Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision Site visit made on 14 November 2023 by A Berry MTCP (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 17 January 2024. Appeal Ref: APP/J1535/W/23/3319839 Barclays Bank Plc, 6 Market Square, Waltham Abbey, Essex EN9 1DN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Hansson Holdings Ltd against the decision of Epping Forest District Council. • The application Ref EPF/1051/22, dated 5 May 2022, was refused by notice dated 12 January 2023. • The development proposed is the redevelopment of the former Barclays Bank to mixed use development including upward extension by way of an additional storey at roof level, retaining commercial use on the ground floor and creating a 1no duplex 3 bed flat across first and second floors above the commercial space with entrance at street level. Decision 1. The appeal is dismissed. Application for costs 2. An application for costs was made by Hansson Holdings Ltd against Epping Forest District Council. This application will be the subject of a separate decision. Procedural Matters 3.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision Since the appeal was lodged, a revised National Planning Policy Framework (‘the Framework’) has been published. This has not raised any new matters which are determinative to the outcome of this appeal. However, I will refer to the updated paragraph numbers where necessary. Additionally, the 2022 Housing Delivery Test results1 (‘the HDT’) were published on 19 December 2023 which indicated that Epping Forest has been significantly underperforming over the previous three years. However, this position has not changed since the publication of the 2021 results and therefore, it does not raise any new matters for which I need to seek the views of the main parties. 4. Epping Forest District Local Plan 2011-2033, Part One (‘the LP’) was adopted in March 2023. The LP replaces Epping Forest District Council Adopted Local Plan (1998) and Alterations (2006). Policy DM11 has not changed since the LP was adopted, however, Policy DM2 has superseded Policy NC1. It is mandatory for me to take account of the most relevant and up-to-date information in reaching a decision and I have therefore dealt with the appeal on this basis.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision The main parties have commented on the relevant policies contained in the LP and have therefore not been prejudiced. 1 Housing Delivery Test: 2022 Measurement https://www.gov.uk/planning-inspectorate

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision The main parties have commented on the relevant policies contained in the LP and have therefore not been prejudiced. 1 Housing Delivery Test: 2022 Measurement https://www.gov.uk/planning-inspectorate

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/23/3319839 5. The ‘Original Report’ attached to the Officer Report referenced the Epping Forest Special Area of Conservation (‘the SAC’) (the Interim Approach), adopted 18 October 2018, and concluded that the development would result in a likely significant effect on the integrity of the SAC from recreational pressures. It also stated that there was no requirement to make a financial contribution towards mitigation measures. However, on 11 April 2022 the Council adopted the Epping Forest Strategic Access Management and Monitoring (SAMM) Strategy 2021 (‘the SAMM’) which included a tiered level of financial contribution sought from net increases in new dwellings in the district. I must take account of the most up-to-date information in reaching a decision. 6. The appeal site is located within the 3km to 6.2km radius of the SAC. Accordingly, I consulted Natural England on the proposal, and I sought the views of both main parties on Natural England’s response. I have therefore determined the appeal on this basis. Main Issues 7.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision As I am the competent authority, it is incumbent upon me to consider whether the proposal would have a likely significant effect on the integrity of the SAC and therefore it is necessary for me to consider this matter as a main issue. Therefore, the main issues are the effect of the proposal on: a) waste storage and collections; and b) the integrity of the SAC. Reasons Waste Storage and Collections 8. The proposed waste storage area would occupy part of the existing ground floor of the building. It would be accessed via double doors adjacent to the entrance to the proposed upper storey flat on the southern, Sun Street elevation of the building. Sun Street is a pedestrianised route within the town centre. To the west of the building is Church Street/Market Square with a servicing/turning area immediately in front of the appeal site. 9. The Area Waste Management Officer (‘the AWMO’) has confirmed that their contractors service Market Square/Sun Street and that occupiers present their waste in containers supplied by Epping Forest District Council. While the Council dispute this, no evidence has been supplied to counter the AWMO’s evidence.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision Furthermore, there was evidence of a commercial bin positioned in front of a premises within Church Street/Market Square at the time of my visit. 10. The proposed waste storage area could hold the required number of receptacles specified by the AWMO. Bin collection day is the same day as market day, and I was able to view the market stalls when I undertook my visit. Some stalls were positioned in proximity of the appeal building and the proposed waste storage area. However, there was ample space for bins to be collected without conflict with the market stalls. Furthermore, sufficient space was retained within the servicing/turning area for a bin lorry to access and turn without creating an unworkable or unsafe environment for operatives or their vehicle. https://www.gov.uk/planning-inspectorate 2

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/23/3319839 11. The Council asserts that the bin storage area should be located to the rear of the premises and accessed from Darby Drive. However, this is not the development before me. Furthermore, I have found that the proposed bin storage area is acceptable and could operate safely. 12. In reference to the first main issue, the proposal would not have an adverse effect on waste storage and collections. It would comply with Policy DM11 of the LP which, amongst other things, seeks to ensure that there is adequate dedicated internal and external storage space to manage the volume of waste arising from the site; provide accessible and safe access to on-site storage facilities, both for occupiers and collection operatives including vehicles; and be located and screened to avoid nuisance and adverse impact on visual and other amenity to occupiers and neighbouring uses. Integrity of the SAC 13. The appeal site is located within the 3km – 6.2km radius of the Epping Forest SAC. The Forest supports a nationally outstanding assemblage of invertebrates, major amphibian interest and an exceptional breeding bird community.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision This is a European Designated Site afforded protection under the Conservation of Habitats and Species Regulations 2017 as amended (‘the Habitats Regulations’). The Habitats Regulations impose a duty on me, as the competent authority, to consider whether the proposal would be likely to have a significant effect on the integrity of the SAC, either alone or in combination with other plans and projects. In 2018, the Court of Justice of the European Union held that the decision maker, when considering the effect that a proposal may have on a European Site, must consider mitigation within the Framework of an Appropriate Assessment, rather than at the screening stage2. This responsibility now falls to me as the competent authority. 14. Evidence shows that the SAC is under significant pressure from recreational visitors and atmospheric pollution from vehicles travelling through it. Visitor and vehicle numbers will increase due to the delivery of new housing and employment developments in the surrounding area.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision The increase in recreational pressure can lead to such issues as a rise in wildfires, the introduction of incompatible plants, nutrient enrichment from dog fouling, loss of vegetation, damage to trees from trampling and climbing, and soil erosion and compaction. Furthermore, air pollution arising from an increase in vehicles can lead to issues such as acid rain, nutrient enrichment, and soil and freshwater acidification. Accordingly, disturbance by humans and their pets, and emissions from vehicles, can have an adverse effect on the SAC. 15. The proposal would result in an increase in one dwelling. The appeal site’s location within the 3km – 6.2km radius indicates there would be a likelihood of future occupiers of the proposed dwelling visiting the SAC and travelling through the SAC. An assessment3 demonstrates that trip generation would be lower for the proposed use than the existing use and therefore it would not have an adverse impact on air pollution. However, the proposal, particularly when combined with other developments in the area, would have a likely significant effect on the SAC through increased disturbance arising from recreational activity.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision 2 People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244 3 HRA EFSAC Trip Generation Assessment: 6 Market Square, Waltham Abbey, Revision B, dated April 2022, produced by EAS https://www.gov.uk/planning-inspectorate 3

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision 2 People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244 3 HRA EFSAC Trip Generation Assessment: 6 Market Square, Waltham Abbey, Revision B, dated April 2022, produced by EAS https://www.gov.uk/planning-inspectorate 3

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/23/3319839 16. The Habitats Regulations state that permission may only be granted after I have ascertained that the development will not affect the integrity of the SAC. As part of my assessment, I must therefore consider whether the impact of the development could be mitigated. The appellant has submitted a draft planning obligation for a financial contribution towards the SAMM but I have not been provided with a signed and sealed version to secure the financial contribution. 17. In respect of the second main issue, insufficient information has been submitted to verify that the proposal would not harm the integrity of the SAC. The proposal would therefore be contrary to Policy DM2 of the LP which, amongst other things, seeks to ensure there is no adverse effect on the integrity of the SAC from development proposals; and where a development would have likely significant effects, contributions towards off-site mitigation measures will be sought to make the development acceptable. Other Matters 18.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision The appeal site is within the Waltham Abbey Conservation Area (‘the CA’) and therefore, I have a statutory duty under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of that area. The CA encompasses part of the town centre and Waltham Abbey and its surroundings. Therefore, the significance of the CA is its historic and aesthetic value. The appeal building is within the town centre and does not follow the historic character or appearance of the CA. The proposal would result in some external alterations. However, these would improve the appearance of the existing building. Consequently, I do not find harm to the CA from the proposed development. 19. The results of the HDT indicate that the Council has been significantly underperforming in the previous three years. Even if paragraph 11(d) of the Framework was applicable to the proposed development, I cannot conclude that the proposal would not harm the integrity of the SAC, a habitat site listed within Footnote 7 of the Framework, which provides a clear reason for refusing the development proposed. Conclusion 20.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — Appeal Decision For the reasons given above, having regard to the development plan as a whole and all other material considerations, I conclude that the appeal should be dismissed.

Barclays Bank Plc, 6 Market Square, WALTHAM ABBEY, Essex, EN9 1DN — Epping Forest District Council — A Berry INSPECTOR https://www.gov.uk/planning-inspectorate 4