Agenda and minutes

The Committee, having noted the absence of the Vice Chairman, were asked to appoint a Vice Chairman for the meeting.

Resolved:

That Councillor R Morgan be appointed Vice Chairman for the duration of the meeting.

It was noted that Councillor G Waller was substituting for Councillor J Wyatt and that Councillor D Stallan was substituting for Councillor H Kane at the meeting.

Councillors G Waller and D Stallan declared a non-pecuniary interest in item 7, the site of the Winston Churchill public house, by virtue of being a member of the Cabinet that had approved the Heads of Term of a Development Agreement for the site. Having taken the advice of the Monitoring Officer that this interest was not prejudicial both Councillors indicated that they proposed to stay in the meeting for the duration and voting on that application.

To confirm the minutes of the last meeting of the Committee held on 16 October 2013 (attached).

Resolved:

That the minutes of the meeting held on 16 October 2013 be taken as read and signed by the Chairman as a correct record.

(Director of Planning and Economic Development) To consider the attached report.

The Committee considered an application which sought the demolition of an existing public house and garages on an adjoining site and its replacement with a mixed use development of retail and food and drink units on the ground floor with 64 residential units over the six floors above. The proposed development had 62 parking spaces and access and car parking and was on a prominent site at the beginning of Loughton Broadway within the Council’s Debden Town Centre and Broadway Development Brief which had been adopted by the Council in 2008. The committee received details of the design of the building proposed.

The committee noted that the development could proceed if the recent approval of a retail park on Langston Road and its associated changes to the local road layout were implemented.

The committee noted that the proposed building, of a contemporary design had a staggered appearance with upper floors lowering towards adjoining properties. The suggested conditions included the re-provision of a minimum of 150sqm for a drinking establishment and a section 106 agreement which would secure education and healthcare contributions. Any approval would also be subject to the applicant agreeing to an extension of time for the signing the Section 106 Agreement.

The highways officers considered the parking provision was acceptable on the basis of almost one space for each unit as was the effect on traffic generation from the site.

It was proposed that no affordable housing would be provided within the development on the basis that it would be financially unviable which had been verified by the Council’s specialist consultants.

The Committee noted the representations made to the Council including a petition and objections from Town Centre Partnership, Loughton Town Council and Loughton Residents Association Plans Group.

The Committee heard from a representative of the Town Centre Partnership, an objector and the local Town Council. During the presentation by the applicants agent, members of public interrupted the proceedings and, on resolution of the Committee, the public gallery was cleared for the reminder of the discussion. The meeting was adjourned between 8.05pm and 8.20pm to facilitate the clearing of the gallery.

The committee heard from the applicants agent and local ward members.

The main issues for the committee were the loss of the public house and whether the size and scale of the building were appropriate. Evidence was that the public house was not a viable business and that principle of the loss of the building had been accepted when the Development Brief had been agreed. An area for a new drinking establishment was proposed.

Concern was expressed by some members that the new building was too high and of a bulky appearance and that giving permission to the development would set a precedent for high rise developments elsewhere. It was felt that the development could prove to be a catalyst for regeneration of the area and would create jobs. There was also a presumption in favour of development and the site was in a sustainable area, close  ...  view the full minutes text for item 38.

Resolved:

That item 9 (Land rear of 59-61 High Road, North Weald) be brought forward as the next item of business.

(Director of Planning and Economic Development) To consider the attached report.

The Committee considered an application for the erection of a bungalow on land to the rear of 59-61 High Road, North Weald next to another recently approved bungalow. Although surrounded on three sides by development, most of the application site was within the Metropolitan Green Belt.

The application had been referred to it by Area Plans Subcommittee East with a recommendation to grant on the basis that it was infill development within the context of the National Planning Policy Framework as an exception to inappropriate development within the Green Belt. This was accepted by the Committee and planning permission was granted accordingly.

Resolved:

That planning application EPF/1891/13 on land rear of 59-61 High Road, North Weald be granted planning permission subject to the following conditions:

(1)        The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

(2)        The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 1291/07d, 1291/08c, 1291/09a, 1291/15A, MP/HR/01 Rev: A2

Reason: To ensure the proposal is built in accordance with the approved drawings.

(3)        No construction works above ground level shall have taken place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

Reason:- To ensure a satisfactory appearance in the interests of visual amenity, in accordance with the guidance contained within the National Planning Policy Framework and policy DBE3 of the adopted Local Plan and Alterations.

(4)        Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended (or any other order revoking, further amending or re-enacting that order) no development generally permitted by virtue of Part 1, Class E shall be undertaken without the prior written permission of the Local Planning Authority.

Reason:- The specific circumstances of this site warrant the Local Planning Authority having control over any further development, in accordance with the guidance contained within the National Planning Policy Framework and policy GB2A of the adopted Local Plan and Alterations.

(5)        The parking area shown on the approved plan shall be provided prior to the first occupation of the development and shall be retained free of obstruction for the parking of residents and visitors vehicles.

Reason:- In the interests of highway safety, in accordance with the guidance contained within the National Planning Policy Framework and policies ST4 and ST6 of the adopted Local Plan and Alterations.

(6)        Prior to occupation of the development hereby approved, measures shall be taken to ensure that there are no obstructions over 600mm in height within 1 metre of the highway boundary on both sides of the vehicle access. Such pedestrian visibility splays shall be retained thereafter.

Reason:- To  ...  view the full minutes text for item 40.

(Director of Planning and Economic Development) To consider the attached report.

The Committee considered and approved an application for prior approval for the replacement of a telecommunications mast and associated equipment cabinets at a site opposite 72 Honey Lane, Waltham Abbey. The application would allow mast sharing by different suppliers.

Resolved:

That prior approval application EPF/2213/13 on land opposite 72 Honey Lane, Waltham Abbey be granted.

(Director of Planning and Economic Development) To consider the attached report.

The Committee gave further consideration to an application to renew the planning permission for a detached house on this site which had lapsed. Members had approved a linked development of car parking on the adjacent Victory Hall site at their meeting in October 2013.

Members noted the changes to the planning obligation and agreed with the view of officers that a definite time limit should now be placed on the approval and if this timescale was not met, the application be refused under delegation given the lack of overriding special circumstances. The Committee approved the renewal on that basis.

Resolved:

(1)        That planning permission be granted for the erection of the proposed house subject to:

(a)          The completion, within 6 months of the date of this decision of an agreement under Section 106 of the Town and Country Planning Act 1990 to secure:

(i)           Within 3 months of the service of Notice on the landowner(s) by Epping Forest District Council, the transfer of land at the application site situated adjacent to land at Victory Hall to Epping Forest District Council, at no cost.  Such Notice shall be served within 10 years.

(ii)          For a period of 10 years, no sale or transfer of the land at the application site situated adjacent to land at Victory Hall to any person other than Epping Forest District Council.

(iii)         Within 3 months, the payment of the sum of £33,000 by the developer to Epping Forest District Council as a contribution towards the cost of constructing a car park on the site planning permission ref EPF/0735/13 relates to.  If after a period of 10 years from receipt of the payment the sum is not spent as described, it shall be returned to the developer within a period of 3 months.

(b)          The following conditions:-

(1)          The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

(2)          The development hereby permitted will be completed strictly in accordance with the approved drawings nos: EPL_01, EPL_10 rev A, EPL_11 rev B, EPL_12 rev A, EPL_13 rev A, EPL_14 rev A.

(3)          No development shall take place until a Phase 1 Land Contamination investigation has been carried out. A protocol for the investigation shall be submitted to and approved in writing by the Local Planning Authority before commencement of the Phase 1 investigation. The completed Phase 1 report shall be submitted to and approved by the Local Planning Authority prior to the commencement of any necessary Phase 2 investigation. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

[Note: This condition must be  ...  view the full minutes text for item 42.

(Director of Planning and Economic Development) To consider the attached report and plan.

The Committee noted that at its last meeting on 16 October 2013, it had agreed to adopt the Local Enforcement Plan. As part of the Committees decision, the Assistant Director of Planning was authorised to consider any further comments made by Local Council’s and report further to this Committee if material changes to the plan were required.

During the previous consultation process it has become apparent that a number of Town and Parish Councils had been omitted from the initial consultation process. The Councils concerned (Loughton, Ongar, Stanford Rivers, Stapleford Abbotts, Stapleford Tawney, Theydon Mount and Theydon Garnon) had been further consulted.

Loughton Town Council had made comments and had requested that where it was decided by District Council Officers that further action was inexpedient under Sections 3.25 to 3.31 (Chapter 3 Investigation of suspected breaches of planning control: Not expedient to pursue formal action) of the protocol, that decision should stand referred to an Area Planning Subcommittee if within 21 days of publication of the decision it was:

(a)        called in by a member of Epping Forest District Council; or

(b)        called in by the parish or town council in whose area the site fell.

The Committee had previously discussed whether such a mechanism was appropriate and noted that robust procedures were already in place within the plan. As such they considered that no further changes should be made to the plan.

Resolved:

(1)        That the comments of Loughton Town Council be noted; and

(2)        That the Local Enforcement Plan (LEP) as previously adopted be confirmed without further changes.

(Director of Planning and Economic Development) To consider the attached report.

The Committee noted a referral from the Council meeting held 5 November 2013, at which the committee had been asked to consider how often a planning objection by a Parish or Town Council had not been regarded as grounds for its report to a planning committee.

The committee noted that local council’s had been recently provided with advice as to what would constitute a valid planning objection, these being:

-           loss of view

-           negative effect on the value of properties

-           land ownership or restrictive covenants

-           applicant’s personal circumstances (unless exceptional such as relating to a physical disability)

-           business competition

-           matters controlled under building regulations or other non-planning legislation.  

Furthermore it was noted that there were very few examples of objections being ruled out of consideration as Parish and Town Council’s were aware or what constituted a material consideration.

Resolved:

That the circumstances that officers will report planning applications made under Appendix A (paragraph g) of Officer Delegation of Powers to Determine Planning Applications to planning committees be noted.

There was no further business to be transacted at the meeting.