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Decision details

Application No: 20/01809/FUL Community Centre Maple Road Brentwood CM13 2EA

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Planning permission was being sought for the demolition of existing garages, community hall and associated pocket park and for the construction of a replacement community hall  and 9 residential dwellings (4 x 1 bed, 2 x 2 bed and 3 x 3 bed units) with associated parking, amenity and landscaping.

 

The application had been submitted to Brentwood Borough Council on behalf of Brentwood Development Partnership (the applicant) which is a joint venture between Morgan Sindall Investments Limited (MSIL) and Seven Arches Investment Limited (SAIL).

 

A linked application had also been submitted for 1-2 Seven Arches Road (application ref: 20/01802/FUL) for the demolition of the existing building and construction of a three-storey residential building comprising 11 units along with associated parking and facilities. This residential development at Maple Close site is the affordable housing donor site, for the 1-2 Seven Arches Road development, all residential units at Maple Close are to be delivered as affordable rent.

 

As such these applications were considered in tandem, since they are

interdependent on meeting compliance for affordable housing requirements.

 

Ms Outram was present at the meeting and summarised the report.

 

A written statement in objection to the application had been received from Mr Murdock which was read out by the Chair.

 

“I am writing this letter in response to the planned development consultation process and the letter dated 3rd February 2021 from Savills.

 

“First of all, I would like to thank you for providing a more detailed drawing, indicating the proposed rear plan in relation to Orchard Avenue, and for the consideration appertaining to the retaining walls at the rear to some of the properties on Orchard avenue, and the acknowledgment of the need to provide adequate security to the rear wall once the garage is removed. Particular attention should be considered to the fence heights where the parking spaces are located next to plot 8/9. The residents with gardens effected should not be exposed to potentially more risk of trespass, than was originally in place.

 

“One of the local residents mentioned the concern from potential nuisance glare from the provision of security lighting to parking. Can you please confirm that street lighting will not be provided, or indicate that it will be provided by low-level bulkheads?

It is a shame that the only local park to this area would be lost, to facilitate this new build, as that will force residents to have to take their children to busier and overcrowded parks in the area, which are further away. The larger parks can often overwhelm younger children, especially those with learning difficulties and that decision seems to go against the whole green initiative this development is proposing to encompass. 

 

“In the comments on rear boundary separation distance, an extract from the EDG has been mentioned but I see no mention of the full text from Brentwood Borough Councils Design guide which states as bellow:

As a minimum, every effort should be made to avoid overlooking of rear-facing living room windows. This may be achieved (a) by remoteness, or (b) by design, or by a combination of the two. Usually privacy achieved by design is more effective.

(The Council will normally require an “eye-to-eye” distance of at least 35 metres where a living room is overlooked from an opposing dwelling, but this may be reduced where privacy can be achieved by design).

 

“Where new housing backs on to the rear of existing housing, existing residents are entitled to a greater degree of privacy to their rear garden boundary, and therefore where the rear faces of the new houses are approximately parallel to the existing, the rear of new houses may not encroach any closer than 15 metres to an existing rear boundary, even though with a closer encroachment 35 metres between the backs of houses would still be achieved.

 

“The greatest distance between boundary and new home rear wall is 10m, according to the revised plan, which obviously fails to meet that requirement. In my previous letter, I asked whether any mitigating factors have been considered to compensate for this shortfall, but this has not been explained. As a resident, I feel my rear living room downstairs and bedroom upstairs are being compromised. If the proposed plans for the Maple Close site were for a single story parade of homes, I would not see this as much of an issue, at all. Seven new two story buildings tightly packed into a relatively small plot, is not in keeping with the existing local context, nor meeting the design requirements of 15m, which has been put there to protect and respect the wellbeing of existing Brentwood Borough residents.

 

“As I stated in my original letter in response to the proposed development. I support the initiative to build more homes in the Borough but would not consider doing so at a detriment to the existing residents.  An acceptable compromise must be sought.

The application must be rejected, as it does not comply with Brentwood Council’s own Planning Policy Document, as the proposed houses are closer than the minimum 15m.

 

On a final note, gravel boards cannot safely retain 600mm of soil especially if one were to consider any surcharge from a garden shed. I therefore, reiterate, Party Wall Notices must be issued in accordance with the Party Wall etc Act 1996.

 

Yours faithfully

W Murdock”

 

 

Savills had presented a written statement on behalf of the applicant, which was also read by the Chair.

 

“Community Centre Maple Close, Brentwood, CM13 2EA

Agenda Item 2 – Application ref. 20/01809/FUL

 

“Dear Councillors, this statement has been prepared on behalf of Brentwood Development Partnership, the applicant, in lieu of formal presentation at committee.

 

“As you are aware BDP is a joint venture between the Council’s investment company (SAIL) and Muse Developments part of the Morgan Sindall Group. It seeks to deliver the Council’s vision through the redevelopment of key sites whilst bringing benefits for the people of the Borough.

 

“Maple Close and Seven Arches form part of the early sites brought forward as part of the partnership. Maple Close comprises the affordable housing donor site for Town Hall / Seven Arches site. Our key priorities for the scheme has been centred upon the following:

 

Provision of a mix of good quality affordable rented homes (9 no. units) including family sized houses

Development which makes the best possible use of Council owned assets for the benefit of the local community

Maximise the Social Value from the scheme through supporting jobs and training for local residents

 

“The proposed development has been carefully designed to respect the existing character of the area, the amenity of local residents, while making an efficient use of previously developed land within a sustainable urban location for new homes. The scheme provides 4 maisonettes, 5 two bed and three bed homes to be delivered as social rented accommodation.

 

“The affordable housing mix has been agreed with Brentwood’s housing and housing services officers. Alongside physical provision a payment in lieu has been secured against the development to achieve a policy compliant affordable housing offer.

 

“A central part of the Maple Close development comprises reprovision of a new community hall building. Close consultation has been undertaken with the community trust throughout the design process and the replacement will provide significant benefits for local residents.

 

“The design of the proposals for the site has been developed through extensive engagement with officers at Brentwood and local stakeholders. The schemes have also been developed through engagement with the Essex Quality Review Panel.

 

“In conclusion, the provision of the new community hall building, combined with the delivery of affordable rented accommodation will positively contribute to meeting local housing needs.

The Brentwood Development Partnership looks forward to working collaboratively with officers and elected members on future sites as these are brought forward for delivery.

 

“We therefore respectfully request that the Committee supports the officer’s recommendation this evening.”

 

 

Cllr Cloke MOVED and Cllr McCheyne SECONDED that the application be

APPROVED.

 

Following a full debate a vote was taken and Members voted as follows:

 

FOR: Cllrs Bridge, J Cloke, Jakobsson, McCheyne, Tanner and Tierney (6)

AGAINST: Cllrs Chilvers, Fryd, Haigh, Keeble and Mynott (5)

ABSTAIN: (0)

 

The application was APPROVED subject to completion of a Section 106 Agreement and to the following conditions:-

 

1 TIM01 Standard Time - Full

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2 DRA01A Development in accordance with drawings

The development hereby permitted shall not be carried out except in complete

accordance with the approved drawing(s) listed above and specifications.

 

Reason: To ensure that the development is as permitted by the local planning

authority and for the avoidance of doubt.

 

3 Materials

Notwithstanding the details shown on the drawings hereby permitted, no

development above ground level shall take place until details of the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

 

Reason: In Order to safeguard the character and appearance of the area

 

4 Architectural Details

Additional drawings that show details of proposed new windows, oriel windows, doors, eaves, verges, cills and balconies to be used by section and elevation at scales between 1:20 and 1:1 as appropriate shall be submitted to and approved by the Local Planning Authority in writing prior to any development above ground level.

 

The development shall be carried out in strict accordance with the approved details.

 

Reason: In order to safeguard the character and appearance of the area.

 

5 Site Levels

Details of existing and proposed site levels and the finished floor levels of the

proposed buildings shall be submitted to and approved in writing by the Local

Planning Authority prior to the commencement of the development hereby

permitted, excluding demolition. Construction shall be in strict accordance with the approved details.

 

Reason: To safeguard the character and appearance of the area and the living conditions of nearby residents.

 

6 Hard and Soft Landscaping

Prior to the occupation of the development hereby permitted a scheme of hard and soft landscaping shall be submitted to and approved in writing by the local planning authority. The submitted scheme shall indicate the existing trees shrubs and hedgerows to be retained, the location, species and size of all new trees, shrubs and hedgerows to be planted or transplanted, those areas to be grassed and/or paved. The landscaping scheme shall also include details of all surfacing materials. The landscaping scheme shall be completed during the first planting season after the date on which any part of the development is commenced or in accordance with a programme to be agreed in writing by the local planning authority. Any newly planted tree, shrub or hedgerow or any existing tree, shrub or hedgerow to be retained, that dies, or is uprooted, severely damaged or seriously diseased, within five years of the completion of the development, shall be replaced within the next planting season with another of the same species and of a similar size, unless the local planning authority gives prior written consent to any variation.

 

Reason: In order to safeguard and enhance the character and appearance of the area.

 

7 Boundary Treatments

The development shall not be occupied until details of external lighting and the treatment of all boundaries (including existing boundary treatments); to include drawings of any gates, fences, walls or other means of enclosure have been submitted to and approved in writing by the local planning authority. The approved boundary treatments and lighting shall be completed prior to the first occupation of the development and shall thereafter be permanently retained and maintained.

 

Reason: In the interests of safeguarding the character and appearance of the area and living conditions of adjacent occupiers.

 

8 Refuse Strategy and Resi Pack

Prior to the occupation of the development details of a refuse strategy and a

residential refuse information pack shall be submitted to and approved in writing by the local planning authority. The Developer shall be responsible for the provision, implementation and distribution of the approved refuse information pack to new homeowners and the development shall be completed in accordance with approved details and shall not be amended unless agreed in writing by the local planning authority.

 

Reason: To ensure that adequate provision is made in interests of future occupiers of development and to safeguard the character and appearance of the area.

 

9 Limitation of Use

This permission relates to approval of a community hall, use class F2(b); and shall be used for no other purpose (including any other purpose in Class F; of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order with or without modification.

 

Reason: To safeguard the living conditions of nearby residents.

 

10 U0038854

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (as amended) (or any order

revoking, re-enacting or modifying that Order), the dwellings hereby permitted shall not be extended or enlarged in any way without the prior grant of specific planning permission by the local planning authority.

 

Reasons: To safeguard the living conditions of the occupiers of neighbouring

dwellings and to ensure adequate sized amenity areas are retained.

 

11 U0038855

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (as amended) (or any order

revoking, re-enacting or modifying that Order) no alterations shall be made to the fenestration pattern hereby approved, no dormer windows, or rooflights shall be constructed and no change shall be made to the shape of the roof without the prior grant of specific planning permission by the local planning authority.

 

Reason: To safeguard the living conditions of the occupiers of neighbouring

dwellings.

12 U0038856

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (as amended) (or any order

revoking, re-enacting or modifying that Order) the dwellings hereby permitted shall not carry out any development falling within Schedule 2, Part 1, Class E of that Order ('buildings etc incidental to the enjoyment of a dwelling house') without the prior grant of specific planning permission by the local planning authority.

 

Reason: To safeguard the living conditions of the occupiers of neighbouring

dwellings and to ensure adequate sized amenity areas are retained.

 

13 U0038857

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (as amended) (or any order

revoking, re-enacting or modifying that Order), the community hall hereby permitted shall not be extended or enlarged in any way without the prior grant of specific planning permission by the local planning authority.

 

Reasons: To safeguard the living conditions of the occupiers of neighbouring

dwellings.

 

14 U0038858

Prior to occupation of the development, any alterations to the existing vehicular access shall be constructed at right angles to the highway boundary and to the existing carriageway. The width of the access at its junction with Maple Close shall be as shown in the Site Plan drawing 153762-STL-P_005 C; and with an appropriate dropped kerb vehicular crossing of the footway.

 

Reason: To ensure that vehicles can enter and leave the highway in a controlled manner in the interest of highway safety.

 

15 Cycle Storage

None of the accommodation hereby permitted shall be occupied until the facilities to be provided for the cycle storage; have been provided in accordance with the details shown on the approved drawings. The facilities for the residential storage shall be shall be secure, convenient and covered, the community hall facilities shall be provided with Sheffield Stands. Thereafter the accommodation shall not be occupied unless those facilities are retained.

 

Reason: To ensure that adequate provision is made in the interests of the amenity of the future occupiers and to promote sustainable transportation.

 

16 Residential Travel Pack

Prior to first occupation, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport for each dwelling, as approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator. The pack (including tickets) is to be provided by the Developer free of charge.

Reason: In the interests of reducing the need to travel by car and promoting

sustainable development and transport.

 

17 CON1 Construction Method Statement

No development shall take place, including any works of demolition, until a

Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development

iv. the erection and maintenance of security hoarding including decorative displays

and facilities for public viewing, where appropriate

v. wheel washing facilities

vi. measures to control the emission of dust and dirt during construction

vii.a scheme for recycling/disposing of waste resulting from demolition and

construction works

viii. hours of working and hours during which deliveries may be taken at the

site

 

Reason: In the interests of highway safety, visual and neighbour amenity.

 

18 Obscure Glazing

All window(s) serving 'bathrooms' and 'wc's' of the dwellings hereby approved;

shall be:- a) glazed using obscured glass to a minimum of level 3 of the "Pilkington" scale of obscuration and b) non-opening below a height of 1.7m above the floor of the room in which the window is installed. The windows shall be installed prior to

the first occupation of the building or use of the room of which the window(s) is installed. Those windows shall remain so glazed and non-openable. (Note the application of translucent film to clear glazed windows does not satisfy the

requirements of this condition)

 

Reason: In order to prevent an unacceptable degree of overlooking of nearby

residential properties.

 

19 Renewables

Prior to any works above ground level, a sustainability and energy strategy to

include further details of the number and location of renewable energy features, such as PV panels and a technical specification of the proposed heating system to be used shall be submitted to and approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the approved details.

 

Reason: In order to maximise renewable energy and efficiency in the interests of sustainable development.

 

 

20 Surface Water Drainage Scheme

No works except demolition shall takes place until the detailed surface water

drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development,

has been updated and submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:

 

o Limiting discharge rates to the rates highlighted in report "Drainage Strategy

Report, P20-423, 7th January 2021" for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change subject to agreement with the relevant third party.

o Provide sufficient storage to ensure no off site flooding as a result of the

development during all storm events up to and including the 1 in 100 year plus 40% climate change event.

o Final modelling and calculations for all areas of the drainage system.

o Detailed engineering drawings of each component of the drainage scheme.

o A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

Reason/s: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site. To ensure the effective operation of SuDS features over the lifetime of the development. To provide mitigation of any environmental harm which may be caused to the local water environment. Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

21 Maintenance Logs

The applicant or any successor in title must maintain yearly logs of maintenance

which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

Reason: To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.

 

22 Construction Environment Management Plan

No development shall commence, including works of demolition until a Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP should define best practice measures for ecological protection (including but not limited to protected species,) as well as protection methods of retained trees. The demolition and construction works shall be completed in accordance with the information agreed within the CEMP by the Local Planning Authority.

 

Reason: to ensure that appropriate measures are undertaken to ensure any

disturbance to protected species is mitigated and to ensure trees are not harmed in the interests of visual amenity.

 

23 Bird/Bat Boxes

The provision of swift boxes and/or bat boxes (or similar product) shall be

incorporated into/onto walls of the proposed community hall building hereby

approved to provide additional nesting opportunities, details of which shall be

submitted to and approved by the Local Planning Authority in writing prior to

occupation of the development. The proposed boxes shall be located away from human/lighting disturbance and at least 1.8m from ground on east or north facing aspects, prior to the occupation of the development. The boxes shall be maintained and retained in perpetuity.

 

Reason: In order to provide a biodiversity net-gain in the interests of sustainable development.

 

24 Community Hall Opening Hours

Prior to the occupation of the community hall, details of its opening hours shall be submitted to and approved in writing by the local planning authority. The approved opening hours shall be permanently retained as such, unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of residential amenity.

 

25 Vehicular Parking

The proposed development shall not be occupied until such time as the vehicle parking areas indicated on planning drawing 153762-STL-P_010/D; including any parking spaces for the mobility impaired, have been hard surfaced, sealed and marked out in parking bays and provision shall be made for EV charge points, details of which shall be submitted to and approved in writing by the local planning authority. The vehicle parking area, EVs and associated turning area shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

 

Reason: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking is provided.

 

Informative(s)

1 INF01

Reason for approval: The proposal would accord with the relevant policies of the development plan as set out below.

 

2 INF04

The permitted development must be carried out in accordance with the approved drawings and specification. If you wish to amend your proposal you will need formal permission from the Council. The method of obtaining permission depends on the nature of the amendment and you are advised to refer to the Council’s web site or take professional advice before making your application.

 

3 INF05

The following development plan policies contained in the Brentwood Replacement Local Plan 2005 are relevant to this decision: CP1, H3, H4, H6, H14, T2,T5, LT4, LT11, C5, IR5, National Planning Policy Framework (NPPF) 2019 and NPPG 2014.

 

4 INF22 The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

5 U0007589

The applicant is advised that a covenant should be included within the deed to the land to ensure SUDS features are maintained in the future.

 

6 U0007590

All housing developments in Essex which would result in the creation of a new

street (more than five dwelling units communally served by a single all-purpose access) will be subject to The Advance Payments Code, Highways Act, 1980. The Developer will be served with an appropriate Notice within 6 weeks of building regulations approval being granted and prior to the commencement of any development must provide guaranteed deposits which will ensure that the new street is constructed in accordance with acceptable specification sufficient to ensure future maintenance as a public highway; owing to the design, the internal road may not be adopted by the Highway Authority.

 

Arrangement shall be made for surface water drainage to be intercepted and

disposed of separately so that it does not discharge from or onto the highway

carriageway.

 

All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works.

The applicants should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to: SMO3 - Essex Highways, Childerditch Highways Depot, Hall Drive, Brentwood, Essex CM13 3HD.

 

7 U0007591

Essex Police, provide a free, impartial advice service to applicants who require advice on Crime Prevention Through Environmental Design and Secured by Design

and we would welcome the opportunity to meet with the applicant to discuss the security design aspects of the application to ensure provision of a safe and secure environment for potential residents Contact with Essex Police Designing Out Crime team is via designingoutcrime@essex.pnn.police.uk

 

8 INF31

The developer is reminded of the provisions of the European Regulation: EN 13724 for Post Boxes, specifically that the midpoint of the main slot should be between 700mm and 1700 mm in height. Further information may be viewed at: https://www.cwu.org/wp-content/uploads/2018/02/European-Regulation-EN13724-for-Post-Boxes.pdf

 

9 INF29 Party Wall Act

The developer is reminded of the provisions of the Party Wall etc Act 1996 which may require notification of the proposed works to affected neighbours. Detailed information regarding the provisions of 'The Act' should be obtained from an appropriately qualified professional with knowledge of party wall matters. Further information may be viewed at https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

 

10 Asbestos

Any existing buildings on site should be assessed for asbestos materials prior to demolition. Any asbestos must be removed in full consultation with the Health & Safety Executive.

 

11 Signage/Adverts

Any proposed signage or adverts relating to the community hall may require specific grant of advertisement consent which can be applied for via the planning portal.

 

 

 

 

[Cllr Dr Barrett declared a pecuniary interest due to him being a member of the community hall committee and did not take part in the debate or vote.]

 

Report author: Tessa Outram

Publication date: 09/04/2021

Date of decision: 18/03/2021

Decided at meeting: 18/03/2021 - Planning and Licensing Committee

Accompanying Documents: