PLANNING STATEMENT
APPLICATION FOR SUB-DIVISION OF EXISTING DWELLING TO CREATE ONE ADDITIONAL DWELLING AT
PLEASANT VIEW GASTON GREEN
SAWBRIDGEWORTH ROAD
LITTLE HALLINGBURY BISHOP’S STORTFORD
CM22 7QS
CONTENTS
1.0 INTRODUCTION ... 3
2.0 SITE DESCRIPTION AND CONTEXT ... 4
3.0 PLANNING HISTORY ... 5
4.0 PROPOSED DEVELOPMENT ... 6
5.0 PLANNING POLICY AND OTHER MATERIAL CONSIDERATIONS ... 7
6.0 PLANNING ASSESSMENT ... 11
7.0 CONCLUSIONS ... 14
APPENDICES
Appendix 1: Outline application consent (Reference: UTT/19/2311/OP)
1.0 INTRODUCTION
1.1 Sworders has been instructed by Mr R Tunks and Mrs K Tunks, hereafter referred to as ‘the Applicants’ to submit a planning application for the sub-division of the residential dwelling,
‘Pleasant View’, to create one additional dwelling.
1.2 The application has been informed by the consideration of policies within the Development Plan, national planning policy and other material considerations.
1.3 The application is supported by the following plans, drawings, and documents:
Document/Plan Drawing Number/
Report Reference/
Date
Produced By
Planning Statement N/A Sworders
Site Location Plan 221466 PL 00 001 Sworders Proposed Site Layout Plan 221466 PL 00 101 Sworders Existing and Proposed Floor Plans 221466 PL 01 101 Sworders Existing and Proposed Elevations 221466 PL 01 301 Sworders
Ecological Survey and Assessment May 2021 Essex Mammal Surveys
2.0 SITE DESCRIPTION AND CONTEXT
2.1 The application site is located on the western side of Sawbridgeworth Road and comprises one residential dwelling known as ‘Pleasant View’. A single storey side extension was added to the dwelling following the granting of planning permission in 1994.
2.2 The site is located outside of the development limits of Little Hallingbury and is positioned within the Green Belt. It is screened by mature vegetation along the site frontage and along the southern boundary.
2.3 The site is accessed from Sawbridgeworth Road and there is an existing car parking area to the front of the dwelling.
2.4 The access also serves the industrial buildings to the rear of the site which are within the same ownership as the application site but do not form part of this application (the land is therefore edged blue on the submitted Site Location Plan).
2.5 There is a Grade II Listed Building known as ‘The Hop Poles’ located on the opposite side of
the road.
3.0 PLANNING HISTORY
3.1 A single storey side extension was added to ‘Pleasant View’ under planning application reference UTT/0795/94/FUL.
3.2 Outline planning permission with all matters reserved, except for access was granted on 22 April 2020 (application reference UTT/19/2311/OP) for the demolition of the existing industrial buildings and the erection of 3 no. detached dwellings (to the rear of the application site). Whilst the application was outline in nature, the access point from Sawbridgeworth Road was considered approved in detail. The decision notice is at Appendix 1 of this Planning Statement.
3.3 The associated Reserved Matters application was granted on 23 November 2021 subject to
conditions (application reference UTT/21/2889/DFO).
4.0 PROPOSED DEVELOPMENT
4.1 The proposed development includes the sub-division of Pleasant View to create an additional dwelling.
4.2 The proposed dwelling would include a living room, kitchen, study, and bedroom at ground floor, and two bedrooms and a bathroom at first floor.
4.3 The existing house would retain a living room, dining room, kitchen, garage, and workshop at ground floor, and two bedrooms (one with an en-suite) and a bathroom at first floor.
4.4 Both the existing dwelling and the proposed dwelling would include gardens of similar sizes.
4.5 Two parking spaces would be retainedfor the existing house, and two spaces and one visitor
space would be created for the proposed dwelling.
5.0 PLANNING POLICY AND OTHER MATERIAL CONSIDERATIONS
Development Plan
5.1 The development plan for the area comprises the saved policies of the Uttlesford Local Plan 2005, which covers the period 1996 to 2011.
5.2 The application site is located within the Metropolitan Green Belt. Policy S6 of the Uttlesford Local Plan confirms the area and boundaries of the Green Belt but notes that various villages are excluded from the Green Belt including Little Hallingbury. Policy S6 states that within the defined settlement boundaries of these villages, infilling, limited development, or redevelopment compatible with the character of the settlement and its setting will be permitted.
5.3 It should be noted that Policy S6 does not relate to sites that fall within the Green Belt outside of these villages. Given that the application site lies outside of the settlement boundary of Little Hallingbury, Policy S6 is not relevant to this application other than to confirm that the boundaries of the Green Belt are defined on the Proposals Map.
5.4 Policy H5 is relevant to this application which states that proposals for the sub-division of existing dwellings will be permitted if they are compatible with the character and appearance of the area. Other policies of relevance to the determination of this application are set out below:
GEN1 – Access GEN2 – Design
GEN4 – Good Neighbourliness GEN7 – Nature Conservation GEN8 – Vehicle Parking Standards
ENV2 – Development Affecting Listed Buildings
New/Emerging Local Plan
5.5 Following withdrawal of an earlier draft Local Plan, Uttlesford District Council’s new Local Plan is in its very early stages and therefore no weight can be afforded to it in the determination of this application.
Neighbourhood Plan
5.6 There is no Neighbourhood Plan relevant in this case.
National Planning Policy Framework (NPPF), July 2021
5.7 Paragraph 11 d) of the National Planning Policy Framework (NPPF) states that where there are no relevant development plan policies, or the policies which are most important for determining the application are out of date, permission should be granted unless: i) the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii) any adverse impacts of doing so would significantly and demonstrably outweigh the against the policies in the Framework taken as a whole.
5.8 Footnote 7 to i) states that the policies referred to are those in the NPPF rather than those in development plans relating to amongst other things ‘land designated as Green Belt’.
5.9 Policy S6 of the Uttlesford Local Plan is ‘the most important for determining the application’
by the LPA. Given that this is not relevant to the application and taking into consideration the incompatibility between S6 and the NPPF, it is considered that policy S6 is not relevant and is out of date.
5.10 Planning permission should therefore be granted, unless the NPPF provides a clear reason for refusal, or if any adverse impacts would significantly and demonstrably outweigh the benefits.
NPPF - Green Belt
5.11 Paragraph 138 of the NPPF states that the Green Belt serves five purposes:
a) to check the unrestricted sprawl of large built-up areas;
b) to prevent neighbouring towns merging into one another;
c) to assist in safeguarding the countryside from encroachment;
d) to preserve the setting and special character of historic towns; and
e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.
5.12 Paragraph 147 of the NPPF states that inappropriate development is, by definition, harmful to the Green Belt, and should not be approved except in very special circumstances.
5.13 Paragraph 148 of the NPPF states that when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations.
5.14 Paragraph 149 of the NPPF is relevant to new buildings in the Green Belt and states that Local Planning Authorities should regard the construction of new buildings as inappropriate in the Green Belt. An exception to this is the extension or alteration of a building provided it does not result in disproportionate additions over and above the size of the original building.
NPPF - Rural Areas
5.15 Paragraph 79 states that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby.
5.16 Paragraph 80 states that planning policies and decisions should avoid the development of
isolated homes in the countryside unless the development would involve the sub-division of
an existing residential building.
The National Planning Practice Guidance (PPG)
5.17 The National Planning Practice Guidance (PPG) was launched in March 2014 and provides guidance on topic which are covered in the NPPF. As such, it should be read in conjunction with the NPPF.
Supplementary Planning Guidance/ Documents
5.18 Uttlesford District Council has adopted the Parking Standards - Design and Good Practice (2009) produced by Essex County Council in partnership with the Essex Planning Officers Association (EPOA) and Uttlesford District Council Parking Standards (2013).
5.19 The Essex Design Guide was originally established in 1973 with the preceding publication
released in 2005. The 2018 edition is an interactive web-based design tool.
6.0 PLANNING ASSESSMENT
Principle of Proposed Development
6.1 The application site is in the Green Belt and includes the sub-division of a dwelling. Paragraph 149 of the NPPF notes that an alteration to a building is not considered to be inappropriate development within the Green Belt provided it does not result in disproportionate additions to the property. The proposed sub-division would be within the existing built footprint of the dwelling and would not result in any additions. It is therefore considered that the proposal would be appropriate development within the Green Belt. In addition, paragraph 80 supports the sub-division of existing residential buildings within the countryside.
6.2 Furthermore, the proposal would not result in the sprawl of a large built-up area, the merging of neighbouring towns and is not located within or nearby to a historic town. The proposal would also not extend beyond the existing built footprint and would not therefore encroach into the countryside. It is not therefore considered that the proposal would adversely impact the roles of the Green Belt.
6.3 The proposal is considered to be appropriate and compatible development within the Green Belt and rural area, in compliance with the NPPF. The proposal is therefore considered to be acceptable in principle.
Character and Appearance
6.4 Development Plan policy H5 states that the subdivision of dwellings into two or more units will be permitted if the character of the area would not be adversely affected.
6.5 The proposed sub-division would alter the application dwelling from a detached dwelling to a
pair of semi-detached dwellings. There are semi-detached dwellings evident in the immediate
vicinity including no.2 and 3 Henriot Cottages, and 2 pairs of semi-detached dwellings on the
junction of Sawbridgeworth Road and Grinstead Lane, located 93m and 130m from the
application site respectively. There are also 16 semi-detached properties further along
Grinstead Lane. The proposal would therefore be in keeping with the surrounding area.
6.6 The proposal includes the alteration of one window on the front elevation to create a new front door for the proposed dwelling and the creation of car parking spaces. Given the minor nature of the works and the boundary screening, it is not considered that the proposal would result in harm to the character and appearance of the existing dwelling or area. It should be noted additional parking could be created without planning permission.
6.7 One tree would be removed to enable the widening of the entrance approved under application reference UTT/19/2311/OP. Another would also be removed to allow room for cars to turn. Notwithstanding this, the mature boundary screening along the frontage and southern boundary would be retained. In addition, two shrubs would be planted adjacent to the proposed car parking spaces and native hedging would be planted along the northern boundary. It is therefore considered that the proposal would positively contribute to the area.
No trees would be removed within the garden of the application site.
6.8 It is not therefore considered that the character of the area would be adversely affected, in compliance with policy H5.
Listed Building
6.9 Given the scale and nature of the proposed works and taking into consideration the distance of the application site from ‘The Hop Poles’ and the boundary screening, it is not considered that the proposal would result in detrimental impacts to the setting of the Listed Building.
Amenity
6.10 Policy GEN2 seeks to ensure that residential amenity is not affected by reason of overlooking, overshadowing, or becoming overbearing.
6.11 Due to the internal layout and positioning of fenestration on the existing dwelling, the proposed sub-division would not result in detrimental impacts to the amenity of the existing or proposed occupiers. In addition, the proposed internal and external amenity spaces are compliant with the nationally described space standards and the Essex Design Guide.
6.12 The neighbour ‘The Hop Poles’ is located across the road, 27m from the application site, and
the proposal would not extend beyond the footprint of the existing dwelling. Taking this into consideration and given the scale and nature of the proposed works, it is not considered that the proposal would result in detrimental impacts to the amenity of the occupiers of this dwelling or to the occupiers of the approved dwellings to the rear of the site.
6.13 The proposal would not therefore result in detrimental impacts to the amenity of the existing and proposed occupiers or to the occupants of ‘The Hop Poles’, in compliance with policy GEN2.
Parking and Access
6.14 The existing access would be utilised though it would be widened to accommodate the approved housing development to the rear. Essex County Council raised no objection to the proposed access subject to conditions to ensure highway safety. These conditions were added to the outline consent and do not need to be repeated under this application.
6.15 The adopted parking standards require that dwellings with more than 2 bedrooms should include 2 car parking spaces. Additionally, the parking standards require 1 visitor parking space. The proposed development includes 2 standard car parking spaces for the existing dwelling and 2 standard car parking spaces for the proposed dwelling plus 1 visitor parking space, in accordance with the parking standards.
Ecology
6.16 An Ecological Survey and Assessment was undertaken in in May 2021 following previous site
visits in 2017 and 2019 (including bat surveys). This related to the approved development to
the rear of the site but included the application site within the assessment. The document
confirmed that there was no evidence of protected species at the site but recommended
enhancement measures including hedgehog friendly fencing and the installation of one
hedgehog box and three bird nesting boxes. These enhancement measures were secured via
condition at outline application stage, and it is not therefore considered necessary to further
condition them under this application.
6.17 It should also be noted that this proposal includes the planting of shrubs and native hedging which will help to enhance biodiversity at the site. Notwithstanding the above, it is considered that hedgehog friendly fencing could be provided.
CONCLUSIONS
6.18 The proposal is appropriate development within the Green Belt and would not adversely impact the character of the area. In addition, the proposal would not result in detrimental impacts to neighbouring amenity or to the setting of the adjacent Listed Building. The proposal would also not result in detrimental impacts to access and parking or ecology.
6.19 The proposal is compliant with local and national policies, and it is therefore respectfully
requested that the application is approved. The Applicants look forward to engaging with the
Local Planning Authority on this matter.
APPENDIX 1
Outline application consent (Reference: UTT/19/2311/OP)
UTTLESFORD DISTRICT COUNCIL
Council Offices, London Road, Saffron Walden, Essex CB11 4ER Telephone (01799) 510510, Fax (01799) 510550
Textphone Users 18001
Email uconnect@uttlesford.gov.uk Website www.uttlesford.gov.uk
Philip Livings Limited 53 Woodlands Park Drive Dunmow
Essex CM6 1WT
Dated: 22 April 2020
TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015
Application Number: UTT/19/2311/OP Applicant: Mr R Tunks
Uttlesford District Council Grants Permission for:
Outline application with all matters reserved, except for access, for the demolition of existing industrial buildings and the erection of 3 no. detached dwellings at Pleasant View Gaston Green Sawbridgeworth Road Little Hallingbury Bishops Stortford Hertfordshire CM22 7QS
The approved plans/documents are listed below:
LOCATION PLAN Location Plan 08/10/2019
Permission is granted with the following conditions:
1 Approval of the details of layout, scale, landscaping and appearance (hereafter called "the Reserved Matters") must be obtained from the Local Planning Authority in writing before development commences and the development must be carried out as approved.
REASON: In accordance with Article 5 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) and Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2 Application for approval of the Reserved Matters must be made to the Local Planning Authority not later than the expiration of three years from the date of this permission.
REASON: In accordance with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
3 The development hereby permitted must be begun no later than the expiration of two years from the date of approval of the last of the Reserved Matters to be approved.
REASON: In accordance with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
4 All of the dwellings approved by this permission shall be built to Category 2: Accessible and adaptable dwellings M4(2) of the Building Regulations 2010 Approved Document M, Volume 1 2015 edition.
Reason : To ensure compliance with Policy GEN2 (c) of the Uttlesford Local Plan 2005 and the subsequent SPD on Accessible Homes and Playspace
6 There should be no obstruction above ground level within a 2.4m wide parallel band visibility splay as measured from and along the nearside edge of the carriageway across the entire site frontage. Such vehicular visibility splays shall be provided
before the access is first used by vehicular traffic and retained free of any obstruction at all times.
Reason: To provide adequate inter-visibility between the pedestrian and users of access and the existing public highway for the safety and convenience of the users of the highway and access having regard safety in accordance with the Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance in February 2011 and Uttlesford Local Plan Policy GEN1.
7 Prior to the occupation of any of the proposed dwellings, the proposed private drive shall be constructed to a width of 5.5 metres for at least the first 6 metres from the back of the highway boundary, shall be constructed at right angles to the highway boundary and provided with an appropriate vehicular crossing of the verge.
Reason: To ensure that vehicles can enter and leave the highway in a controlled manner and to ensure that opposing vehicles can pass clear of the limits of the highway, in the interests of highway safety in accordance with the Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance in February 2011 and Uttlesford Local Plan Policy GEN1.
8 No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.
Reason: To avoid displacement of loose material onto the highway in the interests of highway safety in accordance with the Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance in February 2011 and Uttlesford Local Plan Policy GEN1.
9 Any gates provided at the vehicular access shall be inward opening only and shall be set back a minimum of 6 metres from the back edge of the carriageway.
Reason: To enable vehicles using the access to stand clear of the carriageway whilst gates are being opened and closed in the interest of highway safety in accordance with the Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance in February 2011 and Uttlesford Local Plan Policy GEN1.
10 Prior to occupation of the development the areas within the site identified for the purpose of loading/unloading/reception and storage of materials and manoeuvring shall be provided clear of the highway and retained at all times for that sole purpose.
Reason: To ensure that appropriate loading / unloading facilities are available in the interest of highway safety in accordance with the Highway Authority's Development Management Policies, adopted as County Council
Supplementary Guidance in February 2011 and Uttlesford Local Plan Policy GEN1.
11 No occupation of the development shall take place until a scheme for protecting the proposed dwellings from noise from air traffic has been submitted to and approved in writing by the local planning authority. The dwellings shall not be occupied until such a scheme has been implemented in accordance with the approved details, and shown to be effective, and it shall be retained in accordance with those details thereafter
Reason:.To ensure future occupiers enjoy a good acoustic environment, in accordance with policy ENV10 which requires appropriate noise mitigation and sound proofing to noise sensitive development.
12 No development approved by this permission shall take place until a Phase 2 investigation report, as recommended by the previously submitted Brown2Green Phase1 Geo-Environmental Desk Study Report, dated September 2018 (Ref: 2151/Rpt 1v1), has been submitted to and approved in writing by the Local Planning Authority. Where found to be necessary by the phase 2 report a remediation strategy to deal with the risks associated with contamination of the site shall also be submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall include an options appraisal giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency action.
Reason: To protect human health and the environment and to minimise and prevent pollution of the land and the water environment in accordance with national planning policy guidance set out in section 15 of the National Planning Policy Framework and ULP policy 14
13 Prior to any permitted dwelling being occupied a validation report shall be submitted and approved in writing by the Local Planning Authority to demonstrate the effectiveness of any agreed Remediation Strategy. Any such validation shall include responses to any unexpected contamination discovered during works.
14 All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Survey and Assessment (Essex Mammal Surveys, January 2019) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW,) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.
Reason: To conserve and enhance Protected and Priority species and allow the LPA to discharge its duties under the UK Habitats Regulations, the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species) in accordanc ewith ULP (adopted 2005) policy GEN7
15 Prior to slab level, a Biodiversity Enhancement Strategy for Protected and Priority species shall be submitted to and approved in writing by the local planning authority.
The content of the Biodiversity Enhancement Strategy shall include the following:
1. Purpose and conservation objectives for the proposed enhancement measures;
2. detailed designs to achieve stated objectives;
3. locations of proposed enhancement measures by appropriate maps and plans;
4. persons responsible for implementing the enhancement measures;
5. details of initial aftercare and long-term maintenance (where relevant).
The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter."
Reason: To enhance Protected and Priority Species/habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species) in accordance with ULP policy GEN7.
16 All of the dwellings hereby approved shall not be any higher than the commercial building currently on site and shall be of single or one and a half storeys high.
Reason: : To ensure that the openness of the Metropolitan Green Belt is maintained, in accordance with Policy S6 of the Uttlesford Local Plan (adopted 2005).
17 The number of parking spaces shall be in accordance with those standards set down within Essex County Council's Parking Standards Design and Good Practice, September 2009 and Uttlesford Local Residential Parking Standards February 2013.
REASON: To ensure that appropriate parking is provided in the interests of highway safety and efficiency in accordance with policy DM8 and Local Policy GEN1 and GEN8 of the Uttlesford Local Plan as Adopted (2005)
18 Prior to the commencement of development a scheme for the facilitiating of electric vehicle charging points to all dwellings shall be submitted to and approved by the Local Planning Authority. The scheme shall be fully implemented prior to the occupation of any dwelling and thereafter retained unless approived in writing by the Local Planning Authority.
Reason: To promote sustainable transport, in accordance with the National Planning Framework.
In determining this application, the Local Planning Authority had regard to the following Development Plan Policies:
Policy Local Plan Local Plan Phase
ENV2 - Development affecting Listed Buildings
NPPF3 - National Planning Policy Framework 3
S6 - Metropolitan Green Belt
GEN2 - Design
GEN1 - Access
GEN8 - Vehicle Parking Standards
GEN4 - Good Neighbours
ENV14 - Contaminated land
GEN7 - Nature Conservation
H10 - Housing Mix
Uttlesford Local Parking
ECP - ECC Parking Standards (Design & Good
Practice)September 2009 EDG - Essex Design Guide
ENV10 - Noise sensitive development and disturbance from aircraft
ENV14 - Contaminated land
Notes:
1 -This permission does not incorporate Listed Building Consent unless specifically stated. -The alterations permitted by this consent are restricted to those specified and detailed in the application. Any alteration, demolition or re-building not so specified, even if this should become necessary during the course of the work, must be subject of a further application. It is an offence to carry out unauthorised work to the interior or exterior of a Listed Building in any way, which would affect its character.-The proposal has been considered against Development Plan policies shown in the schedule of policies. Material planning considerations do not justify a decision contrary to the Development Plan.-The Development Plan comprises the saved policies of the Uttlesford Local Plan (2005).- It is the responsibility of the owner to ensure that any conditions attached to an approval are complied with. Failure to do so can result in enforcement action being taken. Where conditions require the submission of matters to and approval by the local planning authority these must be submitted on form "Application for approval of details reserved by condition" available from the Council's web site www.uttlesford.gov.uk and accompanied by the correct fee.-Your attention is drawn to the need to check with the Council's Building Surveying Section regarding fire-fighting access and the requirements of Section 13 of the Essex Act 1987.-Your attention is drawn to the Equality Act 2010. The Act makes it unlawful for service providers (those providing goods, facilities or services to the public), landlords and other persons to discriminate against certain groups of people. -If you intend to pipe, bridge or fill in a watercourse, as part of this development or otherwise, you need to contact the County Highways Authority. -Under the terms of the Water Resources Act 1991 and Environment Agency Byelaws, the prior written consent of the agency is required for any proposed works or structures in, under, over or within 9 metres of the top of the bank of any main river. -If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. In these circumstances, the owner may serve a purchase notice on the Council in whose area the land is situated. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.-Working in close proximity to live overhead lines:The law
be missing or have been vandalised) only when there is no alternative and only when the risks are acceptable and can be properly controlled. Further information can be viewed at http://www.ukpowernetworks.co.uk/internet/en/help-and-advice/help-sheets/ then click on
"Keeping Safe" then "Working safely near power lines"UK Power Networks will also visit sites and provide safety advice with regard to work near electricity overhead lines and a statement of clearances to the overhead lines. A call to UK Power Networks general enquiries line on 0845 601 4516 will be required to request a visit. Lines open Monday to Friday 9.00am to 5.00pm.Appeals to the Secretary of State-If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority's decision on your application, then you must do so within: 28 days of the date of service of the enforcement notice, or within 6 months [12 weeks in the case of a householder appeal] of the date of this notice, whichever period expires earlier.Appeals can be made online at:
https://www.gov.uk/planning-inspectorate.If you are unable to access the online appeal form, please contact the Planning Inspectorate to obtain a paper copy of the appeal form on tel: 0303 444 5000.-The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.-The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. - If you intend to submit an appeal that you would like examined by inquiry then you must notify the Local Planning Authority and Planning Inspectorate (inquiryappeals@planninginspectorate.gov.uk) at least 10 days before submitting the appeal. Further details are on GOV.UK.
2 1. Developers are referred to the Uttlesford District Code of Development Practice. To avoid/minimise the impact upon the amenity of adjoining residents; developers are advised to follow the General Principle, and advice contained therein. 2. Any further unexpected contamination discovered during development works should be brought to the attention of the Local Authority. 3. Essex guidance "Land Affected by Contamination: Technical Guidance for Applicants and Developers 3rd edition", is available on the UDC website. Uttlesford District Council's Noise Assessment Technical Guidance June 2017 is available on the UDC website
3 i. 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. Theapplicants should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford, Essex, CM2 5PU.ii. There shall be no discharge of surface water onto the Highway.iii. Under Section 148 of the Highways Act 1980 it is an offence to deposit mud, detritus etc. on the highway. In addition under Section 161 any person, depositing anything on a highway which results in a user of the highway being injured orendangered is guilty of an offence. Therefore, the applicant must ensure that no mud or detritus is taken onto the highway, such measures include provision of wheel cleaning facilities and sweeping/cleaning of the highway.iv. Prior to any works taking place in public highway or areas to become public highway the developer shall enter into an appropriate legal
agreement to regulate the construction of the highway works. This will include the submission of detailedengineering drawings for approval and safety audit.
Gordon Glenday
Assistant Director Planning
