Agenda and minutes

Area Planning Sub-Committee East - Wednesday 15th July 2015 7.00 pm

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: Adrian Hendry (Directorate of Governance)  Email:  democraticservices@eppingforestdc.gov.uk Tel: 01992 564243

Media

Items
No. Item

7.

WEBCASTING INTRODUCTION

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

 

2.         The Chairman will read the following announcement:

 

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

 

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

 

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

 

Additional documents:

Minutes:

The Chairman made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings. The Sub-Committee noted the Council’s Protocol for Webcasting of Council and Other Meetings.

8.

WELCOME AND INTRODUCTION

Additional documents:

Minutes:

The Chairman welcomed members of the public to the meeting and outlined the procedures and arrangements adopted by the Council to enable persons to address the Sub-Committee, in relation to the determination of applications for planning permission. The Sub-Committee noted the advice provided for the public and speakers in attendance at Council Planning Sub-Committee meetings.

9.

Election of Vice Chairman

Additional documents:

Minutes:

In the absence of the Chairman, who had tendered her apologies, the Vice-Chairman chaired the meeting and requested nominations for the role of Vice-Chairman.

 

RESOLVED:

 

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

 

10.

MINUTES pdf icon PDF 244 KB

To confirm the minutes of the last meeting of the Sub-Committee, held on 17 June 2015 (attached).

Additional documents:

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 17 June 2015 be taken as read and signed by the Chairman as a correct record.

11.

DECLARATIONS OF INTEREST

(Director of Governance) To declare interests in any item on this agenda.

Additional documents:

Minutes:

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor J M Whitehouse declared a non-pecuniary interest in the following item of the agenda by virtue of being a member of the Town Council that owns and manages the land adjacent to this site. The Councillor had determined that his interest was not prejudicial and he would remain in the meeting for the consideration of the application and voting thereon:

 

·         EPF/0933/15 – 6A Palmers Hill, Epping.

 

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a non-pecuniary interest in the following items of the agenda by virtue of the objectors being customers of his. The Councillor had determined that his interest was not prejudicial and he would remain in the meeting for the consideration of the application and voting thereon:

 

·                     EPF/0864/15 – The Railway Hotel, Station Road, Sheering.

·                     EPF/1008/15 – St Clements, Vicarage Lane West, North Weald.

 

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor A Grigg declared a non-pecuniary interest in the following item of the agenda, by virtue of being the appropriate Portfolio Holder and have agreed the conclusion that the Railway Hotel had been designated an asset of Community Value. She had taken advice from the Monitoring Officer who had confirmed that I have no declarable pecuniary interest or other interest arising from this consultation. The Councillor had determined that her interest was not prejudicial and she would remain in the meeting for the consideration of the application and voting thereon:

 

·                     EPF/0864/15 – The Railway Hotel, Station Road, Sheering.

 

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor H Brady declared a non-pecuniary interest in the following item of the agenda, by virtue of being slightly acquainted with one of the objectors. The Councillor had determined that her interest was not prejudicial and she would remain in the meeting for the consideration of the application and voting thereon:

 

·                     EPF/1172/15 – Land adj. to 24 Vicarage Road, Coopersale, Epping.

 

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor M McEwen declared a non-pecuniary interest in the following items of the agenda, by virtue of being acquainted with the speakers. The Councillor had determined that her interest was not prejudicial and she would remain in the meeting for the consideration of the applications and voting thereon:

 

·                     EPF/0538/15 – Smiths Brasserie and site of former bowls green at rear, Fyfield Road, Ongar;

 

·                     EPF/0933/15 – 6A Palmers Hill, Epping;

 

 

(f)         Pursuant to the Council’s Code of Member Conduct, Councillor N Avey declared a non-pecuniary interest in the following items of the agenda, by virtue of being a member of the Epping Town Council, planning committee. The Councillors had determined that her interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

 

·                     EPF/0744/15 – 90 The Orchards, Epping;

 

·                     EPF/0753/15 – 22 Coopersale Street, Epping;

 

·                     EPF/0851/15 – Pizza Express, 208-212 High Street, Epping;

 

·                     EPF/1172/15 – Land adj. to 24 Vicarage Road, Coopersale, Epping.

 

 

(g)        Pursuant to  ...  view the full minutes text for item 11.

12.

ANY OTHER BUSINESS

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules contained in the Constitution requires that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

 

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee.  Two weeks' notice of non-urgent items is required.

Additional documents:

Minutes:

It was noted that there was no other urgent business for consideration by the Sub-Committee.

13.

DEVELOPMENT CONTROL pdf icon PDF 2 MB

(Director of Governance)  To consider planning applications as set out in the attached schedule

 

Background Papers:

 

(i)  Applications for determination – applications listed on the schedule, letters of representation received regarding the applications which are summarised on the schedule. 

 

(ii)  Enforcement of Planning Control – the reports of officers inspecting the properties listed on the schedule in respect of which consideration is to be given to the enforcement of planning control.

Additional documents:

Minutes:

RESOLVED:

 

That the planning applications numbered 1 – 11 be determined as set out in the schedule attached to these minutes.

14.

Probity in Planning - Appeal Decisions, 1 October 2014 to 31 March 2015 pdf icon PDF 114 KB

(Director of Governance) To consider the attached report.

Additional documents:

Minutes:

The Sub-Committee received a report regarding Probity in Planning – Appeal Decisions for the period 1 October 2014 to 31 March 2015.

 

In compliance with the recommendation of the District Auditor, the report on the agenda, item 8, advised the decision-making committees of the results of all successful allowed appeals (i.e. particularly those refused by committee contrary to officer recommendation). The purpose was to inform the committee of the consequences of their decisions in this respect and, in cases where the refusal was found to be unsupportable on planning grounds, an award of costs may be made against the Council.

 

Since 2011/12, there have been two local indicators, one of which measures all planning application type appeals as a result of committee reversals of officer recommendations (GOV08) and the other which measures the performance of officer recommendations and delegated decisions (GOV07).  

 

Over the six-month period between 1 October 2014 and 31 March 2015, the Council received 40 decisions on appeals (38 of which were planning related appeals, the other 2 were enforcement related).

 

GOV07 and 08 measure planning application decisions and out of a total of 38, 14 were allowed (36.8%). Broken down further, GOV07 performance was 6 out of 29 allowed (20.68%) including one part-allowed/part-dismissed and GOV08 performance was 8 out of 9 (88.88%), although out of this 8, one was part-allowed/ part-dismissed.

 

Whilst performance in defending appeals at 36.8% appears high, there was no national comparison of authority performance. Members were reminded that in refusing planning permission there needs to be justified reasons that in each case must be not only relevant and necessary, but also sound and defendable so as to avoid paying costs. This was more important now than ever given a Planning Inspector or the Secretary of State can award costs, even if neither side had made an application for them. Whilst there was clearly pressure on Members to refuse in cases where there are objections from local residents, these views (and only when they are related to the planning issues of the case) are one of a number of relevant issues to balance out in order to understand the merits of the particular development being applied for.

 

      RESOLVED:

 

That the report regarding Probity in Planning – Appeal Decisions, 1 October 2014 to 31 March 2015 be noted.