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AGENDA ITEM NO - Braintree District Council

VIEWS: 1 PAGES: 46

  • pg 1
									                                              AGENDA ITEM 7
OVERVIEW REPORT

This report relates to three current inter-related planning applications,
which are summarised as follows:

04/02533/FUL       Demolition of existing Bayer building and old library
                   and erection of new retail food store and associated
                   two storey car park with service yard and gatehouses
                   Bayer Site, Colchester Road, Halstead

05/00179/FUL       Change of use of land and associated works
                   comprising construction of enclosed main football
                   pitch, 2 no. practice pitches, kids pitch, associated
                   club house/pavilion, covered 350 seater stand, toilet
                   block, turnstile access, groundsman’s shed, car
                   parking, access road, floodlighting, earth mounding
                   and landscaping for the proposed relocation of
                   Halstead Town Football Club
                   Land Adjacent the Cricket Ground
                   Sudbury Road/Star Stile, Greenstead Green, Halstead

05/00180/OUT       Class A1 retail store and associated car parking,
                   access and service facilities, including off site
                   highway works
                   Halstead Town Football Club and adjoining land
                   Rosemary Lane/ Butler Road, Halstead

The applications are presented together for members to take an overall
view of the proposals. Applications 04/02533/FUL and 05/00180/OUT
relate primarily to the provision of new convenience foodstores and
stem initially from an acknowledgement of outstanding retail capacity,
formally set out in the Braintree Retail Study, March 2001. A copy of the
The Halstead Town Centre Appraisal (Section 7) has been placed in the
Member’s Room. The report was commissioned to inform the Local
Plan review process. The RLP did not, in the end contain any specific
policy or site proposal for Halstead and any applications in the town
therefore need to be judged against the criteria based policies set out in
the Plan.

The report found that Halstead only has a relatively limited food retail
catchment area, with its primary area covering post code areas CO91
and CO92. Within the primary catchment the retention level is 77%
which is reasonably strong but considered capable of enhancement.
Additionally it was considered that potential does exist to enhance the
level of trade drawn to Halstead from some of the other postal sectors.
This trade is currently relatively ‘footloose’ as it is largely associated
with large rural areas that may look to various towns to meet its
requirements. At present, Sudbury and Braintree attract the majority of
footloose trade.


                                    11
Paragraph 7.34 to the 2001 report states that:

       ‘….only a relatively limited amount of further food retailing within
       Halstead would be required to enhance its catchment profile
       potentially significantly. We consider, therefore that capacity may
       exist for a store of up to 1000 sq.m. net, although we consider that
       this need exists only within the town centre, creating collective
       trading draw with other town centre occupiers

The report noted that Iceland had indicated a requirement for a store in
Halstead of between 600-700sq.m. which was considered to be a
complementary and appropriate store format. The possibility of other
opportunities coming forward over the plan period was thought
possible, but felt likely to be replacement provision rather than
additional.

With regard to non-food retailing, Halstead was regarded as having the
natural capacity to support a further 905 sq.m. gross at 2006 assuming it
retained its market share.

Application 04/02533/FUL proposes a store with a gross internal area of
2913 sq.m. It has been suggested that the store may be operated by
Sainsburys, although there is no certainty at this stage.

Application 05/00180/OUT proposes a store with a gross external floor
area of 3765 sq.m. The applicant is Tesco Stores Ltd.

National policy on planning for town centres is contained in the recently
published Planning Policy Statement 6 (PPS6), 2005. In the context of
development control, Local Planning Authorities (LPA’s) are advised to
require applicants to demonstrate:

       a)    the need for the development
       b)    that the development is of an appropriate scale
       c)    that there are no more central sites for the development
       d)    that there are no unacceptable impacts on existing centres
       e)    that locations are accessible

The key local policies relevant to these proposals are Braintree District
Local Plan Review (BDLPR) policies 109A: Retail and Town Centre
Development – The Sequential Approach and 109B: Retail Development.
These respectively state that:

109A
       ‘Proposals for retail and other town centre developments, which
       attract large numbers of people, should be determined on a
       sequential basis by applying the following descending order of
       preference. The need or capacity for development will be taken



                                    12
       into account in deciding whether it should be accommodated at
       successively lower levels in the hierarchy:

       1. Town centre sites, where suitable sites ….are available,
          committed or likely to become available in a reasonable period
          of time.
       2. If development cannot be accommodated within a town centre
          then it should be located on a suitable site on the edge of a
          town centre.
       3. If a development cannot be accommodated on a town centre or
          edge of centre site then it should be located at a district centre.
          If there are no suitable district centre sites, opportunities at
          local centres should be considered.
       4. If development cannot be accommodated on sites in town
          centre, edge of centre locations, district or local centres, and
          there is a demonstrable need for it, out of centre sites
          elsewhere within the urban area may be considered, provided
          they are accessible by a choice of means of transport…..’

109B
       ‘Retail proposals should:

       1. Not individually or cumulatively with other recent and
          committed developments, materially affect the vitality and
          viability of any existing town, district or local centre;
       2. Be accessible by a choice of means of transport;
       3. Not give rise to unacceptable problems of access, road safety
          or traffic congestion;
       4. Provide car parking and servicing facilities in accordance with
          the approach set out in RLP56 …together with facilities for
          non-car users;
       5. Promote high standards of design and not cause unreasonable
          loss of amenity to adjoining land uses;
       6. Not materially prejudice the provision of other major land uses
          particularly the supply of land for employment, housing and
          community uses such as open space.

Either one of the food retail proposals would be capable of taking up
outstanding retail capacity that undoubtedly exists within the Halstead
catchment. Consequently and without prejudice, the Council should not
contemplate granting planning permission for both proposals.
However, the Council’s retail advisors Cushman & Wakefield Healey &
Baker (CWHB) express caution in that it is important to ensure that the
scale of any proposal does not exceed certain parameters, resulting in
unacceptable harm to existing retailers in Halstead town centre. All
matters proving satisfactory, the Council would need to choose one or
the other. It is for this reason that the applications have been reported
together.




                                     13
The Tesco proposal (05/00180/OUT) relates to land currently occupied
by Halstead Town Football Club. Application 05/00179/FUL proposes
relocation of Halstead Town Football Club (HTFC) to an out of town
location. Whilst the HTFC proposal (05/00179/FUL) may be considered
on its own merits, the Tesco proposal nevertheless relies upon it in the
first instance.

The relationship between the three planning applications has been
reflected in the consultation responses that have been received. Third
Parties have written individually on each application, or combined their
response in one letter. Appendix 1 to this report contains a summary of
the representations received on all three proposals.

Each application is the subject of a separate report, which is set out
within the main body of this overview. Members are asked to consider
all of the reports before coming to a decision on any individual
proposal.

RECOMMENDATIONS

It is recommended that the following applications be REFUSED for
reasons broadly set out below and that the Development Director be
authorised to finalise the precise wording of the reasons for refusal.

1)    Application No. 04/2533/FUL - Bayer Site, Colchester Road
      That planning permission be REFUSED for the following reasons:

      1     The proposal, by reason of its scale, design, layout and
            form would create an overdominant and incongruous
            feature with a generally unsatisfactory townscape
            appearance, that would harm the setting of listed buildings,
            including St Andrew’s Church and 1-9 Parsonage Street,
            and which would fail to preserve or enhance the character
            of the Conservation Area. The proposal would conflict with
            Policies CS1, CS2, BE1, HC2, HC3, RLP90, RLP101 and
            RLP109 criterion 5.

      2 The developer has not demonstrated to the satisfaction of the
           Highway Authority that the highway access arrangements,
           parking facilities, traffic generated by the proposed
           development and proposed mitigation works are acceptable
           in terms of highway safety, capacity and accessibility.
           Therefore the application does not comply with the
           requirements of the following policies: T3, T4, T6, T8, T11,
           RLP109B criteria 3&4 and RLP56.

      3     The proposal by reason of its bulk, form and close
            proximity to residential properties is likely to be detrimental
            to the amenity of those properties by reason of
            overdominance, change in outlook and loss of daylight


                                    14
          beyond which the occupiers should reasonably be
          expected to endure. The proposal conflicts with Policies
          RLP109B criterion 5, TCR4 and BE1

     4    The proposal has failed to provide a suitably
          comprehensive analysis of the external symptoms of use.
          The possibility of environmental nuisance, coupled with
          close proximity of disturbance sensitive properties would
          create a demonstrably degraded residential and town
          environment. The tight arrangement within the servicing
          yard and the logistics of its use provide a catalogue of
          potentially unacceptable issues on which the Council has
          not been satisfied. In this regard the proposal would
          conflict with Policies TCR4, BE1, BE6, RLP61 and RLP109B
          criteria 3 & 5.

2)   Application No. 05/0179/FUL - Sudbury Road/StarStile
     That planning permission be REFUSED for the following reasons:

     The proposal constitutes inappropriate development in the
     countryside contrary to policies RLP61, RLP64, RLP73A, RLP74,
     RLP75, RLP76, RLP128 & RLP134 of the Review Local Plan and
     Policies CS1, CS2, CS5, C5, NR1, NR4, NR9, BE6, LRT1 and T3 of
     the Essex and Southend-on-Sea Replacement Structure Plan. In
     particular:-

     1    The application site is in an elevated located within a
          Special Landscape Area where the importance of the
          landscape is recognised over and above the normal
          traditional quality of the Essex countryside. The loss of
          existing landscape character and component features
          including trees and hedges within the visibility splays,
          combined with the large size of the proposed buildings and
          associated structures would create an obtrusive         and
          unduly urban incidence in the rural scene, to the detriment
          of landscape character and the visual quality of the area.
          Harm would also be caused by the appearance of the
          proposed floodlighting masts during daylight. The night-
          time appearance of the proposed floodlit areas would
          create a new character to this substantially dark area,
          which would harm the rural character of the locality
          generally and be detrimental to landscape views from
          scattered residential properties and in the wider landscape.
          The landscape character of the site would be further eroded
          through the construction of earth banks and other means of
          enclosure, creating alien and obtrusive landscape
          elements. The proximity of such works to a Protected Lane
          would be prejudicial to its character and contrary to RLP86
          and NR5.



                                15
2   The proposal is in a less accessible location than the
    existing home ground in a countryside situation. The
    application has not demonstrated a compelling need for the
    club to relocate or robust sequential analysis. The
    proposal would be contrary to basic accessibility
    principles, which, by a combination of remoteness and
    inaccessibility would result in repetitive car journeys from
    the urban areas out into the countryside and back again.
    Notwithstanding the allocated use of part of the site, the
    intensification of the use of the site, arising from the new
    indoor facilities and made possible through floodlighting,
    would create and endorse unsustainable patterns of travel
    in conflict with above policies, notably LRT1 and RLP128.

3   The proposal would lead to the creation of a new junction
    on a stretch of classified highway where the principal
    function is that of carrying traffic freely and safely between
    centres of population. The slowing and turning of vehicles
    associated with the use of the junction would lead to
    conflict and interference with the passage of through
    vehicles to the detriment of that principle function and
    introduce a further point of possible traffic conflict, being
    detrimental to highway safety.

    Furthermore, the applicant has not demonstrated to the
    satisfaction of the Highway Authority that the highway
    access arrangements, traffic generated by the proposed
    development and proposed mitigation works are acceptable
    in terms of highway safety, capacity and accessibility.
    Therefore the application does not comply with the
    requirements of the following policies T3, T4, T6, T7, T8,
    T11 and RLP52, RLP54 and RLP55.

4   The applicant has not provided a sufficiently robust
    assessment of the ecological interest of the site to properly
    inform decision making. In the absence of such assessment
    the proposal may be prejudicial to protected species, trees
    or habitats, contrary to NR6, NR9, RLP75 & RLP78

5   The proposal fails to make proper provision for the
    handling of surface water. The proposal could therefore
    lead to a greater likelihood of inundation of land, persons or
    property and instances of localised flooding contrary to
    RLP65B and NR12. Ditch works associated with flood
    alleviation may have an adverse landscape impact in
    conjunction with reason 1 above.

6   The proposal fails to take account of a public footpath
    which crosses the site. The development would be
    detrimental to the character and amenity of the footpath


                           16
          and would conflict with the convenient and pleasant use of
          this countryside right of way contrary to LRT5 and RLP48.

3)   Application No. 05/0180/OUT – Halstead Town Football Ground,
     Rosemary Lane, Halstead
     That planning permission be REFUSED for the following reasons:

     1    Quantitative need has not been demonstrated and a
          proposal of this scale is likely to harm the vitality and
          viability of Halstead Town Centre. This would be contrary to
          Policies CS1, CS4, TCR4 and RLP109B criterion 1.

     2    The developer has not demonstrated to the satisfaction of
          the Highway Authority that the highway access
          arrangements, traffic generated by the proposed
          development and proposed mitigation works are acceptable
          in terms of highway safety, capacity and accessibility.
          Therefore the application does not comply with the
          requirements of the following policies: T3, T4, T6, T8, T11,
          RLP52, RLP54, RLP55 and RLP109B criteria 3&4.

     3    The proposal has failed to provide a suitably
          comprehensive analysis of the external symptoms of use.
          The possibility of environmental nuisance, coupled with
          close proximity of disturbance sensitive properties would
          create a demonstrably degraded residential and town
          environment. The layout and use of the site is likely to
          cause harm to residential and local amenity through
          increased traffic and unmitigated functional activities. The
          proposal would conflict with Policies TCR4, BE1, BE6,
          RLP61 and RLP109B criteria 3 & 5.

     4    The proposal would result in the unacceptable loss of land
          allocated for employment uses contrary to Policies BIW4
          and RLP34.

     5    In the absence of a suitable replacement, the proposal
          would result in the unacceptable loss of a site allocated for
          formal recreation, in conflict with BE4 and RLP135.




                                 17
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AGENDA ITEM NO 7
                        PART A

                        APPLICATION NO :                                                                                                                                                                                04/02533/FUL                                                                                                                                                                                         DATE VALID :                                                                                                                                                                  21.12.04

                        APPLICANT :                                                                                                                                                                                     E Hobbs (Farms) Ltd
                                                                                                                                                                                                                        Earls Colne Colchester Essex CO6 2WS

                        AGENT :                                                                                                                                                                                         Woods Hardwick Ltd
                                                                                                                                                                                                                        17 Goldington Road Bedford MK40 3NH

                        DESCRIPTION :                                                                                                                                                                                   Demolition of existing Bayer building and old library and
                                                                                                                                                                                                                        erection of new retail food store and associated two
                                                                                                                                                                                                                        storey car park with service yard and gatehouses

                        LOCATION :                                                                                                                                                                                      Bayer Site Colchester Road Halstead Essex CO9 2DX




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ce
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                                          04/2533/FUL                                                                                                                                                                                                                                                                           TL 8229                                                                                                                                         Grid Ref: (E) 582532 (N) 229985




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                        SITE HISTORY

                        None relevant

                        POLICY CONSIDERATIONS

                        Essex and Southend-on-Sea Replacement Structure Plan

                        CS1                                                                                                Achieving Sustainable Urban Regeneration



                                                                                                                                                                                                                                                                                                                                                18
CS2          Protecting the Natural and Built Environment
CS4          Sustainable New Development
TCR1         Strategic Hierarchy of Urban Centres
TCR2         Retail and Town Centre Development – the Sequential
             Approach
TCR3         Town Centres
TCR4         Retail Development
BIW4         Safeguarding Employment Land
BE1          Urban Intensification
BE4          Sports Grounds and Playing Fields
BE6          Polluting, Hazardous or Noisy Development
T3           Promoting Accessibility
T4           Passenger Transport
T6           Walking and Cycling
T8           Improvements to the Primary Route Network
T11          Traffic Management
HC2          Conservation Areas
HC3          Protection of Listed Buildings
HC6          Archaeological Assessment

Braintree District Local Plan

The policies of the Braintree District Local Plan, 1995 have effectively
been superseded by the advanced stage to adoption of the Braintree
District Local Plan Review (BDLPR). The relevant up to date local
policies are contained in the BDLPR.

Braintree District Local Plan Review

The site is shown without notation in the Review Local Plan. The
western part of the site is within the area defined as the Town Centre on
the Halstead Town Centre Inset Map and the site adjoins the
Conservation Area.

RLP37        Industrial and Environmental Standards
RLP48        Pedestrian Networks
RLP49        Cycleways
RLP52        Generators of Travel Demand
RLP54        Transport Assessments
RLP55        Travel Plans
RLP56        Vehicle Parking
RLP61        Development likely to give rise to Pollution or the Risk of
             Pollution
RLP66        Sustainable Urban Drainage
RLP90        Layout and Design of Development
RLP95        Preservation and Enhancement of Conservation Areas
RLP109A      Retail and Town Centre Development – The Sequential
             Approach
RLP109B      Retail Development
RLP101       Alterations and Extensions and Changes of Use to



                                    19
             Buildings of
             Architectural, Historical or Heritage Importance and their
             Settings
RLP110       Town Centre Uses

Government Policy

PPS1         Delivering Sustainable Development
PPS6         Planning for Town Centres, 2005
PPG13        Transport, 2001
PPG15        Planning and the Historic Environment, 1994

REPORT

Site Description

The application site is located on Colchester Road adjacent to St
Andrew’s Church, a Grade I Listed Building. The site runs through to
Parsonage Street where it has a frontage of about 33.5m. The
Colchester Road frontage is broken by No.8 Colchester Road, a Chinese
Takeaway called ‘Jubilee’. The site adjoins the Woodman Public House
to the east and residential properties in Parsonage Street to the south.
These include a short terrace of listed cottages (1-9 Parsonage Street)
and a combination of single and two-storey residential properties to the
southeast.

The site contains the ‘Bayer Building’ an extensive flat roofed two-
storey building last used for offices and laboratory uses in connection
with the pharmaceutical industry. These premises are now vacant. The
Bayer Building runs from Colchester Road through to Parsonage Street
adjacent to the churchyard. The ‘old library’, also a flat roofed building
and situated behind Jubilee is included within the application site. The
site is otherwise laid out as an extensive car park.

The site slopes significantly from Colchester Road down towards
Parsonage Street. Consequently, the car park to the Woodman Public
House sits on a raised terrace. This gradient is reflected across the
boundary with the southeastern dwellings.

The Proposals

The proposals constitutes a comprehensive redevelopment of the site,
demolishing all existing buildings and replacing with a retail foodstore
with an accompanying two level car park of 128 spaces, new pedestrian
and vehicular access, highway improvements to Colchester Road and
other associated works.

The proposed layout of the site would position a two-level carpark to the
west side of the site i.e. adjoining the churchyard and partly behind 1-9
Parsonage Street. The proposed carpark would also run across the



                                    20
Parsonage Street frontage though set behind a tall roofed canopy
feature. The eastern extent of the car park would be immediately behind
Jubilee Chinese Foods and running southwards in a straight line back to
Parsonage Street.

A 5m wide landscape buffer strip is proposed between the car park edge
and St Andrew’s churchyard.

Access to the car park would be via a new mini-roundabout formed on
Colchester Road. A second, mini-roundabout would be formed just
inside the site to distribute customer traffic internally to the two levels.
Access to Parsonage Street would be pedestrian only via steps or a
ramped walkway.

The proposed service yard would be positioned in the area to the east of
Jubilee Chinese Foods up to the boundary with the Woodman Public
House. The service yard would be provided with a separate
electronically operated gated vehicular access onto Colchester Road.
Two small octagonal buildings would be positioned either side of the
gate serving as a security office and store respectively.

The main building would be positioned to the south and east of Jubilee
i.e. on the eastern side of the site between The Woodman Public
House/proposed service yard to the north and the rear of Parsonage
Street properties to the south.

The building is quite complex to understand, particularly in its
relationship to ground levels. Essentially, the sales area would be
contained within a lower ground floor i.e. below the level of the service
yard. The upper ground level would contain a non-sales area, and
service lifts. A large octagonal (or ‘rotunda’) entrance lobby feature
building would provide access to the sales floor between the car-park
levels.

The building would basically comprise one large entity. It has been
broken down architecturally to give some degree of articulation as in the
form of large bay divisions, and apparently loosely informed by the
functional tradition of 19th Century industrial architecture. There is
architectural integrity between the apparent volumes so formed through
the use of brickwork corbel detail, brick piers, archway features and
‘look-a-like’ glazed panels. External materials indicate mainly facing
brickwork with some render, slate roofs, and glazing panels.

The building has been designed with a principal elevation, which would
directly address the car park.

Other specialist documents including an agent’s Supporting Statement;
Architectural Design Statement, a Retail Impact Assessment, a Traffic
Assessment Report, December 2004; and an Environmental Noise
Assessment April 2005 support the planning application. The matters


                                     21
raised by these documents and the response of statutory consultees are
referred to in the following section and commented upon later in this
report.

The applicant’s retail assessment concludes that the proposal would
provide a step change in the quality of convenience floorspace
addressing recognised deficiencies; there is a quantitative need based
upon recognised outflow of spending; the scale of the proposal is not
so great as to unacceptably divert trade from any shopping floorspace
of acknowledged importance; sequentially there is potentially one other
site (land east of Halstead High Street) which was not considered
suitable, viable or likely to become available; the proposal would
significantly enhance the vitality and viability of Halstead

CONSULTATIONS

English Heritage – The opportunity exists to bind this site back into the
townscape and in doing so improve the setting of both the church and
the conservation area, but it is not an opportunity that the applicant’s
have taken. Medieval churches form one of the glories of English
architecture and very often they are the masterpieces of the best
historic townscapes. Unfortunately, the setting of all too many
churches has been ruined by misguided development even in recent
years. No one could seriously maintain that a car park would form an
attractive setting for such a church. When open spaces contribute to the
character and beauty of historic towns they are usually well formed and
framed. The design is crude and incoherent. The elevations lack
subtlety and depth. What is proposed seems to be a commercial
development conceived with no sense of place. The effect of the
proposed development on the setting of the church and on that of the
conservation area would be very damaging. Recommend refusal.

Essex County Council, Conservation Officer – The church and
churchyard; the densely packed historic buildings in Parsonage Street;
the High Street and the larger historic buildings nearby in Colchester
Road all form an important group. The churchyard is an important
green space in town which will be overlooked by a sea of cars on the
upper level of the car park. The open nature of the car park is not an
appropriate setting for the listed buildings. Although the materials and
building forms are conventional, it reveals the scale of the development
to be overwhelming, totally out of proportion with the listed and other
buildings in the conservation area. A development of this sort is quite
unsuitable in the densely built up historic town centre adjacent to the
parish church. It would not preserve or enhance the conservation area
(RLP95) and would affect the setting of many listed buildings (RLP101).
Recommend refusal.

The Friends Meeting House (Old Library) should be recorded prior to
any demolition. The Quakers have criteria relating to the need for
exhumation and reburial in the graveyard area.



                                   22
Essex County Council, Archaeology – The location of the site suggest
medieval, post-medieval, and possibly Saxon deposits survive below
ground and will be disturbed or destroyed by the proposed
development. Full condition recommended for a programme of
archaeological works in accordance with a written scheme of
investigation to be submitted to and approved by the LPA.

Georgian Group – While the Group acknowledge that there are currently
structures on the site which do not make a positive contribution to the
Conservation Area, we have serious concerns about the massing and
design of the proposed retail food store and therefore the impact that
the new building would have on the appearance and character of the
Conservation Area. Furthermore we consider that the nature of the new
building would have a detrimental impact on the setting of the adjacent
listed buildings. The building would be highly visible in views along
Colchester Road and Parsonage Road. The massing, design and
materials of the proposed retail food store do not reflect or enhance the
character of the Conservation Area. The listed building (1 – 9 Parsonage
Road) and the Group consider that the scale, design and materials of the
new build would dominate the setting of the adjacent historic buildings
to the detriment of their special values.

Essex County Council, Highways – recommends that permission be
refused for the following reasons:

The developer has not demonstrated to the satisfaction of the Highway
Authority that the highway access arrangements, traffic generated by
the proposed development and proposed mitigation works are
acceptable in terms of highway safety, capacity and accessibility.

Therefore the application does not comply with the requirements of the
following County Council policies:

Safety                         Structure Plan Policy T11
Efficiency/capacity            Structure Plan Policy T8
Accessibility                  Structure Plan Policy T3, T4 and T6

Summary of the current issues regarding the above planning
application:

Access from public highway into the application site. Limited width of
Colchester Road raises issues that could compromise the safe
operation of a mini roundabout junction. Subject to a speed survey
visibility may be compromised by Jubilee Chinese Foods and there is
concern that the limited holding space between Colchester Road and
the internal mini roundabout could interfere with traffic on Colchester
Road. Furthermore vehicular accesses on the northern side of
Colchester Road would interfere with the mini roundabout and zebra
crossing as would deliveries to Jubilee Chinese Foods.




                                   23
Footway provision in the vicinity of the site is poor. The safe location of
a zebra crossing is questioned due to the location of vehicle accesses
and bus stop, forward visibility on Colchester Road and the operation of
the mini roundabout.

The servicing arrangements are of concern. The swept path of exiting
delivery vehicles passes over the centreline of Colchester Road into the
opposing carriageway. There is limited room for manoeuvre within the
service yard which could result in vehicles attempting to reverse into
Colchester Road particularly in the event that two vehicles are trying to
use the service yard.

Transport Assessment. Further work required to assess the traffic
generated by the proposal and necessary mitigation.

Car Parking falls short of maximum parking standards. If there is a
shortage of car parking and a high demand for spaces it would not take
long for car queuing internally to affect the operation of Colchester
Road. Further investigation of this is required.

Essex County Council, Trading Standards – This authority no longer
licences multi storey or underground car parks and have no
observations regarding the application. For information there is a
decommissioned below ground 600-gallon petrol tank on the premises.
It was taken out of use in 1986 and filled solid with cement/sand slurry
on 28 January 1987 – plan attached.

Local Plans – The site is partly within and partly adjacent to the area
defined as the town centre in the Review Local Plan. The site is
therefore compliant with the sequential approach as set out in Policy
RLP109A. Cushman & Wakefield Healey & Baker (CWHB) advise that
need has been demonstrated and that it is unlikely to harm the vitality
and viability of Halstead Town Centre as a whole. The proposal
therefore meets Criterion 1 of RLP109B. The advice from ECC on
highways issues means that the proposal does not meet criteria 3 and 4
of RLP109B. The advice from ECC and English Heritage means that the
proposal does not meet criterion 5 of RLP109B. Furthermore the
proposal is likely to impact on the residential amenity of adjacent
residential properties particularly in Parsonage Street contrary to
Criterion 5 of RLP 109B and Policy BE1.

Refusal of the application is therefore recommended on highways,
conservation and residential amenity grounds contrary to criteria 3,4
and 5 of RLP109B and policies HC2, RLP95, BE1 and RLP90.

Local Plans, Trees - make the following observations:

There are no existing landscape features within the development of any
consequence.




                                    24
I consider it highly unlikely that any wildlife interest exists within the site
boundaries.
The proposal will have no adverse effect on any vegetation adjacent to
the site boundaries.
There is little scope for meaningful soft landscaping within the site,
although the applicant has identified the need for sympathetic treatment
to the boundary within St. Andrew’s Chelmsford.
I am concerned that the scale of the building would appear to be out of
keeping with the area, in terms of its height and dominance over
surrounding buildings. There is virtually no opportunity for planting to
ameliorate this impact.

Environmental Services – Recommend refusal. The applicant has failed
to provide sufficient evidence that full consideration of the
environmental impact of the development has taken place. The
Environmental Noise Assessment, April 2005 is a good start but does
not identify the five measurement locations or methodology as to why
they were chosen. There is no evidence of the following having been
considered: movements of roll pallets/cages; noise from fans/vents;
HGV idling noise engine and airbrakes; scissor lifts and delivery
processes; reversing alarms; mechanical compactors/bailers; skip
changing or waste disposal contractors. Assumptions are made in
relation to the effects of screening and attenuation . Unknown plant is
to be installed with a suggestion that boundary noise levels should be
imposed. These are notoriously difficult to police. No mention is made
of servicing hours.

Vehicle movement is likely to include some reversing into the yard
crossing a pedestrian walkway. The tracking plan indicates that
deliveries rely upon a completely free yard. The yard is however
constrained and could be further constrained for example by bin stores,
empty trolleys awaiting collection, and the introduction of a home
delivery service, necessitating more, smaller vehicles. The proposals
rely upon one delivery at a time, which is highly unlikely and incapable
of reasonable control. Waiting lorries would be parked in Colchester
Road.

REPRESENTATIONS

See Appendix 1 to Overview Report

DISCUSSION

1     Location

      The site lies partly within the ‘town centre’ as defined in the
      Halstead Town Centre proposals map, and partly outside. Table 2
      in Annex A to PPS6 defines the various sequential locations. For
      retail purposes, the ‘centre’ constitutes the primary shopping area
      which in this case lies to the west of St. Andrew’s Church.



                                      25
    The application site is therefore in an ‘edge-of-centre’ locations.
    These are defined for retail purposes as being well connected to
    and within easy walking distance (i.e. up to 300m) of the primary
    shopping area.

    Within a primary shopping area, it is not necessary to
    demonstrate need. Given the edge of centre location, need must
    be demonstrated in this case.

2   Retail Impact

    The applicants have been in consultation with the Council’s
    specialist retail advisors CWHB particularly in establishing the
    parameters and assumptions used to inform the retail analysis.
    CWHB are satisfied in this case that need has been demonstrated
    and that a proposal of this scale is unlikely to harm the vitality
    and viability of Halstead Town Centre as a whole whilst delivering
    necessary qualitative improvements.

    Sequentially, there do not appear to be any superior sites. The
    proposal would therefore be acceptable in principle having regard
    to PPS6, RLP109A & RLP109B criteria 1. RLP109B echoes
    structure plan policy TCR4

    Given its town centre location (i.e. as distinct from its edge of
    primary shopping area location) and main road position, the site
    must be regarded as being accessible by a variety of transport
    modes including foot, cycle bus, taxi and car. The proposal
    therefore complies with PPS6, and RLP109B criterion 2.

3   Design

    It is from this point onwards that the proposal fails on a number of
    detailed points. Primarily, these problems arise through a series
    of site constraints, which provide technical access difficulties and
    which impose an unusually high design ideal not least of all in
    how to deal with the slope.

    The site is located within an area of extreme historic importance
    both in relation to a number of listed buildings, of which St
    Andrew’s Church is but one and to the character of the
    Conservation Area. The Conservation Area recognises the group
    value of the listed buildings and the quality of the spaces between
    them, in addition to their individual national importance.

    The building does not attempt to emulate or replicate the scale,
    form or character of any buildings or group of buildings, which
    could be said to contribute to the defining characteristics of the
    surrounding area. There is no intimacy in the proposed


                                  26
      townscapes either within the development or where it would meet
      and be seen with existing buildings. The proposal would be
      devoid of any realist sense of place. These matters are expressed
      in the various conservation based consultation responses. The
      proposal would conflict with RLP109B criterion 5, TCR4, CS1,
      CS2, BE1, HC2, HC3, RLP90, 95 and 101.

      The relationship of the proposed building and car park structures
      to the residential properties in Parsonage Street is very poor
      indeed. Parts of the building are within 2m of the curtilage to a
      bungalow (no.1a) which is set slightly lower and with only a 6m
      deep garden. This is one of many such relationships on the south
      side, which would have an unacceptably overbearing impact on
      the amenity of those properties. The combination of bulk and
      proximity obviate any possibility of satisfactory minor
      amendments. In this regard the proposal would conflict with
      RLP109B criterion 5, and BE1

4     Local Amenity

      Environmental services have identified a comprehensive number
      of omissions in the applicant’s analysis of external symptoms of
      use. The possibility of environmental nuisance, coupled with
      close proximity of disturbance sensitive properties would create
      the possibility of a demonstrably degraded residential and town
      environment. Whilst some of these matters may be controlled by
      condition, the base data for reaching that conclusion has not
      been satisfactorily established. The tight arrangement within the
      servicing yard and the logistics of its use provide a catalogue of
      potentially unacceptable issues on which Council officers have
      not been satisfied. In this regard the proposal would conflict with
      RLP109B criteria 3 & 5.

5     Highways

      The applicant’s have failed to reach agreement with the Local
      Highway Authority despite ongoing consultations on highway
      matters. The outstanding points are summarised in the
      consultation response from Essex County Council who
      recommend refusal with reference to policies T3, T4, T6, T8 & T11.
      The reasons for refusal are based on both fundamental highway
      strategy and detailed design reasons. The proposal would
      conflict with RLP 109B criterion 3.

SUMMARY

Need has been demonstrated and a proposal of this scale is unlikely to
harm the vitality and viability of Halstead Town Centre as a whole whilst
delivering necessary qualitative improvements. There are no
sequentially superior sites. The site is considered to be accessible.


                                   27
However, the proposal is not responsive to its sensitive environment
and fails to reflect or respect its historic location. The design and scale
of the building would unduly dominate its surroundings and result in a
number of detailed symptoms of harm relating to character, setting,
residential amenity, the efficient and amenable use of the site, highway
strategy, highway safety and highway capacity.


RECOMMENDATION (1) set out in Overview Report




                                  _________________________
______________________________________________________________




                                    28
 PART A

 APPLICATION NO :                                                                                                                                                                                                                                                                                                          05/00179/FUL                                                                                                                                                                                                                                                                                                                                                                                DATE VALID :                                                                                  01.02.05

 APPLICANT :                                                                                                                                                                                                                                                                                                               Halstead Town Football Club
                                                                                                                                                                                                                                                                                                                           C/o Agent

 AGENT :                                                                                                                                                                                                                                                                                                                   Martin Robeson Planning Practice
                                                                                                                                                                                                                                                                                                                           Robert Posselt 21 Buckingham Street London WC2N 6EF

 DESCRIPTION :                                                                                                                                                                                                                                                                                                             Construction of main football pitch, 2 no. practice
                                                                                                                                                                                                                                                                                                                           pitches, kids pitch, associated club house and pavilion,
                                                                                                                                                                                                                                                                                                                           car parking, access and flood lighting for the proposed
                                                                                                                                                                                                                                                                                                                           relocation of Halstead Town Football Club

 LOCATION :                                                                                                                                                                                                                                                                                                                Land Adjacent The Cricket Ground Star Stile/Sudbury
                                                                                                                                                                                                                                                                                                                           Road Greenstead Green Halstead Essex C09 2RP

                             05/179/FUL                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TL 8231                                                                                                                                                                                                                                Grid Ref: (E) 582183 (N) 231699
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       A 11
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 SITE HISTORY

 None

 POLICY CONSIDERATIONS

 Essex and Southend-on-Sea Replacement Structure Plan




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            29
CS1          Achieving Sustainable Urban Regeneration
CS2          Protecting the Environment
CS4          Sustainable New Development
CS5          Sustainable Transport
HC3          Protection of Listed Buildings
LRT1         Sports/Leisure Uses and Major Sports Stadia
LRT5         Public Rights of Way
T3           Promoting Accessibility
T4           Passenger Transport
T6           Walking and Cycling
T7           Road Hierarchy
T8           Improvements to the Primary Route Network
T11          Traffic Management
C5           Rural Areas not in Green Belt
NR1          Landscape Conservation
NR4          Landscape Character
NR5          Historic Landscape Features
NR6          Nature Conservation Sites
NR9          Woodland and Tree Cover
NR12         Protecting Water Resources
BE6          Polluting, Hazardous or Noisy Development

Braintree District Local Plan

The policies of the Braintree District Local Plan, 1995 have effectively
been superseded by the advanced stage to adoption of the Braintree
District Local Plan Review (BDLPR). The relevant up to date local
policies are contained in the BDLPR.

Braintree District Local Plan Review

RLP48        Pedestrian Networks
RLP49        Cycleways
RLP52        Generators of Travel Demand
RLP54        Transport Assessments
RLP55        Travel Plans
RLP61        Development Likely to Give rise to Pollution or the Risk of
             Pollution
RLP64        External Lighting
RLP65        Flood Risk in Undeveloped Areas
RLP73A       Countryside
RLP74        Special Landscape Areas
RLP75        Landscape Features and Habitats
RLP76        Trees, Woodlands, Grassland and Hedgerows
RLP78        Local Nature Reserves, Wildlife Sites, Sites of Local Nature
             Conservation importance and Regionally Important
             Geological/Geomorphological Sites
RLP86        Protected Lanes
RLP101       Protection of Historic Buildings and Their Settings
RLP128       Sports and Leisure Facilities


                                    30
RLP134       Floodlighting of Sports Facilities

Part of the site is allocated for Formal Recreation to which the following
policies apply
RLP135        Formal Recreation Policy
RLP136        Open Space Standards

Government Policy

PPS1         Delivering Sustainable Development
PPS7         Sustainable Development in Rural Areas, 2004
PPG9         Nature Conservation, 1994
PPG13        Transport, 2001
PPG15        Planning and the Historic Environment, 1994
PPG17        Planning for Open Space, Sport and Recreation, 2002

REPORT

Site Description

The application site is located in the open countryside about 150m north
of the urban edge of Halstead. The site adjoins Halstead Cricket Club
ground to the north-west. The site has a frontage of about 78m to a local
road known as Star Stile to the north. Star Stile is a Protected Lane and
takes its name from a Grade II listed building ‘Star Stile’ which is located
within extensive grounds to the north of the application site.

The site has a frontage to Sudbury Road of about 40m. The application
site, as defined by a red line, has recently been amended to include land
to accommodate visibility splays. In total the site area extends to 5.03
hectares.

The site is currently grassland with a number of mature trees, mainly
oak, giving it a parkland character. The external boundaries are mainly,
but not exclusively, defined by hedgerows. Some of the eastern
boundary appears arbitrary, i.e. not following any obvious physical
feature.

The site is in an elevated position, generally flat but with significant
localised variations and falling away towards the eastern end.

The A131 Sudbury Road is unlit. A 30mph speed limit has recently been
extended from Halstead to within a short distance of the southern edge
of the site frontage. From this point northwards, the national speed limit
of 60mph applies. There are no parking, or other restrictions in the
vicinity of the proposed access point.

A public footpath runs from Star Stile southwards across the application
site currently bisecting an area proposed for one of the practice pitches.



                                     31
Background

These matters are set out in a document accompanying the application
entitled Sports and Recreation Considerations, January 2005. The
matters are further summarised in an overview report by Littman &
Robeson, January 2005. Paraphrased extracts are as follows:

HTFC was founded in 1879 and moved to its current home in Rosemary
Lane in 1948. The ground has a capacity of 2000 spectators. It has one
floodlit enclosed pitch with changing facilities, clubhouse, spectator
accommodation and parking.

The 1st team currently plays in the Ridgeons Premier League and
normally attracts crowds of around 150-200 people for home matches.
The current ground is suitable for this level of play but ‘does not offer
the potential to expand opportunities for new football players’.

The reserve team plays in the Essex and Suffolk Border League. The
Club also runs junior and youth teams including 9 mini-soccer teams
(under 8s to under 10s) and 1 full sided team for each age group from
under 11 to under 18s (excluding under 17s). This equates to a playing
membership in excess of 200.

The single pitch venue cannot accommodate all the Club’s training and
individual team match requirements. Reliance is therefore placed upon
other venues including Courtalds Playing Fields; Bocking Playing Fields
and Halstead Cricket Club.

It is stated that ‘This dependency on a number of sites leads not only to
organizational and practical difficulties, but also diffuses the unity of the
Club and makes it difficult to develop and maintain a sense of cohesion
amongst the members and players. The availability of a larger single
venue to meet the playing needs of all members and serve as a unifying
focal point would therefore overcome these problems’.

The applicants have conducted the following consultation exercises

Public Exhibition

The public exhibition was open to the public from 12-6pm on Thursday
24th February, 12-7pm on Friday 25th February and between 10am and
1pm on Saturday 26th February. It was advertised up to a week prior to it
taking place. This included an advert in the Halstead Gazette, A4
advertising leaflets were also placed in public locations around the
town.

The exhibition took place at the existing Halstead Town Football Club
ground. The exhibition was manned at all times. Feedback forms and
information leaflets were made available to those interested in providing
feedback or requiring further information. Visitors were able to verbally


                                     32
express their views/concerns/support for the proposals and in writing.
Approximately 200 people came to the exhibition over the course of the
3 days. In addition, 165 feedback forms were received.

Presentation to Halstead Town Council

A 15 minute presentation was made to a scheduled Halstead Town
Council meeting on the evening of 24th February 2005 followed by
approximately 45 minutes during which any attendees were able to ask
Town Councillors questions about the proposals. These questions
could subsequently be passed onto those in attendance representing
Tesco and answers provided.

Presentation to the Chamber of Commerce

A presentation was made on the 1st March 2005 to the Halstead Chamber
of Trade and Commerce. This meeting was open to members only and
also provided the opportunity for questions to be asked of those
presenting.

OUTCOMES

Approximately 60% of the people attending the public exhibition were
supportive of the proposals. A greater number of people attending the
exhibition were interested in the foodstore proposal as opposed to the
replacement football ground facilities. Over 95% of the feedback forms
represented support for the foodstore facilities and football ground
facilities.

Summary of comments returned on the feedback forms:
Concern for the impact of traffic on Butler Road and loss of car parking;
current food provision in the town is adequate; hours of operation and
delivery times; need a good supermarket in Halstead that offers choice,
value and competition which Tesco delivers; currently travel elsewhere.
Tesco proposal will prevent the need to go to Colchester, Braintree and
Sudbury; those less mobile will find it much easier, don’t need to go
elsewhere or be faced with a limited choice; will generate new jobs;

The Proposals

The range of facilities are summarised in the description of
development.

The access point would be sited on Sudbury Road, with radius kerbs
and visibility splays in both directions. The access point would be
provided with a ghosted right turn lane for traffic travelling from the
direction of Halstead. This would require localised widening of the
carriageway using, it is assumed, space currently contained within the
roadside verges.



                                   33
An adoptable footpath would be provided along the east side of Sudbury
Road to give pedestrian access from Halstead to the site. The access
road would be 6m wide and about 340m long, terminating in an area for
the parking of 100 cars and with a bus turning and service area.

The ‘club-house’ would be sited between the carpark and main pitch. It
would provide about 804 sq.m. (8654 sq.ft) gross floor space including
four team dressing rooms, three officials dressing rooms, disabled
changing facilities, laundry, store(s), various WC facilities, manager’s
office, medical room, meeting room, members lounge, function room,
cellar, bar, two kitchens, cloakroom and covered walkway. The function
room and members lounge would open out to provide a combined
indoor facility of about 260 sq.m. (2800 sq.ft.)

The clubhouse would be of modern design. It would be of single storey
appearance albeit 5.9m to the highest part of the roof; a linear building
comprising a combination of flat roofed and asymmetric mono-pitch
roof elements with clerestory window lights.

The roof would be covered in a ‘standing seam aluminium roofing
system’ with colours not specified. The external walls would be a
combination of yellow face brickwork and horizontal Douglas fir
cladding. The application is slightly ambiguous on the use of materials
in that the submitted plans appear to be fairly explicit whereas the
application forms (Q.7) erroneously refer to the proposal being an
‘outline application’ where clearly it is not. In the event of planning
permission being granted this matter could be easily remedied through
the appropriate use of a planning condition requiring external material
samples and colours to be submitted for written approval.

The proposed stand and associated spectator toilet block would be
positioned at right angles to the club-house on the east side of the main
pitch. The stand would align with the centre line of the pitch. The stand
would accommodate 350 seated spectators with additional space for
wheel chair users equivalent to 9 fixed seats.

The stand would be 29.5m x 6.1m with a rising terrace of seven rows.
The terrace would be faced with brickwork to match the club-house and
covered with a mono-pitch sheet metal roof supported on purpose built
steel frames. The roof would be open where facing the pitch and to each
of the ends, but with the back enclosed. The highest part of the roof
would be 6.1m above ground level.

The overall appearance of the stand would be fairly typical for a
functional building of this kind.

The spectator toilet block would be a flat roofed building of about 94
sq.m. finished in yellow face brickwork.




                                    34
The club-house, stand and spectator toilet block have all been
comprehensively designed to be of the same family.

The turnstile access and groundsman’s shed are not detailed in the
application submissions.

The main pitch, two training pitches and kids pitch, would fully occupy
the remainder of the application site, leaving only relatively small
unused areas, mainly triangular in shape between the pitch edges and
site boundary. The submitted plans do not detail how the proposed
pitches will respond to the differences in level and only indicative
mounding is shown at some of the pitch edges. Given the localised
change in levels and potential landscape implications, it is considered,
without prejudice, that these matters should be fully detailed before
planning permission is granted.

Landscaping proposals are contained in a series of Plans ASP3 to
ASP6a-e contained in a Landscape Supporting Statement, January 2005.
They indicate removal of ten of the mature parkland trees and
supplementary planting of trees and hedgerows primarily in peripheral
locations. As with the pitch layout there is some indicative mounding
and annotations related to landscaping which say ‘heavily landscaped
mound to screen site’ and ‘possible banking and/or retaining walls
required to suit levels’. The latter of these would be partly adjacent to a
Protected Lane. Such matters would need to be the subject of detailed
consideration if the landscape implications are to be fully understood
and then capable of mitigation.

A ‘native hedge’ is indicated around the main pitch. The plans do not
indicate whether this is instead of or in addition to a solid means of
enclosure to the pitch. It is however a Premier Division Ground
Standard to provide ‘non see through walls and/or fencing’ around the
pitch.

The site layout plan does not indicate the position of the proposed
floodlighting columns. The information is presented as Appendices 8a
& 8b to the Landscape Supporting Statement in relation to illumination
levels. It is understood from these plans that eight 15m high
floodlighting columns are proposed around the main pitch. There are
no elevations of the proposed columns or lampheads. There does not
appear to be any lower level illumination proposed to the training
pitches.

It is typically the case that with the right choice of luminaire, careful
fixing of the lamp aim angle, and where necessary, the addition of
louvres, shields and cowls, the incidence of light spill and pollution
beyond the playing surface can be minimised. Ongoing management of
these factors is normally recommended and timer controls can be
installed to limit the hours of use in the late evening.



                                    35
The planning application is supported by other specialist documents
including a Transport Assessment, January 2005, a Flood Risk
Assessment, December 2004 and an Ecological Statement, January
2005. The matters raised by these documents and the response of
statutory consultees are referred to in the following section and
commented upon later in the report.

CONSULTATIONS

Environmental Services – has no objection. Recommends that pitches,
including floodlights shall not be used between 22:00 hrs and 9:00 hrs
the following day. Function room and Bar Restaurant should be
constructed to provide specified sound attenuation. Hours of use
should be restricted to between 9:00 – 22:00 Monday to Friday, Saturday
08:00 – midnight and Sunday 9:00 – 23:00.

Local Plans – The site is in the countryside outside of the town
development boundary for Halstead which is designated as special
landscape area. The development of the football club in this location as
proposed in the application will involve the construction of substantial
structures including a clubhouse, spectator stand, floodlighting and
fencing. These would be damaging the character and appearance of the
countryside contrary to policies C5, RLP73A and RLP74. Although part
of the site is allocated for formal recreation this was intended for sports
fields and pitches without substantial buildings which would be
compatible with the countryside policies. The applicant has not
demonstrated that there is a need for the football club to relocate nor
carried out a robust assessment of alternative sites. There is no
justification to depart from countryside policies and refusal is therefore
recommended.

Landscape Services – Has grave concerns in terms of both ecological
impact and landscape considerations within the site, in the immediate
vicinity and the wider setting. The ecological survey was conducted in
January 2005 outside the optimal time for many species. 13 trees have
been identified for removal including several veteran trees. Sight line
requirements will result in the removal of a large stretch of well-
established hedgerow and would probably be subject to a Hedgerow
Regulations survey before any disruption occurs. The site may at one
time have formed part of a planned/historic landscape. Lines of
proposed vegetation might serve to identify and make the development
more apparent in the landscape. Floodlighting will significantly raise
the visibility of the site both locally and in the wider setting particularly
due to its open nature. Concern is expressed about the stand capacity
(350) and the 100 car parking spaces. Will actual demand for car
parking result in increased pressure for more parking in the landscaped
areas?

Independent Landscape and Visual Impact Assessment - The landscape
and visual impacts of this proposal will be significant and there are only


                                     36
limited mitigation measures available. The symptoms of the landscape
and visual impacts cannot be removed by landscape mitigations works.
At best they can be reduced by some degree, but landscape and visual
harm will still be apparent and significant. It is therefore not felt
possible to satisfactorily integrate this development with the landscape
setting and surrounding landscape character. Planning permission
should only be granted if there are proportionately overriding benefits
that outweigh the landscape and visual harm that will be suffered.

Essex County Council Highways – recommends that permission be
refused for the following reasons:

The proposal would lead to the creation of a new junction on a stretch of
classified highway where the principal function is that of carrying traffic
freely and safely between centres of population. The slowing and
turning of vehicles associated with the use of the junction would lead to
conflict and interference with the passage of through vehicles to the
detriment of that principle function and introduce a further point of
possible traffic conflict, being detrimental to highway safety.

The site is not allocated in the Braintree Local Plan for the proposed
land use and therefore the Highway Authority are not obliged to accept
the development and the additional traffic generated from the proposal
that the application would engender.

The developer has not demonstrated to the satisfaction of the Highway
Authority that the highway access arrangements, traffic generated by
the proposed development and proposed mitigation works are
acceptable in terms of highway safety, capacity and accessibility.

Therefore the application does not comply with the requirements of the
following County Council policies:

Road Hierarchy            Structure Plan Policy T7
Safety                    Structure Plan Policy T11
Efficiency/capacity       Structure Plan Policy T8
Accessibility             Structure Plan Policy T3, T4 and T6

A process of ongoing discussion is taking place between ECC and the
applicant. Any further views if received will be reported at the meeting.

Sport England (‘SE’) – has commented jointly on this application and
05/00180/OUT to redevelop the existing ground. The consultation
response is based upon SE’s policy ‘ A Sporting Future for the Playing
Fields of England’, 1997. The quantity of provision would be more than
equivalent to the existing site. The proposed pitch layout is acceptable.
No information has been provided to confirm whether the topography or
ground conditions would provide any constraints to ensuring that
pitches of equivalent quality would be provided. A planning condition is
recommended to require a survey to identify qualitative constraints and


                                    37
appropriate mitigation measures for approval by the Council in
consultation with SE. Proposed built facilities are of at least equal
quality. The location is satisfactory. Club Management should be
similar to the existing facilities. The new pitches should be made
available for use prior to redevelopment of the existing ground.

In addition, SE is supportive of the sports development benefits of the
overall proposals as they would provide a net increase in playing field
provision and allow the Club to be based at a single venue which would
offer a number of advantages from a sports development perspective.
Additional capacity would also be released from other sites currently
used by HTFC. The proposals would allow implementation of many
aspects of the Football Association’s(FA) Community Club Development
Plan. The FA has confirmed their support to SE for the principle of the
proposed developments.

Environment Agency – Object to the application until a number of
surface water drainage issues are resolved related to Flood Risk and the
submitted FRA. These include calculations to determine the green field
runoff rate; infiltration tests; conveyance of runoff to the ditch; ditch
capacity and possible building up of banks/ditch deepening. These
matters have been the subject of further representations by the
applicant which are currently under consideration by the EA. Any
further progress will be reported at the meeting.

EA would further object to the proposal if a condition relating to
ecological surveys was not imposed.

Essex County Council Conservation Officer – cannot endorse the
application: this important recreational use is situated out-of-town, not
even at the edge of the urban development, but beyond it in the rural
environment and Special Landscape Area surrounding the town.
Separating the football pitch from existing housing implies moving it
closer to the listed building, Star Stile House and the Protected Lane.
Despite tree screening the house and cottages will be affected by noise
and light pollution. The proposed buildings are functional in
appearance and make no acknowledgement of the setting in which they
are located.

Essex Wildlife Trust – has responded to the Ecological Statement,
January 2005: mid-winter cannot hope to provide ‘an accurate
assessment of the ecological interest of the habitats’ claimed in 3.1.

We do not agree that Ramsey School – Star Stile Mosaic (M13), a non-
statutory designated nature conservation site, protected under BDRLP
policy RLP78 will be unaffected.. It is within 20m of the site’s eastern
boundary. Noise and light pollution will be the main issues to address.
No assessment of current attributes or potential impacts has been
made. It is imperative to address this issue through targeted surveys.



                                    38
Lack of detail relating to tree removal is disappointing, particularly
regarding the mature tree harbouring barn owls as well as absence of
detail in the proposed landscaping scheme. It will be decades before the
lost habitat is restored/recreated, providing valuable niche and micro-
habitats.

Generally for each species or habitat affected, the report immediately
recommends mitigating for any adverse effects arising. This completely
ignores the principles of sustainable development.

In absence of fuller ecological data, which the report itself recommends,
we consider the conclusion ‘….there is no evidence to suggest that
there are any overriding ecological constraints to the development of
the site ‘ to be unsubstantiated (i.e. no robust data to support it) and
therefore premature.

We object to this proposal on the grounds of lack of basic ecological
data to inform any planning decision and unsubstantiated claims
regarding the ease with which ecological issues can be mitigated.

TRANSCO – has no objections. There is a high-pressure pipeline in the
vicinity which is subject to a Legal Easement and which was originally
routed in consultation with the Planning Authority to avoid areas which
might be affected by future development. For the proposed access road
and verge, a concrete slab impact protection is required, to be installed
under our supervision and to our specification (standard drawing
provided).

REPRESENTATIONS

See Appendix 1 to Overview Report

REPORT

1.    Policy Approach

      The Government recognises that open spaces, sport and
      recreation underpins peoples’ quality of lives. PPG17 states the
      Government objective that any such facilities should be easily
      accessible by walking and cycling and that more heavily used
      facilities are planned in locations well served by public transport.
      This objective is specifically endorsed in relation to proposed
      development in urban fringe locations.

      With regard to rural areas, PPG17 advises that developments will
      require special justification if they are to be located in open
      countryside.

      The PPG advises that Planning Authorities may wish to allow
      ‘small scale structures’ where these would support the existing


                                    39
recreational uses or would provide facilities for new recreational
uses.

PPS7 supports the provision of small-scale, local facilities to meet
community needs outside identified local service centres. It is
stated that these local facilities should be located within or
adjacent to existing villages and settlements where access can be
gained by walking, cycling and (where available) public transport.

PPS7 also requires that planning policies should provide a
positive framework for facilitating sustainable development that
supports traditional land-based activities and makes the most of
new leisure and recreational opportunities that require a
countryside location.

The principle of providing open-air recreational facilities in the
countryside finds support in the relevant development plan
policies set out above subject to landscape, amenity and
accessibility criteria. Open-air formal recreational use of part of
the land has been acknowledged through the BDLPR.

The provision of small-scale facilities, reasonably necessary to
enable the associated open-air activities to take place is also a
category of development that can be acceptable in principle,
subject to appropriate details. The current proposal includes a
number of built facilities that are over and above what might
reasonably be expected in a countryside location that is open in
character.

Policy RLP128 also cites a presumption against new sports
facilities in the countryside which require substantial buildings.
The policy further describes the sequential preference for such
developments to be provided within the built-up areas of towns
and larger villages and, only exceptionally, on suitable sites at the
edge of settlements. The application site is located away from the
settlement edge and so cannot be said to equate to an edge of
settlement site.

The applicant’s have undertaken a sequential site search which is
set out in Section 5 of the Sports and Recreation document. It is
stated that seven potential sites were investigated within and on
the edge of Halstead although only five are named i.e. Upper Fenn
Road, Tidings Hill, Holmes Road, Kings Road and Mill Chase. The
applicant rules these out for various reasons including size of
site, impact upon residential amenity, accessibility, nett loss of
public open space due to having to reserve the main pitch. It is
stated that there are no other apparent brownfield sites within
Halstead. This search has necessarily been based on the premise
that it is essential that the Club must be relocated. The imperative
to relocate is an important question in this matter particularly


                              40
     when one is balancing the community benefit of relocation
     against other possibly negative impacts. The need for the club to
     relocate does not appear to be immediately pressing and is based
     largely upon aspirational targets of a qualitative nature. Similarly
     the sequential analysis does not amount to a comprehensive or
     robust analysis of alternatives.

     The site is located within a Special Landscape Area wherein
     development not intimately associated with the open character of
     the land would, as a matter of principle, normally be resisted. Any
     proposals that would adversely affect the physical appearance of
     Protected Lanes including their associated verges, banks and
     ditches will not normally be permitted (RLP86). RLP75 requires
     proposals for new development to include an assessment of their
     impact on wildlife and that they should not be detrimental to the
     distinctive landscape features and habitats of the area.

2.   Visual Amenity

     The application site currently enjoys a mature parkland character
     and is in an elevated position such that is visible from the wider
     setting of Halstead and the surrounding countryside. The
     proposed development through tree removal and new
     development would result in loss of that parkland character and
     the introduction of a number of prominent built forms.
     Notwithstanding the applicant’s submissions, the peripheral
     landscape treatment would not create the woodland setting that is
     suggested certainly not in the short term and with considerable
     doubt in the future. The proposed boundary planting would
     create a relatively thin foil through which the site would remain in
     view. There would be a marked change in character within the
     site concentrated around the main pitch, its fence enclosure and
     the surrounding buildings.

     The absence of detail relating to site levels and earth banking
     adds to the concerns about the ability of the site to sensitively
     accommodate this development.

     The proposed floodlighting columns would be visible during the
     daytime. At dusk and into the dark evenings, the illuminated
     columns would be the only significant lit feature in an area that is
     otherwise completely dark. The columns would therefore
     introduce an urbanising influence into this countryside area,
     which is also recognised as possessing high landscape
     sensitivity. The use of the floodlights would be most prevalent
     during the winter months when any tree screening would be least
     effective

     Whilst it could be said that the floodlights would simply add to the
     perception that the site is in recreational use, it is a combination


                                   41
     of the degree of provision, coupled with remoteness from any
     urban centre, added to the high environmental sensitivity, which
     in officer’s opinion renders the proposal unacceptable in this
     regard.

     Notwithstanding the consultation response of the ECC
     Conservation Officer, it is considered that a reason for refusal
     based upon any impact upon the setting of the Listed Star Stile
     House would be difficult to substantiate. This is however
     considered to add weight to the significance of the landscape
     character of the area. Additinally, given the adjacency of the site
     to the Protected Lane and the uncertainty about the need for
     roadside banking or retaining walls, it is possible that the
     character of the Protected Lane could be adversely affected
     through this proposal.

3.   Residential Amenity

     Except as referred to generally, the proposal does not introduce
     any issues which are considered to be specifically harmful to any
     individual property or which could not be dealt with by planning
     condition such as in relation to hours of operation and noise
     attenuation, although it is acknowledged that the proposed use
     could give rise to some increased noise disturbance on
     occasions.

4.   Highway Safety and Accessibility

     The A131 Sudbury Road is a main distributor route whose
     purpose is to distribute traffic freely between settlements. The
     creation of a new access onto a road of this function would
     normally require special justification. Here again, the question
     arises about whether the community benefit arising from the
     proposal is sufficient justification to set aside the presumption
     against forming a new access.

     The proposed site is less accessible than the existing site and,
     with the increase in the range of internal and external facilities
     would result in a step change in the number of persons regularly
     using the proposed facility. Whilst the site is within walking
     distance of the urban edge, it is inevitable that the proportion of
     persons walking or cycling to the site would be proportionately
     less than at the existing site.

     The provision of visibility splays to serve the new access would
     appear to be substandard, and the applicant has moved the
     debate to consideration of typical vehicle speeds. As matters
     currently stand, ECC consider the proposal to be substandard.




                                  42
      The provision of the visibility splays would require removal of
      roadside hedging and possible re-profiling of the roadside bank.
      The junction would need to be lit including along the proposed
      footway to the urban edge. Both these factors would add to the
      urbanising effect of the proposal as considered in section 2.
      above.

      The relative inaccessibility of the site renders the proposal at
      odds with Government policy for sustainable development as
      expressed locally through Structure Plan and Review Local Plan
      policies and the complementary transport policies.

      The applicant seeks to address this issue by reference to the
      allocated use of part of the site for recreation. However a
      distinction can be made in the intensity of the use, purely as an
      un-illuminated recreation ground and then as proposed with
      indoor facilities and illuminated outdoor facilities. The ultimate
      potential use of the site must be taken into account, with wider
      access to better facilities and where not limited by daylight or
      seasons.

5.    Ecology

      The applicant has not provided a sufficiently robust ecological
      assessment of the locality to properly inform decision-making.
      The proposal would therefore conflict with Structure Plan policy
      NR6 and BDLPR policies RLP 75 & 78

6.    Other Issues/Material Considerations

      The applicant’s subscription to a scheme, which would benefit the
      wider community of Halstead has been a guiding principle of the
      proposal. The extent to which the wider community may benefit
      from the proposal should be regarded as a material planning
      consideration to be weighed against the identified planning policy
      conflicts and other planning judgments described above. It is
      certainly in the public interest to consider the sporting and
      recreational needs of the local community. Strategically, this
      would normally take place through the Local Plan Review
      process. This was not done in this instance and as a
      consequence it is necessary for the Committee to judge the
      proposals against adopted and emerging development control
      policies.

SUMMARY

It is Officers’ view that, having given very careful consideration to the
material circumstances referred to above, the scale and character of the
proposal together with the location of the overall development within the
countryside would be contrary to established policies contained within


                                    43
the Development Plan including those relating to landscape character,
highway strategy, highway safety, accessibility, protected lanes,
ecology, and flood risk .

RECOMMENDATION (2) set out in Overview Report




                                  _________________________
______________________________________________________________




                                  44
PART A

APPLICATION NO :                                                                                                                                                                                                                                                                                                                                                                              05/00180/OUT                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             DATE VALID :                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                01.02.05

APPLICANT :                                                                                                                                                                                                                                                                                                                                                                                   Tesco Stores Limited/Halstead Town Football Club
                                                                                                                                                                                                                                                                                                                                                                                              C/o Agent

AGENT :                                                                                                                                                                                                                                                                                                                                                                                       Martin Robeson Planning Practice
                                                                                                                                                                                                                                                                                                                                                                                              Robert Posselt 21 Buckingham Street London WC2N 6EF

DESCRIPTION :                                                                                                                                                                                                                                                                                                                                                                                 Erection of Class A1 retail store with associated car
                                                                                                                                                                                                                                                                                                                                                                                              parking, access and servicing

LOCATION :                                                                                                                                                                                                                                                                                                                                                                                    Halstead Town Football Ground Rosemary Lane
                                                                                                                                                                                                                                                                                                                                                                                              Halstead Essex C09 1LB

                05/180/OUT                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TL 8130                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Grid Ref: (E) 581045 (N) 230779
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Bo x M ill Plan ta tion




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