Agenda and minutes

To confirm the minutes of the last meeting of the Sub-Committee held on 11 May 2016.

RESOLVED:

That the minutes of the meeting held on 11 May 2016 be taken as read and signed by the Chairman as a correct record.

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

(a)  Pursuant to the Council’s Code of Member Conduct, Councillor G Waller declared a personal non-pecuniary interest in the following items of the agenda by virtue of being a member of the Cabinet Committee which had considered this. He advised that he would remain in the meeting for the consideration of the items and voting thereon:

·         EPF/0212/16 Land and Garages adjacent 97 Queensway, Ongar CM5 0BP; and

·         EPF/0214/16 Land and Garages at Millfield, High Ongar, Ongar CM5 9RJ

(b)  Pursuant to the Council’s Code of Member Conduct, Councillor G Waller declared a personal non-pecuniary interest in the following item of the agenda by virtue of being a member of the Cabinet which had considered this item. He advised that he would remain in the meeting for the consideration of the item and voting thereon:

·         EPF/0255/16 9 Glebe Road, Ongar CM5 9HW

(c)  Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal non-pecuniary interest in the following items of the agenda by virtue of having been a member of the Cabinet as a Housing Portfolio Holder. Although the Councillor was no longer a member of the Cabinet he had sought advice and advised that he would leave the meeting for the consideration of the items and voting thereon:

·         EPF/0212/16 Land and Garages adjacent 97 Queensway, Ongar CM5 0BP;

·         EPF/0214/16 Land and Garages at Millfield, High Ongar, Ongar CM5 9RJ; and

·         EPF/0885/16 Blenheim Way, North Weald Bassett, Epping CM16 6FL

(d)  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 having attended a site visit there recently. The Councillor advised that she would remain in the meeting for the consideration of the item and voting thereon:

·         EPF/0885/16 Blenheim Way, North Weald Bassett, Epping CM16 6FL

(e)  Pursuant to the Council’s Code of Member Conduct, Councillor H Whitbread declared a non-pecuniary interest in the following item of the agenda by virtue of being a member of the Epping Town Council Planning Committee. The Councillor advised that she would remain in the meeting for the consideration of the item and voting thereon:

·         EPF/0903/16 2 Chapel Road, Epping CM16 5DS

(f)   Pursuant to the Council’s Code of Member Conduct, Councillor C Whitbread declared a non-pecuniary interest in the following items of the agenda by virtue of the likelihood that he had been in attendance at those Cabinet Committee meetings concerned. The Councillor advised that he would remain in the meeting for the consideration of the items and voting thereon:

·         EPF/0212/16 Land and Garages adjacent 97 Queensway, Ongar CM5 0BP;

·         EPF/0214/16 Land and Garages at Millfield, High Ongar, Ongar CM5 9RJ; and

·         EPF/0255/16 9 Glebe Road, Ongar CM5 9HW

(g)  Pursuant to the Council’s Code of Member Conduct, Councillor C Whitbread declared a non-pecuniary interest in the following item of the agenda by virtue of being a member of the Cabinet. The Councillor advised that he would remain in the meeting for  ...  view the full minutes text for item 4.

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

RESOLVED:

That, in the absence of a Vice-Chairman, Councillor A Grigg be appointed as Vice-Chairman for the duration of the meeting.

Section 100B(4)(b) of the Local Government Act 1972, 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.

(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.

RESOLVED:

That the planning applications numbered 1 – 9 be determined as set out in the schedule attached to these minutes.

(Director of Governance)  To consider the attached report.

The Sub-Committee received the Probity in Planning report regarding Appeal Decisions 1 October 2015 to 31 March 2016 from the Senior Planning Officer.

In compliance with the recommendation of the District Auditor, this report advised the decision-making committees of the results of all successful allowed appeals, in particular those refused by committee contrary to officer recommendation.

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

Over the six month period between 1 October 2015 and 31 March 2016, the Council received 57 decisions on appeal, 49 of which were planning related appeals, the other 8 were enforcement related. GOV 07 and 08 measured planning application decisions and out of a total of 49, 18 were allowed (36.7%). Broken down further, GOV07 performance was 8 out of 27 allowed (29.6%) and GOV08 performance was 10 out of 22 (45.5%).

The appeal performance for GOV08, committee reversals, was on target at 45.5%, but the committees were urged to continue to heed the advice that if they were considering setting aside the officer’s recommendation, it should only be in cases where members were certain they were acting in the wider public interest and where the committee officer could give a good indication of some success at defending the decision.

Out of 8 enforcement notice appeals decided, 6 were dismissed, 1 allowed with variation of conditions and the other quashed for invalidity. During this period, there were no award of costs against the Council in respect of a refusal of planning permission and the Council officers successfully defended against 5 claims for costs.

Whilst performance in defending appeals at 36.7% appeared high, there was no national comparison of authority performance. Members were reminded that in refusing planning permission there needed to be justified reasons that were not only relevant and necessary, but also sound and defendable so as to avoid paying costs.

Members asked if there could be greater clarification in future Probity reports in regard to separating Member and officer decision outcomes. The Senior Planning Officer agreed that this could be incorporated into future reports. The officer also advised that future planning application reports to sub-committees would also include a reference to 5 year land supply needs. The authority’s draft Local Plan would also reveal a significant land supply as well.

  RESOLVED:

  That the Planning Appeal Decisions for 1 October 2015 to 31 March 2016 be noted.