8.11/1235/FUL – Redevelopment of land, including demolition of existing buildings and erection of 6 no. detached dwellings, garages, car parking and landscaping at LAND AT STUBBS FARM AND REAR OF 1AND 2GREEN STREET COTTAGES, GREEN STREET, CHORLEYWOOD, HERTFORDSHIRE, WD3 6EA for Mrand MrsMcIntosh
(DCES)
Parish: Chorleywood / Ward: Chorleywood WestExpiry Statutory Period: 4 August 2011 / Officer: Marie Clarke
Recommendation: Approval
This application is brought before the Committee at the request of Chorleywood Parish Council.
The application was considered at the Planning Committee meeting held on 18 August 2011. Members resolved to defer the application for a site visit which took take place on 3 September 2011.
The report has also been updated to include the latest response from the Environment Agency and Herts Section 106 Officer.
1.Relevant Planning History
1.1Application Site:
06/1864/CLED - Certificate of Existing Lawful Use: Use of land and buildings for commercial purposes (B1, B2 and B8 uses) and Unit 7 as an independent residential dwelling. Part allowed and part refused 2007. The use of Unit 1 (B1 Light Industrial), Unit 4 (B1 Light Industrial), Units 5 and 6 (Class B8 Storage), the side and rear yard areas for B8 storage and Unit 8 for the private stabling of horses were agreed. However, the use of Unit 2 (B2 General Industrial), Unit 3 (base station for a telecommunications mast) and Unit 7 for use as in independent dwellinghouse were refused due to insufficient evidence.
07/0550/CLED - Certificate of Lawfulness Existing Use: Use of land and buildings (units 2 and 3) for commercial purposes (B2 and as a base station for a telecommunication mast) and use of unit 7 as an independent residential dwelling. Granted 2007.
09/2036/FUL - Redevelopment of the site for 7 detached 4-bedroom residential dwellings and associated parking following removal of all existing commercial activities, storage, general and light industrial buildings, stable buildings, mobile telephone mast and the existing dwelling. Withdrawn.
10/0504/FUL – Redevelopment of the site for 7 detached 4-bedroom residential dwellings and associated parking following removal of all existing commercial activities, storage, general and light industrial buildings, stable buildings, mobile telephone mast and the existing dwelling (amended scheme following withdrawal of 09/2036/FUL). Withdrawn.
11/0357/FUL - Redevelopment of the site for 7 detached dwellings, garages, car parking and landscaping following demolition of all existing commercial activities, storage, general and light industrial buildings, stables and one dwelling. Withdrawn.
1.2Cottages 1 and 2, Stubbs Farm (to west of proposed development):
96/0476 - Certificate of lawfulness - existing use for use of farmhouse for residential use. Approved 1996.
09/2035/FUL - Demolition of existing two dwellings and construction of two replacement dwellings. Withdrawn.
10/0974/FUL – Demolition of existing dwelling and associated detached garage and erection of replacement dwelling with basement (main farmhouse to be retained). Withdrawn.
10/2263/FUL - Internal alterations to form two separate independent residential dwellings. Approved.
10/2264/CPLD – Certificate of Lawfulness Proposed Development: Single-storey detached ancillary residential outbuilding in rear garden. Approved.
10/2265/CLPD - Certificate of Lawfulness Proposed Development: Two single-storey rear extensions, rooflights in rear plane of roof of the house. Approved.
10/2266/FUL - Two-storey front extension, alterations to fenestration and internal alterations. Withdrawn.
1.3Site to South of Access Road:
09/0114/FUL, 09/0118/FUL, 09/0397/FUL and 09/0398/FUL for resurfacing of ménage and a new stable block. All applications withdrawn.
2.Detailed Description of Proposed Development
2.1Site Description – The application site lies within the Metropolitan Green Belt and Chilterns Area of Outstanding Natural Beauty (AONB). It has an overall area of approximately 0.9 hectares and is effectively flat. The site is accessed via a gravel driveway off the east side of Green Street, some 130m in length, located to the rear (east) of 1 and 2 Stubbs Farm Cottages which formed the original farmhouse for Stubbs Farm, fronting the highway. Great Greenstreet Farm on the opposite side of Green Street comprises a group of Listed Buildings.
2.2The site comprises 8 units, originally associated with agricultural activity occurring at Stubbs Farm.They have been in use as industrial, office and warehouse buildings, stables and a residential unit, all of which were confirmed as lawful through certificates of lawful use issued in 2007 (references 06/1864/CLED and 07/0550/CLED). It appears that some of the units are now vacant. Based on officer site visits, historic information and information submitted for previous applications, it is considered that the lawful / current uses are as shown in the table below:
Building No. / Location / Use Class / Lawful / Current Use1
Building to south of site (with separate units inside) / B1 Light industrial /offices / Carpentry use: It was stated for a previous application that there were 6 employees manufacturing furniture etc. and a vacant mezzanine office level. However, there has been no evidence of this at the time of officer’s site visits.
B2 General industrial / Car repairs: It was stated for a previous application that there were 3 staff/mechanics.
Telecommunication station / office: Now vacant. Both these uses were confirmed as lawful under reference 07/0550/CLED.
2
Building to north west of site, attached to building 5 / Private stabling of horses / Private stabling of horses. Agreed as lawful as part of application 06/1864/CLED.
3
Largest building, to east of site (separate units inside) / B1 Light industrial (lawful use) / Appeared to be a car repair workshop on site (B2) at the time of the site visit for 10/0504/FUL, although it was stated at this time that the unit is used for car sales (sui generis). However, there has been no evidence of this.
B8 Storage / Storage of classic cars and horse carts associated with competition carriage racing.
4
Building to north of site / B8 Storage (lawful use) / Private stabling of horses.
5
Building attached to western end of building 2, to the north west of the site / C3 Residential dwelling / Dwelling (appears to be occupied). Confirmed as lawful under reference 07/0550/CLED. A mobile home is also stationed adjacent.
2.3The site is essentially covered in hardstanding. At the time of the site visit carriages were being stored on the open part of the site to the east. Several lorries were also evident. Most of the boundaries consist of open wire fencing. The access driveway is lined with trees in part; there is also dense hedging / trees to the entire rear (east) boundary and along part of the southern and western boundaries.
2.4To the north and south are open fields and to the east are the extensive playing fields of St Clement Danes School. A public Right of Way runs through the eastern edge of site in north/south direction. However, it is noted that this deviates from the official dedicated Public Right of Way, Footpath 011 which crosses the main part of the site.
2.5Proposed Development - This application seeks full planning permission for redevelopment of the site for 6 detached residential dwellings and associated garages, car parking and landscaping following demolition of the existing buildings.
2.6The existing access driveway would be utilised, albeit slightly re-aligned, and there would be no alteration to the position of the existing access onto Green Street. The driveway would be extended into the site, serving a courtyard style development of 6 bespoke dwellings.
2.7The Design and Access Statement states:
‘… this application delivers a residential development, responding to its context delivering a contemporary reinterpretation of the traditional farmstead courtyard as typically seen in the open countryside.
The dwellings range from 185 sq m up to 270 sq m (excluding garages) providing between 3 and 4 bedrooms. The maximum ridge height will be 6.85m with a variety of eaves heights providing added articulation to the roofspace. Each house will be constructed from prefabricated SIPs panels clad in a vernacular palette of materials; stone, brick and slate.’
It should be noted that these floorspace figures provided by the agent are internal calculations, not external.
2.8 The following is an overview of the proposed dwellings:
Unit A – Sited to north west of site, facing into the site. ‘L’ shaped. 4 bedrooms. Integral garage. Overall width of 22.5m and maximum depth of 15.8m. Glazed entrance feature. Glazed gable feature to north side elevation.
Unit B – Sited to north of site, facing south. 4 bedrooms. Width of 22.9m and maximum depth of 9.4m including two storey and single storey projections to rear. Glazed gable feature to rear elevation; glazed entrance feature and detached double garage to front.
Unit C – Sited to north east of site, facing into the site. 3 bedrooms. Width of 19m and maximum depth of 10m including glazed gable features to front (west) and rear (east) elevations. Detached double garage sited between this dwelling and Unit B.
Unit D – Sited to south east of site, facing into the site. ‘L’ shaped. 4 bedrooms. Integral double garage. Maximum width of 19.9m and overall depth of 22m. Glazed entrance feature, and glazed gable feature to rear (east) elevation.
Unit E – Sited to south of site, facing north. 3 bedrooms. Width of 22.3m and maximum depth of 11.2m including glazed gable features to front and rear. Detached double garage sited to frontage.
Unit F – Sited to south west of site, facing north. 4 bedrooms. Maximum width of 28.2m and maximum depth of 11.2m. Glazed gable features to front and rear elevation. Detached double garage to the north.
2.9 With regard to height, it is proposed to lower the level of the site. The Planning Statement states:
‘The development will also be set down 0.4m into the ground to create a sunken landscape courtyard setting and arrangement. This will ensure that the ridge heights of the new houses will be at a level which will be an improvement from the previous submitted plans, overall, when compared to the ridge heights, scale and massing of the existing commercial buildings.’
As such, all the dwellings would have a pitched roof with a maximum ridge height of 6.85m above the existing ground level. The detached garages would have flat roofs with a height of 2.7m above the existing ground level.
2.10 It is stated that the existing trees would be retained on site where appropriate. Additional planting is also proposed to the boundaries, although no details have been provided.
2.11 The plans show the existing footpath abutting the eastern boundary of the site to be retained.
2.12 The application is accompanied by a Design and Access Statement, Planning Statement, Design Development Document, Code for Sustainable Homes Pre-Assessment Report and Preliminary Bat Survey and Assessment.
3. Consultation
3.1 Chorleywood Parish Council – The Committee had objections to this application on the following grounds and wish to CALL IN, unless the Officers are minded to refuse this application, for the following reasons:
-Contravenes the Local Development Framework District Planning
-The proposed plot layout of the development is inadequate for access for emergency vehicles and the refuse and recycling lorries
-Located on Green Belt land
-Loss of agricultural buildings and sustainable farm land
-Hardstanding would be needed
Hertfordshire Highways – The proposal is for the erection of 6 dwellings replacing several buildings at the rear of the site. These existing buildings have Certificates of Lawful Use (06/1864/CLED & 07/0550/CLED) for commercial purposes (B1, B2, B8). Section 6 of the application form indicates the development does not involve a new or alteration of an existing access to the highway. There are 2 existing vehicle accesses to Stubbs Farm from Green Street and it is intended to serve this development from the southern access. In the vicinity of the site Green Street is a classified road (C99) and designated as a Local Distributor in the Hertfordshire County Councils hierarchy of roads. It is a single carriageway road subject to a 60mph speed restriction. The access to this development should be a Minor Access road laid out with 4.8m carriageway and minimum 0.5m margins on either side and terminate in a turning area for service/delivery vehicles. The junction with Green Street should have 2.4m by 215m vision splays in both directions, 6.0m bellmouth radii and the existing footway returned around the bellmouth to the highway boundary. The Access statements for previous applications 11/0357/FUL, 10/0504/FUL and 09/2036/FUL indicated this standard of access would be provided.
The applicant should also be advised that this development would attract a contribution towards but not limited to Sustainable transport measures identified in the South West Hertfordshire Transportation Strategy and subsequent transport plans. Under these circumstances I do not consider I could substantiate a highway objection to this proposal and recommend permission is granted subject to the completion of an Agreement to secure a financial contribution of £9000 and subject to conditions.
Landscape Officer – I hold no objection to this submitted application. This application was not accompanied by an Arboricultural Report / Implications Assessment (ACS), as per previous applications.
It seems that the majority of trees are located around the perimeter and therefore should be sufficient distance away from the proposed dwelling as to not require substantial tree removal in order to facilitate the proposed development.I therefore require an updated Arboricultural Implications Assessment & Arboricultural Method Statement incorporating the revised scheme of the site. I will also require a hard and soft landscaping scheme detailing planting schemes including additional tree planting.
Environmental Health Officer – The application involves redevelopment of land, including demolition of existing buildings and erection of 6 no. detached dwellings, garages, car parking and landscaping. The location is the end of Green Lane that is not near the railway I do not foresee any adverse noise impact on the proposed development. We have no record of contamination on this site from previous uses. However, don’t know whether you could require a report as a planning condition.
Environmental Protection Officer (refuse) – Comments on initial plans: The turning head does not look suitable to turn our freighters without mounting the kerb (vehicles are 11m long and 2.8m wide). Comments on amended site plan: This looks OK.
Environment Agency – Initial comments:We have assessed this application and have identified flood risk as the only constraint at this site. The main flood risk issue at this site is the management of surface water run-off and ensuring that drainage from the development does not increase flood risk either on-site or elsewhere.We recommend the surface water management good practice advice in cell F5 is used to ensure sustainable surface water management is achieved as part of the development.If you have identified drainage problems at this site through your Strategic Flood Risk Assessment or Surface Water Management Plan, you may want to request a formal Flood Risk Assessment from the applicant in line with Flood Risk Assessment Guidance Note 1.
We objectto the proposed development as submitted because there is no information to demonstrate that the risk of pollution to controlled waters is acceptable.
There are three strands to this objection. These are that:
1.We consider the level of risk posed by this proposal to be unacceptable.
2.The application fails to provide assurance that the risks of pollution are understood, as a preliminary risk assessment (including a desk study, conceptual model and initial assessment of risk) has not been provided. PPS23 takes a precautionary approach. It requires a proper assessment whenever there might be a risk, not only where the risk is known.
3.Under PPS23, the application should not be determined until information is provided to the satisfaction of the Local Planning Authority that the risk to controlled waters has been fully understood and can be addressed through appropriate measures. This is not currently the case.
Reason: To protect controlled waters. The site lies over a Principle Aquifer which is verysensitive to pollution. The previous use of the site (stated in your email) as a carrepair workshop my have lead to contamination. For this proposal to beacceptable the risk to controlled waters posed by this development must beaddressed at the Planning Application Stage.
Resolution:We will need a Preliminary Risk Assessment (PRA) to assess if landcontamination may be present at the site. This should be submitted with theplanning application. The PRA needs to include information on past and currentuses, if sensitive controlled waters receptors are present and if the site couldpose a pollution risk.
NB. In light of this the agent commissioned a new Desk Study Report. This was received 4 August 2011 has been sent to the Environment Agency for comment. Confirmation has been received that they remove their objection, subject to conditions.
Thames Water – With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.
No objection with regard to sewerage infrastructure.
Where a developer proposes to discharge groundwater into a public sewer, a groundwater discharge permit will be required. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.
Veolia Water – Comments for 11/0357/FUL:The site is located within an Environment Agency defined groundwater Source Protection Zone (SPZ) corresponding to Chorleywood pumping station. This is a public water supply, comprising a number of Chalk abstraction boreholes operated by Veolia Water Ltd. The construction works and operation of the proposed development site should be done in accordance with the relevant British Standards and Best Management Practices, thereby reducing the groundwater pollution risk. It should be noted that the construction works may exacerbate any existing pollution. If pollution is found at the sites then appropriate monitoring and remediation methods will need to be undertaken. Further information can be found in the CIRIA Publication C532 ‘Control of water pollution from construction – guidance for consultants and contractors.’