Decision details

Langley Vale Memorial Woodland Site, Headley Road, Langley Vale - 17/01450/FUL

Decision Maker: Planning Committee

Decision status: For Determination

Is Key decision?: Yes

Is subject to call in?: No

Decisions:

Description

Joint application for the creation of a permanent car park, overflow car park, cycle parking, new access to Headley Road, gates, height restrictor, ticket machine, CCTV, hard surfaced paths, multi-user paths and memorial area, including sculptures and associated infrastructure in relation to Langley Vale Wood - Centenary Woodland for England.

Decision

Planning permission is PERMITTED, subject to the following conditions:

Conditions:

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

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

(2)            The development hereby permitted shall be carried out in accordance with the following approved plans:

Langley_001A – Layout Plan – dated 24.06.2019

Langley_002A – Layout Plan and LPA Boundaries- dated 25.06.2019

Langley_004A – Parameter Plan - dated 24.06.2019

Langley_013B – Indicative Master Plan - dated 24.06.2019

EIA-001A – Site Layout Overall Proposed – dated 08.07.2019

EIA-003A – Indicative Planting Layout – dated 08.07.2019

EIA-013A – Indicative Locations of Temporary Spoil/Compound Areas – dated 08.07.2019

SJA TPP 15163-03.0 Rev E – Tree Protection Plan – dated Mar 2017

SJA TPP 15163-03.1 Rev E – Tree Protection Plan – dated Mar 2017

SJA TPP 15163-03.2 Rev E – Tree Protection Plan – dated Mar 2017

SJA TPP 15163-03.3 Rev E – Tree Protection Plan – dated Mar 2017

SJA TPP 15163-03.4 Rev E – Tree Protection Plan – dated Mar 2017

EIA-002 – Proposed Car Park Barrier & Site Signage Layout- dated 24.03.2015

EIA-004 – Proposed Car Park Cross-Sections – dated 18.06.2015

EIA-005 – Typical Construction Details – dated 18.06.2015

EIA-006 – Off Site Signage Routes – dated 18.06.2014

EIA-007 – Proposed Materials and Surfacing Layout – dated 23.06.2017

SK15 - Proposed site access and visibility splays – dated 07.12.2018

EIA-009 – Typical Fencing and Gate Details – dated 16.03.2017

EIA-010 – Typical Woodland Paths Cross-Sections – dated 16.03.2017

EIA-011 – Traffic Routing Development Forecast Traffic Flows Sunday Peak Hour – dated 28.03.2017

EIA-012 – Construction Vehicle Routes To and From Site – dated 12.04.2017

Langley_005 – Topographical Survey and paths - dated 21.02.2017

Langley_008 – Fencing and hedging on multi-user paths - dated 08.05.2017

Langley_009 – Paths spec map - dated 17.08.2017

Langley_010 – Ancient Woodland – dated 01.03.2017

Langley_012 – Location Plan – dated 03.03.2017

Langley_014 Rev 002 – Langley Vale Commemorative Feature - dated 14.08.2018

Langley_015 Rev 002 – Langley Vale Commemorative Feature – dated 14.08.2017

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy (2007). 

(3)            The development hereby permitted shall be constructed entirely of the materials as detailed on the schedule of materials on the planning application form and the details shown on Drawings:

EIA-007 – Proposed Materials and Surfacing Layout – dated 23.06.2017

Langley_014 Rev 002 – Langley Vale Commemorative Feature - dated 14.08.2018

Langley_015 Rev 002 – Langley Vale Commemorative Feature – dated 14.08.2017

 

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015

(4)            No development shall commence until a Construction Transport Management Plan, to include details of:

(a) parking for vehicles of site personnel, operatives and visitors

(b) loading and unloading of plant and materials

(c) storage of plant and materials

(d) programme of works (including measures for traffic management)

(e) provision of boundary hoarding behind any visibility zones

(f) HGV deliveries and hours of operation

(g) vehicle routing, avoiding Farm Lane, Park Lane and Headley Road to the south

(h) measures to prevent the deposit of materials on the highway

(i) before and after construction condition surveys of the highway and a commitment to fund the repair of any damage caused by construction vehicles accessing the site

(j) no construction movements (including HGVs) to or from the site shall take place between the hours of 8.00 and 9.00 am and 3.00 and 4.00 pm nor shall the contractor permit any HGVs associated with the development at the site to be laid up, waiting, in Headley Road, Downs Road, Langley Vale Road, Farm Lane and Park Lane during these times

(k) on-site turning for construction vehicles has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.

 

Reason: To ensure that the development does not prejudice the free flow of traffic and conditions of safety on the highway or cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007) and Policy DM35 of the Development Management Policies 2015.

(5)            Prior to the commencement of development, a Construction Method Statement for the hard surface paths construction must be submitted to and approved by the Local Planning Authority, to avoid any adverse impact on arable plants.  The development shall be undertaken in accordance with the Construction Method Statement as approved.

Reason: To preserve and enhance biodiversity and habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(6)            The development hereby permitted shall not commence until details of the design of a surface water drainage scheme have been submitted to and approved in writing by the planning authority. Those details shall include:

a) A design that satisfies the SuDS Hierarchy and that is compliant with the national Non-Statutory Technical Standards for SuDS, NPPF and Ministerial Statement on SuDS.

b) The results of infiltration testing completed in accordance with BRE:365.

c) Detailed drawings to include: a finalised drainage layout detailing the location of SuDS elements, pipe diameters, levels, details of how SuDS elements will be protected from root damage and long and cross sections of each SuDS element including details of any flow restrictions and how they will be protected from blockage.

d) Details of Management and Maintenance regimes and responsibilities

The development shall be undertaken in accordance with the surface water drainage scheme as approved.

Reason: To ensure the design meets the national Non-Statutory Technical Standards for SuDS and the final drainage design does not increase flood risk on or off site, in accordance with with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015.

(7)            Prior to the commencement of development, a survey of the Site by an appropriately qualified ecologist shall be undertaken to check for any new signs of badger sett construction on Site in the vicinity of the proposed paths and memorial area, the scope of which shall be agreed with the Local Planning Authority in advance. If any changes in badger activity is detected, such as a new sett construction, a suitable course of action shall be submitted to and approved by the Local Planning Authority.

Reason: To preserve and enhance biodiversity and habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(8)            A 20m buffer zone shall be maintained between any construction activity (including building materials, vehicles and workers) and the badger sett entrances. The applicant shall ensure that commuting routes and access to other badger setts and foraging grounds are no obstructed. Any deep excavation left overnight shall be provided with a ramped means of escape and stockpiles of soft materials shall be covered overnight to prevent badgers excavating new setts.

Reason: To preserve and enhance biodiversity and habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(9)            The development hereby permitted shall not commence until details of the nature conservation, mitigation strategy, compensation and enhancement actions specific to the development within the Borough of Epsom and Ewell Borough Council has been submitted to and approved in writing by the Local Planning Authority.  This shall include a post-construction monitoring schedule for the identified badger setts.  The development shall be undertaken in accordance with the nature conservation strategy as approved.

Reason: To preserve and enhance biodiversity and habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(10)        Notwithstanding the detail of the approved plans, full details of the number, size, design and position of signage, interpretation boards and grove posts to be erected within the site, shall be submitted to and approved in writing by the local planning authority prior to installation.

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015

(11)        The development shall be carried out in accordance with the agreed details of the Tree Protection Plans and Methods and no equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with the Tree Protection Plans. Within any area fenced in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, nor shall any fires be lit, without the prior written consent of the local planning authority. The fencing shall be maintained in accordance with the approved details, until all equipment, machinery and surplus materials have been moved from the site.

Reason: To protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(12)        No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work, to be conducted in accordance with a written scheme of investigation which has been submitted to and approved, in writing, by the Local Planning Authority.

Reason: To ensure that any archaeological remains are not damaged in accordance with Policy CS5 of the Core Strategy (2007).

(13)        Prior to the commencement of development approved by this planning permission, the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified:

         all previous uses

         potential contaminants associated with those uses

         a conceptual model of the site indicating sources, pathways and receptors

         potentially unacceptable risks arising from contamination at the site.

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

5) The site shall be remediated in accordance with the approved measures and a verification report shall be submitted to and approved by the Local Planning Authority;

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy DM17 of the Development Management Policies 2015 and the National Planning Policy Framework.

(14)        If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved, verified and reported to the satisfaction of the Local Planning Authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy DM17 of the Development Management Policies 2015 and the National Planning Policy Framework.

(15)        Prior to occupation of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, if appropriate, and for the reporting of this to the local planning authority. Any long-term monitoring and maintenance plan shall be implemented as approved.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy DM17 of the Development Management Policies 2015 and the National Planning Policy Framework.

(16)        Whilst the principles and installation of sustainable drainage schemes are to be encouraged, no drainage systems for the infiltration of surface water drainage into the ground are permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to Controlled Waters. The development shall be carried out in accordance with the approval details.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy DM17 of the Development Management Policies 2015 and the National Planning Policy Framework.

(17)        Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy DM17 of the Development Management Policies 2015 and the National Planning Policy Framework.

Informative:

(1)            In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way.  We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

(2)            Works related to the construction of the development hereby permitted including works of demolition or preparation prior to building operations shall not take p0lace other than between the hjours of 08.00 to 18.00 hours Mondays to Fridays; 087.00 to 13.00 Saturdays; with no work on Saturday afternoons (after 13.00), Sundays, Bank Holidays or Public Holidays.

Reason:  In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

Note:  Councillors Hannah Dalton, Debbie Monksfield and Lucie Dallen joined the meeting after the determination of this application had commenced and therefore did not take part in the debate or vote on this item.

The Committee noted verbal presentations from a representative of the Woodland Trust and the agent for the application.  Letters of representation had been published on the Council’s website and were available to the public and members of the Committee in advance of the meeting.

Report author: Virginia Johnson

Publication date: 09/08/2019

Date of decision: 25/07/2019

Decided at meeting: 25/07/2019 - Planning Committee

Accompanying Documents: