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PLANNING AND REGULATORY COMMITTEE
22nd May 2018
PLANNING APPLICATIONS FOR DETERMINATION Item 1: 07/17/0352/O
Location: Land North and South of Andrews Lane and South of
Peakes Way, Cheshunt Description: Demolition of existing
buildings at Garry Ross Farm and
development of a mixed use scheme to include a new linear park
and comprising up to 380 dwellings, 64 bed care home, local centre
comprising up to 604 sqm of A1, A2, A3, A4, A5 and D1/D2 uses and
associated ancillary facilities, a primary school, improved
recreational, leisure and sporting facilities and associated open
space, landscaping and car parking provision as well as private and
communal amenity space.
Applicant: Crest Nicholson Ltd Agent: RPS CgMs Date Received:
07/04/2017 Expiry Date: 07/07/2017 Item 2: 07/17/0864/O Location:
Tudor Nurseries, Burton Lane, Cheshunt Description: Demolition of
existing buildings and construction of up to
360 dwellings [use class C3] including affordable homes, family
housing and ‘retirement village’, retail unit up to 500sqm [use
class A1], associated open space, drainage features, vehicular,
pedestrian and cycle accesses and ancillary infrastructure and
ground works.
Applicant: CEG Land Promotions Ltd Agent: Code Development
Planners Ltd Date Received: 22/08/2017 Expiry Date: 21/11/2017
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Item 3: 07/17/1267/O Location: Langdons & Ballymour, Andrews
Lane and Land Between
Andrews Lane and Burton Lane, Goffs Oak, Herts, EN7 6SP
Description: Outline application for up to 60 dwellings
including
associated access Applicant: Mr Spitaliotis and Mr Brunton
Agent: DLA Town Planning Ltd Date Received: 11/12/2017 Expiry Date:
12/03/2018 Officer Contact: Peter Quaile Date of Committee:
23/05/2018 Ward Councillors: Leader of the Council; Cllr Moule;
Cllr Jeremy Pearce Background The two larger major outline
applications relate to land to the north and south of Rags Brook
and encompass much of the area lying between Peakes Way at the
northern extremity and Goffs Lane to the south. The northern
application which in total encompasses an area of nearly 44
hectares [ha] seeks permission for up to 380 dwellings, a 64 bed
care home, a two form of entry primary school, a linear park and a
small commercial centre. The southern portion proposes up to 360
dwellings, a retirement village and a local convenience store on a
site area of 15.6ha. There is also a smaller outline application
which proposes up to 60 dwellings and public open space on 4.5ha of
land which extends from Andrews Lane through to Burton Lane and was
submitted in December 2017. These three schemes comprise the great
majority of land allocated under draft Policy CH2 in the Local Plan
which was published as a Regulation 19 Draft Local Plan
Consultation Document in November 2017 in preparation for
submission to MHCLG which took place in March earlier this year.
The final element of the draft site allocation is a small parcel of
land south of Andrews Lane, to the west of Rosedale Sports Club,
which is at present not subject to a planning application.
RECOMMENDED that planning permissions be granted subject first
to submission to and clearance by the Secretary of State, the
applicants completing planning obligations under s.106 of the Town
and Country Planning Act 1990 (as amended) for the terms set out in
this report and the conditions in respect of each application in
the Appendix at the end of this report.
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This report is structured as follows:
Strategic planning and the draft site allocation
Detailed assessment of the northern application [07/17/0352/O] –
Pages 9-24
Detailed assessment of the southern application [07/17/0864/O] –
Pages 25-39
Detailed assessment of the Andrews Lane/Burton Lane application
[07/17/1267/O] – Pages 40-51
Strategic highway issues – Page 52
Planning obligations – Page 53
Conclusion
Recommendation
Conditions for each scheme in an appendix If Members of the
Committee have technical or factual queries on any matter covered
by this report then they are encouraged to contact the case officer
for clarification in advance of the meeting. 1. Strategic Planning,
Draft Allocation and the Principle of Development 1.1 The
background assessment work in relation to the Green Belt which
underpins the
draft allocations in the Local Plan is set out in the Council’s
“Green Belt Topic Paper” June 2017. This document builds on
previous evidence studies in order to provide the most up to date
basis to inform draft allocations and amendments to the Green Belt
boundaries. The topic paper notes that the required housing supply
from 2018-2033 cannot be met solely by use of land in the urban
area. The inevitable conclusion from that premise is that land will
need to be found within the Green Belt to reach the housing targets
set out in the draft Local Plan. In looking to intrude into the
Green Belt the topic paper emphasises the requirement to
demonstrate “exceptional circumstances” as required in the NPPF in
relation to altering Green Belt boundaries through the plan-making
process and sets out 26 detailed criteria on which to establish
“exceptional circumstances”. The topic paper examines each of the
sites proposed for release from the Green Belt and appraises them
individually against the stated criteria. Rosedale Park is
critically assessed on pages 32-33 of the topic paper and is found
to accord with the principles of sustainable development and the
conclusion is that there is a strong case to release the site from
the Green Belt.
1.2 Policy CH2 of the Regulation 19 Draft Local Plan Submission
Document allocates
Rosedale Park “as a series of interlinked new suburban parkland
communities…” The three sites noted above are explicitly named in
the Policy and a series of
criteria which aim to guide development on the three land
parcels are set out on page 44 of the Draft Local Plan. Page 45 of
the Draft Local Plan emphasises that Rosedale Park is to be
developed in accordance with a comprehensive master plan. An
indicative concept plan is set out on the same page which shows
prospective land parcels, parkland, corridors, inclusive access
north-south and west-east along with the location for the new
primary school and southerly extension to the Rosedale Sports
Club.
1.3 Policy CH2 of the Regulation 18 and 19 consultation drafts
of the Local Plan have
been subject to 32 comments from residents and interested
parties of which 27 raised objection. The comments made relate to
the following matters:
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Goffs Oak Community Association [GOCA] objects to the proposed
site allocation.
[IDs 24, 28, 30,33,34,35,37,38]:
Rosedale Park is located in Goffs Oak not Cheshunt
Rosedale Park housing proposals are too big to be accommodated
by existing
health facilities and too small to pay for new health
facilities
Insufficient secondary school capacity
Harm to the Green Belt, especially coalescence with Cheshunt
Government favours sustainable locations such as next to railway
stations rather
than unsustainable car-dependent rural locations such as
Rosedale Park
Majority of Tudor Nursery site is not derelict and is open
land
Tudor nurseries site is viable for glasshouse/horticultural
use
Flood risk at the Tudor Nurseries site
Biodiversity loss resulting from Tudor Nursery proposals
Rosedale Park North is a greenfield site with high landscape and
biodiversity value
Misleading to claim that the housing will expand/extend/improve
Rosedale Sports
Club
Too much housing on Rosedale Park North
Destruction of beautiful countryside
No need for additional open spaces/paths as Goffs Oak already
well served
Unsustainable proposal as no access to services
No exceptional circumstances for release from Green Belt
Insufficient provision for elderly people [GOC, Mr Barry
Cressey, ID449]
Other objections to Rosedale Park:
No development in floodplain [Environment Agency ID 680].
River buffer strip of at least 8m [Environment Agency ID
680].
Road network cannot cope [Keith Veralls ID 591, Dr David Storey,
ID 58]
Cap on apartments will worsen affordability [Mrs Pierce]
No evidence of how secondary education need will be met [Mrs
Pierce, ID 118]
Transport strategy will mean that residents will have to travel
to Lieutenant Ellis
Way or Brookfield [Mrs Pierce, ID 118]
Should mention the heritage assets close to the proposed
development and any
protections [Historic England ID 155]
Green Belt - ref Barwood court case 2017 [CPRE, ID 342].
5% apartments inappropriate [Crest Nicholson, ID 423]
Tree requirement excessive [Crest Nicholson, ID 424]
Unnecessary reference to CPO [Crest Nicholson, ID 427]
Site off Rags Lane should be allocated [Abbey View Produce, ID
573 ]
Tudor Nurseries should be retained.[Keith Veralls ID 591]
The council should not have assisted the landowners with their
application prior to
the matter going to public consultation [Keith Veralls ID
591]
merging of Goffs Oak and Cheshunt [Keith Veralls ID 591]
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The Goffs Oak Community Association in objecting sought the
deletion of Policy
CH2 from the emerging Local Plan. The issues of detail are
examined in detail in the assessment of each respective application
set out below in this report. The existing draft policy was
submitted to the Secretary of State on 15th March 2018 and the
Examination in Public is anticipated in early autumn this year with
formal adoption anticipated in early 2019. The draft policy
anticipates around 790 dwellings for the overall site. The current
applications seek outline permission for up to 800 dwellings and
have come forward for development without the small parcel of land
in separate which adjoins Lea Mount and which would support
approximately 20 dwellings. The overall quantum of proposed
development is considered to be consistent with the principles of
the draft allocation under Policy CH2. (See Local Plan concept plan
on page 8 of this report).
The Principle of Development
1.4 The three sites are located entirely within the Metropolitan
Green Belt. As a
consequence, in accordance with Policy GB2 of the Adopted Local
Plan [2005] and the paragraph 87 of the NPPF, the proposed housing
schemes represent inappropriate development which, by definition,
is harmful to the Green Belt. Such development should not be
approved except in very special circumstances [VSC] and local
planning authorities should not approve inappropriate development
unless the VSC clearly outweigh the potential harm to the Green
Belt from the proposal.
1.5 The application north and south of Andrews Lane is
accompanied by a planning
statement which sets out the following VSC:
Delivery of houses to meet the five year land supply
Delivery of much needed affordable housing
Provision of family housing to meet the assessed need
Delivery of accommodation for the growing elderly population
Promotion of sustainable patterns of development
Creation of new 15ha country park
Biodiversity/ecology enhancement
Provision of local facilities including 2FE primary school,
local centre, new local play facilities, improved bus viability and
enhanced sports facilities
Economic benefits from New Homes Bonus, Council Tax and local
retail/services spend from residents of the proposed
development
1.6 In reviewing the VSC advanced by the applicant it should be
noted that much of the perceived benefit that would accrue would
not be exclusive to this site and would be highly likely to be
delivered by most substantial housing schemes. More specifically,
housing land supply is not on its own sufficient justification to
develop in the Green Belt. In addition, matters such as affordable
housing, family and elderly accommodation, play and sports
provision are required by adopted Local Plan policies and the NPPF
to accompany larger residential proposals as part of sustainable
development and these matters are not considered to possess
significant weight. However, the particular circumstances which are
considered to mark out this scheme are the provision of a new 15ha
park which would not only provide ecological benefits to the Rags
Brook, but also give rise to public access by means of an extensive
network of public foot and cycle paths. In addition, the new
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primary school would provide places for children beyond the
application site, there would be improvements to Rosedale Sports
Club which would have use by the wider community and the proposed
medical/community use would potentially mitigate the current
pressure on primary care facilities in the surrounding area. These
elements are considered to be key elements of what would be an
accessible and sustainable extension to the existing urban
area.
1.7 With regard to the application at Tudor Nurseries, the
applicant notes the
conclusions of the EiP inspector at the Core Strategy hearings
who observed that Goffs Lane and Burton Lane [amongst others] would
be obvious potential, defensible Green Belt boundaries if there
were to be development to the west of Cheshunt. In terms of VSC,
the applicant has identified the following matters as pertinent to
the assessment;
The Council’s five year housing supply is deficient which
provides a pressing need for residential development
The scheme would provide elderly persons’ homes in a retirement
village
Policy compliant affordable housing
Landscape and visual improvement
Sustainable place making with good access to local services
Additional open space provision well beyond the Local Plan
policy requirement
Ecological/habitat improvement
High quality design
Transport improvements, including walking and cycling
Socio-economic benefits 1.8 In a similar way to the northern
site examined above delivery of housing land is not
a supportable justification on its own for development in the
Green Belt. Similarly, a great deal of benefit identified by the
applicant as VSCs would ordinarily be delivered by any
comparably-sized residential scheme by simply complying with local
and national policy. Limited weight, therefore, can be afforded to
the matters relating to provision of elderly persons’ homes,
affordable housing and high quality design. The matters which are
considered very special in relation to this site are the relative
over-provision of open space as part of the new park network,
sustainable place making and visual improvement of a commercial
horticultural site. Members should also note [amplified in the
chapter on planning obligations] that the applicant has agreed to
the principle of making pro rata contributions to provision of the
primary school, the creation of the country park and improvement of
Rosedale Sports club generating wider public benefits as part of
delivery of the overall scheme.
1.9 Turning to the third, smaller site which runs from Andrews
Lane through to Burton
Lane, the applicant has put their case for development within
the Green Belt by reference to the following matters set out as
VSC:
The lack of five year housing supply within the Borough
Provision of affordable housing for which there is a substantial
need
Site allocation for development within the emerging Local
Plan
Site location can provide linkage between the two larger
sites
Delivery of around half the application site as public open
space
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1.10 This third site would provide up to 60 dwellings along with
policy compliant levels of affordable housing. These matters are
unexceptional in themselves and limited weight can accordingly be
attached to them. The site is allocated in the emerging Local Plan
as are the accompanying larger component schemes. The delivery of
this site would form a permanent landscape/open space buffer to the
east of St James village with public access and foot/cycle access
through to Tudor Nursery site, the Crest Nicholson site to the east
along with Burton Lane to the south-west. The site is an important
element of the overall masterplan vision set out in the draft Local
Plan and in that context its contribution to public open space and
accessibility along with provision of a landscape buffer and
delivery of the wider, sustainable scheme are considered to hold
weight in assessing the VSC.
1.11 The applicant for each of the three applications has put
forward elements of their
scheme which they consider to represent VSC which would justify
inappropriate development in the Green Belt. Although a fair
proportion of the apparent benefits would not be very special or
even uncommon, there are components of each scheme which can be
afforded considerable weight in assessing the principle of the
applications. The comprehensive, sustainable nature of the combined
proposal weighs heavily in its favour, as do the creation of a
large new park with public access and delivery of community
facilities to include educational, sporting and recreation along
with walking and cycling connections leading both north-south and
west-east through the development into the existing built up area.
The site has been allocated for development in he Submission Draft
Local Plan. The key aims of emerging Policy CH2 are to create
developments around a new park, protect the future of Rosedale
Sports Club, retain the landscape and ecological qualities of the
Rags Valley with extensive public access throughout, provide the St
James’ Green Link, as well as provide social and physical
infrastructure in association with a range of housing sizes and
types. The delivery of this holistic, master-planned scheme forms
part of what are considered to be very special circumstances which
would clearly outweigh the harm caused by inappropriate development
in the Green Belt.
Green Belt 1.12 The report notes above the Green Belt location
of each of the application sites and
that their development for residential and associated uses is
inappropriate. As such the schemes are contrary to adopted Local
Plan Policy GB2 and to paragraph 87 of the NPPF. In terms of the
impact on openness and the character and appearance of the Green
Belt it is clear that these developments represent a major
intrusion into the Green Belt in this semi-rural location. The
justification for this inappropriate development derives from the
stated policy intention of the Council to remove the Green Belt
designation from this entire area, under the terms of Regulation 19
Submission draft Policy CH2. In this context the individual
applications are assessed in the report in relation to their
conventional townscape and visual impacts.
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Prematurity
1.13 The assertion has been made by objectors, in particular the
Goffs Oak Community Association and the CPRE, that determination of
these schemes is premature. In their view, the strategic nature and
scale of the Rosedale Park proposals mean that a decision should
not be made by the Council in advance of the Examination in Public
[EIP] and the publication of the Inspector’s report. Whilst it is
certainly the case that the resolution set out in this report would
entail a determination before the EIP, there are a number of
reasons which mitigate in favour of this course of action. First,
the site is allocated in the draft Regulation 19 Local Plan and has
been the subject of only limited adverse comment from residents and
interested parties. Secondly, the Council’s five year housing land
supply is 3.19 years [without the emerging Local Plan allocations]
according to the Annual Monitoring Report which is a significant
shortfall which needs to be addressed. .The advice set out in
Planning Practice Guidance is that applications which propose
sustainable development should be approved [subject to restrictions
imposed by specific policies set out in the NPPF] It is considered
that this overall development is fully sustainable subject to
comprehensive delivery of the three current applications in tandem
with the substantial range of financial and community benefits to
be secured via the planning obligations for each individual
site.
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The Individual Site Assessments Land North and South of Andrews
Lane and South of Peakes Way, Cheshunt,
Herts, EN7 2. CONSULTATIONS 2.1 Environmental Health – No
objection subject to conditions to investigate ground
conditions from previous uses and to control noise, dust,
lighting levels and air quality
2.2 Environment Agency – No objection subject to conditions
relating to provision and
management of an 8m buffer zone either side of Rags Brook, a
comprehensive landscape management plan and a detailed method
statement for removal/control of invasive fauna around Rags
Brook
2.3 Herts and Middx Wildlife Trust – No objection subject to a
construction
environmental management plan, an ecological design strategy and
landscape and ecological management plan
2.4 HCC Highways – Detailed final response awaited but the
understanding is that
agreement has been achieved in relation to all substantive
highway matters subject to conditions. A verbal update on this
matter will be provided at Committee
2.5 HCC Flood Risk – No objection subject to conditions relating
to detailed surface water disposal on each phase of development
including the primary school
2.6 HCC Infrastructure Officer – Requests contributions in
relation to the full range of
County statutory services in line with their published planning
obligations tool kit 2.7 Sport England – No objection as statutory
consultee but objection as a non-
statutory consultee which would be reviewed if appropriate
contributions were to be made towards indoor and outdoor sports
facilities via a planning obligation
2.8 Thames Water – No objection in relation to water supply and
foul water drainage
subject to condition 2.9 NHS England – Seeks a financial
contribution of £1,150,381.80 towards a wide
range of medical services in the local area 2.10 CPRE – Object
to inappropriate and premature development in the Green Belt 2.11
Goffs Oak Community Association - Objects to the lack of very
special
circumstances to justify development in the Green Belt, local
roads and infrastructure is unable to support an application of
this magnitude. The loss of this open land would contribute to a
merging of Goffs Oak with Cheshunt
2.12 Herts Constabulary – Supports the application which is
intended to be submitted for
“Secured by Design” accreditation. 2.13 Herts Fire and Rescue –
Requests that fire hydrants are included within the
planning obligation
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3. PUBLICITY 3.1 The application was advertised by means of a
press advert and site notices posted
on 19th April 2017 and individual letters to 310 neighbouring
properties. 3.2 Individual letters were sent to residents in the
following streets: Rags Lane, Lucern
Close, Grenadine Close, Little Grove Ave, Glover Close, Allard
Close, Byron Close, Forresters Close, Cowles, Dickson, Acacia
Close, Granby Park Close, St Annes Close, Leaforis Road, Hastings
Ave, Conifer Close, Hornbeam Way, Thompsons Close, Faints Close,
Caldicote Ave, Lea Mount, Burton Lane, The Maples, Whitethaven
Close and Andrews Lane.
4. REPRESENTATIONS 4.1 43 letters of objection have been
received from neighbouring properties and 75
supporting emails from a variety of locations have been
submitted. The objectors raised the following concerns:
The local plan has not yet been agreed or sent to the
government
Lack of road capacity and links – Peakes Way will become a rat
run
There is no need for all this housing
There could be trees in the gardens of new houses which would
get too large and block light
There is no provision for extra school places, primary and
secondary are needed
The doctors’ surgeries are finding difficulty in recruiting
staff
This site has been turned down at least six times before
Loss of wildlife, trees and open green areas/parkland – the
scheme would merge with the south end of the Hammondstreet area
thus to the very edge of Broxbourne Woods nature reserve
There will be loss of outlook, noise and pollution resulting
from the proposal
Local infrastructure will not cope with the new development
Introducing cycle and footpaths will destroy security,
tranquillity and privacy
The new footpaths should be designed to marry up with the
Hertfordshire Way
This development should not all be council accommodation
This rural area will become a housing estate
The proposal is over-development to prevent swamping local
communities
The screen of trees between Garryross Farm and Andrews Lane
should be retained undamaged
The developer has been lobbying local residents to support the
scheme
There should be a bus link for commuters to Cheshunt Station
Creation of a park next to the commercial nursery could put its
future at risk from vandalism
If there are flats there could be loss of light
Who will maintain the hedges at the end of my garden in Granby
Park Road?
There could be harm to protected species including bats and
grass snakes
There could be flooding to adjoining houses
There may be extra anti-social behaviour
The Andrews Lane/Rosedale Way junction will become impossible in
school hours
Andrews Lane is dangerous with high speeds and mud/debris on the
road
Bus services have been reduced in the area which forces more use
of cars
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5. RELEVANT LOCAL PLAN POLICIES 5.1 The following policies of
the Borough of Broxbourne Local Plan Second Review
2001-2011 (adopted December 2005) apply: SUS3 Waste and
Recycling SUS12 Development on Contaminated Land SUS17 Flood
Prevention SUS18 Surface Water Drainage GBC2 Development Within the
Metropolitan Green Belt H2 Maximising the Development Potential of
Sites H8 Design Quality of Development H11 Housing Densities in New
Development on Unallocated Sites H13 Affordable Housing HD14 Design
Statement on Local Character HD16 Prevention of Town Cramming HD17
Retention/Enhancement of Landscape Features T3 Transport & New
Development T9 Pedestrian needs T10 Cycling Provision T11 Car
Parking
5.2 The following policies of the Local Plan Regulation 19
Submission Draft March
2018 are also applicable: CH2 Rosedale Park DSC1 General Design
Principles ENV1 Residential and Environmental Quality GB1 Green
Belt H1 Affordable Housing NEB4 Landscaping and Biodiversity in New
Developments TM1 Sustainable Transport TM2 Transport and New
Development TM4 Parking Standards W4 SuDS W5 Flood Risk
5.3 The National Planning Policy Framework (NPPF) 2012 also
needs to be considered. The local planning policies listed above
are generally considered to accord with the policies and principles
of the NPPF.
6. LOCATION AND DESCRIPTION OF SITE 6.1 The irregularly shaped
application site is located to the north and south of Andrews
Lane and has a total area of just under 44 hectares [ha]. To the
north the application site extends to Peakes Way, to the west it
abuts Crouch Lane and to the east it extends to Rosedale Way. To
the south it would adjoin the northern extent of Lea Mount. The
application also includes a parcel of land to the south of Rosedale
Sports Club which is to the north of Thompsons Close.
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6.2 The site primarily consists of pasture land and former
agricultural land which is unused apart from intermittent use for
grazing by horses. The farm building complex of Garryross Farm lies
to the north of Andrews Lane towards the western end of the site.
The 14 house residential development at Grangebrook adjoins the
north-west of the site along with a commercial horticultural
nursery; residential accommodation is located to the south and west
of the site in St James Village and at the eastern end of the site
in the recently-constructed Sovereign Gate development and
established estates accessed from Rosedale Way.
6.3 Rags Brook, which is a main river tributary of the River
Lee, meanders west-east
through the site and is supplied by the land falling steeply
towards it from the north and south while the overall site falls in
a west-east direction. The site falls entirely within Flood Zone 1
defined by the Environment Agency as an area with a low probability
of fluvial flooding.
6.4 The entire site is the subject of a Tree Preservation Order
[No.9] 2016 which seeks
to protect the significant trees which border the field
boundaries and which chiefly lie in copses near to the farm and at
the southern and south-western boundary.
6.5 Andrews Lane is an unclassified road subject to the national
speed limit apart from
a short section at its eastern end where a 30mph limit is in
force.
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7. PROPOSAL 7.1 The application is in outline with only the
accesses onto the public highway to be
determined at this stage. All other matters would be determined
under future reserved matters applications. There are proposed to
be six points of vehicular access, four to the north and one to the
south of Andrews Lane along with access for the northern extent of
the development from Peakes Way. There would be a new spine link
road travelling through the new local centre accessed from Andrews
Lane west of the sports club and east of Lea Mount. The intervening
part of Andrews Lane would be changed to a pedestrian/cycle route
with no through traffic and access reserved for the day nursery,
sports club and Lea Mount.
7.2 The new accesses would serve seven parcels of development
land which are
indicatively shown on the submitted indicative masterplan to
consist of dwellings to the south, west, north of Andrews Lane and
to the north east of the road [including a care home]. To the core
of the site would be a small local centre and a two form of entry
primary school with associated nursery. The density of this scheme
is around 8.5 dwellings per hectare
7.3 As an integral part of the scheme there would be a c.15ha
park created which
would run west-east either side of Rags Brook accessed by a
network of public paths in a landscaped setting to include a
community orchard, neighbourhood play area and SuDS drainage swales
for the development.
Central part of Andrews Lane to be closed to through traffic
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7.4 The scheme is supported by an Environmental Impact
Assessment which covers the full range of likely individual impacts
on existing ground conditions, air quality, landscape and views,
ecology, noise, social/economic issues, traffic and transport,
water resources/flood risk and archaeology in relation to the
proposal as well as the potential cumulative impacts from the
overall quantum of development within Rosedale Park.
7.5 The scheme is also underpinned by a full design and access
statement and four
associated parameter plans for approval which show Land Use,
Landscape Structure, Movement Framework and Building Heights. The
Land Use plan illustrates the pattern of proposed uses including
the local centre with housing, the school, care home and sports
ground extension. The Landscape plan sets out the mosaic of natural
and man-made landscape which is proposed to be the outcome of the
scheme including retention of natural vegetation, public open
space, new play area, surface water drainage and link road. The
Movement Framework seeks to set the context for the routes for
vehicle, foot and cycle traffic into and through the site. This has
been supplemented by a revised hierarchy of foot/cycle paths since
submitted by the applicant. Building heights would be predominantly
two or two and a half storeys with some pockets of three storey
development mainly clustered around the local centre but also
including the proposed elderly persons care home further to the
east.
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7.6 The development zones which make up this application are
proposed to show
density, design and townscape attributes appropriate to the
various locations across the overall site. The land parcel at the
extreme west of the site would consist of five bedroom detached
house with large rear gardens and similar properties would feature
as prominent corner/development edge buildings at the periphery of
other residential quarters. The grain of development would become
more compact as it approaches the local centre with blocks of two
bedroom flats chiefly in the areas near to the school and
medical/commercial uses. Throughout the remainder of the site there
would be a mix of two, three and four bedroom houses predominantly
semi-detached dwellings among terraces of houses. Affordable
housing is proposed to be pepper-potted across the site consisting
of flatted blocks and terraced dwellings.
7.7 The external appearance of the dwellings is not for
determination at this stage but
the indicative design proposals are grouped around five
character areas which would draw their cues from the recent
development at Sovereign Gate, other existing houses in the
vicinity of the site along with more ‘modern’ examples. The
computer generated images provided by the applicant are shown
below.
Indicative Site Layout
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Indicative CGI Images
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8. RELEVANT PLANNING HISTORY 8.1 The sole relevant planning
history on the application site is the refusal of outline
planning permission in 2013 for development of up to 63
dwellings on Land South of Peakes Way. The four reasons for refusal
were inappropriate development in the Green Belt, prematurity in
advance of the Council assessment of development options in Goffs
Oak, failure to demonstrate that an acceptable layout can be
achieved and failure to enter into a suitable planning
obligation.
8.2 Permission was granted in 2013 for residential development
of the former Everest
Sports Ground which is at the eastern end of Andrews Lane. This
has been implemented and completed as Sovereign Gate.
8.3 Permission was granted for residential development in 2016
at Grangebrook which
adjoins the application site at its north-western corner. This
scheme has also been implemented and completed.
9. APPRAISAL 9.1 The main issues for consideration in this case
are as follows:
1. The principle of development for residential and associated
uses
2. Design and townscape
3. The impact on living conditions for neighbouring
properties
4. Living conditions for future occupiers of the property
5. Highway access and car parking 6. Landscape and Ecology 7.
Ground Conditions and Drainage
8. Other matters
These matters are appraised in turn below. Principle
9.2 The proposal, as confirmed in the preamble to this report,
forms part of the Rosedale Park draft site allocation under Policy
CH2. The first part of the report looks in detail at the principle
of development in the Green Belt and also the issues around
formally determining the application at this point in the Local
Plan adoption process. The conclusion drawn from that assessment is
that the principle of development and determination are acceptable
in the context of local and national planning policy.
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A19
Design, Layout and Townscape
9.3 The matters to be discussed in this section of the report
are not submitted for determination in this application but the
applicant has submitted a detailed and highly developed masterplan
with the proposal along with indicative design proposals for
individual dwellings and the local centre. The design proposals
have been modified since the original submission so as to refine
the architectural treatments and to offer more attractive and
convincing elevations and forms for the houses and other associated
buildings.
9.4 The design of the houses is proposed to be traditional in
general form and
materials with brickwork, render and weatherboarding to the main
elevations. The five distinct character areas for development start
with ‘Rosedale Gate’ which would cluster around the eastern access
to the site from Andrews Lane and include the elderly persons’ care
home. This area would take its main design cues from Sovereign Gate
along with the nearby housing at Granby Park Road and St Anne’s
Close. The intention is to use materials typical of local buildings
such as red brick, tile hanging, weatherboard and clay tiles. The
indicative design is considered to be acceptable as shown
below.
9.5 The local centre, in common with the other character areas,
has been the subject of negotiation as the initial design concepts
were unconvincing in relation to the delivery of high quality,
keynote architecture around the school and the other
commercial/community uses. The indicative elevations have been
refined and improved so that this important hub at the centre of
Rosedale Park is now capable of achieving striking and attractive
designs for individual buildings and as a wider townscape exercise.
The revised CGIs are shown below.
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A20
9.6 The character areas to the south of Andrews Lane and to the
west of Rosedale
Park would draw more of their references for their external
appearance from St James village. A combination of traditional
forms with some more modern detailing could provide a pleasing
overall design with brick, weatherboarding and slate predominating.
Individual houses and street scenes are shown below.
9.7 The most northerly character area, accessed from Peakes Way
would be visually
separate from the other development zones but will be linked due
to the open parkland allowing intervisibility. The applicant has
proposed that these elements should take their design lead from
buildings such as Burton Grange and other distinctive buildings on
Rags Lane. The outcome is indicative elevations in red brick with
timber detailing and subject to final detailed submissions the
design is considered to be acceptable.
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A21
9.8 The final detail of the houses and other buildings will be
subject to reserved matters approval but the indicative external
appearance is now considered to be acceptable. As an integral part
of the implementation of the scheme it is proposed that conditions
be imposed which require submission of detailed design codes for
each of the character areas prior to work starting in each of the
particular developments. In addition, in order to ensure that the
entire development has visual connectivity and high quality
streetscapes, it is also proposed to impose a condition requiring
submission of an over-arching public realm design code. This would
clearly have variations across the piece to reflect the various
character areas but keynote public realm design is necessary to
make this an outstanding area to live and work.
9.9 With regard to layout and townscape, the proposed masterplan
has sought to make
use of the natural contours, features and vegetation with the
aim to produce an outstanding development clustered around a new
country public park. The submitted layout reflects the Indicative
Concept Plan which accompanies draft Policy CH2 and would allow for
open vistas along the line of Rags Brook so that there would be a
visual break for the full length of the scheme from Rosedale Way
through to Rags Lane. The layout also envisages a broad and open
vista north to south from the higher ground near Peakes Way across
the valley and over the school site into Rosedale Sports Ground.
Each discrete development zone would be set back from Andrews Lane
behind retained and enhanced natural vegetation and the layout
retains the maximum amount of existing mature trees and associated
flora in order to achieve a parkland setting. Due to the natural
topography and the established vegetation in around the site, the
wider visual impacts of this major proposal will be limited with
the exception of the development proposed on the higher ground next
to Peakes Way. This part of the scheme would not sit as an isolated
piece of development but rather as an extension to the built form
on the south-western side of the road. The allocated site had been
selected with the intention of minimising wider views and it is
considered that the indicative master plan achieves this aim.
9.10 A key component of the layout is to set out the
connectivity for pedestrians/cyclists
which would underpin the functioning of this new quarter. The
applicant has worked on providing a clear hierarchy of such routes
with main connections across the site, north-south from Peakes Way
and also from the south where a main pedestrian route to the new
school would lead from the Tudor Nursery site, along the western
edge of Rosedale Sports Club and across Andrews Lane where it would
closed to through vehicular traffic.
9.11 In terms of the proposed dwellings, the individual houses
are shown typically to have setbacks from the highway, with
feature, larger houses punctuating the townscape to emphasise
corners and define entrances to roads. The reserved matters
applications will reveal in greater detail how the houses and flats
respond to the opportunities offered by the ground level changes
across the site. The new play area would be integrated into the
landscape immediately to the north of the local centre which is
considered to be the optimum location for this facility. Overall,
the layout and townscape are considered to be a good response to
the natural constraints and this masterplan would use the Rags
Valley to create high quality urban and semi-rural environments.
The scheme is considered to be in accordance with adopted Policies
HD14 and HD16 along with draft Local Plan Policy DSC1.
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A22
Impact on Living Conditions for Neighbouring Residents
9.12 The indicative layouts would be the subject of reserved
matters applications in due course andthe key receptors around the
site are houses accessed from Rosedale Way and Peakes Way to the
east and north-east of the site along with houses in St James
village at the south-western edge of the site. The two houses
fronting Andrews Lane which fall within the red line of the third
and smallest redevelopment site also need to be considered as do
the existing and brand new houses on the corner of Andrews
Lane/Rags Lane as they are adjacent to the development site. Aas
shown on the detailed masterplan the proposal would exceed the
Council’s SPG standards in terms of separation distances to retain
privacy and would not cause material losses of day or sunlight to
the established residential properties. The scheme as shown would
not have an overbearing presence or lead to an undue sense of
enclosure to existing dwellings.. The inevitable result of this
scale of development is that there would be a degree of noise and
disruption generated by construction and there would be additional
activity around the area from the inherent increase in population.
Neither of these issues would represent a valid reason to refuse
the application. The new roads into the sites would be set away
from boundaries with existing estates which means that any impact
from traffic noise and fumes would be mitigated. The environmental
impact on neighbours also needs to be set against the positive
effects of creating a large and accessible public park for the
benefit of St James village and the Rosedale estate along with the
wider community in this area. The impact on living conditions for
nearby residents is considered to be acceptable.
Living conditions for Future Residents 9.13 The masterplan
layout has been revised since submission so that all plots
within
the indicative plan would now have gardens of adequate size and
there would not be issues with loss of privacy within the estates
or any shortfall in outlook from windows to habitable rooms. The
plots are all capable of providing dwellings with floor space
compliant with nationally defined standards and the Council’s SPG.
The reserved matters applications would be required to deal with
these matters of detail but as submitted the development zones are
all considered acceptable in relation to future living
conditions.
The standard of accommodation and associated amenities are
considered to be acceptable in relation to adopted Policy H8, daft
Policy DSC1, the Council’s SPG and national guidance. Highway
access and car parking
9.14 As noted above, the closure of Andrews Lane to through
traffic is a highly important part of the access proposals for this
part of the development. The junctions of the new link road and for
the Crest housing developments north and south of Andrews Lane are
proposed to be designed to a speed limit of 30mph and the
downgrading of the central part of this lane will enable traffic
speeds to be moderated and aims to restore its rural feel. A
Traffic Regulation Order [TRO] will be needed to achieve the
traffic closure. Whilst this is undertaken via a separate
legislative process, closure is considered to be an essential
principle of the development and a condition is therefore proposed
to require this eventuality. Designs of each of the junctions have
been submitted to HCC and it is understood that the principles
around achieving suitable sight lines and forward visibility have
now been agreed.
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A23
The formal response from HCC is awaited to confirm the above
along with suggested, necessary conditions to secure safe access to
each individual phase.
9.15 Turning to parking, while the detailed house layouts are
not being approved at this
stage, the applicant has sought overall to meet the Council’s
SPG parking standards in preparing the indicative layout. The
parking would be provided in a combination of on-site garages and
open parking spaces with typically 3+ spaces for the largest
dwellings and two spaces for the two bedroom terraced houses.
Dedicated parking areas are also to be provided for the
commercial/community uses in the local centre and the new primary
school. The precise final uses in the local centre are not yet
established and the layout/design of the school will be a matter to
be determined at reserved matters stage. The land area allocated
for the new 2FE school and nursery is sufficient to meet the needs
of the use including parking/servicing which will be part of the
future, detailed design process.
It is considered that the highway access and car parking
provision are acceptable for the proposed development in the
context of with the Interim Car Parking Standards, Policies T3 and
T11 of the adopted Local Plan, Policies TM2 and TM4 of the draft
Local Plan and the NPPF. Landscape and Ecology
9.16 The scheme is supported by highly detailed assessments of
the impact of the
development on the wider landscape and the on-site ecology and
this is against the backdrop of the TPO which encompasses the whole
site. The Environment Agency did not raise objection subject to
retention of an 8 metre wide buffer strip/wild life corridor either
side of the Rags Brook, a comprehensive management plan and a plan
to remove/control invasive plants along the watercourse. The
habitat survey found 47 different species of bird within the site
of which perhaps 35 breed within the application site boundaries.
Bats were found to forage for food across the site but no evidence
of bat roosts was found. A single grass snake was encountered but
there is no evidence for other protected species. The site is
assessed as overall having relatively low ecological value with the
planted field boundaries and brook holding the highest levels of
interest in respect of both flora and fauna. The large areas of
connected open space which would remain as part of the park would
enable ecological enhancement to take place including 60 bat and
bird boxes. The proposal as presented would retain the majority of
the existing hedgerows and trees and the new accesses on Andrews
Lane have been designed with retention of vegetation as a key
element. In view of the degraded nature of Rags Brook and the
modest levels of existing biodiversity it is considered that the
extensive park areas can support a much enhanced presence and
variety of flora and fauna to the benefit of the sites ecology.
Conditions are proposed to ensure delivery of the habitat
enhancements proposed in the development and to reflect the matters
raised by the Environment Agency.
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A24
Ground conditions and drainage
9.17 The application is accompanied by full details of the flood
risk, ground conditions and water resources on this site. It falls
within an area of low probability of fluvial [river] flooding and
is not within an area of potable water extraction. With regard to
the potential for surface water flooding is proposed to be
mitigated by the construction of a series of SuDS ponds and swales
roughly following the line of the brook. These have the effect of
balancing and storing run-off and also cleaning it prior to
discharge into the water course. HCC as lead local flood authority
does not object to the scheme of drainage subject to conditions
relating to technical design details. Thames Water does not object
to the scheme either in relation to supplies of water or to the
implications for foul water discharge, subject to condition in
respect of the latter. With regard to the potential for
contaminated ground within the site, there is a likelihood of a
need for some remediation as there have been farm and other
horticultural uses on the land. The Council’s Environmental Health
Service has no objection subject to pre-development checking of the
ground conditions and suitable remediation taking place. The scheme
is considered to be acceptable in accordance with adopted Policies
SUS12, SUS17 and SUS 18 along with draft Policies W4 and W5.
Other matters
9.18 It is proposed to deal with archaeological issues by means
of a watching brief by a suitably qualified person during all
intrusive ground works. With regard to issues raised by residents,
overshadowing of gardens/houses by hedges/trees is dealt with under
separate legislation as anti-social behaviour. The footpath link
from the north of the site would aim to link with the existing
footpath network. The assertion that creation of new paths/access
and park land would lead to loss of security and criminal damage is
not considered to be a supportable reason for refusal.
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A25
Tudor Nurseries, Burton Lane, Cheshunt, Herts, EN7 6SH 2.
CONSULTATIONS 2.1 Environmental Health – No objection subject to
conditions 2.2 HCC Highways – No objection subject to conditions
and planning obligation to
secure road improvements and sustainable transport initiatives –
to be updated verbally at committee
2.3 Environment Agency – No objection 2.4 NHS England – Seeks a
s.106 contribution of £932,742 in respect of the full range
of medical services provided for residents in the area 2.5
Natural England – No objection in relation to impact on statutory
wildlife sites –
refers the Council to their standing advice with reference to
protected species 2.6 HCC Flood Risk – No objection subject to
conditions relating to levels of surface
water run-off for each phase, flood storage provision, detailed
engineering drawings of SuDS features, implementation of the
proposed attenuation strategy draining into the Ordinary Water
Course, detailed calculations and full pipework layout and final,
detailed management plan.
2.7 Herts and Middx Wildlife Trust – No objection proposed in
relation to the method of
dealing with protected species and ecological/biodiversity
enhancement but notes that there are uncompensated ecological
impacts during the construction phase
2.8 Thames Water – A condition is required to deal with the foul
water disposal strategy
on site. The existing water supply has been modelled which
identifies the mains reinforcements needed to provide additional
capacity.
2.9 Sport England – Objects as statutory and non-statutory
consultee but notes that the objection would be reviewed if
suitable sports facilities were secured via a s.106 agreement.
2.10 National Grid – There is apparatus in the vicinity of the
application site 2.11 CPRE – Objects to inappropriate development
in the Green Belt. Green Belt
boundaries should be altered by local plan process not planning
application. This is not previously developed land and there are no
very special circumstances evident to justify the proposal. There
would be significant loss of best and most versatile land. The
sustainability of the site is questionable
2.12 Goffs Oak Community Association – Objects in principle to
the scale of
development as being unnecessary and ill-judged with inadequate
justification and serious lack of provision for primary and
secondary schooling.
2.13 Herts Fire and Rescue – Fire hydrants should be secured via
a planning obligation 2.14 Herts Constabulary – Supports the
application which is intended to be submitted for
“Secured by Design” accreditation.
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A26
3. PUBLICITY 3.1 The application was advertised by means of a
press advert and site notices posted
on 8th September 2017 and individual letters to 138 neighbouring
properties. 3.2 Individual letters were sent to the properties in
the following streets: Lea Mount,
The Gateways, Burton Lane, Whitehaven Close, Goffs Lane, Faints
Close, Cattlins Close, Thompsons Close and Tilekiln Close
4. REPRESENTATIONS 4.1 15 letters of objection have been
received from neighbouring properties and 2
supporting emails have been submitted. The objectors raised the
following concerns:
The Council should be supporting local nurseries not allowing
other uses
There is local concern about access to the main road through
Cuffley and Goffs Oak
There is not a housing demand for several years if Rosedale
North goes ahead
Housing is needed in the area for downsizing
Supportive comments in favour of housing should not offset
individual objections
How is the Council going to house the 350 homeless families as
they won’t be able to afford accommodation on this site
The whole site is in the Green Belt and it could be argued that
100% of the area has agricultural use – the glasshouse survey
described Tudor Nursery as the most viable for retention
Rosedale Park would merge Cheshunt, St James village and Goffs
Oak into an amorphous mass – the gap would only be a landscape
buffer and there would be no green ring around St James village
There is insufficient primary and secondary school provision for
these new dwellings
The local infrastructure cannot cope with additional dwellings
on this large scale
Cycle paths and footpaths are unnecessary, do not enhance this
particular area of Green Belt and there is no demand
There is no need to provide the number of houses shown in the
draft Local Plan and no need to build in the Green Belt in Goffs
Oak
The traffic survey shows a 20% increase in peak traffic if
combined with Rosedale North – this is just not practical: bus and
cycle improvements will not help with large shopping trips
Self-build should form part of this development
Goffs Lane will come to a standstill with all the extra cars
There will be additional air and noise pollution from the extra
cars and construction traffic
The site occupied by Triangle Cottage would become like a
traffic roundabout
Burton Lane does not have the width/capacity to deal with the
additional traffic and has poor visibility due to parked cars on
Goffs Lane
All the valued local businesses are likely to close and the area
will become a kind of north London suburb
Goffs Oak should be kept as a village not become a small
town
The effect of such a large development on the quality of lives
of current residents cannot be underestimated
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A27
A new pathway through Faints Close is not agreeable to the
residents
The local bus service is poor after 4pm as it becomes hourly
Cycling is welcomed on the site but is not a practical option on
other busy roads which are also steep
Cars from the development would be far more disruptive than the
HGVs using the site
There will be 700+ extra journeys accessing Goffs Lane
There would be a significant impact on the area’s rural
character/landscape
This release of Green Belt land would lead to unsustainable
development and would not foster the economy, environment and
society.
There is so much traffic on Goffs Lane that it is difficult to
exit driveways with the increased levels and speed of vehicles
Where will the construction traffic access the site?
The new footpath by Lea Mount will bring more social issues such
as littering, fly-tipping, drug use, dog faeces, burglary, drinking
as there is no street lighting
Can there be a secure fence to provide security to Lea Mount
The elderly people would be stuck on site as public transport is
so poor
The flood risk, sewerage provision and surface water drainage
may well be inadequate
5. RELEVANT LOCAL PLAN POLICIES 5.1 The following policies of
the Borough of Broxbourne Local Plan Second Review
2001-2011 (adopted December 2005) apply: SUS3 Waste and
Recycling SUS12 Development on Contaminated Land SUS17 Flood
Prevention SUS18 Surface Water Drainage GBC2 Development Within the
Metropolitan Green Belt H2 Maximising the Development Potential of
Sites H8 Design Quality of Development H11 Housing Densities in New
Development on Unallocated Sites H13 Affordable Housing HD14 Design
Statement on Local Character HD16 Prevention of Town Cramming HD17
Retention/Enhancement of Landscape Features T3 Transport & New
Development T9 Pedestrian needs T10 Cycling Provision T11 Car
Parking
5.2 The following policies of the Local Plan Regulation 19
Submission Draft March
2018 are also applicable: CH2 Rosedale Park DSC1 General Design
Principles ENV1 Residential and Environmental Quality GB1 Green
Belt H1 Affordable Housing NEB4 Landscaping and Biodiversity in New
Developments TM1 Sustainable Transport
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A28
TM2 Transport and New Development TM4 Parking Standards W4 SuDS
W5 Flood Risk
5.3 The National Planning Policy Framework (NPPF) 2012 also
needs to be considered. The local planning policies listed above
are generally considered to accord with the policies and principles
of the NPPF.
6. LOCATION AND DESCRIPTION OF SITE 6.1 The application site
extends to 15.6ha and is irregularly shaped being located to
the
north of Goffs Lane and to the east of Burton Lane from which it
currently takes its vehicular access at its southern end. To the
west and south-west of the site are houses on Burton Lane and to
the south are houses which front onto Goffs Lane including the
grade 2 listed buildings at The Old Barn and Colesgrove Farm. An
Area of Archaeological Interest as defined in the adopted Local
Plan is located in the south-east corner of the site and is
associated with the historic use of the land at Colesgrove Farm. To
the east are houses in the cul-de-sacs off Caldecot Avenue while to
the north are part of Rosedale Sports Club, Lea Mount and the
grazing field which forms the southern part of the smallest
application site of the three considered in this report. The site
is covered by a TPO
6.2 The site itself has three main components, the eastern part
which is undeveloped
scrubland and trees, the north-western part which is occupied by
collapsed timber glasshouses which have fallen into complete
dereliction and the central/western portion which is occupied by
two complexes of more modern aluminium-framed glass houses, some of
which remain in use for cultivating crops. There are commercial
packing and administration buildings set between these two more
modern banks of glass houses.
6.3 The site falls entirely within Flood Zone 1 defined by the
Environment Agency as an
area with low probability of fluvial flooding. There is a
drainage ditch which runs west-east through the middle of the site
and another ditch at the northern extremity of the site which runs
east along the southern boundary of the Sports Club and Sovereign
Gate. The land has a modest fall to the east and to the south.
6.4 Goffs Lane is a classified road [B156] which is a local
distributor road with a 30mph
speed limit. Burton Lane is an unclassified road subject to a
30mph speed limit.
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A29
South West corner of site
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A30
Glasshouse operation
Derelict Glasshouses
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A31
7. PROPOSAL 7.1 The scheme at Tudor Nurseries seeks to establish
the principle of constructing up
to 380 dwellings, including a retirement village of two bedroom
apartments along with a local shop of up to 500sqm. The primary
road access would be taken from Goffs Lane to the south where a
dedicated right turn refuge would be created as part of the scheme.
A secondary road access would lead to Burton Lane and this outline
application only seeks detailed permission at this stage for these
two vehicular accesses onto the public highway.
7.2 Associated with this proposal would be areas of public open
space to the south-
western corner and to the east and north-eastern parts of the
site extending to around 5ha in total along with green breaks
within the townscape which would include provision for SuDS
drainage within swales.
7.3 The indicative layout plans show a scheme dominated by
two/two and a half storey
dwellings with some three storey flatted blocks in the denser
central area and three storeys for the local shop site and the
retirement village apartments. The indicative house designs show
traditional village style houses with steep, gabled roofs and flat
roofed dormers, materials in brick with some feature render
dwellings. The main access roads would be framed by trees to
provide a corridor entrance to the development. There would be a
range of house sizes with larger detached properties flanking the
site entrances and along Burton Lane while there would also be
terraced housing and semi-detached dwellings as part of the overall
mix. The proposed location of the affordable accommodation has not
been specified by the applicant to date. The applicant has supplied
parameter plans as part of the Environmental Statement which set
the scheme in context and which deal with the extent of development
and uses, access and movement strategy, density/building heights
and landscape/open space. The density of development would be 23
dwellings per hectare.
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A32
7.4 The applicant undertook pre-application advice with the
Local Planning Authority in
relation to the principles and design of the proposal.
8. RELEVANT PLANNING HISTORY 8.1 There is no recent planning
history on the application site beyond matters relating
to the historic use of the site for horticulture. 8.2 Permission
was refused for outline applications for residential development of
the
eastern half of the site in May 1978 and February1984.
Indicative Site Layout
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A33
9. APPRAISAL 9.1 The main issues for consideration in this case
are as follows:
1. The principle of development for residential and associated
uses 2. Design and townscape 3. The impact on living conditions for
neighbouring properties 4. Living conditions for future occupiers
of the property
5. Highway Access and car parking 6. Landscape and Ecology 7.
Ground Conditions and Drainage
8. Other matters
These matters are appraised in turn below.
Principle
9.2 As with the main application to the northern part of
Rosedale Park, the proposal, as confirmed in the preamble to this
report, forms part of the Rosedale Park draft site allocation under
Policy CH2. The first part of the report looks in detail at the
principle of development in the Green Belt and also the issues
around formally determining the application at this point in the
Local Plan adoption process. The conclusion drawn from that
assessment is that the principle of development and determination
are acceptable in the context of local and national planning
policy. In the case of Tudor Nursery, the development of the site
includes the removal of the substantial areas of derelict glass
houses along with more modern aluminium-frames structures which
have been used intermittently for growing produce. The Council’s
Glass House Study 2013 concluded that Tudor Nursery is one of only
three sites across the Borough which had potential for longer term
profitable use as a horticultural glass house site. However, as
part of the preparation of the draft Regulation 19 Local Plan, this
site has been assessed for its potential to provide housing and the
Council has determined to proceed with a significant residential
development on the land via allocation under the terms of draft
Policy CH2. This decision was taken by the Council in the context
of all the evidence available to it including all the alternative
options which could underpin the provision of an on-going five year
housing land supply. The draft Local Plan proposes to amend the
Green Belt boundary and allocate this site and this takes into full
account the commercial use which currently remains on site.
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A34
Design, Layout and Townscape Design 9.3 The indicative proposal
by means of its revised Design and Access Statement has
set out details of the public realm design, road and path
hierarchies, house types and illustrative street views to assist in
understanding the concept which the applicant is seeking to
achieve. The Avenue, as the applicant describes the principal
access road, is shown with traditional brick and render houses with
gables, chimneys and cottage style dormers. The CGI images of the
site interior and taken from Burton Lane show similarly high
quality design. The indicative materials for the dwellings along
with traditional street furniture and black railings combine to
provide a convincing impression of the future appearance of this
residential quarter. A condition is proposed to require submission
and approval of a comprehensive design code prior to the first
reserved matters application in order to ensure that good, high
quality design is embedded in the scheme from the outset.
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A36
Layout and Townscape
9.4 The site layout has sought to respond to the Rosedale Park
Indicative Concept Plan by creating public open space in the
south-western corner of the site and a larger public park in the
north-eastern part of the site which adjoins Rosedale Sports Club.
The accesses also follow the pattern suggested in the draft Local
Plan. The application includes parameter plans which indicate the
locations of the built area and building heights which would be to
a maximum of three storeys in the central part of the site, in the
area around the local shop along with the retirement village in the
eastern part of the site. With regard to the indicative designs in
the amended design and access statement, this site is unlike the
main northern development in that it is one discrete land parcel
albeit with differing characters of design in different quarters of
the estate. The masterplan identifies particular areas of the site
as having different characters with a boulevard entrance from the
south with houses set back behind a row of trees, a crescent of
houses facing onto an open space, SuDS area, more compact houses
and some flats in the central area, but still with green breaks in
the townscape while there would be detached houses facing onto the
green open spaces and houses to Burton Lane set behind an access
slip road. All these elements are considered to provide the
indicative layout with a feeling of openness, especially when
combined with pedestrian access paths through the site and into
each of the surrounding paths. The most important of those paths
would be the one leading into Rosedale Sports Club which would be
the route to the primary school to the north of Andrews Lane. The
layout is considered to have the potential to provide a high
quality of life for residents. In terms of wider views in to the
site, much of the site is shielded by existing houses to the south
and east. There would be open views of the site from Burton Lane,
albeit set behind a tree belt and from the new public footpath
[which forms part of this scheme] running north-south. It is
inevitable that there will be public views of most new
developments; it is not considered that this proposal would be
visually intrusive in its wider setting.
Burton Lane Entrance
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A37
The indicative design, layout and townscape are considered to be
acceptable in the context of adopted Policies HD14 and HD16 along
with draft Local Plan Policy DSC1. Impact on Living Conditions for
Neighbouring Residents
9.5 The indicative layout shows the houses set back from Burton
Lane behind a slip road and landscape buffer and there would be a
10m gap to the nearest house on the eastern side of that lane. To
the east, there would be a significant gap to the nearest houses
which are located at 360 Goffs Lane and in Caldecote Avenue with
mature TPO trees adding to the visual separation. To the north the
site would adjoin the development including Langdons and Ballymour
and as noted in the assessment of that proposal, there would be
ample separation between the dwellings so as to ensure full
compliance with the Council’s SPG standards. To the south are
substantial gardens of houses fronting onto Goffs Lane which would
prevent a material loss of privacy albeit the outlook from the
dwellings around the site would be significantly altered. The
separation distances from existing dwellings means that the scheme
could be implemented without materially adversely affecting their
privacy, day and sunlight. There would be inevitable noise and
disruption during the construction process but once completed there
is no reason to consider that normal residential activities would
have a materially adverse impact on the amenity of existing
occupiers in the locality. The impact of the scheme is considered
to be acceptable in respect of visual impact in line with adopted
Policy H8, draft Policy ENV1 and the NPPF. Living conditions for
Future Residents
9.6 The masterplan submitted with the application shows a scheme
which would meet the Council’s privacy standards and would provide
policy compliant private rear amenity space for each dwelling. The
footprint of the dwellings is capable of providing floorspace which
would meet the nationally defined living space standards and local
SPG requirements which will be engaged at the detailed reserved
matters submissions. The standard of accommodation and associated
amenities are considered to be acceptable in relation to adopted
Policy H8, daft Policy DSC1, the Council’s SPG and national
guidance.
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Highway access and car parking
Access 9.7 Access for vehicles for the Tudor Nursery site is
proposed to be in two locations
with a main access taken from Goffs Lane and a secondary access
on Burton Lane. The main access would be located mid-way between
360 Goffs Lane and Colesgrove Farm [406 Goffs Lane] and the new
works would include a dedicated right turn lane for the traffic
heading west so as to limit the impact on traffic movement past the
site. The new access to Burton Lane would replace the existing
commercial nursery entrance which is towards the south of the site
and move it further north with the frontage houses set back behind
a slip road. The road would also be widened in this location to
assist with access from the new development. The location of both
accesses has been designed so that traffic would exit onto a
straight or slightly concave section of highway and the result is
that good visibility would be achieved at each side of both new
junctions. It is understood that HCC Highways has accepted the
principle of the new accesses but both will be required to be the
subject of further detailed design work as part of the process to
obtain a s.278 agreement for works on the public highway. Subject
to formal approval by HCC as local highway authority, the principle
of the two road accesses are considered to be acceptable.
Car Parking 9.8 The scheme as presented shows car parking
provided in garages and open parking
overall to be in accordance with the Council’s SPG standard. The
two bed houses would have two spaces, the three bed houses, three
and the four/five bed houses would benefit from four parking spaces
including garaging. This level of provision would help to prevent
the main access road being lined with parked vehicles and allow
access for service and other larger vehicles for which provision
has been made in the road and driveway layout.
9.9 It is considered that the highway access and car parking
provision are
acceptable for the proposed development in the context of the
Interim Car Parking Standards, Policies T3 and T11 of the adopted
Local Plan, Policies TM2 and TM4 of the draft Local Plan and the
NPPF.
Landscape and Ecology 9.10 The site has been the subject of a
desk study and an extended phase 1 habitat
survey updated in 2016 covering the full range of protected
flora and fauna. A biodiversity calculator was also provided in
line with the draft Local Plan. Two bat roosts were found in
buildings and a range of nesting birds in the copses present on
site. The applicant is fully aware of the need to obtain a licence
to translocate the bats to replacement roosts once the development
proceeds. The impacts from the completed development are intended
to be mitigated by provision of a detailed Landscape and Ecology
Management Plan which will centre on best use of the open spaces in
the north-eastern and south-western areas of the site. A condition
is proposed to secure the on-going habitat and ecology improvements
into the future. The majority of the significant trees are along
the northern and eastern boundary and in the copse in the
south-western corner. There would be loss of vegetation in creating
the new accesses onto Goffs Lane and Burton Lane but overall,
the
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scheme as indicatively laid out would minimise the impact on the
TPO trees and associated vegetation of importance. Landscaping
conditions would also ensure that domestic and structural
landscaping provides a suitable setting for this new housing
development. The proposal is considered to be acceptable in respect
of adopted Policy HD17 and draft Policy NEB4.
Ground conditions and drainage 9.11 The application is supported
by a detailed desk study of the likely contamination
issues associated with the current and previous uses. The
contaminants in the soil will clearly be those which accompany
intensive horticultural uses over many years and this will have
been exacerbated by the large area of collapsed glass houses in the
north-western part of the site where pesticides would have been
used in past years. All these matters are capable of being resolved
by investigation, remediation and validation as is customary on
former glass house sites and a condition is proposed in this
regard. The site falls within an area with a low probability of
fluvial flooding and it should be noted that the Environment Agency
has not objected to this proposal. In terms of surface water
flooding, the scheme would utilise flood storage in ponds and
swales which are indicatively shown on the layout plan. There are
adequate green spaces within the scheme to install SuDS drainage
features which would drain to the two drainage ditches which run
west-east through the site.
The scheme is considered to be acceptable in accordance with
adopted Policies SUS12, SUS17 and SUS 18 along with draft Policies
W4 and W5. Thames Water has not objected in respect of water supply
or foul water subject to conditions relating to water supply
reinforcement and a strategy for sewage disposal and these are
proposed in the appendix to this report.
Other matters
9.12 As the south-western corner of the site falls within a
designated Area of
Archaeological Interest it is considered that pre-development
investigation of this part of the site should be secured by
condition. Objection has been raised on the basis that the
development would entail loss of potentially productive farm land.
The Council has assessed the impact on sustainability of all its
draft allocation sites and this site is not prime agricultural land
as defined by Natural England. It is highly likely that intrusion
into open land/Green Belt for development will lead to loss of farm
land but on this grade of land it is not regarded as a supportable
reason for refusal. Self-build does not form part of the proposal
and there is no policy requirement for it to do so. The concerns of
the resident at the junction of Burton Lane are acknowledged but
there is no overriding accident data to support a refusal and this
is already a well-used junction onto a local distributor road.
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Langdons & Ballymour, Andrews Lane and Land between Andrews
Lane and Burton Lane, Goffs Oak, Herts, EN7 6SP
2. CONSULTATIONS 2.1 Environmental Health – Reply awaited 2.2
Environment Agency – No response 2.3 HCC Highways – No objection
subject to conditions and contributions towards
sustainable transport initiatives – to be confirmed verbally at
committee 2.4 HCC Flood Risk – No objection subject to conditions
2.5 HCC Infrastructure Officer – Requests planning obligation
contributions in line with
HCC toolkit in respect of primary/secondary education, library
services and youth services
2.6 Herts and Middx Wildlife Trust – No objection subject to
conditions in relation to
further surveys but comments that there should be a 25m wide
wildlife corridor west-east through the site
2.7 CPRE – Objects to inappropriate development in the Green
Belt 2.8 Goffs Oak Community Association – Objects on the basis
that the application site is
unspoiled grazing land in the Green Belt, there are no planning
reasons to justify its development for housing and the application
should be refused. Green space around St James village would be
lost. There are no s.106 contributions being offered. The site
would lose 50% of its biodiversity. There may be issues in relation
to drainage and foul water disposal.
2.9 Herts Constabulary – Supports the application which is
intended to be submitted for
“Secured by Design” accreditation. 3. PUBLICITY 3.1 The
application was advertised by means of a press advert and site
notice posted
on 22nd December 2017 and individual letters to 54 neighbouring
properties. 3.2 Individual letters were sent to the properties in
the following streets: Great Groves,
Burton Lane, The Gateways, Lea Mount, The Maples, Whitehaven
Close and Andrews Lane
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4. REPRESENTATIONS 4.1 Ten letters of objection/comment have
been received from neighbouring properties
raising the following concerns:
The new dwellings would put pressure on broadband services in
the area
There will be pressure on local bus services
There will be longer waiting times for doctors’ surgeries
Traffic management will be needed to cater for additional cars
and visitors
There will be noise, dirt and disruption for more than five
years if the gravel were to be extracted prior to development
The borough needs more affordable accommodation for homeless
residents and houses for elderly people to downsize
This is special Green Belt which prevents Goffs Oak marrying up
with Cheshunt and is green space which should not be infilled
There would be no benefit to the local community and no payments
under section 106 to compensate the borough
The surface water in the area needs to be dealt with or there
will be even more flooding
This development was not part of the local plan allocation
5. RELEVANT LOCAL PLAN POLICIES 5.1 The following policies of
the Borough of Broxbourne Local Plan Second Review
2001-2011 (adopted December 2005) apply: SUS3 Waste and
Recycling SUS12 Development on Contaminated Land SUS17 Flood
Prevention SUS18 Surface Water Drainage GBC2 Development Within the
Metropolitan Green Belt H2 Maximising the Development Potential of
Sites H8 Design Quality of Development H11 Housing Densities in New
Development on Unallocated Sites H13 Affordable Housing HD14 Design
Statement on Local Character HD16 Prevention of Town Cramming HD17
Retention/Enhancement of Landscape Features T3 Transport & New
Development T9 Pedestrian needs T10 Cycling Provision T11 Car
Parking IMP2 Community & Infrastructure needs linked to new
development
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5.2 The following policies of the Local Plan Regulation 19
Submission Draft March 2018 are also applicable: CH2 Rosedale Park
DSC1 General Design Principles ENV1 Residential and Environmental
Quality GB1 Green Belt H1 Affordable Housing NEB4 Landscaping and
Biodiversity in New Developments TM1 Sustainable Transport TM2
Transport and New Development TM4 Parking Standards W4 SuDS W5
Flood Risk
5.3 The National Planning Policy Framework (NPPF) 2012 also
needs to be considered. The local planning policies listed above
are generally considered to accord with the policies and principles
of the NPPF.
6. LOCATION AND DESCRIPTION OF SITE 6.1 The L-shaped application
site is located to the south of Andrews Lane and to the
east of Burton Lane, having an area of around 4.5ha. It
currently takes its main vehicular access from Andrews Lane along
an unmade track which is at the western edge of the site. There is
also a farm-gated access from Burton Lane. The two dwellings at
Langdons and Ballymour are on the eastern side of the site and are
accessed from Andrews Lane. The former has an ornamental pond in
its rear garden. There is a small complex of single storey stable
and storage buildings to the centre of the site in an area which is
understood to previously have been used for glass houses/food
production as part of a far larger site which included the
residential development to the west at Great Groves.
6.2 There is self-set vegetation along the street boundary of
Andrews Lane and a rural
hedge where the site meets Burton Lane. The western side of the
site is formed by the garden fences of the adjoining houses in
Great Groves and Whitehaven Close. To the south is the derelict
boundary of Tudor Nurseries which includes a drainage ditch while
to the east are the gardens of the two on-site dwellings, a row of
TPO trees which separates this site from the Crest Nicholson site
which forms part of their proposed development to the south of
Andrews Lane and Lea Mount. The land rises north-south and also
falls away to the east where the dwellings are located. The site is
located within flood zone 1 with a low probability of fluvial
flooding.
6.3 Burton Lane is an unclassified road subject to a 30mph speed
limit.
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Location of Proposed Site Access
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7. PROPOSAL 7.1 The application is in outline with only the
accesses onto the public highways of
Andrews Lane and Burton Lane to be determined at this stage. The
scheme has been amended since submission to reduce the number of
dwellings to a maximum of 60 rather than 63 as originally proposed.
The layout is proposed to be in an L-shape to follow the footprint
of the land, leaving a green corridor along the western side of the
site ranging in width from 40m to 55m. The northern access road
would not connect vehicular traffic through to the Burton Lane
access but there would be connectivity for pedestrians and cycles
between those roads, through to Tudor Nurseries and east into the
land controlled by Crest Nicholson.
7.2 The dwellings would be a combination of detached,
semi-detached and terraced
dwellings of two storeys with chiefly in-curtilage car parking
but with bay parking for some terraces. There would be 40% of the
total as affordable units. The green corridor is shown with access
paths, swales and retained vegetation which are notional at this
stage. This land would have public access and most likely be used
for informal recreation. A replacement pond is shown in the
north-eastern part of the site which could be part of a SuDS system
or simply a focal point of ecological value for the new
community.
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7.3 The indicative design of the houses would be strongly
traditional, borrowing many
of the design features of period buildings in the vicinity of
the site including feature gables and timber/render detailing,
tile-hanging and weatherboard cladding. Materials would similarly
follow a traditional palette seeking to establish visual links with
surrounding built typology and form. The density of this element of
Rosedale Park would be 13.3 dwellings per hectare.
7.4 The application is accompanied by a design and access
statement, a planning
statement and reports relating to flood risk, transport,
ecology, trees and archaeology
7.5 The applicant submitted a formal request for a screening
opinion in respect of the
requirement for an environmental impact assessment of the
proposal. The Council is considering whether the proposal
necessitates submission of such an assessment and whether the
implications for the site and surrounding area can be readily
considered in the context of the suite of reports which accompany
the outline planning application.
7.6 The applicant undertook pre-application advice with the
Local Planning Authority in
relation to the principles and design of the proposal.
Indicative Site Layout
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8. RELEVANT PLANNING HISTORY 8.1 There is no recent relevant
planning history on the application site 8.2 Permission was refused
[as part of a larger site] for residential development on the
northern part of the site in September 1973. 8.3 Permission was
refused in July 1973 for residential development on the
southern
part of the site 9. APPRAISAL 9.1 The main issues for
consideration in this case are as follows:
1. The principle of development for residential
accommodation
2. Design and townscape
3. The impact on living conditions for neighbouring
properties
4. Living conditions for future occupiers of the property
5.Highway Access and car parking
6. Landscape and Ecology
7. Ground Conditions and Drainage
8. Other matters
These matters are appraised in turn below. Principle
9.2 The proposal, as confirmed in the first part of this report,
forms one element of the Rosedale Park draft site allocation under
Policy CH2. The start of the report looks in detail at the
principle of development in the Green Belt and also the iss