many years means that the following buildings should now be listed :

(a) all buildings before 1700 which survive in anything like their original condition;

(b) most buildings between 1700 and 1840, though selection is necessary ;

(c) between 1840 and 1914 only buildings of definite quality and character, including the best examples of particular building types ;

(d) after 1914 only selected buildings;

(e) between 30 and 10 years old, only buildings which are of outstanding quality and under threat ; and,

(fJ less than 10 years old, none .

14.9 The emphasis in these criteria is on national significance, although this cannot be defined precisely. For instance, the best examples of local vernacular building types

42


will normally be listed, but many buildings which are valued for their contribution to the local scene, or for local historical associations, will not merit listing.

The Old School

14.10 In order to serve a BPN on this building the Council, as local planning authority, must be convinced that it is of "special architectural or historic interest" and that it is in danger of being altered or demolished . Given that the owners have now submitted a planning application for the redevelopment of the site, the threat of demolition clearly exists . Ultimately, the matter of whether the building is of sufficient "special" interest to warrant permanent inclusion on the statutory list will be decided by the Secretary of State, should the Council decide to serve a BPN.

14.11 The listing criteria suggest that buildings up to about 1840 should be listed, although they acknowledge that some selection may be necessary . However, schools dating from this period are certainly under-represented on the statutory lists for Essex. There are only four listed school buildings in the District - Chigwell Grammar School (c.1620) ; Nazeing Park (1797) now a private residence; Elmbridge School, Fyfield (1884) now converted to flats; and High Ongar County Primary School (1867) . The Old School is the earliest surviving example of the many Victorian schools in this District and has survived unaltered externally, save for the sympathetic extensions in 1903 .

14.12 The Old School was considered for listing in 1976. The view of the specialist advisor at the County Council at that time was that the building had insufficient special architectural interest to warrant consideration for inclusion on the statutory list . ` Although it is probably true to say that The Old School is not of sufficient special ' architectural interest to warrant listing, it does represent a good, relatively unaltered example of an early Victorian village school - a type which is noticeably absent from the current statutory lists. As an important, early example of its type, and one which is of special value as illustrating part of the social history of Theydon Bois and the Epping Forest District, the Council's conservation officer considers that the building is of sufficient special historic interest to be listed and that a BPN is justified .

The Building Preservation Notice Procedure

14.13 The BPN must be served on the owner and occupiers of the building and state that it appears to the local authority to be of special architectural or historic interest . The Notice should also state that the Secretary of State has been asked to list the building and explain the effect of the notice .

14.14 At the same time as serving the notice, the authority must also immediately request the Secretary of State (Department of Culture, Media and Sport), formally to list the building . This request must include a copy of the notice, a location plan, and photographs of the building .


14.15 There is no statutory right of appeal by the owner or occupier against serving of a BPN. But, as with listing, it is always possible to make an informal appeal to the Secretary of State.

The Consequences of a Building Preservation Notice (BPN)

14.16 A BPN comes into force as soon as it has been served on both the owner and the occupier of the building . Its effect is that, for as long as it remains in force, the building is effectively a listed building . Consequently, works for its alteration or demolition require listed building consent. If such works are carried out without consent being obtained, the local authority can take enforcement action or can institute criminal proceedings. However, such protection lasts only for six months. If within that period the Secretary of State decides that the building should be listed, then the owner and occupier and the local authority will be notified in the usual way, and the building will thereafter have precisely the same status as that of any other listed building .

14.17 Alternatively, the Secretary of State may decide not to list the building . In that case, he will notify the planning authority, which will in turn notify the owner and occupier . The effect of the notice will lapse and any application for listed building consent that is outstanding will also lapse, as will any enforcement proceedings. However, if unauthorised work was carried out while the notice was still in force, anyone responsible is still liable to criminal prosecution. If the service of the notice caused any financial damage, including any damages resulting from breach of contract for building or demolition works, the local authority is then liable to pay compensation ; although only to anyone who had an interest in the building at the time the notice was served . A claim for compensation under this provision must be submitted within six months.

14.18 Finally, if the Secretary of State decides not to list the building, the local authority may not serve another BPN on it within 12 months of his decision . It should also be noted that if the Secretary of State takes no action within the six month period, the BPN will also lapse but there would be nothing to stop the local authority immediately serving another notice, in effect prolonging the original notice for a further six months.

Resource Implications : Finance: Under section 29 Planning (Listed Building and Conservation Areas) Act 1990 any person, who at the time of the serving of a BPN, had an interest in the building, shall be entitled to be paid compensation by the local planning authority in respect of any loss or damage directly attributable to the effect of the notice . Land: None . Personnel: Within existing resources .

Environmental Implications : If the building is listed, then any future plans for its conversion and reuse would make sound use of an existing built resource which is undoubtedly of historic interest and value to the local community.


15. WALTHAM PARK PROGRESS AND PHASING

Recommendations:

(1) That progress in respect of the housing numbers and provision of a recreation area, and the position with regard to the Upshire Vehicle Centre be noted;

(2) That the phasing requirement be revised so that is based on the completion of no more than 250 units by 1 April 2001.

Summary

15 .1 (Head of Planning Services) Further to the decision of this Committee in January 1999 on the number of housing units to be provided on this site and their phasing, there has been considerable progress in securing the necessary detailed permissions, particularly in relation to the residential development. This report sets out the progress to date and seeks approval for amendmentpf the phasing requirement originally agreed . -'+

Housina Lavout .

15 .2 In the report to this Committee in January 1999 members were advised that, applying the standards and concepts of the Essex Design Guide, it was anticipated that --approximately 400 houses could be accommodated within the residential area of the site . The Committee agreed this number in principle and accepted the phasing = proposals based on no more than 250 units being commenced prior to 1 April 2001 . The higher total number would result in less pressure to build on Greenfield sites' during the next Development Plan period once the commitment for 250 units during the current Plan period had been fulfilled .

15 .3 The housing layouts subsequently negotiated with the developers will result in a total of 442 units being provided . 354 houses and flats will be available for sale on the open market with the remainder constituting the necessary 20% for affordable housing. This has been achieved without conceding any of the concepts of the Essex Design Guide and the layouts, which have all now been approved, will create a high quality environment.

15 .4 Care has been taken to ensure that sufficient residential land has been set aside to cater for the provision of the affordable housing. Planning permission has been granted for the first phase of 23 of the necessary 88 units (442 x 20% 88).

Phasing

15 .5 Ensuring that no more than 250 units are provided by I April 2001 means that the remainder of the total can count towards the necessary provision during the next Development Plan period . In confirming this requirement the developers have pointed out that the previous committee decision related to "250 units being

45

Development Committee

15.6

I1 January 2000

commenced" whereas their understanding was related to "completions" . Completions" is in fact the correct measure and terminology in terms of local plan policy and the recording of housing provision . The Committee is therefore asked to agree that the phasing requirement be amended so that it specifies the completion of no more than 250 units prior to 1 April 2001 .

Other Matters

Recreation Area

At the meeting in January 1999 it was suggested that a recreation area be provided within the overall housing site, notwithstanding that there was no requirement for its provision within the outline planning permission . This has not been taken forward because:

experience elsewhere in the district during the year indicated that a formal play area was difficult to site close to residential properties without causing considerable disturbance; and

(i)

(ii) permission was granted for an extensive Country Park immediately to the south of the residential area.

15.7 However, the developers have been discussing with the Lee Valley Park Authority the provision of a formal recreational area on land owned by that Authority to the west of the residential site, and it is hoped that agreement will be reached on such provision .

Upshire Vehicle Centre

15 .8 The Section 106 Agreement relating to the outline permission for the development of this land required an alternative site within the commercial area of the development to be made available for the relocation of the Upshire Vehicle Centre from Upshire Road. The developers are of the view that this clause of the legal agreement is now of no effect and cannot be discharged since there is no longer an Upshire Vehicle Centre at that location and the business has independently moved to another location . The Council's solicitor concurs with this view.

15.9 There is no further action which can be taken in this regard . The Council's objective, i.c to assist the relocation of the Vehicle Centre, has been satisfied .

Resource Implications : Nil

16. APPOINTMENT OF SPECIALIST CONSULTANTS FOR RETAIL DEVELOPMENTS

Recommendation :

That subject to Resource Committee's approval, £8,000 be included in the revised estimates to fund the appointment of specialist retail consultants

46


to advise the Council on the major retail proposals at Sewardstone Road, Waltham Abbey and Old Station Road, Loughton .

Introduction

16.1 The Council has received planning applications for major retail stores at the PBI site, Sewardstone Road, Waltham Abbey and at Old Station Road, Loughton . Both sites are outside the defined town centres, although arguably "edge of centre".

16.2 Both proposals require independent specialist retail assessment so that Members are properly informed when taking decisions . This report seeks approval for the appointment of the consultants.

The Brief

16.3 The proposals must be assessed in particular against the shopping and town centre policies in the adopted District Wide Local Plan, PPG6 Town Centres and Retail Developments, and recent ministerial pronouncements concerning the interpretation of government policy .

16.4 The issues to be addressed include :

0

0

The need for the proposals and the extent to which viable lesser scale proposals would meet identified needs (retail opportunities for shoppers ; assist regeneration of town centres as a whole ; assist reduction of car dependency or car travel).

The potential of alternative sites within or closer to the town centres, following the recommended sequential approach (to include at Waltham Abbey a possible expansion of the Co-op in Sun Street/Market Square and the "STC5" site at Highbridge Street ; at Loughton the former Lambs Garage site).

Impact on the vitality and viability of the existing shopping centres including future private investment, range of shops and services, and vacancies .

Implication for the Council's Town Centre strategies, i.e . their role in the economic and social life of local communities, impact on public investment programmes/Town Centre Enhancements .

16 .5 The consultants will be required to consult with the local Town Centre Partnerships and with the affected town councils.

The Proposals and Resource Implications

16 .6 In 1993 the Council retained C B Hillier Parker at the time of the public inquiry into the proposed food store at Langston Road, Loughton . The firm undertook extensive research and advice and prepared the Loughton convenience goods shopping study, which provides a wealth of background information. It is considered cost effective to

47


retain the same firm again in order to avoid duplication of research as far as Loughton is concerned. It would also make sense for the same firm to undertake the Waltham Abbey study at the same time, but in both cases making the most of information supplied by or required from the applicants rather than undertaking extensive original research in the first instance .

16.7 C B Hillier Parker are able to undertake a critical analysis of the applicant's detailed supporting statements in both cases, within about 3 weeks of receipt of the relevant statements . The fee proposed is £4,000 for each case, giving a total of £8,000.

16.8 It is recommended that Messrs C B Hillier Parker be appointed to make progress with these high profile applications (and to help inform an ad hoc Member Panel set up by Resource Committee to consider the former Lambs Garage Site, Loughton).

Resource Implications : Environmental: Economic, social and physical quality of town centres; car dependency and travel .

Background Papers C B Hillier Parker letter 6 December 1999.

17. ENVIRONMENTAL IMPACT ASSESSMENTS

Recommendation :

That authority be delegated to the Head of Planning Services to determine the need for and scope of environmental impact assessments required under the Town and Country Planning Acts.

Background

17.1 (Head of Planning Services) The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 came into force in March of this year and superseded all previous legislation on this matter . They introduced into English Law European Community directives which increased the categories of development for which environmental impact assessments are required .

17.2 Assessments provide technical evaluations which assist in the consideration of schemes which have significant environmental impacts as well as providing a less technical summary of the relevant issues for members of the public .

17.3 The following information is likely to be included in an environmental impact assessment:

0

0

Why a particular site has been chosen

The detailed operation of a development

Measures included to reduce the adverse impacts of the development such as noise and traffic

48


17.4 . There are very few applications for which environmental assessments are required and only two have been considered by this Council in recent years - The Royal Ordnance Site Waltham Abbey and the motorway service area at Junction 5 of the M 11 .

Proposals

17.5 The regulations require that, where possible, authorities advise potential applicants on whether an assessment is required and, if so, the broad areas to be covered. Alternatively, if an application is received for which an assessment is required the applicant has to be advised accordingly, in writing, within three weeks of receipt of the application.

17.6 The Council has recently received a planning application for the pbi/Tennants site in Waltham Abbey and the applicants have been advised that, based on present information, an environmental impact assessment is required . Other applications are expected in the coming months where advise has already been given by officers that assessments are required .

17.7 Whilst it might reasonably be assumed that the such decisions fall within a -professional officer's normal range of responsibilities, in a recent court case the existence of specific delegated powers to officers was questioned . `

17.8 As the need to advise on these matters could arise at any time, it would not be possible to obtain committee approval on each occasion within the timescale'`' specified . Therefore, in order to ensure that problems do not occur in future, it is suggested that the necessary authority be formally delegated to the Head of Planning Services .

Resource Implications : Finance: Nil . Land : Nil . Personnel : Within existing resources .

18. ENFORCEMENT PROGRESS REPORT

Recommendation :

That Committee notes the current position on enforcement matters generally and progress with sites which are being periodically monitored.

18.1 (Head of Planning Services) The Committee will note from the statistics below that the number of complaints received remains high and is up almost two percent on the previous review period . Despite the fact that during the course of the period an enforcement officer left the Council the number of cases resolved by officers has exceeded the number received . The number of cases cleared exceeds the number received for the second review period in a row.

18.2 Members are asked to note in particular the progress which has been made with Elmwood, Broadley Common which has now been effectively resolved and all

49


enforcement notices have been complied with . Galley Hill Yard has now had an enforcement notice served and will be the subject of a four day public inquiry in the new year.

18.3 A considerable investment in officer time has been made in attempting to resolve these longstanding monitored cases. Currently this has not affected the overall clearance of outstanding general work . However, this aspect needs to be kept carefully under review .

18.4 In one particular instance officers successfully prosecuted a person for breach of an enforcement notice which was tried at the Crown Court . The person was found guilty and fined £500 with f3,000 in costs. The costs incurred by the Council was f4,000.

18 .5 Members attention is particularly drawn to the efforts of the enforcement section to use more planning injunctions to resolve problematical or protracted enforcement matters. In one case officers obtained authority to serve a breach of condition notice on developers who were working outside permitted hours. The developers continued to breach the condition in the knowledge that by the time the notice would.be served they would have finished the work they were undertaking . Officers obtained emergency authority to take injunctive proceedings which successfully prevented any further breach of condition . The enforcement team have worked closely with the solicitors in the Council's Legal Services to successfully resolve these difficult enforcement matters. The level of cooperation between the two services has been instrumental in resolving a number of difficult outstanding enforcement matters.

18 .6 Details of the number of complaints received, etc. from June to November 1999.

COMPLAINTS COMPLAINTS CASES CASES INSTRUCTIONS NOTICES NOT RECEIVED RESOLVED UNDER AWAITING SENTTO SERVED

INVEST[- ALLOCATION LEGAL WITHIN 2 MONTIIS GATIO\ OF

INSTRUCTIONS

JUNE 64 63 213 0 8 0

JULY 49 62 209 0 0 0

AUG 51 24 231 0 1 1

SEPT 61 52 246 0 4 0

44 58 220 2 OCT 2 I

56 205 0 3 I NOV

I 41 I I I 2


DESIGNATED SITES TO BE MONITORED

18 .8 TYLERS CROSS NURSERY, BROADLEY COMMON, ROYDON.

Breach(s) of Planning

Residential Caravans Business uses Fence(s) Unauthorised buildings Compliance with various Enforcement Notices

Action taken since last report

An appeal has been lodged in respect of the refusal of planning permission for the stationing of a further 6 mobile homes and associated touring caravans : This appeal has been "called in" by The Secretary of State. � .

Other outstanding breaches are being monitored .

Site last visited on 22 November 1999.

18 .9 ELMWOOD, BROADLEY COMMON, NAZEING.

Breach(es) of Planning

Car storage Unauthorised building Unauthorised caravans


Enforcement Notice issued in respect of the storage/stationing of caravans .

The appeal against this enforcement notice was dismissed on 2 September 1999, albeit with a new compliance date of 2 November 1999 . The last visit to the site was on 22 .11 .99 when all enforcement notices were found to have been complied with. It is understood that the site has been sold, possibly with a view to returning it to residential use.

The last visit to the site was on 22 November 99


18. 10 BEGGARS ROOST, SEDGE GREEN, NAMING.


* Unauthorised storage of mechanical plant * Unauthorised extensions * Unauthorised walls, gates and fences .

Action since last report

The owner of this site has now made a belated start in complying with the enforcement notices, prompted by the threat of injunctive proceedings against both himself and his wife, should he fail to do so .

A further planning application has been made (received 28.5 .99) to demolish the garage, games room,'and to retain the existing unauthorised extension and conservatory . This application was refused on 6.8 .99.

Before injunctive proceedings can be reasonably began, the 6 month time period for an appeal to be lodged against this refusal of planning permission needs to pass, ie 6 .2 .2000. No appeal has been lodged to date . At the end of this time period injunctive proceedings will commence to secure full compliance with all breaches of the enforcement notices.

The last visit to the site was on : November 1999

18 .11 GWENDOLINE, CARTHAGENA ESTATE, NAMING


Compliance with Notice(s)

Action taken since last report .

There is an ongoing High Court case over the occasion of the direct action and the validity of the original Enforcement Notice .

Site is to be acquired by Lee Valley Regional Park Authority and will then be cleared by that Authority.

Site last visited 9 November 1999 . There is no change since the last committee.


18 .12 GALLEY HILL YARD, WALTHAM ABBEY


Enforcement notice issued 22 April 1999 alleging unauthorised change of use of the land from agriculture to mixed business uses, B l, B 2, B 8 and sui generis uses .

Action taken since last report.

This site has been added to the list of sites to be regularly monitored, due to the recent influx of occupiers, currently 31, and is effectively used as an industrial area. An Enforcement Notice was served on 22 April 1999.

The enforcement notice is already the subject of an appeal, although discussions with the owners is continuing in an attempt to remedy these matters. These negotiations were unsuccessful .

A Public Inquiry has been fixed for 4 days commencing 2 February 2000, to determine this appeal . The use of the site has continued, and has even increased and continues to be the source of complaints from local residents, which are being investigated by both planning and environmental services . `

18.13 ROYDON LODGE CHALET ESTATE, ROYDON


Non compliance with residential occupancy conditions . Business uses . Compliance with various Enforcement Notices.


Plot 14 Presently investigating possible recent occupation of chalet, in breach of valid enforcement notice . Witness statement taken and monitoring ongoing.

Plot 15 Presently investigating possible recent occupation of chalet, in breach of valid enforcement notice . Witness statement taken and monitoring ongoing.

Plot 16/17 Period for compliance with enforcement notice not yet expired.

Plots 27 to 29 It has now been established that there is no permanent residential occupation or out of season use of this site which is presently offered for sale .

Plot 31 Appeal lodged in respect of Enforcement Notice relating to stationing of a mobile home decision awaited.

Plot 32 Enforcement Notice now effective in respect of stationing of a mobile

53


home site visited and further action is needed to secure compliance . The mobile home is not presently occupied.

Plot 40/41 Investigating possible recent occupation in breach of valid enforcement notice .

* Plot 33 Confirmed that this unit is not being occupied as a permanent dwelling at any time and is not being used during the winter period . A small porch type extension is presently being investigated .

Plot 45 Investigating possible recent occupation in breach of valid enforcement notice .

Plot 46 Appeal against enforcement notice dismissed the period for compliance has not yet expired.

Annual out of season monitoring has commenced with particular attention to plots it is thought may be occupied in breach of existing enforcement notices and where owners have claimed, that the use is recreational and seasonal only (ie: plots 1 d, 36 & 37).

Site visited monthly throughout the summer and weekly from November.

18 .14 R/O LANGRIDGE NURSERY, PAYNES LANE , NAMING


* Unauthorised caravans * Unauthorised buildings * Compliance with various Enforcement Notices * Business uses


Plots 1 & 2 Further action necessary concerning a recently dumped vehicle and a small building (existing enforcement notice relates) . This plot also continues to "fly-tipped" and there are frequent bonfires (environmental health inspectorate are aware) . There have been difficulties in contacting the owner of this land .

Plot 3 Further action necessary concerning the recent stationing of a single caravan.

* Plot 4 The occupiers of have left and there are presently no caravans on this plot .

Plot 5 An appeal against an enforcement notice relating to use for the storage of van bodies has been withdrawn and the notice has now been complied with. Notwithstanding earlier prosecutions brought against owners/occupiers, this plot is still occupied by travellers caravans and further action is needed . Removal of

54


hardstanding is continuing but progress is intermittent and slow, probably as a result of the occupier(s) limited resources.

Plot 6 presently vacant .

* Plots 7, 8 & 9 Compliance is ongoing in respect of all enforcement notices .

A report is still to be prepared for Committee(s) detailing options/ recommendations for further action based on the current situation.

Last visit 2 December 1999.

18 .15 LAMBOURNE PARK FARM, LAMBOURNE END


* Unauthorised buildings * Business uses * Non compliance with conditions


An appeal against an enforcement notice issued in 1996, relating to use as livery stables is still held in abeyance.

* Planning permission has been sought for consent to use land/buildings for livery purposes . Plans Sub-Committee 'C' in August 1999 resolved to grant - . conditional planning consent subject to the owner entering into a legal agreement with the Council. That agreement has yet to be signed .

Investigation to resume when the matter of the legal agreement has been resolved . .

It is alleged that the roof space of the dwelling has been converted to living accommodation, contrary to a planning condition. In this regard, there is thought still to be no means of accessing the roof void from within the building . There are no powers of entry which would allow officers to break through the ceiling to inspect the roof void . Further visit to be arranged when the matters of the outstanding application and appeal have been resolved.

Allegation of "erection of structures" to be investigated .

Site last visited November 1999


18 .16 THE MALTINGS, LOWER SHEERING

Breach(es)

* Non compliance with conditions * Unauthorised advertisements * Unauthorised uses * Unauthorised alterations to listed buildings


Enforcement Notices issued in 1995/6 relating to unauthorised advertisements have been complied with . However a small number of new advertisements have been displayed . Most of these are of appropriate design and materials but there are a very small number of such recent signage which requires further investigation.

A recent single complaint has been received in respect of the use of a "unit" as a taxi office together with related equipmenUsignage . This is awaiting investigation .

Some unauthorised internal alterations which have been carried out remain to be investigated.

If it is decided to pursue these matters, the task may require considerable resources to resolve.

Site last visited on 2 December 1999.

18 .17 ROSEDENE, MAGDALEN LAVER


* Unauthorised uses * Compliance with Notice(s) & Injunction


Site visited following expiry of period for compliance with enforcement notice . Compliance has now been achieved . It should be noted that there are some site contents remaining which the enforcement notice does not require to be removed. A quantity of building materials have been retained on the site, by agreement, for use in the construction of a games room within the residential curtilage of Rosedene . A further visit is to be carried out in the new year to check whether construction of this building has commenced.

Site last visited in 11 October 1999.


18.18 GREENLEAVER NURSERY, HOE LANE, NAZEING.


Compliance with occupancy conditions (caravans) .


The appeals lodged against refusal of planning applications for stationing of additional caravans and the erection of a utility block was dismissed on 8 December 1999.

Following the two appeal decisions a report is currently being prepared for enforcement action in respect of the unauthorised

The site was last visited June 1999 (a joint visit with environmental services).

19. REPRESENTATION ON OUTSIDE ORGANISATIONS - JOINT COUNTY AND DISTRICT COUNCILS STRATEGIC LIAISON PANEL " '~'

Recommendations:

(1) That action taken in accordance with Standing Order A47(1) to appoint Councillor R Heath the Chairman of the Committee, to attend as approved duty a meeting on 10 January 2000 be noted; and - -

(2) That the Policy and Co-ordinating Committee be recommended to agree to a member representative and a deputy being appointed to attend future meetings.

19.1 (Chief Executive) The County Council's Planning Committee has established a joint Member Panel to consult with Essex District Councils on matters relating to County Strategic Plans.

19.2 A meeting of the Panel is to be held on 10 January 2000 and this Council will be represented by the Chairman of the Committee who has been appointed to attend in accordance with Standing Order A47(1) .

19.3 It is considered that the Council should continue to be represented on the Panel and members are asked to recommend accordingly to the Policy and Co-ordinating Committee.

Resource Implications : Finance: Members' allowances - a matter for the Policy and Co-ordinating Committee but could be met from existing provision.

~' ̀ Development Committee 11 January 2000

20. AREA PLANS SUB-COMMITTEES - PROGRESS REPORT

Recommendation :

That the information in respect of Area Plans Sub-Committees be noted.

20.1 (Head of Policy Unit) At the meeting of Development Committee on 15 April 1999, Members agreed to receive progress reports on Area Plans Sub-Committees at each meeting. The requested information in respect of meetings held between 20 October and 20 December 1999 is set out below. The letter in brackets after the meeting date indicates the relevant Area Plans Sub-Committee .

DATE DURATION OF MEETING

APPLICATIONS SPEAKERS PUBLIC REFERRALSTO DEVELOPMENT COMMITTEE

27.10.99(D) 38 mins 10 0 5 . 0

4.11 .99 (A) 3 hours 15 6- 6 1

10 .11 .99(B) I hr45 mins 1I 8 9 0

17.11 .99(C) I hr 10 mins 6 4 8 0

24.11 .99(D) 1 hr 10 mins 11 4 12 0

1 .12.99(A) 2 hrs 40 mins 16 5 10 0

8.12.99(B) 3 hours 17 16 40 0

15.12.99(C) 1 hr 5mins 10 1 6 0

I 20.12.99(D) 50mins 9 4 9 1

21 . SPECIAL MEETING TO CONSIDER THE PLANNING APPLICATION FOR REDEVELOPMENT OF THE CORE AREA AT GRANGE FARM

Recommendation :

That an extraordinary meeting of Development Committee be held on Tuesday 8 February 2000 to consider the application for the redevelopment of the core area of Grange Farm (EPF).

21 .1 (Head of Planning Services) As members will recall, at its meeting on 20 July 1999 the Council refused planning permission for the redevelopment of the core area of Grange Farm . The applicants have appealed against this decision and a public inquiry is to held towards the end of March 2000.

21 .2 A further application for the redevelopment of the core area of Grange Farm, including an amended Section 106 obligation has now been submitted which, if approved, may result in the public inquiry into the previous application being cancelled . It would therefore be appropriate to determine this application before the inquiry takes place.


21 .3 In order to allow time for this matter to be referred to Council, if members so minded, this Committee will need to determine the application in early February . As the next diaried meeting of this Committee is on 2 march 2000, it is recommended that a special meeting be held on Tuesday 8 February 2000 to consider the application. There are no other meetings scheduled for that evening.

22. MAJOR PROJECTS/PROPOSALS - PROGRESS (Minute 12 - 23.5.95)

Recommendation :

To note the progress of current major projects/proposals .

22 .1 (Head of Planning Services) The attached schedule (Appendix 8) gives details of the progress of major projects/proposals in respect of which the Committee has asked for reports at each meeting.

23. PROGRESS REPORTS (Policy and Co-ordinating Committee Minute 50(4) -6.12.94)

23.1 (Chief Executive) To consider any progress reports (other than those already,agreed for , submission on a regular basis) sought by Members for submission to the next meeting of the Committee.

24 . REPRESENTATION ON OUTSIDE ORGANISATIONS

24.1 (Chief Executive) To receive any oral reports from the Council's appointed - ". representatives on the proceedings of outside organisations which have met sinee the . . last meeting of this Committee:

Association of Essex Councils - Economic Development Steering Committee (Councillor Mrs J Davis) Epping Forest Business Centre Ltd (Councillor R Heath) Forest Enterprise Agency Trust (FEAT) (Councillors Mrs J Davis and M Heavens) Ongar (Former LECA Works) Consultative Group (Councillor L Martin) Planning and Traffic Issues - Joint Member Panel (Councillor R Heath) Stansted Airport Consultative Committee (Councillor J Harrington)

24.2 Members are invited to raise points of interest included in the minutes of relevant Category A outside organisations, copies of which have been placed in the Members' Room and have been listed in the Members' Information Bulletin since the last meeting.


PART C - INFORMATION ITEMS AND OTHER BUSINESS AND EXCLUSION OF PUBLIC AND PRESS

25. INFORMATION ITEMS

25 .1 (Chief Executive) Information items are now included in the Members Information Bulletin . Any Member wishing to raise any matter on an information item concerning the responsibilities of the Committee which has appeared in the Bulletin since the last meeting is asked to advise the Committee Secretary before the meeting.

26. ANY OTHER BUSINESS

26.1 Section 10013 (4)(b) of the Local Government Act 1972, together with Standing Orders A50(1) and A53 require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted .

26.2 Any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two week's notice of non-urgent items is required .

27. EXCLUSION OF PUBLIC AND PRESS

27.1 To consider whether, under section 100(A)(4) of the Local Government Act.1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated:

Agenda Exempt Information Item No. Subject Paragraph Number

Nil Nil Nil

27.2 To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972:

Item No. ub'ect

Nil Nil

27.3 Standing Order A27 requires that the press and public should be excluded from the meeting at no later than 10.00 p.m. subject to the completion of any item under debate or if the Chairman determines any further public business should be discussed before exclusion.

Epping Forest District Council APPENDIX I

Final Committee Agenda DC .AID For Committee meeting on : 03/11/1999 PCR2/1 .7 Decision Level : Development Committee and Plans Sub-committee

APPLICATION No : EPF/1166/99 Report Item No : 7

SITE ADDRESS : PARISH : Chigwell EPPING FOREST COUNTRY CLUB, ABRIDGE ROAD, CHIGWELL

APPLICANT : UK Leisure Holdings Limited

DESCRIPTION OF PROPOSAL : Single storey extension to accommodate new gymnasium and aerobics studio, cover to existing swimming pool and creche .

RECONMENDED DECISION : Refuse

1 . The site is within the Metropolitan Green Belt . The proposed works represent inappropriate development and are therefore at odds with Government advice, as expressed in PPG2, the policies of the adopted Local Plan and the Approved Essex Structure Plan . The latter state that within the Green Belt permission will not be given, except in very special circumstances for the construction of new buildings or for the change of use or extension to existing buildings except for the purposes of agriculture, mineral extraction or forestry, small scale facilities for outdoor participatory sport and recreation, cemeteries, or similar uses which are open in character . In the view of the Local Planning Authority the application does not comply with these policies, ` particularly with Policy GB3 of the adopted Local Plan relating'to built recreational development in the Metropolitan Green Belt .

2 . The proposed development would have a significant adverse effect upon the character and setting of the Grade II Listed Building .

Details of Proposal :

Extension to provide additional facilities for the club including a cover to the existing open air swimming pool, gymnasium, aerobics area, sauna, sunbeds area, creche and snack bar/refreshment area .

Description of Site :

Located to the north east of the main house adjacent to the range of single storey buildings which have recently been rebuilt - the application site currently accommodates the open air swimming pool . ,

Relevant History :

Planning permission for the replacement poolside buildings was granted in August 1997 . Prior to this in February 1996 a report was considered by Development Committee seeking Members views on a proposal to provide a building not only to replace the poolside buildings but also the provision of a swimming pool cover . This was opposed owing to the scale of the building and its impact on the green belt and adjacent listed building .

-i?

In January 1999 planning permission was refused for a building similar to that being proposed now .

I / Relevant Policies :

Metropolitan Green Belt policies - particularly GB3 - built recreational development .

Issues and Considerations :

The main issues relate to the differences between this proposal and that previously refused planning permission in January 1999 .

Fundamentally the scale of the building, and its position relative to the adjacent listed building remain unchanged . The differences concern what is to be incorporated into the building, and the use to be made of the swimming pool . Within the building there is to be a creche and an offer has been made to allocate the pool for a period of time each week for use by the Council .

With the pending closure of Loughton Pool for a period of 18 months the Head of Leisure Services has confirmed that the provision of additional facilities in the south of the district which could be used for "learning to swim" would be of benefit to the community . Members may consider that the benefits uo the community outweigh the original objection to the size of the proposed building and to the effect on the adjacent listed building .

However it should be pointed out that the possibility exists that the new Loughton Pool may have been completed before this proposal is implemented, particularly as, if this application is to be approved, it is essential that it be accompanied by a legal agreement requiring that the pool facility be made available for use by non club members and the preparation of such agreement could well be time consuming .

In these circumstances there are no real benefits to the community which could be guaranteed if the development were to proceed . Fundamentally there is no justification being made for a relaxation of Green Belt policy to permit indoor recreation facilities which by definition do not need to be sited in the Green Belt at all, and this application is therefore recommended for refusal for the reasons which applied to the previous submission .

SUMMARY OF REPRESENTATIONS : PARISH COUNCIL - Support this application provided that a satisfactory scheme for the landscaping of the site can be agreed and that the community use can be agreed by way of a legal agreement .

Epping Forest District Council Final Committee Agenda DC .AID For Committee meeting on : 03/11/1999 PCR2/1 .7 Decision Level : Development Committee and Plans Sub-committee

APPLICATION No : LB/BPF/1167/99 Report Item No : 8

SITE ADDRESS : PARISH : Chigwell EPPING FOREST COUNTRY CLUB, ABRIDGE ROAD, CHIGWELL

APPLICANT : UK Leisure Holdings Limited

DESCRIPTION OF PROPOSAL : Listed building application for the erection of a single storey extension to accommodate new gymnasium and aerobics studio, cover to existing swimming pool and a creche .

RECOMMENDED DECISION : Refuse

1 The proposed development would have a significant and detrimental effect

on the character of this Grade II Listed Building contrary to Policy HC10 of the adopted Local Plan .

Details of Proposal :

This is the listed building application for a single storey extension to accommodate new gym, pool cover, etc . referred to in the previous item . -


The main issues relate to the effect of the extension on the setting of this Grade II listed building .

The application has been the subject of a consultation with Essex County Council and the Listed Building Adviser and objections have been raised for the following reasons :

- This Grade II listed house has been considerably extended in the past and the additional size of this proposal would overwhelm the original building .

- Although the application form states that materials will match adjacent buildings the scale, design and materials of the proposed extension are unsympathetic to the historic house ."

For these reasons this application is recommended for refusal .

SUMMARY OF REPRESENTATIONS :

As per application EPF/1166/99 .

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. EPPING FOREST DISTRICT COUNCI John Gilbert M.C .I .E.H . M.R.S.H . Head of Environmental Services Civic Offices, High Street Epping, Essex, CM16 48Z Tel. 01992 564000 . rule

EPPING FOREST COUNTRY CLUB CHIGWELL

Scale 1 :2.500 Date 22/10/1999 The material contained in this plot has been reproduced from an Ordnance Survey map with permission of the Controller of Her Majesty's Stationery . (c) Crown Copyright . Unauthorised reproduction infringes Crown Copyright and may lead :o prosecution or civil proceedings. E.F .D .C . licence No . LA 077933 .

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Tel . 01992 564000

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APPENDIX 3

Summary of Representations

The following concerns have been expressed by some of the occupiers of the six addresses below . The points made by each resident are identified by the numbers adjacent their address.

(1) Green Belt site . (2) Worsen traffic congestion . (3) Council continues to build more houses on school sites. (4) Need a swimming pool in the development . (5) Why weren't previous school sites retained? (6) Will lead to further development. (7) Loss of amenity during construction . (8) Disruption from children . (9) Protected species on allotment site . (10) School is being built contrary to most people's wishes . (11) Adversely affect property prices . (12) Better alternative site available . (13) Locate community centre elsewhere .

10 Cassis Court 1,2,3,4 13 Rookwood Gardens 2,5 6 Kingsley Road 2,6,7,8,9,10 26 Lytton Close 2,4 222 The Broadway 2,8,11, 12 16 Church Close 2,8,13

Loughton Town Council - no objection, but reservations/observations:

Risk of noise/disturbance resulting from use of all-weather pitch Prefer to see day care centre to a day nursery Investigate areas of potential archaeological interest prior to building wor commencing .

Debden Park High School - entirely happy with proposals in detail .

Thames Water - no objection, subject to ensuring that development will not affect company's apparatus/water mains .

English Nature - need to bring possible presence of slow worms on allotment site to attention of developer. Need to take appropriate action and produce mitigation recommendations for this protected species .

Metropolitan Police - suggest seek compliance with principles of Secured by Design .

Sport England -

Sports Hall does not meet Sport England specification for size/layout ; Appears to be insufficient changing accommodation ;

66

Grass pitches of insufficient size for senior pupils ; Ensure that floodlight on all-weather pitch should meet Sport England requiremen but not intrude on neighbouring residential areas .

The Friends of Epping Forest - please ensure minimum light pollution and appropriate revisions required accordingly .

Environment Agency -

the rate of discharge into Pyrles Brook, relating to the school building, will be restricted to the equivalent flow rate generated from a 1 in 1 year storm event for the greenfield site ;

the remaining run-off is to be alternated, preferably in an open pond, with storage based on a 1 in 100 year storm event ;

discharge from other areas of the site should be restricted to reflect the same criteria as the school building .

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68

APPENDIX 5

ANNEX B Maximum Parking Standards

131 . This table should he read in conjunction with the text on parking in para,graph ., 31 to 36 .

USE NATIONAL MAXIMUM PARKING STANDARD THRESHOLD ABOVE WHICH 1 space per square metre(m°) of gross STANDARD APPLIES floorspace unless otherwise stated (gross floorspace)

Food retail 1 space per 18-20m' 1,000m,

Non food retail 1 space per 20-22m' 1,OOOm'

Cinemas and 1 space per 5 seats 1,000m, conference facilities

D2 including 1 space per 22-25m' . 1,000m, leisure

81 including 1 space per 35m' 2,500m' offices

Hospitals To be considered further, but as a general guide : 2,500m' 1 space per 4 staff + 1 space per 3 daily visitors

Higher and To be considered further, but as a general guide : 2,500m' further education 1 space per 2 staff

(any parking for students should be provided within this overall figure)

I Stadia 1 space per 15 seats 1,500 seats

I32 . The standards have been derived from :

an analysis of existing levels of parking at such developments ;

consideration of the potential for changing travel patterns for each use through measures such as green transport plans ; and

consideration of the potential effects on investment .

They are desiened to help reduce the ear dependency of development and promote sustainable transport choices, whilst at the same time presenting a realistic prnqo»itiun to which business and others can adapt . In many cases the proposed standards ;ire alreadl in use by one or more local authorities around the country .

Map Showing Proposed Extension of Policy STC10 -V

i, i / ,.11 ii

APPENDIX 6

APPENDIX 7

DEVELOPMENT COMMITTEE ESTIMATES 2000/01

DEVELOPMENT COMMITTEE ESTIMATES 2000/2001

Planning Services The overall aim is to provide essential levels of service in the Forward Planning, Conservation and Development Control functions, but allowing for additional posts and recharges to reflect increased workload . A sustained level of higher Development Control income is assumed without change to Government controlled fee rates.

Economic Development With Economic Development the aim is to consolidate existing levels of service including support for Town Centre Partnerships and the tourist information centre, reflecting the importance of economic regeneration .

Countrycare The Countrycare estimates have seen no significant variations .

Building Control These estimates include an extra post to help achieve adopted levels of service.

Service, Strategy & Regulation This represents the cost of co-ordinating the Development service in terms of policy and management . There has been an increase in allocations from Planning Administration in both . 1999/00 and 2000/O1 due to increased time spent on strategic issues .

General This budget has been prepared in accordance with the latest guidance issued by CIPFA . Detailed notes highlighting changes to the estimates are included against each service .

DEVELOPMENT COMMITTEE GENERAL FUND ESTIMATE SUMMARY

1998/99 1999/00 2000/01

Actual Original Revised Gross Gross Net Estimate Estimate Expend Income Expend

E000's E000's £000's f 000's E000's f 000's

1,520 1,218 1,245 Planning Services 1,664 365 1,299

118 122 136 Economic Development & Tourism 159 1 158

124 135 136 Countrycare 149 9 140

0 63 86 Building Control 496 368 128

39 35 40 Service Strategy & Regulation 55 0 55

1,801 1,573 1,643 2,523 743 1,780

1,437 1,514 1,580 Continuing Services Budget 1,574

0 35 54 Continuing Services Budget - Growth 55

0 (9) (55) Continuing Services Budget - Savings . (5)

1,437 1,540 1,579 Total Continuing Services Budget 1,624

406 39 70 Development Fund-Expenditure 156

(42) (6) (6) Development Fund-Savings 0

1,801 1,573 1,643 1,780

0 40 0 Capital Expenditure 40

' .'if . An,

73

1600

1600

1400

1 1200 I c

1000

0 800 I

600

400

I 200

1245

DEVELOPMENT COMMITEE NET EXPENDITURE 1999/00

136 136 86

n ® 40

Planning Economic Counlrycare Building Service Servues Development Control Strategy &

, Regulation

0 z

w

1800

1600

1400 1200

1000 800

600

400

200

1299

DEVELOPMENT COMMITTEE NET EXPENDITURE 2000/Ot

158 140

F011 OW-Well 128

n 55

Planning Economic Cnuntrycare Building Service Services Development Control Strategy & - Regulation

DEVELOPMENT COMMITTEE

DEVELOPMENT FUND & GROWTH ITEMS

1999/00 Original Revised Estimate Estimate E000's £000's

CSB Growth Items

Capital Programme Increased Asset Rentals 1

Forward Planning Policy Review - Post from P/T to F/T 3 3

Forward Planning Conservation/Street Furniture (3) (3)

Development Control 1998 Policy Review -(PDC19 F/T) 17 13

Building Control 1998 Policy Review -(PBP19 F/T) 6 4

Building Control Snr Building Control Surveyor (PBP/21) 19

Development Control Admin Assist (PDC/20 F/T) 6

Enforcement 1998 Policy Review -(PDC/18 P/T) 8 9

Development Control Fees & Charges (48)

Building Control Fees & Charges (6) (4)

26 (1)

Development Fund Items

Development Control Consultants - Northern Gateway 20 20

Development Control Consultants - Old Station Road 8

Economic Development Town Centre Partnerships - Contributions 12 12

Economic Development Economic Support (6) (6)

Economic Development 1998 Policy Review - Temp Post 7

Enforcement Galley Hill Enforcement Action 10

Building Control New Computer Equipment 1

Forward Planning Serplan Contribution 1

Forward Planning Student Placement (PPE/18) 8

Planning Services Various Compensation Claims 10

33 64

75

DEVELOPMENT COMMITTEE DEVELOPMENT FUND & GROWTH ITEMS

2000/01 Original Estimate f 000's

CSB Growth Items

Capital Programme Increased Asset Rentals 1 Development Control 1998 Policy Review -(PDC79 FIT) 4

Building Control 1998 Policy Review -(PBP19 F/T) 2

Building Control Snr Building Control Surveyor (PBP/21) 12

Development Control Admin Assist (PDC/20 F/T) 9

Economic Development Town Centre Partnerships Contributions 12

Economic Development Contribution - Walthain Abbey TIC 15

Building Control Fees & Charges (5)

50

Development Fund Items

Forward Planning Student Placement (PPE/18) 13

Forward Planning Local Plan (Temp - R5 3 Mths) 6

Development Control Additional Post - Temp 3 Years (R3) 17

Development Control Consultants- Northern Gateway 30

Planning Services Upgrading of Plantech System 90

156

76

DEVELOPMENT COMMITTEE PLANNING & ECONOMIC DEVELOPMENT

Forward Planning A temporary student placement post has been agreed until 31 August 2000 costing £8,000 in 1999/00 and £5,000 in 2000/01 . A District Development Fund (DDF) bid has also been made to extend this for a further year which will increase the cost in 2000/01 to L13,000 . A further DDF bid is made to employ a temporary planning officer to start the process of drawing up the next local plan . There has also been an increase in Planning Administration allocations in both 1999/00 and 2000/01 .

Conservation Policy The only change in 1999/00 relates to a slight increase in salary allocations . These however are reduced again for 2000/01 .

Development Control There are three DDF items under this heading in 1999/00 . The first relates to the Northern Gateway access road. This was originally agreed for 1999/00 at £20,000, however this was increased to £50,000 by Policy and Co-ordinating Committee on 29 June 1999 . It has now become apparent that only £20,000 will be spent this financial year with the remainder slipping into 2000/01 . It has also been necessary to make a £4,000 payment in settlement of a complaint relating to the construction of a nursing home adjacent to 9 Cedar Close . A report elsewhere on this agenda seeks the employment of specialist consultants in the sum of £8,000 relating to the retail developments at Sewardstone Road, Waltham Abbey and Old Station Road, Loughton .,

Other variations relating to 1999/00 include an increase in allocations from the Development Control group of £13,000 . £6,000 of this relates to a new admin post agreed by Resource committee of 13 July 1999 the remainder to allocation increases . Further increases are due to Support Service recharges (£14,000), design division recharges (£15,000), Planning Admin (£10,000) and other running costs (f6,000) .

In 2000/01 there are again three DDF items. The first relates to an additional temporary Development Control post costing £17,000, The second is the remaining £30,000 for the Northern Gateway access road enquiry and the third relates to the upgrading of the Plantech system (£45,000) .

Other variations relating to 2000/01 include an increase in allocations from the Development Control group of £17,000 which includes the full year effect of the previously mentioned admin post . There are also increases in allocations from the Forward Planning and Environment group (£24,000), Support Services (£14,000), design divisions (£3,000) and other running costs (£2.000) .

Finally offsetting some of the above is an expected increase in Development control fee income amounting to some £48,000 in each year .

Enforcement Both 1999/00 and 2000/01 have seen a substantial reduction in Support Service recharges . However in 1999/00 this is offset by a DDF item of £10,000 for enforcement action at Galley Hill .

Planning Appeal The payment of costs in connection with appeals at 8 Piercing Hill and the Bantham bowls club amount to £6,000 and account for the increase in 1999/00 . In 2000/01 although the budget is at the same level, it is for different reasons, being some minor increases in salary allocations and inflation .

DEVELOPMENT COMMITTEE PLANNING SERVICES

1998/99 1999/00 2000/01


E000's £000's £000's £000's £000's £000's

190 217 240 Forward Planning 240 1 239

142 148 152 Conservation Policy 146 0 146

784 429 451 Development Control 877 364 513

224 235 207 Enforcement 206 0 206

180 189 195 Planning Appeals 195 0 195

1,520 1,218 1,245 1,664 365 1,299

1,139 1,172 1,208 Continuing Services Budget 1,174

0 29 31 Continuing Services Budget-Growth 14

0 (3) (51) Continuing Services Budget -Savings 0

1,139 1,198 1,188 Total Continuing Services Budget 1,188

384 20 57 Development Fund - Expenditure 111

(3) 0 0 Development Fund - Savings 0

1,520 1,218 1,245 1,299


DEVELOPMENT COMMITTEE ECONOMIC DEVELOPMENT, COUNTRYCARE & BLDG CONTROL

Economic Development

The DDF item for support to the town centre partnerships of £12,000 has now been requested as a CSB item for 2000/01 onwards. There has also been an increase in allocations from the Policy unit, due to the assistant to the economic development officer post being made permanent as part a report to Resource Committee on 23 November 1999 . Other increases include depot allocations (£3,000) and support service recharges (£3,000) . In 2000/01 there is a CSB growth bid in the sum of £15,000 for a contribution to Waltham Abbey Tourist Information Centre .

Countrycarc

The increase here relates to increases in salary costs.

Building Control

A CSB growth item relating to the appointment of an additional Senior Building Control Surveyor was agreed by Resource Committee on 13 July 1999, which is expected to cost around £17,000 in 1999/00 and £30,000 in 2000/01 . The DDF bid relating to the upgrading of the Plantech system has also been included here in part amounting to £45,000. Income in 1999/00 is expected to be around £4,000 above the level originally budgeted and increase by another £5,000 in 2000/O1 . There has also been an £8,000 reduction in design division recharges, and an increase in Support Service recharges of £18,000 and £10,000 in 1999/00 and 2000/01 respectively . Finally a minor reduction in allocations from the Development Control group of £3,000 has occurred in 2000/O1 .

DEVELOPMENT COMMITTEE ECONOMIC DEVELOPMENT, COUNTRYCARE & BLDG CONTROL

1998/99 1999/00 2000/01


£000's £000's £000's f000's f000's f000's

118 122 136 Economic Development & Tourism 159 1 158

124 135 136 Countrycare 149 9 140

0 63 86 Building Control 496 368 128

242 320 358 804 . 378 426

259 307 332 Continuing Services Budget 345

0 6 23 Continuing Services Budget - Growth . .. 41

0 (6) (4) Continuing Services Budget - Savings (5)

259 307 351 Total Continuing Services Budget ,, 381

22 19 13 Development Fund - Expenditure 45

(39) (6) (6) Development Fund - Savings 0

242 320 358 426


80

DEVELOPMENT COMMITTEE 2000/01 SUBJECTIVE ANALYSIS

BUDGET Employee Expenses

Premises Related Expenses

Transport Related Expenses

Supplies and

Services

Third Party

Payments

External Contracted Services

Support Services

Asset Rentals

Gross Revenue

Expenditure

Other Reimburse & Coniribs

Fees and

Charges

Rents Net Revenue

Expenditure

£ £ E £ E £ £ E E E E £ £ PLANNING SERVICES Forward Planning 0 0 0 6,310 170,250 0 63,760 0 240,320 0 1,030 0 239,290 Conservation Policy 0 0 0 19,570 110,430 0 14,650 1,200 145,850 0 0 0 145,850 Development Control 0 0 0 90,950 520,250 0 266,230 0 877,430 0 363,880 0 513,550 Enforcement 0 0 0 1,080 172,690 0 31,900 0 205,670 0 0 0 205,670 Planning Appeals 0 0 0 32,990 126,820 0 35,520 0 195,330 0 0 0 195,330

ECONOMIC DEVELOPMENT 0 23,530 0 73,950 56,380 0 4,620 0 158,480 1,050 0 0 157,430

COUNTYCARE 0 0 0 20,670 125,890 0 2,560 0 149,120 0 8,910 0 140,210

BUILDING CONTROL Fee Earning 0 0 0 28,940 295,110 0 8,740 ' 0 332,790 0 343,000 0 (10,210) Non Fee Earning 0 0 0 49,000 102,850 0 11,280 0 163,130 0 25,500 0 137,630

SERVICE STRATEGY AND 0 0 0 20 6,700 0 48,200 0 54,920 0 0 0 54,920 REGULATION

TOTAL 0 23,530 0 323,480 1,687,370 0 487,460 ~ 1,200 2,523,040 1,050 742,320 0 1,779,670

DEVELOPMENT COMMITTEE CAPITAL PROGRAMME REVIEW

1998/99 OUTTURN - 1999/00 to 2003/04 FORECAST

1999/2000 1999/2000 2000/01 2001/02 2002/03 2003/04 I 5 YEAR ORIGINAL REVISED FORECAST FORECAST FORECAST FORECAST TOTAL

f000 f000 f000 f000 f000 £000 £000

Bobbingworth Tip 40 0 40 6 0 0 46 Pocket Park

TOTAL 40 0 40 6 0 0 46

CAPprog.XLS development

APPENDIX S

DEVELOPMENT COMMITTEE : 11 January 2000

Major Projects/Proposals : Progress

Royal Ordnance Site Planning permission for link road issued ("Waltham Park"), Waltham Abbey October 1996 ; scheme nearing completion .

Applications EPF/37/96 and EPF/38/96 Contact: John Preston granted August 1997, subject to Section

01992 564111 106 Agreement. Master Plan/detailed brief or agreed 8.9.98, updated 12.1 .99 . Individual

Peter Geraghty housing areas have been the subject of 01992 564112 specific applications, and 4 phases have

now been approved, including the first phase of the affordable housing .

Northern Gateway Access Road (NGAR), Planning application EPF/1277/96 for the Waltham Abbey portion of this development within our area

not determined . Includes Environmental~ Contact : John Preston Assessment. The Committee decided in .

01992 564111 March 1999 to oppose the proposal, in line with ECC and LVRPA. Inquiry expected in, 2000.

Royal Gunpowder Mills Site Comprehensive Business Plan for visitor (ex RARDE), Waltham Abbey attraction now produced giving detailed

arrangements for setting up an initial 2 Contact: Paul Sutton years of operation . Phase 1 expected to

01992 564119 open in April 2001 on a seasonal basis (April-September) . Residential development on western flank, by Wilcon Homes, entering final phase.

Metropolitan Police Training Site, Although there are no planning powers to Lippitts Hill require the Training site to relocate or

helicopter flights to cease because of Contact : Barry Land Crown Immunity, there have been

01992 564110 discussions with the Police Authority regarding alternative sites . The Police have indicated an intention to relocate firearms training but the time-scale is uncertain, and are also considering options regarding the helicopter base .

Grange Farm redevelopment, Chigwell Following public inquiry in July 1995, outline

planning permission granted on appeal for Contact : Ian White a place of worship, subject to a Section

01992 564066 106 obligation and a management scheme or for the open land . However, relocation of

John Preston Jehovahs Witnesses from existing site 01992 564111 jeopardised by Trunk Roads Review .

Clearance of existing buildings and structures has been required in interests of safety. Alternative planning application for residential development of core area, refused at Full Council 20 .7.99 . Public Inquiry scheduled end March 2000 . In the meanwhile further planning application submitted, with amended Section 106 Obligation (EPF/1842/99) .

Old Station Road, Loughton J . Sainsbury plc own land at Old Station Road and had objected to Deposit Local

Contact : John Preston Plan on the grounds that it does not 01992 564111 incorporate the site in the defined town

centre . Proposals by owners for retail store now emerging, with Member briefings . Widespread public consultation by Sainsburys in hand. Application expected soon.

Waitrose, Planning permission was granted, subject Buckhurst Hill to the completion of a legal agreement, in

July 1998 in respect of an expansion of the Contact : Barry Land existing store . Work is almost completed .

01992 564110

Loughton Pool Redevelopment Outline planning permission granted 17.2 .97 . A redevelopment of the existing

Contact : Barry Land pool is being pursued ; planning permission 01992 564110 granted 25 .5 .99 . Start delayed due to

amendments necessary to secure a Lottery award, but scheduled for March 2000 .

Debden Park High School Planning permission issued April 1999 . Willingale Road, Loughton Section 106 agreement entered into .

Detailed application reported on this Contact : Alan Storah Agenda for decision .

01992 564100

Future of site of former Ongar Comprehensive School

Contact : Alan Storah 01992 564100

Former Epping-Ongar Railway Line

Contact: Alan Storah/lan White 01992 564100/564066

Town Centre Partnerships

Contacts : Alan Storah/lan White 01992 564100/564066

or Phil Vohmann 01992 564289

The District and County Councils support the site's continued use for employment leisure and community purposes. County are pursuing private finance involvement which would entail the private sector identifying various options . The site has been retendered for sale, a preferred builder has been selected, and discussions af officer level are advancing.

Transfer to Epping-Ongar Railway Ltd . (ex-Pilot Developments) has now gone ahead . Officers liaising with EORL to ascertain their intentions and offer advice as necessary/appropriate . Members recently briefed about major difficulties with interchange at Epping.

Partnerships agreed in principle with other parties for six main town centres ; steering groups established, and programmes of work initiated . Finance agreed by District-, Council for pump-priming support 1999-00,`~ supplemented by Council officers . Business Plans agreed or in preparation, for all partnerships .

PUISUJJS: 21 .12.99 PMGPROG

EPPING FOREST DISTRICT COUNCIL

Committee : Development Date: 8 September 1998

Place: Civic Offices, Time: 7.30pm High Street, Epping

Room: Council Chamber Committee Secretary: S L Tautz (Direct Line (01992) 564180)

SUPPLEMENTARY AGENDA

21A. Referral from Plans Sub Committee ̀ B' - Erection of Detached Dwelling at Copped Hall Estate, Waltham Abbey (EPF/313/98)

Recommendation :

That the Conmnittee determine an application for planning perntission for the erection of a detached dwelling at the Copped Hall Estate .

21A. I (Head of Planning Services) This application was considered by Plans Sub- Conunittee `B' at its meeting on 13 July 1998, when consideration was deferred to enable Members to visit the site prior to expressing views on the proposal.

21A.2 The site visit took place on 10 August 1998 and the application was considered further by the Sub-Committee on 24 August 1998 . Members of the Sub-Committee recognised that, should they resolve that permission be granted for the proposed development, the matter would need to be determined by this Committee, since such a decision would represent a departure from adopted policy . A recommendation to grant permission would however be supported by the Head of Planning Services, in view of the benefits gained from the positive management of the walled garden by the Copped Hall Trust.

21A.3 A copy of the original report made to the Sub-Committee in regard to the application is attached as an annex to this supplementary agenda and the recommendation of the Sub-Committee will be reported orally to the meeting

21A.4 The Chairman of the Committee has determined in accordance with section 100B(4)(b) of the Local Government Act 1972, that this matter be referred to the meeting as a matter of urgency, in order not to delay the determination of the planning application by a further Committee cycle.

Resource Implications : Nil

Epping Forest District Council Final Committee Agenda DC .AID For Committee meeting on : 13/07/1998 PCR2/1 .7 Decision Level : Development Committee and Plans Sub-committee

APPLICATION No : 8PF/313/98 Report Item No : 21

SITE ADDRESS : PARISH : Waltham Abbey ADJACENT WALLED GARDENS, COPPED HALL ESTATE , WALTHAM ABBEY APPLICANT : The Copped Hall Estate

DESCRIPTION OF PROPOSAL : Erection of detached dwelling and conversion of existing outbuildings to garage .

RECOMMENDED DECISION : Grant Permission

1 . To be commenced within 5 years .

2 . No development shall take place within any part of the site unless the agreement of the Local Planning Authority has been obtained, following the carrying out of an archaeological field evaluation, either that there are no nationally important archaeological remains within that part of the site, or that such remains are adequately safeguarded by the taking of specified measures . In the latter case, development within that part of the site shall not take place in accordance with such specified measures .

3 . No development shall take place within any part of the site 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 by the Planning Authority .

4 . Materials of construction to be agreed .

5 . Drainage details to be agreed

6 . The proposed outbuildings shall be used solely for the domestic needs and personal enjoyment of the occupants of the dwelling and shall not be used for any form of business or commercial use whatsoever .

7 . Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any other order revoking, further amending or re-enacting that order) no development generally permitted by virtue of Part 1 Classes A - H inclusive, shall be undertaken without the prior written permission of the Local Planning Authority .

8 . Retention of existing trees and shrubs .

9 . Submission of landscaping scheme .

SUBJECT also to the entering into of a SECTION 106 LEGAL AGREEMENT within 1 year, to ensure that the walled garden is gifted to the Copped Hall Trust together with land to allow trust members to access the area and park their vehicles, and that a further agreement be entered into to ensure the existing brick "potting shed" is safeguarded against any future application for its conversion to a separate dwelling unit .

_ails of Proposal :

Erection of detached dwelling and conversion of existing outbuildings to Garage and storage .

Description of Site :

Area of land to the west of Copped Hall and directly north of the walled garden . Site currently well screened by mature shrubs and trees . Dwelling with outbuildings to west, open land although well planted to east and north . Walled garden to south with existing brick and glasshouse structures attached .

Relevant History :

None relevant to this specific application .

Relevant Policies :

Metropolitan Green Belt HC2 (development affecting sites of archaeological significance) HC7 and HC8 development within Conservation Areas HC13 Development affecting the setting of LB's HC16 Copped Hall


Given the application site's inclusion within the Green Belt, the Copped Hall Conservation Area and within a Grade II " Historic Park and Garden the main considerations here are the appropriateness of the proposals and the preservation and enhancement of the Conservation Area and to consider any very special circumstances .

PPG2 (Green Belt) sets out those forms of development that are appropriate within a Green Belt . Residential development is not one of those forms and therefore the proposals must be considered inappropriate .

In this case, however, the applicants have put forward a case of very special circumstances the details of which must be considered .

The application site and its immediate surroundings including the adjacent historic walled garden is currently owned by the applicants Copped Hall Estate . The applicant has offered as part of this submission to transfer the freehold ownerships of several parcels of land, including the whole of the walled garden, a principal integral part of the mansion's original gardens, to the Copped Hall Trust .

The Copped Hall Trust is a Building Preservation Trust and was set up in 1993 as a charitable trust in order to acquire the Mansion and its grounds . The Council's local plan recognises the establishment of the trust and its aims and in Policy HC16

and subsequent paragraphs sets out a framework and strategy by which the acquisition and preservation of the mansion and its grounds may be achieved .

This application, therefore, provides an important opportunity for the Trust to acquire an important element of the historic gardens, which ultimately the general public will be able to visit .

A further area of land is also offered to the north east of the application site which would provide a vehicular access to the walled garden and car parking area for the trust and its contractors . This facility would allow for easier access to the walled garden area for restoration and general maintenance works .

It can be seen, therefore, that a consent for development of the application site with a single dwelling would result in a large and important element of the historic gardens of Copped Hall being safeguarded for the future and for the general public's benefit in accordance with the desires of Policy HC16 . This in itself is considered to amount to a very special circumstance .

Whilst as pointed out above the proposal would normally be considered inappropriate development the dwelling's siting and design is such that it would not impinge greatly on the openness of the Green Belt, or detract from the character or appearance of the Conservation area .

Several existing dilapidated timber frame buildings within the site are proposed for renovation and conversion to form garages and storage for the new dwelling . A large glasshouse attached to the listed wall will also be restored . These works would make a positive contribution to the visual appearance of the Conservation Area .

To the rear of the proposed dwelling, but just outside the application site, is a substantial brick built lean-to building, which ordinarily may be considered suitable for conversion to residential use . Indeed government guidance and local plan policy would allow for such conversion in suitable circumstances . The applicants have, however, further agreed to enter into a legal agreement precluding its future conversion as a separate residential unit . Whilst this would have no direct bearing on the current application proposal it would safeguard the area from future development pressure and can be considered an additional gain to the Conservation Area .

Conclusion

Although the proposed dwelling amounts to inappropriate development within the Green Belt it is considered that its construction would be unlikely to detract from the openness of the Green Belt . Furthermore, planning consent for the dwelling would lead to the renovation and protection of existing buildings to the benefit of the area in general and ensure the permanent protection of the historic walled garden and its reunification with the Copped Hall Mansion . Under the defined charitable objectives of the Copped Hall Trust controlled public access will be provided to an area which previously was not available thus benefitting the historic integrity of the mansion and grounds and fulfilling the aims of Local Plan

policy .

These gains are considered to amount to very special circumstances sufficient to warrant setting aside the normally strong presumption against development . Therefore, this application is recommended for approval subject to the entering of Section 106 agreements to ensure :(1) that the walled garden is gifted to the Copped Hall Trust together with certain land to allow trust members to access the area and park their vehicles, and (2) that a further agreement be entered into to ensure the existing brick "potting shed" is safeguarded against any future application for its conversion to a separate dwelling unit .

SUMMARY OF REPRESENTATIONS : EPPING UPLAND PARISH COUNCIL - No objection . WALTHAM ABBEY TOWN COUNCIL - No objection . FRIENDS OF EPPING FOREST - Attempt at more creeping urbanisation of Green Belt and Conservation area, good to see walled garden transfered to Trust but not more building on estate . EPPING SOCIETY - Object on grounds of unacceptable incursion into Metropolitan Green Belt . COUNCIL FOR THE PROTECTION OF RURAL ESSEX - Object, do not consider offer to assign Walled Garden to Trust to be worthy of consideration, apart from important principle involved, unlikely that walled garden would benefit from transfer as remedial work would receive low priority . UPSHIRE VILLAGE PRESERVATION SOCIETY - Object, would set undesirable precedent for new dwelling in the Green Belt . Respectfully suggest proposal would enable owner to shift responsibility for walled garden onto Trust whilst at the same time gaining planning permission for new building . CONSERVATORS OF EPPING FOREST - Object on Green Belt grounds, but if consent is granted suggest legal agreement is entered into regarding walled garden and potting shed to protect it from future conversion to-dwelling .- - -

Documents

Epping Forest District Council - Meetings, agenda, and minutes