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PLANNING AND REGULATORY COMMITTEE

8th March 2016

PLANNING APPLICATIONS FOR DETERMINATION

Item 1: 07/15/1136/F Location: Brook Farm, Cuffley Hill, Goffs Oak, Herts. EN8 4EX Description: Change of use of land for holding 15 wedding receptions

during the months from 1 March and 30 September each year, with camping for a maximum of 50 wedding guests to take place on the same date that a wedding reception takes place.

Applicant: J I Thomas & Son Date Received: 26.11.2015 Date of Committee: 08.03.2016 Officer Contact: Gill Forbes Expiry Date: 21.01.2016 Ward Members: Cllr M Mills – Bishop, Cllr P Moule, Cllr J Pearce 1. CONSULTATIONS 1.1 Environment Agency - no objection as long as the LPA is satisfied the proposal

complies with ‘Flood Risk Standing Advice (FRSA) and subject to an informative in relation to any proposed works within 8 metres of Cuffley Brook.

1.2 Environmental Health – No objection subject to conditions to prevent use of

bonfires, fireworks or laser light displays, restriction to noise levels so that they are inaudible at surrounding residential properties, restriction to hours of wedding events, applicant to advise EH in writing of details before each event including numbers of guests, and implementation to be in accordance with details contained within the Planning Statement.

1.3 Hertfordshire Highways – no objections subject to conditions to better define

vehicular access to the site and for on-site vehicular areas to be accessible, surfaced and marked to prevent parking of vehicles on the highway.

1.4 Welwyn and Hatfield Council – No comments to date (also have application

submitted for camping as site straddles boundary of both Borough’s).

RECOMMENDED that planning permission be granted for a temporary period of

five years subject to the conditions set out at the end of this report.

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2. PUBLICITY 2.1 The application has been advertised by means of a site notice, newspaper advert

and letters to occupiers of neighbouring properties: expiry 28 December 2015. 3. REPRESENTATIONS 3.1 Ten letters of support and fifty letters of objection have been received.

The concerns raised are summarised as follows:

Inappropriate development in the Green Belt;

Green Belt land should be maintained as permanent open land without any development;

Sets precedent for change of permanent use of Green Belt land;

Conflict with character of area;

Noise disturbance to local residents;

Condition set on temporary permission has not been adhered to and music has been heard from long distance from the venue ;

Light pollution from venue;

Prevents local residents enjoying the peace and tranquillity of their own gardens through the entire summer months;

Detrimental to tranquillity of countryside;

Event marquees visible from public footpaths which visually harms area of outstanding beauty;

Introduction of camping facility will add to noise and disturbance to local residents;

Detrimental to wildlife and no badger or bat surveys carried out;

Disturbance extends over several days due to the need to erect and take down structures and equipment;

Increased traffic generation along Cuffley Hill;

Dangerous position of access to site could lead to highway safety issues;

No commercial benefit to local community suppliers etc located as far away as Norwich, Luton and Cambridgeshire;

Could lead to more permanent structures on the land, showers etc. for the camping;

Proposed camp site is in a hazardous location as close to the lake;

Destruction of farming resource;

No mention of numbers of staff required on site or limits to number of public attending events, should be limited for safety reasons;

Site lies in a natural valley with no barriers to residential dwellings so noise carries;

Applicant states that no works or physical changes to the land are required, but there is significant earth moving taking place.

Letters of support have been received independently from businesses including a taxi firm, local café providing take away breakfast service, local farm supplying hay bales and the supplier of sound equipment, and local residents in addition to letters submitted by suppliers which were enclosed as support for the application.

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4. RELEVANT LOCAL PLAN POLICIES 4.1 The following policies of the Borough of Broxbourne Local Plan Second Review

2001-2011 (adopted December 2005) apply: SUS8 Noisy development

SUS9 Requirement for a noise impact study SUS16 Flood Risk Assessments GBC2 Development within the metropolitan Green Belt GBC6 Proposals for non-agricultural uses of Green Belt land GBC7 Buildings required in association with predominantly open uses of

Green Belt land GBC14 Rural diversification GBC16 Landscape character areas and enhancement T3 Transport and new development T11 Car parking

4.2 Also applicable is the National Planning Policy Framework (NPPF) March 2012. The chapters of particular relevance for this application are 3 (Supporting a prosperous rural economy), 9 (Protecting Green Belt land) and 11 (Conserving and enhancing the natural environment).

5. LOCATION AND DESCRIPTION OF SITE 5.1 Brook Farm occupies approximately 182 hectares of land that lies within the Green

Belt adjacent to the eastern boundary of the Borough of Broxbourne. The land in this area is strongly undulating with a mixture of open farmland and wooded areas. Cuffley Brook runs north-south along the western boundary of the farmland. Parts of the farm lie within flood zones 2 and 3. Public footpaths situated on higher land provide access to the countryside providing views across Brook Farm.

5.2 The farm is an agricultural holding. Dairy and beef farming previously operated at

the site but this use has been replaced by arable farming, together with the provision of facilities for a range of leisure activities, including game and clay pigeon shooting, hiring of land for events, and leasing of farm buildings for storage to several separate companies. The use of farm buildings for leasing for storage were subject to a retrospective planning application and certificate of lawful use which were approved in 2015.

5.3 Cuffley Hill which is a busy B classified road linking Cheshunt and Cuffley bisects

Brook Farm. The farm house and a number of large barns lie on the northern side of the highway, and open grassland and fields of crops on the southern side. An unmade track on the southern side of the highway provides access through a gateway into the farm off Cuffley Hill. The track leads south until it terminates at a turning head to the south of a lake which is surrounded by mature trees with a relatively level area of open grassland adjacent. It is this area of land where marquees have been periodically erected and events such as wedding receptions have taken place since 2011. This area of land is subject to the proposed change of use.

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5.4 The event area is approximately 4.6 hectares and comprises grassland, lake, Cuffley Brook, farm track and turning head. The land straddles the boundary between the Borough of Broxbourne and Welwyn and Hatfield District Councils. There is space provided for the erection of temporary marquees, ancillary catering tents and portable toilets, with vehicle parking to the side of the track adjacent to the lake. The site is located within a natural amphitheatre with higher ground consisting of farmland and woodlands surrounding it.

5.5 There are bus services running along Cuffley Hill and Cuffley Railway Station lies to

the north-west of Brook Farm. However, the location of the event venue is set a long way back (approximately 0.89km) from the highway down an unlit farm track so it would not be likely that wedding guests would arrive on foot.

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Site plan showing proposed wedding event/camping area.

Administrative boundary between BoB and WHDC

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Wedding event with tepees being set up as viewed from

public footpath 15th

May 2014.

Wedding event site.

Marquees being set up for wedding event 1st May 2014

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Section of the farm track forming the route between the entrance to the

southern area of Brook Farm, and the lakeside venue.

Section of the turning head, with open grassland beyond which is

available for guests attending wedding events to camp overnight.

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6. PROPOSAL 6.1 The proposal is for a change in the use of the land to allow 15 weddings with

camping offered for up to 50 guests for weekends between 1 March and 30 September.

6.2 The proposed use of the land for wedding events and related camping would also

include land within Welwyn and Hatfield Council where the majority of the land for camping provision would be located. A concurrent application has been submitted to Welwyn and Hatfield Council for the proposed camping although this application has not yet been determined.

6.3 The applicant advises that the 4.6 hectares site lying in the southern area of Brook

Farm was offered as a venue for wedding receptions from 2011. At this time permitted development rights were applied which allow the temporary change of use of land for no more than 28 days in any calendar year. The applicant also advises that camping for up to 50 wedding guests was offered on the night of the wedding.

6.4 For the purpose of calculating the 28 day period the time to set up and take down

marquees and equipment has been included and the applicant advises that each wedding event involves activity on the site over a 5 day period, for example:

Thursday – setting up equipment and temporary structures; Friday – decoration of marquee Saturday – event takes place Sunday – clearance and dismantling of temporary structures begins Monday – site cleared

Wedding event layout being constructed with the lake on

the left and marquee on the right.

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6.5 As part of the consideration of the 2014 application the permitted development ruling in planning for the inclusion of setting up and site clearance periods within the 28 days was checked by the Council with a barrister. He concluded that the preparation and clearing away before and after events should be included within the 28 day period.

6.6 The applicant advises that the demand for the number of wedding events has

increased since first introduced in 2011. As a result the 28 day period was exceeded in 2013/2014 and planning permission was required to continue using the land for weddings. An application to this effect was made in 2014 and granted temporary permission for one year. As the applicant wishes to continue indefinitely to offer the same area of land for wedding events beyond the one year period (expires 29 February 2016), and include ancillary camping (the main area of land offered for camping falls within Welwyn and Hatfield District Council’s boundary), this application has been submitted to apply to continue the use. An identical application has been submitted to Welwyn Hatfield District Council and is yet to be determined.

6.7 The wedding events typically involve up to 250 guests (an increase of 50 from the

previous application). Informal parking is provided within the site based on an estimated 80 cars. An indicative parking plan shows an informal parking area, with many cars tandem parked between the track and the lake. It is stated in supporting documentation that additional overspill parking can also be accommodated within the site if required.

6.8 When wedding events are held, mobile WC units are provided on the site, and

removed as part of the site clearance when the marquees etc. are taken away. The applicant advises that no shower or other washing facilities are to be provided and no permanent structures are to be erected.

7. RELEVANT HISTORY 7.1 A change of use application was approved in 2008 for the use of a garage (within

the part of Brook Farm situated to the north of Cuffley Hill) as a shoot reception area – reference 7/436/08 - so it is likely that game and/or clay pigeon shooting was already taking place at Brook Farm. A few noise complaints were received by Environmental Health Services in relation to game shooting at the site.

7.2 7/14/0294/F – An application to change the use of 4.6 hectares of the land at Brook

farm for holding 25 weddings was considered by the Committee last year. Members gave a conditional temporary planning consent for holding no more than 15 weddings on weekends between 1 March and 30 September over a maximum of 75 days for a temporary period between 1 March 2015 and 29 February 2016. This was to allow the Council the opportunity to review the situation.

7.3 Conditions imposed on that temporary planning permission included the restriction

of the number and timing of wedding events, noise levels emitted from the site to be inaudible at surrounding residential properties, allocated area for parking and turning of vehicles, and point of access. The use was also restricted for the benefit of J I Thomas & Son only. The same conditions could be applied to for any further grant of permission.

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8. APPRAISAL

Principle of the development within the Green Belt 8.1 The site is located within the Metropolitan Green Belt. The proposed use is, by

definition, inappropriate development within the Green Belt as it does not benefit from any of the exemptions set out in the NPPF.

8.2 Paragraph 87 of the NPPF accepts that planning permission may be given for

inappropriate development in the Green Belt, but only where there are very special circumstances. Paragraph 88 of the NPPF advises that very special circumstances will not exist unless the potential harm to the Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

8.3 Within the application submission, the Applicant identifies a series of matters which

they consider provide their case for very special circumstances to the justify permitting the development. The Applicant refers to matters including:

The need for the wedding events to take place to financially support the continued agricultural enterprise at Brook Farm;

Benefits to the local economy arising from the use of local business for ancillary goods/services (taxis, cafés, florists, caterers, photographers etc); and

The social benefit of the provision of this type of wedding venue. 8.4 In appraising the applicant’s case for very special circumstances, it is first

necessary to determine the extent of harm arising from the proposed development. The proposed use, in addition to being inappropriate in the Green Belt by definition, also has an impact on the openness of the Green Belt. This harm arises in particular from the erection of marquees, tents, portable toilets, catering facilities and car parking.

8.5 In relation to the 2014 application Members were agreeable to the holding of 15

wedding events over no more than 75 days between 1 March and 30 September. The open rural appearance of the site remains for over half the number of weekends during 1 March to 30 September and the marquees are only visible for a temporary period with the site returned to its original rural appearance in between weddings.

8.6 Although this proposal includes the provision of tents for camping this could be

restricted (in relation to land within the administrative control of Broxbourne) to the night of the wedding and would be conditioned to not extend beyond the land identified on drawing number 26334/050 Rev A.

8.7 It is not considered that the addition of tents for up to 50 people would detract

significantly further from the openness of the Green Belt, bearing in mind that they would be limited by condition as set out in the preceding paragraph. No additional facilities would be provided other than the tents for sleeping in – campers would utilise the toilet facilities already on site for the wedding event and as camping would only be permitted for the one night, no additional showering/washing facilities are proposed. A planning condition could be imposed to limit the use of additional lighting which could impact on the Green Belt.

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8.8 The applicant has raised three main grounds which they consider contribute towards

their very special circumstances. These will be considered in turn. Supporting the farming enterprise 8.9 Brook Farm’s accounts between the years ending April 2009 to April 2015 show that

income from the arable farming and shoots fluctuates greatly year on year. As a result some years have resulted in an overall loss; for example, 2014 (-£1,391) and 2015 (-£22,989). The profit or loss can be attributed to the fluctuation in returns from crops and in an inconsistency in income from shooting events. ‘Very special circumstances’ may be appropriate if there is a substantial economic need. The applicant has demonstrated that there is a need for income derived from other ventures to support the farming enterprise. Although the revenue from wedding events would not be sufficient to fully support the farming business it does provide an income stream to help alleviate losses from the farming business.

8.10 The NPPF paragraph 28 supports the development and diversification of agricultural

and other land-based rural businesses and rural tourism and leisure developments that benefit businesses in rural areas, and which respect the character of the countryside. The proposal complies with Policy GBC14(iii), which requires that farm diversification schemes are of a scale and character appropriate to the rural location and that associated activity will not materially exceed that traditionally associated with the holding. Officers consider that considerable weight can be applied to this consideration in relation to the Applicant’s case for very special circumstances.

Economic benefit

8.11 Information submitted with the application indicates that the economic benefits to

other businesses within the locality are limited, as many wedding couples prefer to use businesses from outside the immediate locality. However, there is a wider benefit and some limited weight can therefore be applied to this as contributing towards the case for very special circumstances. Whilst it is agreed that wedding couples should have the opportunity to select businesses from beyond the locality to service their wedding events, the applicant could assist with the promotion of local businesses. This is considered reasonable and necessary to support the requirement for very special circumstances to be demonstrated and could be secured by a planning condition requiring promotional material to be provided to wedding couples.

Social benefit 8.12 The facility delivers a social function by providing an attractive alternative venue

within the Borough for wedding events. Although only limited weight can be applied to this, it is considered that is does contribute towards the overall case for very special circumstances.

8.13 Overall, although the development is inappropriate within the Green Belt, the

case for ‘very special circumstances’ is sufficient to justify permitting the development, subject to limitations regarding the number, duration and scale of wedding events.

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Impact on amenity of local residents from noise and vibration levels

8.14 A total of 50 objections have been received from local residents relating to the use

of the site for weddings. Many of these relate to disturbance from music heard within the vicinity of the venue. However, the applicant has liaised with the Council’s Environmental Health Service since the previous temporary consent was granted with a condition requiring music from the site to be inaudible to surrounding residential properties. Environmental Health officers have carried out unannounced monitoring throughout 6 of the 15 wedding events held last year and confirm that music could not be heard at the various receptor sites visited during monitoring.

8.15 Environmental Health is satisfied that the equipment that has been used to date,

and could be required for continued use at future events, is successful in limiting noise from the venue.

8.16 Whilst the presence of campers overnight on the site would extend the use into the

night, a planning condition could be imposed to ensure that suitable security/overnight supervision is provided on site to manage the campsite and ensure that there is no excessive noise.

8.17 It should be noted that the grant of planning permission would not prejudice the

Council’s Environmental Health section from pursuing action under the Environmental Protection Act 1990, should there be a failure in the management of noise levels which results in statutory nuisance.

8.18 The proposal complies with Local Plan Policy SUS8 relating to noisy

development.

Highways, Access and Parking 8.19 Cuffley Hill is not regarded as a ‘rural road’ and the vehicles visiting the site enter

and exit via an existing farm gateway and travel along an internal farm track. The highway authority has assessed this proposal in light of a Transport Statement and trip survey submitted with the 2014 application. No objection was raised then, or now, subject to the improvements being made to better define the site entrance and for on-site vehicular areas to be surfaced and marked to the Local Planning Authority’s approval. However, any changes would have to be suitable to retain the appearance of the understated farm entrance. Furthermore, due to the temporary nature of the events and the need to return the Green Belt to its natural state, it is not considered appropriate for permanent surfacing and demarcation of the parking areas.

8.20 Proposals have been received for temporary signage and this is being considered

in consultation with the local highway authority. 8.21 In terms of Council parking standards, the site is large and there is ample space to

park more than the 80 cars estimated to attend the wedding events as detailed in the Transport Statement without creating any overflow parking on the highway.

8.22 The proposal is considered to comply with part v of GBC14 and Policies T3

and T11.

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Other matters

8.23 Disturbance to wildlife has also been raised as a matter of concern. However the site is situated close to the edge of the residential settlement of Cuffley and accessed via Cuffley Hill. There is also constant background noise from traffic on the M25 and trains pass through the farmland via a viaduct so any wildlife would already be subjected to noise disturbance in addition to the operation of the wedding and other events taking place on Brook Farm. An ecologist was consulted in 2014 by the applicant’s agent who, after comparing the proposal to other noisier scenarios does not consider that there would be any detrimental impact on wildlife.

8.24 With regard to flood risk, the location of the wedding events is considered to be the

most appropriate within Brook Farm being an open grassed area and not part of land used for crops. Furthermore, the applicant has advised that no structure would be positioned within 8 metres of Cuffley Brook.

9. CONCLUSION 9.1 The continuation with 15 wedding events and the proposed associated camping on

a 4.6 hectare area of farmland from 1 March to 30 September would represent a small percentage of the total farm land and would not prevent, or dominate the agricultural use. Neither would there be any detrimental impact on existing employment on the site. Therefore, the use complies with Policy GBC14 (I and II).

9.2 Overall it is considered that there is a case for very special circumstances which

outweighs the harm to the Green Belt . 9.3 Monitoring of noise levels from the site by Environmental Health has demonstrated

that noise mitigation measures implemented have been put in place and are considered effective in preventing disturbance to local residents.

9.4 Although the application is for a permanent use of the site for wedding events it is considered more appropriate for the Council to be able to continue to review and monitor the use of the site given the fluctuations in the finances of the farm business, the Green Belt location and the potential for noise disturbance. It is therefore, suggested that should Members be minded to grant permission, this should be for a temporary period of five years. The applicant however, has requested that a longer time frame of at least 10-15 years be allowed to achieve a stable source of income for the farm for long term planning.

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RECOMMENDED that planning permission be granted subject to the following conditions:

1. Limited permission (10 March 2016 to 28 February 2021) 2. Development in accordance with numbered plans 3. Associated camping to be limited to the hatched area shown on drawing

26334/050 Rev A 4. Associated camping for a maximum of 50 wedding guests to occur only on

the night of the wedding event 5. Wedding event management plan including details of support staff (e.g.

security, car parking direction, supervision). 6. Personal permission – applicant 7. Days of use – Thursday to Monday 8. Hours of use Friday to Saturday 09:00 – 01:30 & Sunday 09:00 – 23:30

(excluding camping) 9. Thursdays set up only. Monday take down only 10. Restriction to use applied for – land – max 15 events over 75 days 11. Noise levels – inaudible at surrounding residential dwellings 12. Details of lighting to be submitted 13. Access – Cuffley Hill 14. Details to be submitted setting out the promotion of local services and

business. 15. No fireworks, lasers, bonfires

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Item 2: 07/15/0715/F Location: Cheshunt Park Farm, Park Lane, Cheshunt, Herts, EN7 Description: Redevelopment to provide 14 residential dwellings Applicant: Mr J Harvey and Mr C Harvey Agent: Pastina Matthews Architects Date Received: 30.07.2015 Date of Committee: 08.03.2016 Officer Contact: Peter Quaile Expiry Date: 27.10.2015 Ward Councillors: Cllr Ball-Greenwood; Cllr Hart; Cllr Seeby 1. CONSULTATIONS 1.1 HCC Highways – No objection in principle subject to detail – written confirmation

awaited.

1.2 HCC Environment – Requests compliance with the County Council s.106 toolkit in relation to primary education, childcare, youth services and library services to a total of £56,626 (see paragraph 8.27).

1.3 HCC Flood Risk – No objection subject to conditions.

1.4 Environmental Health – No objection in principle subject to a scheme of remediation/validation to ensure that the land is fit for human habitation.

1.5 Herts and Middx Wildlife Trust – No objection as there will not be an impact on protected species.

1.6 Herts Constabulary – Requests an informative that the applicant should seek Secured by Design Accreditation.

2. PUBLICITY 2.1 The application was advertised by means of a site notice, newspaper advert and

neighbour letters which expired on 30th August 2015.

RECOMMENDED that planning permission be granted subject to the application first being submitted to the Secretary of State as Green Belt development under the Town and Country Planning (Consultation) (England) Direction 2009, and subject to the conditions at the end of this report and the applicant first completing a planning obligation under s.106 of the Town and Country Planning Act 1990 (as amended) for the terms set out in this report.

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3. REPRESENTATIONS 3.1 No objections have been received from local residents. 26 letters of support for the

scheme have been received from residents and acquaintances of the applicant. 3.2 The CPRE has objected on the grounds that the application site is not

predominantly previously-developed land but has a substantial agricultural element to its use. As a result it would be incorrect to allow development for residential use on the basis of the NPPF and a consequent improvement to the openness of the Green Belt. On the contrary, the applicant should be demonstrating very special circumstances to justify inappropriate development in the Green Belt and this has not been achieved.

4. RELEVANT LOCAL PLAN POLICIES 4.1 The following policies of the Borough of Broxbourne Local Plan Second Review

2001-2011 (adopted December 2005) apply: SUS18 Surface Water Drainage GBC2 Development Within the Metropolitan Green Belt GBC19 Protection for Sites of Wildlife and Nature Interest H8 Design Quality of Development H11 Housing Densities in New Development on Unallocated Sites H13 Affordable Housing HD13 Design Principles HD14 Design Statement on Local Character HD16 Prevention of Town Cramming HD17 Retention/Enhancement of Landscape Features HD22 Community Safety T3 Transport & New Development T9 Pedestrian Needs T10 Cycling Provision T11 Car Parking IMP2 Community & Infrastructure needs linked to new development

4.2 The Borough Supplementary Planning Guidance (SPG) (Updated November 2013)

is relevant in this case as it provides design guidance for all forms of development. 4.3 The National Planning Policy Framework (NPPF) 2012 also needs to be considered

as it sets out the Government’s planning policies for England and how these are expected to be applied. Green Belt development is dealt with in Section 9.

5. LOCATION AND DESCRIPTION OF SITE 5.1 The 2.3 hectare site lies to the east of Park Lane Paradise and comprises the main

farmyard of Cheshunt Park Farm along with surrounding land owned by the applicant which is used as paddocks/grassland. It is currently accessed via a private road from Park Lane Paradise just to the north of Cheshunt Park. The area is designated as Metropolitan Green Belt. To the north-west of the site is woodland and a local wildlife site and the eastern part of the farm yard is designated as part of an Area of Archaeological Interest.

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5.2 The buildings on site are a mix of steel-frames, masonry, cladding and asbestos

cement roofing and are generally in need of maintenance/repair. The buildings are fairly typical of ad hoc structures which accumulate on commercial farming sites and are of little architectural merit or interest, ranging in height from around 3m to 7.5m for the large storage barns. There is a 22.5m high telecom mast just to the east of the farm yard.

5.3 The application site falls towards the east and is roughly rectangular in shape.

There are no watercourses on site: Turnford Brook lies more than 200m to the north and the site is well outside its flood zone. There is a natural pond to the north-east beyond the development. There is an established hedgerow along the Park Lane frontage around 1.5m high set on a small embankment.

6. PROPOSAL 6.1 This is a full application which seeks to demolish the existing buildings and replace

them with 14 dwellings – 2 x three bedroom houses, 10 x four bedroom houses and 2 x six bedroom houses along with an L-shaped stable block to the immediate south of the application site.

6.2 Access for vehicles would remain from Park Lane but a new entrance would be

created to the north of the existing vehicular access which would be retained to serve the existing houses and businesses which would remain on site to the south of the new development.

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6.3 The new houses would be laid out around a large courtyard with two landscaped

islands around which cars would circulate. The layout would be rectangular in form with the long side aligned north-south. There would be two house types: one would be in brick with a slate roof and would have two storeys of accommodation; the other would be in weatherboard with a clay tile roof and would have some accommodation in the roof. Each house would have an open car port all but one of which would house two cars along with a bicycle. The stable block would be a conventional timber structure specifically designed for horses/feed.

6.4 The application is supported by a suite of documents as follows:

Design and Access Statement

Planning Statement and photographic survey

Highway and Transport Assessment

Land Contamination Assessment

Flood Risk Assessment

Habitat/Bat/Great Crested Newt Survey

Historic Land/Building Use information

Application plans and landscape proposals 7. RELEVANT HISTORY 7.1 Permission was granted 30th October 1990 for conversion of a pig pen to livery

stables. 7.2 The applicant has supplied detailed supplementary information including affidavits

and financial accounts records in support of their contention that the site constitutes previously developed land in accordance with the definition set out in Annex 2 of the NPPF.

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

i. Principle of residential development on this Green Belt site;

ii. Green Belt impact;

iii. Design, layout, and appearance;

iv. Impact on amenity of neighbouring residential properties;

v. Highways/Parking;

vi. Affordable Housing and Planning Obligations;

vii. Other matters.

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Principle of development 8.2 The NPPF defines development within the Green Belt as being inappropriate,

unless it benefits from one of the exceptions set out in paragraph 89. One such exception to this general rule in the above paragraph is that development may not be inappropriate in the Green Belt where it consists of: ”….complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use…..which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development”.

8.3 In support of the proposal the applicant has submitted extensive information in the form of witnessed statements, letters from tenants, receipt books and financial statements. This supplementary information demonstrates that around 80% of the building floorspace has been used for more than 10 years for a wide variety of non-agricultural purposes, ranging from livery stables, storage and as a builders yard. As these uses and circulation/parking and access have apparently been established for a period of at least 10 years, they would be immune from planning enforcement action and the Council would be likely to issue certificates of lawful use if formal applications were to be made.

8.4 If the buildings have established commercial, non-agricultural uses then they would be considered to be brownfield land along with their immediate curtilage. While a small proportion of the buildings have a remaining agricultural use, the overriding status of the former farm yard is considered to be previously developed land which would fall to be considered in relation to the criteria set out in paragraph 89 of NPPF.

8.5 In the above context it is considered that the application site does constitute

previously developed land as defined in Annex 2: Glossary of the NPPF and subject to detailed consideration of the merits of the scheme in terms of its impact on openness and the wider Green Belt, there is no objection in principle to a residential redevelopment that would accord with paragraph 89 of the NPPF.

Wider Green Belt Impact

8.6 The visual impact of a proposal is of critical importance to the assessment of a scheme set within the Green Belt. The openness of the site pre and post-development along with the wider impact on the Green Belt are significant material considerations in the case of this application.

8.7 The site is characterised by a mix of commercial buildings which have ridge heights

of up to 7.5m for two of the large barns and 6.8m elsewhere. The general nature of these buildings relates to their use for storage and they are bulky in appearance and are not orientated in a coherent way in the context of the Green Belt setting. One of the proposed houses would have a maximum height at the most easterly gable of c.8.45m and the other eastern gables would be 8.15m high. The single storey elements (which predominate) would be 5.25m to the ridge. The construction of these houses will inevitably have an impact on openness on this site, but the issue of importance is the relative impact when compared to the existing situation.

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The large bulk of the barns and storage buildings has a significant impact on openness from all viewpoints around the site. The scheme has been laid out in a compact group with the taller structures orientated at 90 degrees to most public viewpoints and linking, single storey elements between. As a consequence it is considered that the net result of the proposed redevelopment would be to increase the appearance of openness at this site in accordance with the first element of the final bullet point set out in paragraph 89 of the NPPF.

8.8 The second element of the above bullet point is that the development should not have a greater impact on the purpose of including land within the Green Belt. The five purposes are set out in paragraph 80 of the NPPF and are dealt with in turn as follows:

To check urban sprawl – This development is a discrete development which would not have a significant impact on urban sprawl.

Prevent neighbouring towns merging – This proposal would not result in merger of any settlements in the Borough.

Safeguarding the countryside from encroachment – The clearance and redevelopment of this site would reduce encroachment on the Green Belt at this site.

Preserve the setting of historic towns – This element is not engaged by this development.

To assist in urban regeneration by recycling derelict land – The proposal will regenerate and clear up this unkempt site as well as remediate any pollution generated by the existing commercial uses.

8.9 It is considered that the proposal complies in full with the requirements of

paragraphs 80 and 89 of the NPPF

Design, layout and appearance 8.10 The building stock across the application site is characterised by post-war

commercial structures of no architectural merit, many of which are in a poor state of repair.

Views of the farm yard and buildings

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8.11 The scheme has been designed essentially to reflect traditional farm buildings and in particular those which have been converted for residential occupation. The scheme proposes six ‘barns’ with bedrooms to their first floors along with a series of asymmetrical, connecting single storey dwellings. The impression which the architect has sought to achieve is of low-slung buildings in natural materials which would not be out of keeping in their setting. The materials would combine brickwork, structural timbers and distinctive vertical glazing above a brick plinth to produce designs which would mix the vernacular architecture of farm buildings with some more modern elements which would seek to mimic barn conversions. The upper floors of the six ‘barns’ would be lit by roof lights but the single storey houses would have plain tile roofs and terracotta photo-voltaic cells to achieve a harmonious visual appearance. The car ports would be built into the structures so that there would not be separate buildings which would promote a more urban feel to the site.

8.12 The proposal would set out 14 houses in a cluster on a roughly north-south axis

and which would be accessed from a new private driveway lined with trees running west-east from Park Lane. The layout would concentrate the built structures in the central part of the site with the domestic gardens surrounding the development and offering a buffer to the remainder of the Green Belt land. The layout would concentrate hard surfacing in central courtyards to minimise the wider visual impact on this semi-rural area and would have an organic feel of a development which could have developed over time rather than as a piece. The proposal would locate only two of the taller structures to the more open, eastern flank of the site and these would be orientated west-east to minimise the visual impact. The layout is set out in a way which would minimise visual impact from open views outside the site whilst composing an attractive complex of buildings of varying heights in a rural style which will be complementary to its setting. The layout of the access road, which

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would cut through an open field to reach the site, is curved so as to minimise public views from the west and would be lined with trees to soften the visual impact of a new area of hard-surfacing in a semi-rural area. Permitted development rights for fencing, outbuildings and roof extensions are proposed to be removed by condition to ensure that the visual built form of this site does not increase without local authority planning control.

Proposed Layout

South Elevation

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Amenity for future residents

8.13 With regard to the living conditions on site for future occupants, the applicant has submitted plans which show that the houses would all comfortably meet the Council’s adopted SPG guidance and Nationally Described Space Standards in relation to the bedroom and dwelling sizes. Similarly, the gardens would exceed the standards set out in the Council’s SPG. There is no issue with road noise or air quality as the site is set some distance from the nearest minor road.

8.14 Overall it is considered that this revised indicative scheme represents a high quality standard of layout and design that would contribute to the character and appearance of the locality and would have a positive impact on the appearance of this site. The living conditions on site would be acceptable for future residents. The proposal therefore complies with Local Plan Policies H8, H11, HD13, HD14 and HD16.

Impact on amenity of neighbouring properties

8.15 Local Plan Policy HD16 aims to ensure that new development proposals do not materially harm the amenities of existing residents. The nearest residential properties that are likely to be affected by the proposed development are across the existing access road (including the retained farmhouse) and one house on the opposite side of Park Lane. The layout of the proposed houses and their distance from the existing houses would mean that there would not be a materially adverse impact on privacy or daylight/sunlight for adjacent residential occupiers within the farm complex. The dwelling across Park Lane would be more than 300m away from the proposed houses and would not be in line with the new access onto the road. In

Architect’s CGI – Access road from Park Lane

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this context there would be minimal impact on amenity for that house and there would not be significant impact from light spill from vehicles accessing the site.

8.16 Overall it is considered that the proposal complies with Policy H8 as it would maintain adequate amenity for the neighbouring properties and future occupiers of the proposed development.

Highways/Parking

8.17 It is proposed to retain the existing access from Park Lane in order to serve the

existing, retained houses and businesses. A new access would be created further north which would maximise sight lines to both north and south and the applicant has shown a vehicle entrance with 120m visibility splays. The Local Highway Authority (HCC) does not object to the principle of a new vehicle access and considers that the trip generation from the redevelopment would not have a significant impact on the highway. HCC Highways has queried the technical details of the sight lines and it is intended to deal with this issue by a condition requiring further details to be submitted to ensure that the optimum visibility can be ensured at the access whilst retaining adequate soft landscaping along the Park Lane boundary. Members should note that vehicle use of the existing, sub-standard access would be greatly reduced, in terms of overall numbers and HGV movements, by the removal of the varied commercial uses currently on site. The farm itself is now accessed by a revised entrance much further to the north towards Holy Cross Hill. HCC has also queried pedestrian access and connectivity for this site and it is important that this relatively isolated site does connect with local services as there are no pedestrian footways on this part of Park Lane. There is an existing established footpath route which runs from the farmyard to Park Lane immediately opposite a footpath link into the Adamsfield estate adjacent to Flamstead End primary school. Another footpath runs south-east into Cheshunt Park and this route will need expenditure to bring the surface and means of access/enclosure up to a suitable standard. It is also the intention to develop footpath links towards the east and this will form part of the detail negotiation relating to planning obligations. Given the site constraints and its location the accessibility, subject to improvement to the above paths, is considered to be acceptable.

8.18 In terms of parking, all but one house would have a twin bay open car port with

space to park a third car in front. There would also be room to accommodate overflow parking within the confines of the central courtyards and given the distance from Park Lane and the inability to park on that highway there is no practical possibility of parking spilling from the site to the detriment of highway safety. The enclosed nature of the development also means that car parking is unlikely to have an adverse visual impact from outside the site. The scheme includes parking space for bicycles in the car port.

8.19 The level of additional vehicle trips to and from the site would not have a material impact on the free flow of traffic on the public highway, the proposed vehicular access into the site is considered to be appropriate and adequate on-site parking & cycle storage would be provided. The proposed development therefore complies with Local Plan Policies T3, T10 and T11, and the Council’s Interim Policy for Residential Car Parking Standards.

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Other matters

8.20 As a result of the historic agricultural and commercial uses of the site the land will be contaminated to some extent. The applicant has submitted an assessment of the current state of the ground and the Council’s Environmental Health section has recommended a condition requiring remediation work to be carried out and any recommended mitigation measures to be completed prior to first residential occupation.

8.21 Ecology: The application includes assessments of the natural features, flora and

fauna on the site and concludes that there is low potential for disturbance of protected species. A full bat survey of the 16 buildings to be demolished has not found any bat roosts or potential for roosts. A query was raised by the Herts and Middx Wildlife Trust in relation to the pond which is set away from the site to the north-east. The applicant commissioned an assessment of the potential for Great Crested Newts and the low potential for their presence has been accepted by the Trust. The local wildlife site to the north-west of the application site would not be adversely affected by the proposals and the Trust has not objected to the application. There are no mature trees of high quality on the site, but there is a copse of conifers to the north of the site and there is woodland to the north-west which forms part of the local wildlife site. There is a mature hedgerow along the western road boundary. Part of the hedge along the road boundary would be lost as part of the works to install the new road access but the hedge is not especially large or of high quality and a landscaping scheme to replace and enhance the road frontage would be required by condition. The site falls to the east in the direction of the A10 and there would be long views of the development from the open farmland to the east. It is proposed to plant landscape screening along this boundary with the intention of mitigating any impact on the wider Green Belt and to ensure that the semi-rural character of the site is retained.

8.22 Flooding: The site dos not fall within an area designated as having flood risk by the

Environment Agency (EA). The applicant has submitted a flood risk assessment to accompany the application and following clarification the County Council as statutory authority for surface water drainage does not now raise objection to the proposal subject to conditions.

8.23 The proposal would use a bio-disc system to deal with foul water from the

development and treated (clean) water would then discharge into the nearest available watercourse. Such discharge is subject to separate regulatory approval from the EA and the principle of dealing with sewage in this manner is considered to be acceptable.

8.24 The site falls within a wider Area of Archaeological Interest as designated in the

adopted Local Plan. However, the land on which the development is proposed has already been extensively developed with large areas of hard surfacing and significant numbers of building foundations. In this context it is considered that an archaeological watching brief by a suitably qualified archaeologist is the proportionate way to deal with this issue.

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8.25 The 22.5m high telecoms mast which lies adjacent to the site to the west could not readily remain if the housing were to be developed given its size and proximity to the proposed dwellings. The agent has confirmed that a grant of permission would enable the current lease to be terminated and has suggested that relocation within the woodland to the immediate north would be a practical solution, assuming that the mobile network has an on-going need for coverage from the base station.

8.26 With regard to loss of employment at this site, much of the floorspace is used for a

variety of storage purposes and the buildings are of fairly poor quality which would in most cases preclude alternative beneficial uses. The application form indicates that there would be nine jobs lost if the scheme proceeded. The structures and uses are also incompatible with the semi-rural location. It is always a matter for regret if there is loss of employment due to a development but it is considered that a refusal on grounds of loss of a local employment site (adopted Policy EMP 6) is not supportable in this location.

8.27 It is not clear what arrangements are to be made for refuse disposal in this

development. There is ample room to locate bin enclosures in the residential curtilages and a condition is proposed to deal with this issue.

8.28 With regard to the retained lands (edged in blue on the submitted site plan), the

agent has confirmed that the land to the south of the new access road would be divided north-south into individual paddocks for the existing family houses to the south of the existing access road. The open land to the north of the new access road would be maintained as a paddock for the use of existing residents but would not be sub-divided.

Planning Obligations

8.29 The following Heads of Terms are proposed for the planning obligation:

Community contribution of £3000 per bedroom

Financial contribution relating to provision of affordable housing off-site

Financial contribution in line with HCC toolkit for primary schooling, childcare, youth services and libraries along with installation of fire hydrants

Confirmation of the use and treatment of retained land in the continuing ownership of the applicant and family

Confirmation of access/agreement to upgrade footpaths in the vicinity of the application site

8.30 It is considered that the scheme falls within its scope of Local Plan Policy IMP2. The Council’s established practice is to seek a contribution of £3000 per bedroom towards community facilities and infrastructure and adopted Policy H13 seeks to ensure that 40% affordable is provided where 15 dwellings or more are proposed or a site area exceeds 0.5 hectare. In this case that would involve a contribution of £174,000 (£3000 x 58 bedrooms) along with 5.6 affordable units. As this site is relatively isolated with regard to services and the proposed dwellings are not of a nature which would be attractive to housing associations it is considered that a financial contribution towards off-site provision would be appropriate in this case. The method of calculation would entail the likely market value of the houses and the general discount against the open market valuation which is involved in providing affordable housing for local residents in housing need. On this site,

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assuming a likely average value of c. £650,000 per house, the contribution towards off-site provision would be £1,201,200.

8.31 The County Council has written seeking their toolkit contributions in respect of

primary schooling (£49,590), childcare (£2664), youth services (£1084) and libraries (£3288) to a total of £56,626. Installation of fire hydrants would also be required and it is considered that the level of contribution sought by HCC is supportable in this instance.

8.32 The overall contributions would, therefore, amount to £1,431,826. Draft heads of

terms are yet to be received from the applicant but are unlikely to differ widely from the terms set out above. The financial contributions would be expended on suitable projects in the vicinity of the site including upgrading the two footpaths which lead south and south-east from the site and perhaps footpath links heading eastwards.

9. CONCLUSION 9.1 The proposal before Members seeks to redevelop an unsightly complex of

commercial and agricultural buildings set in the Metropolitan Green Belt by the erection of 14 houses. The report has examined the principle of residential development and found that it complies with the terms of the NPPF. The report has also looked in detail at the impact on openness and on the purposes of including land within the Green Belt and has concluded that the scheme would comply with the criteria set out in paragraphs 80 and 89 of the NPPF. The visual impact on the wider Green Belt is also acceptable.

9.2 The design and materials of the proposed houses are considered to be of high

quality and would have a beneficial visual impact on this part of the Borough. The houses would meet local and national standards in terms of amenity for future residents and the likely impact on nearby neighbours would similarly be acceptable.

Subject to conditions the impact on highway safety is considered to be acceptable and the levels of parking provision along with the layout would ensure no overspill car parking. The level of planning obligation would mitigate any impact on the Green Belt and contribute to affordable housing and other essential community infrastructure in the locality. Members are therefore recommended to approve the application subject to clearance by the Secretary of State as the site is within the Green Belt and its area exceeds one hectare.

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10. RECOMMENDED that: planning permission be granted subject to the application first being submitted to the Secretary of State as Green Belt development under the Town and Country Planning (Consultation) (England) Direction 2009, and subject to the conditions set out below and the applicant first completing a planning obligation under s.106 of the Town and Country Planning Act 1990 (as amended) for the terms set out in this report.

1. GEN01A Standard Time Limit – 3 years 2. GEN07 Development in Accordance With Numbered Plans 3. GEN13 Approval of Materials 4. GEN14 Approval of Surfacing Materials 5. GEN15 Fencing 6. LS01 Landscaping Scheme Required 7. LS02 Landscaping Details including replacement tree and hedgerow

planting 8. LS03 Replacement Planting 9. RES17 Parking spaces prior to occupation 10. VEH01 Visibility Splays/sight lines at new access 11. VEH18 Drainage 13. Roads, accesses and parking areas to be constructed in accordance

with the approved plans 14. Construction vehicle management plan, including wheel washing for

construction vehicles and contractors’ parking to be submitted and approved prior to commencement of works

15. Site Contamination Report, Risk Assessment & remediation Strategy to be submitted and any recommended mitigation measures to be completed prior to first occupation

16. No occupation prior to the submission and approval of verification report demonstrating completion of works set out in the approved remediation strategy

17. Hours of construction work (8-6) Mon-Fri, 8-1 Sat and no Sundays or Bank Holidays

18. Submission of details of all external lighting 19. Submission of full details of surface water drainage 20. Site waste and recycling management Plan to be submitted and approved

prior to commencement of works 21. Removal of permitted development rights – fences, outbuildings, roof

and front extensions 22. Management Plan for common areas and retained land 23. Archaeological watching brief during ground works

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Item 3: 07/15/1047/F Location: 74 High Road, Wormley, Herts. EN10 6DU Description: Erection of a three storey block of 6 two bed apartments. Applicant: Ludgate Property Developments Agent: DPA (London) Ltd Date Received: 03.11.2015 Date of Committee: 08.03.2016 Officer Contact: Gill Forbes Expiry Date: 30.12.2015 Ward Members: Cllr. J Metcalf, Cllr G Nicholson, Cllr D Taylor 1. CONSULTATIONS 1.1 Hertfordshire Highways – No objection subject to conditions relating to surfacing of

on-site parking, storage of construction materials, visibility splays, and provision of construction vehicle movements and traffic management measures.

1.2 Environmental Health – No objection subject to conditions relating to risk

assessment and land contamination investigation and implementation of any remediation scheme required.

1.3 BEAMS – No objection to amended plans with entrance door on the front elevation. 2. PUBLICITY 2.1 Site notice, newspaper advert and neighbour letters (expired on 1st December

2015). 3. REPRESENTATIONS 3.1 Two objections have been received from a local residents on the grounds of:

Loss of visual amenity; Overlooking; Three storey building would be out of character; Insufficient parking provision; Traffic associated with residential development may obstruct the existing access and be detrimental to existing business on the site.

RECOMMENDED that planning permission be granted subject to the conditions

set out at the end of this report.

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4. RELEVANT LOCAL PLAN POLICIES 4.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001-2011 (adopted December 2005) apply:

SUS3 Waste and recycling SUS12 Development on Contaminated Land SUS18 Surface Water Drainage H2 Maximising the Development Potential from Sites H8 Design Quality of Development H10 Residential Conversion of Non Residential Premises H11 Housing Densities in New Development on Unallocated Housing Sites HD13 Design Principles HD14 Design Statement on Local Character HD16 Prevention of Town Cramming T3 Transport and new development T11 Car parking IMP2 Community & Infrastructure Needs Linked to New Development

4.2 The Borough-wide Supplementary Planning Guidance (SPG) (August 2004, updated 2013) is relevant to this application as it provides design guidance for all forms of development.

4.3 The National Planning Policy Framework (NPPF) 2012 is also relevant, particularly

section 6 (Housing) and section 7 (Requiring Good Design). 4.4 Interim Policy for Residential Car Parking Standards (February 2011). 5. LOCATION AND DESCRIPTION OF SITE 5.1 The application site is located on the western side of High Road, Wormley and

within the Wormley Conservation Area and accessibility corridor. The site is accessed from the High Road and is currently part of an area with commercial use, comprising a garage carrying out repairs, MOT’s and a Taxi Compliance Test Centre. The forecourt has petrol pumps, associated shop and car valeting service. The southern section of the site, subject of this application, is occupied by a car sales business with cars for sale parked at the front and a portacabin towards the rear.

5.2 There are a mixture of two and three storey dwellings surrounding the site

constructed in a variety of styles and designs. Properties to the north and west are three storey ‘Georgian’ style dwellings with flat roofs.

5.3 The site is an irregular shape and has an area of 760.7 square metres with

approximate dimensions of 60.7 metres (west to east) by between approximately 17.6 metres (north to south) at the front of the site, 11.4 metres at the rear and approximately 8.6 metres at the narrowest towards the middle of the site.

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5.4 The application site is fairly level and is covered with hardstanding.

View into site from High

Road

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6. PROPOSAL 6.1 This is a full application for a residential development consisting of a three storey

block of 6 two bedroom apartments to be located on the eastern part of the site in the area currently occupied by a car sales business. The development would utilise the existing vehicular access off the High Road and would have a separate pedestrian access created from the footpath along the High Road to the front entrance doors. The pathway within the site would extend along the front of the proposed building and along the northern flank to the refuse area, and along the southern flank to a car park serving the apartments.

6.2 The application is accompanied by a Design and Access Statement and a

Transport Statement.

6.3 The building would form a ‘T-shape’ with the widest section measuring approximately 14 metres at the front, reducing towards the rear to approximately 10 metres and reducing further to approximately 6 metres at the rear internal stairs, accessed from a side door on the northern flank. The building would be set back approximately 3 metres from the back edge of the footpath in the High Road.

6.4 The apartments would have on-site parking provision for 9 cars to the immediate

west with an open space with an area of approximately 117 square metres between the rear of the building and the car parking area.

6.5 A refuse area would be provided to the north-western area of the building and would be obscured from public view in the street scene by the proposed block of apartments and soft landscape screening. Although the size of refuse storage area would need to be increased to comply with Council standards this would be secured by condition.

View from access road within site towards

High Road

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6.6 The proposal would involve the removal of the car sales business and associated portacabin from the site.

Proposed elevations and

layout

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7. RELEVANT HISTORY 7.1 The site has historically been used for commercial/industrial purposes. There have

been no previous planning applications for residential use. 8. APPRAISAL 8.1 The main issues to consider are:

i. The principle of redevelopment for residential use; ii. Design, layout and appearance; iii. Impact on amenity of neighbouring residential dwellings; iv. Visual impact on the street scene; v. Highways and parking and, vi. Planning Obligations

The Principle of Redevelopment for Residential Use

8.2 The NPPF (paragraph 47) requires Local Planning Authorities to “boost significantly

the supply of housing” by retaining a five year supply of housing land. Development of this site for housing would contribute to that supply.

8.3 The proposed residential accommodation would comprise six apartments with two

bedrooms over three storeys – providing twelve bedrooms in total. The Local Plan and NPPF are generally supportive of residential development in existing urban areas.

8.4 Local Plan Policy EMP6 states that local employment sites for alternative uses will only be permitted where current occupiers can be satisfactorily accommodated on an alternative employment site within the Borough. The applicant has provided written evidence that the current owner of the car sales business intends to vacate the site by October 2016 and continue his business from an existing second site albeit outside of the Borough. The applicant also states that only one person is employed on the Wormley site in relation to the car dealership. Therefore, it appears that there will be no loss of employment caused by the redevelopment and no existing business occupier has made a representation to the Council.

Proposed street view High Road, Wormley with new block of flats far right

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8.5 The principle of residential use on this site is considered acceptable. The proposed development would provide much needed housing and the permanent loss of the previous commercial use would not have a material adverse impact upon the local community. The proposal complies with Policy EMP6. Layout, Appearance and Design

8.6 The layout of the proposed development has been influenced by the size and shape of the existing buildings and land uses surrounding the site.

8.7 The position of the building fronting the High Road results in it being within a highly visible location in the street scene which forms part of Wormley Conservation Area.

The existing use of the site however, does not contribute to the character and appearance of the conservation area, whereas the proposed new building echoes the design of existing properties to the west and north in Manor House Gardens and a nearby property to the south in the High Road. Many of the features that appear on the building, such as window design, parapet walls, flat roof and external finishes are similar to surrounding properties.

8.8 The building has a symmetrical and well-proportioned front elevation. The staggered side elevation would reduce the overall bulk of the building and views of the flanks would be partially obscured by the garage buildings from the north and further obscured by high hedges along the boundary with Oaklands Grove to the immediate south. The applicant has submitted a street view drawing that indicates that the visual impact along the High Road will not be intrusive or out of character. Although the new building would be clearly visible in the street scene, the nearest dwellings in Home Close on the opposite site of the High Road have only flank walls facing the site and the closest dwellings facing the front of the site would be approximately 64 metres distance away. Some views would also be possible from the three storey dwellings to the rear in Manor House Gardens, but the nearest would be over 70 metres distant so would have no detrimental impact on visual amenity.

8.9 With regard to the size of the proposed apartments, the two bedroom flats would be

approximately 67 square metres. The SPG states that the minimum size of three person flats should be at least 60 square metres and national guidance considers that two bedroom, four person flats should be 70 square metres. There is no reference to four person flats in the SPG. Although the size of the flats fall approximately 3 square metres below the national guidance the minimum size of 12 square metres for the proposed double bedrooms and 3.5 square metres for the bathrooms either meet or exceeds standards, and a reasonable width of rooms and layout of furniture can be achieved in the apartments together with a head height in excess of 2.3 metres. The overall dimension of the apartments is therefore considered acceptable to provide a reasonable standard of living for potential occupiers.

8.10 The SPG states that twenty square metres of amenity space should be provided

per flat. In this development the amenity area to the rear of the building would fall slightly short at approximately 118 square metres, but is of a reasonable dimension to be useable. There is also some land to the front of the building that could provide space for landscaping and setting for the site. Overall, the open land is considered

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sufficient to provide a suitable level of communal amenity space for this development.

8.11 A refuse area is included to the rear of the apartments. There is a distance of approximately 19 metres to the High Road which complies with the Waste SPG which recommends no more than 25 metres distance between refuse storage and collection point. The dimension of the refuse store falls short of compliance with the Council’s Waste Management Supplementary Guidance standards (September 2013), which requires a minimum of two Eurobins for six two bed apartments. However, it is considered that this can be extended and this will be required by condition if the committee resolves to approve the application.

8.12 Overall it is considered that the design and layout of the proposal would

improve the current appearance of the area, and make more effective use of the land. The proposal therefore complies with Local Plan Policies H2, H8, H11, HD13, HD14, HD16, and SUS3.

Amenity and Impact on Neighbours 8.13 Local Plan Policies H8 and HD16, together with the Council’s SPG seek to ensure

that new development proposals do not materially harm the amenities of existing local residents. The nearest existing dwellings to the site are two storey dwellings in Home Close with flank walls facing the High Road so there would be no overlooking issues from the front elevation windows. A resident living to the rear has raised concerns about the impact on their residential amenity and these are summarised in paragraph 3.1 above. With regard to overlooking of private amenity space, there would be a distance of approximately 56 metres from the rear of the proposed building and the rear boundary of the nearest dwelling in Manor House Gardens and a window to window distance of approximately 65 metres which significantly exceeds privacy guidelines in the SPG which recommends a minimum of 30 metres window to window distance between three storey dwellings. There would consequently be no material loss of privacy to local residents.

8.14 Although the proposed building would be visible from properties to the rear, this is

not an unusual situation in an urban area. There are no rights to views in planning terms and as stated above there is sufficient space between the proposed and existing buildings to prevent any material loss of amenity.

8.15 The proposed apartments would be located immediately adjacent to the existing

petrol filling station and car related businesses. However, there are only bathroom windows located on the northern flank at ground and first floor level. Although bedroom and lounge windows are positioned on the northern flank on the second floor, the lounge is dual aspect and the bedroom window would be at a higher level and look across the garage forecourt. There would also be the opportunity to add a second bedroom window on the western flank at second floor level to improve overall outlook. Otherwise, windows face across the highway to the front or towards Manor House Gardens to the rear. The flank of the nearest property to the south is over 12 metres away from the southern flank of the proposed apartments. Overall, there would be a reasonable outlook from the proposed apartments.

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8.16 Although the apartments are located next to the High Road and will experience traffic noise, they are also adjacent to an MOT testing station. For this reason it is considered that noise mitigation measures would be appropriate should the committee resolve to approve this application.

8.17 Overall it is considered that the proposal complies with Policy H8 and the

Council’s SPG as adequate privacy for both occupiers of neighbouring properties and future occupiers of the proposed development would be achieved.

Highways and Parking

8.18 Hertfordshire Highways have reviewed the proposal and no objection has been

raised, subject to conditions being included to any grant of permission as detailed above in paragraph 1.1.

8.19 The application site is well located in relation to public transport facilities with bus routes operating along the High Road.

8.20 The existing vehicle access to the site is considered to be acceptable. 8.21 With regard to parking, the Council’s Interim Policy for Residential Car Parking

Standards (February 2011), recommends, 2 spaces for two bedroom properties. In order to comply with the Council’s parking standards a total of 9 spaces would be required after applying a discretionary 25% reduction for the site falling within the accessibility corridor due to the proximity of the site to public transport facilities. The proposed scheme would provide 9 parking spaces for the flats, and a transport statement submitted by the applicant demonstrates that cars can park and manoeuvre within the site.

8.22 Following receipt of a trip analysis Highways is satisfied that the number of trips to

the site will reduce as a result of the change of use of the land from car dealership to residential. Therefore, the development would not have an adverse impact on the surrounding highway network.

8.23 Overall vehicle trips to and from the site would be of an acceptable level so

as not to have a significant impact on the local highway, the access to the site would not change and adequate on-site parking would be provided for the flats. The proposed development therefore complies with Local Plan Policies T3, T11 and the Interim Policy for Residential Car Parking Standards (February 2011).

Planning obligation

8.24 It is considered that this proposal is subject to adopted Policy IMP2 and therefore

the Council has sought a contribution of £3000 per new bedroom created. The total contribution for 12 bedrooms is £36,000 and is proposed to be directed towards enhancements to Wormley Playing Fields and/or improvements to the New River Path in Wormley Conservation Area.

8.25 The request for a financial contribution is considered acceptable as it meets the

requirements of the three statutory tests; it is necessary to make the development

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acceptable in planning terms, it is directly related to the development and it is reasonably/fairly related in scale to the development.

8.26 The applicant has submitted a completed unilateral undertaking for the sum and

projects detailed above. Other Matters 8.27 Due to the historic use of the site there is likely to be some contamination of the

land, and an investigation into this matter would be requested by condition. 8.28 Details of landscaping and drainage of surface water have not been provided with

this application and would be subject to condition to secure a satisfactory landscaping scheme including drainage provision to soften the appearance of the area, and prevent surface water runoff.

9. CONCLUSION 9.1 The proposed development of the site is considered to be acceptable in principle

and to accord with the provisions of the NPPF and the Local Plan. The proposal would provide much needed housing within the Borough whilst improving the appearance of the conservation area. There would be a loss of commercial land, but the applicant has provided evidence that the current car dealership business within the site would relocate to another site within his ownership, so this would not result in job losses.

9.2 The development would provide a reasonable design and layout that would contribute positively to the character and appearance of the site. The Council’s standards in respect to minimum dwelling, bedroom and amenity space sizes would be met in most cases with only slight shortfalls in some areas, and there would be no materially detrimental impact on the amenity of occupiers of surrounding residential dwellings. Members are therefore recommended to support this application.

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RECOMMENDED that permission be granted subject to the following conditions:

1. Standard time limit – 3 years 2. Development in accordance with numbered plans 3. Approval of materials 4. Approval of detailed design. 5. Approval of surfacing materials 6. Fencing 7. Landscaping Scheme required 8. Landscaping details 9. Refuse storage details. 10. Obscured glazing on rear elevation to stairs 11. No further windows 12. On-site vehicular areas to be surfaced before occupation 13. Retention of parking 14. Construction Management Plan to be submitted including storage,

deliveries of materials and all parking for construction works to be clear of the highway, measures to reduce debris on the highway, and reduce dirt during construction and site hoardings.

15. No obstruction of public land 16. No obstruction in visibility area of access above 600mm 17. Drainage details required 18. No mud or debris to be deposited onto the highway 19. Land contamination investigation 20. No occupation of the approved development until verified that any

remedial work required from the contaminated land investigation has been completed as required

21. Any additional forms of contamination found during development shall be subject to a remediation strategy and no further works carried out until the remediation strategy has been implemented as approved

22. Hours of construction work 23. Noise mitigation to proposed apartments

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The following schedule sets out the applications outstanding in excess of the Statutory 8 week/13 week period as at 8th March 2016

Ref No Description & Location Reason for Delay/Comments

Expiry date

LARGESCALE MAJOR

TOTAL MAJOR THIS MONTH: 0

TOTAL MAJOR LAST MONTH: 0

SMALLSCALE MAJOR

07/14/0569/O Outline application for residential development of 13 dwellings, access, car parking, public open space and other related development - Former Wormley Primary School St Laurence Drive Wormley

Awaiting s.106 obligation.

26.09.2014

07/14/1133/O Outline application for the erection of 14 dwellings with associated access and landscaping - Land adjacent to 54, 56 & 58 Kennedy Avenue, Hoddesdon

Awaiting s.106 obligation.

19.03.2015

07/15/0126/F Variation to conditions 6 and 16 of planning permission 07/11/0403/F - Formerly Delamare House Delamare Road Cheshunt

Awaiting Deed of Variation from Applicant.

15.05.2015

07/15/0856/F Demolition of existing buildings and construction of 14 five bedroom dwellings with associated landscaping and car parking – Grangebrook, Rags Lane

Awaiting s.106 obligation.

10/12/2015

TOTAL SMALLSCALE MAJOR THIS MONTH: 4

TOTAL SMALLSCALE MAJOR LAST MONTH: 6

MINOR

07/11/0043/F Change of use of the existing first floor of the property from B1 office and premises to C3 residential dwelling, subdivision of first floor to create 4 no. self-contained residential flats - 89-93 Turners Hill Cheshunt

Awaiting withdrawal.

17.03.2011

07/11/0730/O Outline application for new footbridge over railway line at Park Lane, including bridleway route via level crossing to be discontinued with new alternative

Awaiting s.106 obligation.

10.11.2011

A41

pedestrian footpath, cycle/bridleway route (Refer 07/11/0731/F) - Land opposite 116 Park Lane Waltham Cross

07/12/0703/O Outline application for first floor rear and side extensions, addition of a second floor and conversion to provide seven residential apartments (Re-submission 07/12/0064/O) - 75-81 High Street Waltham Cross

Awaiting s.106 obligation and additional information re parking

13.03.2013

07/13/0608/F Construction of 3 no. additional two bed flats at third floor level - Former Hoddesdon Snooker Club site Conduit Lane Hoddesdon

Awaiting clarification on S106 from applicant.

10.09.2013

07/13/0980/F Erection of 2 no. two storey blocks to provide 32 rooms with communal facilities and parking for occupation in association with The Vicarage (Re-submission 07/13/0071/F) - 11 Amwell Street

Planning obligation received, awaiting issue.

17.01.2014

07/14/0566/F Re-alignment and introduction of traffic lights at the junction of Brookfield Lane West and Flamstead End Road - Road Junction Brookfield Lane West and Flamstead End Road, Cheshunt

Under consideration

27.08.2014

07/14/0634/F Demolition of existing place of worship and replacement with new Kingdom Hall and new minister's accommodation and new pedestrian access gate - Kingdom Hall Charlton Close Hoddesdon

Awaiting s.106 obligation.

09.09.2014

07/14/0867/F Continued use of vacant industrial site as open storage, parking and container storage (Refer 07/13/0868/F) - Plots F and L RD Park Essex Road Hoddesdon

Awaiting flood risk assessment.

21.11.2014

07/15/0009/F Retention of storage container (Refer 07/13/0947/F) - Calves Croft Farm Darnicle Hill Cheshunt

Under consideration

03.03.2015

07/15/0155/F Demolition of existing (56-58 Turners Hill) and erection of a new three storey block of two retail units and seven residential units - 56-58 Turners Hill Cheshunt

Awaiting further information.

21.04.2015

A42

07/15/0267/F Change of opening hours from 7am to 11pm Monday to Sundays and Bank or Statutory Holidays to 7am to 11pm Sunday to Thursday and Bank or Statutory Holidays and 7am to 2am Friday and Saturday - 74 High Street Waltham Cross

To be amended by applicant.

22.05.2015

07/15/0281/F Change of use from B2 (general industrial) to B8 (storage) of up to 35 self storage units (shipping containers) - Industrial Yard Essex Road Hoddesdon

FRA to be submitted.

22.05.2015

07/15/0284/F Erection of a four bed detached house (Re-submission 07/14/0333) - Lullingfield Yewlands Hoddesdon

Amended drawings received which are under consideration

02.06.2015

07/15/0345/F Demolition of existing stables and erection of replacement stable building - Feel Free Farm Cock Lane Hoddesdon

Awaiting further information.

17.06.2015

07/15/0377/F Erection of 2 no. two bed semi-detached dwellings - 118 Great Cambridge Road, Cheshunt

Awaiting s.106 obligation.

23.06.2015

07/15/0540/F First floor rear extension with new external staircase - 45 Turners Hill Cheshunt

Awaiting amended plans and additional information.

10.08.2015

07/15/0573/F Demolition of existing car garage buildings and redevelopment of 1 no. three storey block of retail/office on ground floor and offices on first and second floors and 1 no. three storey block of 2 no. one bed and 4 no. two bed residential units - 110 Turners Hill Cheshunt

Under consideration

14.08.2015

07/15/0583/F Erection of a detached two bed bungalow - 39 Dudley Avenue Waltham Cross

Awaiting s.106 obligation.

18.08.2015

07/15/0706/F Stable block with feed and bedding barn - Land opposite Beaumont Manor Farm and adjacent to The White House Beaumont Road

Insufficient information provided

21.09.2015

07/15/0716/F Erection of a sustainable, environment friendly 4 bed dwelling, including temporary underground training and education center,using renewable energies - Land North of Pylon

Awaiting amendments before submission to P&R

18.09.2015

A43

Farm St James Road Goffs Oak

07/15/0746/F Temporary construction access from Dark Lane for the redevelopment of the former St Mary's School (planning permission ref: 07/14/0076/F) - Former St Marys High School Site Churchgate Cheshunt

Awaiting further details in relation to highway comments

02.10.2015

07/15/0878/F Single/first floor rear extension and conversion into two self contained houses - 1 Turnford Cottages High Road Turnford

Awaiting further consultation.

11.11.2015

07/15/0888/F Internal alterations, insertion of two new external doors, replacement of modern window, insertion of conservation rooflight (Refer listed building consent 07/15/0889/LB) - 102 and 104 High Street Hoddesdon

Awaiting listed building report

13.11.2015

07/15/0915/F Demolition of existing bungalow and erection of 2 no four bed detached dwellings (Re-submission 07/15/0729/F) - 199 Cuffley Hill Goffs Oak

Awaiting S106. 24.11.2015

07/15/0921/F Retention of farm access track and improvements to access onto Park Lane Paradise - Cheshunt Park Farm Park Lane Paradise Cheshunt

Awaiting further information relating to materials used to create track

25.11.2015

07/15/0923/F Addition of one floor comprising of 5 no. 2 bed flats (Re-submission 07/15/0551/F) - Eleanor House 33-35 Eleanor Cross Road Waltham Cross

Awaiting revisions 25.11.2015

07/15/1001/F Erection of a detached two bed house - 1 Hargreaves Avenue Cheshunt

Awaiting completed S106 agreement

15.12.2015

07/15/1025/F Single storey side extension and conversion of existing house to create 2 no. one bedroom dwellings (Re-submission 07/15/0196/F) - 13 The Chase Goffs Oak

Linked to 07/16/0004/HF under consideration.

22.12.2015

07/15/1117/F Side extensions to Friends Meeting House, redevelopment of adjoining site with replacement of the existing cottage and hall with 4 no. flats and 2 no. houses to the rear (Refer listed building application 07/15/1118/LB) -

Awaiting amendment

19.01.2016

A44

Friends Meeting House Lord Street Hoddesdon

07/15/1170/F Retention and refurbishment of No.69 Crossbrook Street including raising the roof height and side dormer to create 2 no. two bed apartments, construction of new 3 storey block to create 2 no. one bed and 3 no. two bed apartments with associated amenity, parking and refuse provision. - 69 Crossbrook Street Cheshunt

Awaiting revisions 29.01.2016

07/16/0002/F Conversion of offices to three residential flats (Refer listed building consent 07/16/0003/LB) Re-submission 07/15/0754/F - 87-89 High Street Hoddesdon

Under consideration

23.02.2016

TOTAL MINOR THIS MONTH: 31

TOTAL MINOR LAST MONTH: 39

OTHER

7/0287/08/F/WOL Change of use of ground and first floor to (B1) offices (Re-submission 7/1207/07/F/WOL) - 206 Turners Hill Cheshunt

Awaiting withdrawal.

02.06.2008

07/12/0110/F Change of use of ground floor shop to 2 bedroom self contained flat - 23 Whitley Road Hoddesdon

Awaiting s.106 obligation.

03.09.2014

07/12/0253/LDC Certificate of lawfulness for an existing use of part garden for the storage of building materials part open and part enclosed - 2 Longfield Lane Cheshunt

Under consideration.

23.05.2012

07/13/0139/F Continued use of The Vicarage as a 17 bed hostel - 11 Amwell Street Hoddesdon

Awaiting s.106 obligation.

24.06.2013

07/14/0280/F

Small animal sanctuary with visitor facilities including ancillary outbuildings and various non-illuminated signage (Re-submission 07/13/0491/F) - Lucky Horse Shoes Sanctuary, Cock Lane, Hoddesdon

Under consideration.

31.07.2014

07/14/0393/F Change of use of ground floor from retail to self contained two bed residence with single storey rear extension - 39 King Edward Road< Waltham Cross

Awaiting s.106 obligation.

19.09.2014

A45

07/14/0483/F Change of use of first floor to self-contained flat and loft conversion with rear dormer - 2 Clarendon Parade Turners Hill

Awaiting s.106 obligation.

31.07.2014

07/14/0896/F Brook Farm Cuffley Hill Cuffley - Retrospective change of use of agricultural buildings (Units A, B, H and I) to Class B8 (storage) use

Under consideration.

02.12.2014

07/14/0940/F Variation to conditions 1 and 2 of planning permission 07/11/0037/F to permit further occupation of the plot - 19 Leeside Wharf Road Wormley

Under consideration.

15.12.2014

07/14/0941/F Variation to conditions 1 and 2 of granted permission APP/W1905/C/11/2151926 to permit further occupation of the plot - 23 Leeside Wharf Road Wormley

Under consideration.

15.12.2014

07/14/0946/LB Listed building consent to re-roof The Beaufort Suite Hall - Beaufort Suite Bishops College Churchgate

Requires Secretary of State decision.

06.01.2015

07/14/1115/F Removal of condition 16 of planning permission 7/0078/05/F/WX -Newsprinters( Broxbourne) Ltd Great Eastern Road Waltham Cross

Under consideration.

06.02.2015

07/15/0036/F Variation to condition 3 of planning permission 07/13/0583/F that the workshop is completed in accordance with the proposals contained in drawing SG-019 A - Feel Free Farm Cock Lane Hoddesdon

Under consideration

11.03.2015

07/15/0499/LDC Certificate of lawfulness for the existing use of the pool house as a beauticians - Brackendale St James Road Goffs Oak

Awaiting more information

30.07.2015

07/15/0500/LDC Certificate of lawfulness for the existing use of the outbuilding as a graphics design and sign making business - Brackendale St James Road Goffs Oak

Awaiting more information

30.07.2015

07/15/0501/LDC Certificate of lawfulness for the existing use of the garage as a residential dwelling - Brackendale St James Road Goffs Oak

Awaiting more information

30.07.2015

07/15/0725/LDP Certificate of lawfulness for a proposed single storey side and rear extension, front porch and loft conversion with rear dormer - 35 Bell Lane Broxbourne

Insufficient information

28.09.2015

07/15/0765/F Change of use from single family dwelling to HMO - 3 Stoneleigh

Awaiting amendments

08.10.2015

A46

Close Waltham Cross

07/15/0870/LDP Certificate of lawfulness for a proposed 1m high fence around land to the side - 48 Columbia Road, Turnford

Awaiting Withdrawal

30.10.2015

07/15/0889/LB Listed building consent for internal alterations, insertion of two new external doors, replacement of modern window, insertion of conservation rooflight (Refer 07/15/0888/F) - 102 and 104 High Street Hoddesdon

Awaiting listed building report

13.11.2015

07/15/0893/LDP Certificate of lawfulness for proposed loft conversion with rear dormer and change in roof shape from hipped to gable - 99 Stortford Road Hoddesdon

Awaiting amendments

17.11.2015

07/15/0998/F Removal of conditions 8, 11 and 12 and variation to conditions 4 and 7 of planning permission 07/15/0181/F - 55 High Road Broxbourne

Under consideration

08.12.2015

07/15/1006/HF Retention of existing vehicle cross over, earthworks involving raised ground levels within existing garden, raised timber deck area and new boundary fences - 9 Bassingbourne Close Broxbourne

Under consideration.

17.12.2015

07/15/1031/HF Hardstanding and vehicle crossover - 24 Eleanor Cross Road Waltham Cross

Under consideration

24.12.2015

07/15/1034/AC 3 no low level and one 3.15m high hoarding signs externally illuminated - Tina Nursery Goffs Lane Goffs Oak

Under consideration

28.12.2015

07/15/1094/F Roof Terrace - 6 The Coach House Hogges Close

Under consideration

13.01.2016

07/15/1141/AC Banner advertisements on lamp posts along Eleanor Cross Road and Station Road Waltham Cross/Waltham Abbey - Eleanor Cross Road and Station Road Waltham Cross

Awaiting meeting with Applicant & HCC Highways

22.01.2016

07/15/1173/HF Infill existing timber structure with brick construction. Replace existing front elevation patio doors with new windows, new french doors to side elevation and new obscure glazed window to side elevation - 24 Cuffley Hill Goffs Oak

Awaiting revisions

01.02.2016

07/15/1203/LB Listed building consent for the erection of a summer house, log store and garden shed - Priests

Under consideration

15.02.2016

A47

House 90 High Road Broxbourne

07/15/1214/F Change of use of part reception area and office to cafe area, enlarged seating area with framed canopy with low level glazing and blinds - 132-136 Turners Hill Cheshunt

Awaiting amendments

16.02.2016

07/15/1216/HF Two/single storey rear extension, single storey side/front extension and loft conversion with front and rear dormers - 3 Westfield Road Hoddesdon

Under consideration

17.02.2016

07/16/0001/F Variation to condition 2 of planning permission 07/15/0119/F that the development permitted shall be carried out and completed in accordance with the proposals contained in drawings 1388:5010 rev P1 to 1388:5017 rev P1and 1388:5020 rev P1 to 1388:5026 rev P1 to provide nine buildings comprising 114 residential dwellings (37 no. one bed, 65 no. two bed, 6 no. three bed and 6 no. four bed) - Hazelmere Marina Station Road and Lea Road Waltham Abbey

Awaiting revisions

22.02.2016

07/15/1223/HF Two storey side extension (Re-submission 07/15/0935/HF) - 15 Rushleigh Avenue Cheshunt

Under consideration

23.02.2016

07/16/0003/LB Listed building consent for conversion of offices to three residential flats (Refer 07/16/0002/F) Re-submission 07/15/0755/LB - 87-89 High Street Hoddesdon

Under consideration

23.02.2016

07/16/0004/HF Conversion and extension of existing garage to form an annex accommodation for a live in carer - 13 The Chase Goffs Oak

Awaiting revisions

25.02.2016

07/16/0010/HF Loft conversion with rear dormer - 30 Lulworth Avenue Goffs Oak

Under consideration

25.02.2016

TOTAL OTHERS THIS MONTH: 36

TOTAL OTHERS LAST MONTH: 44

GRAND TOTAL THIS MONTH: 71

GRAND TOTAL LAST MONTH: 89