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A1 PLANNING AND REGULATORY COMMITTEE 22 nd 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

PLANNING APPLICATIONS FOR DETERMINATION · 2018. 5. 16. · 5% apartments inappropriate [Crest Nicholson, ID 423] Tree requirement excessive [Crest Nicholson, ID 424] Unnecessary

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  • A1

    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    South West corner of site

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    Glasshouse operation

    Derelict Glasshouses

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    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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    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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    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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    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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    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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    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