Agenda, decisions and minutes

The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of subsequent, repeated viewing, with copies of the recording being made available for those that request it.

By being present at this meeting, it is likely that the recording cameras will capture your image and this will result in your image becoming part of the broadcast.

You should be aware that this may infringe your human and data protection rights, and if you have any concerns then please speak to the Webcasting Officer.

Please could I also remind Members and Officers to activate their microphones before speaking.”

The Chairman made a short address to remind attendees that the meeting would be broadcast live to the Internet and would be capable of repeated viewing, which could infringe their human and data protection rights.

To declare interests in any item on the agenda.

(a)        Pursuant to the Council’s Member Code of Conduct, Councillor A Lion declared a non-pecuniary interest in agenda item 7a, Epping Forest District Local Plan Update, by virtue of being a member of Chigwell Parish Council and in relation to the Chigwell Neighbourhood Plan. The Councillor had determined that he would remain in the meeting for the consideration of the item.

To confirm the minutes of the last meeting of the Cabinet Committee held on 14 May 2018 (previously circulated).

That the minutes of the meeting held on 14 May 2018 be taken as read and signed by the Chairman as a correct record.

RESOLVED:

That the minutes of the meeting held on 14 May 2018 be taken as read and signed by the Chairman as a correct record.

To note the Cabinet Committee’s Terms of Reference, as agreed by the Leader of the Council in June 2012.

The Cabinet Committee noted its terms of reference, as amended by the Leader of the Council in June 2012.

To consider the report (attached).

(1)       To agree the proposed EFDC response to the MHCLG technical consultation set out in paragraphs 5-10 of this report on ‘Changes to planning policy and guidance including the standard method for assessing local housing need’.

(2)       To note the consultation on proposed planning reforms to support the high street and increasing the delivery of new homes and delegate the Council’s response to the Planning Services Director in conjunction with the Portfolio Holder.

(3)       To note the publication of the Government’s response to the consultation on supporting housing delivery through developer contributions.

The Interim Assistant Director (Planning Policy) presented a report that sought:

(a)          Members approval of the proposed response to the MHCLG technical consultation ‘Changes to planning policy and guidance including the standard method for assessing local housing need’ which was published on 26 October with comments due by 7 December 2018.

(b)       To note the consultation on proposed planning reforms and increasing the delivery of new homes published on 29 October 2018 with comments due by 14 January 2019.

(c)       To update members on the Government’s response to the consultation on supporting housing delivery through developer contributions.

(a)       MHCLG technical consultation – Changes to planning policy and guidance including the standard method for assessing local housing need

This technical consultation followed the publication of the revised National Planning Policy Framework (NPPF) in July 2018 and the release of the 2016 based household projection in September 2018. The proposal was to alter the standard methodology for assessing local housing need to ensure it was consistent with increasing the supply of homes. Therefore, local authorities would continue to use the 2014 based household projections when using the standard method to assess the minimum number of homes needed, which meant 923 homes for this Council, rather than using the 2016 based household projections published in September. However, as Local Plans submitted for examination before 24 January 2019 could be based on existing locally assessed housing need, the Local Plan would be examined on the basis of the Strategic Housing Market Assessment figure of 518 homes per annum as set out in the Local Plan Submission Version 2017.

The Government considered the following three changes were the best way to respond to the new ONS 2016 household projections published in September 2018:

·                For the short-term, the 2014-based household projection (instead of the recently published 2016-based projection) would be used as a baseline for assessment of local housing need.

·                That lower numbers through the 2016-based projections did not qualify as an exceptional circumstance that justified a departure from the standard methodology; and

·                In the longer term, the Government would review the formula for assessing local housing need with a view to establishing a new method by the time the next projections were issued.

This would provide stability and certainty for local planning authorities and communities, ensure that planning responded not only to movements in projected household but also to price signals, and also ensure planning policy supported a housing market that worked for everyone.

The consultation document also included a number of proposed clarifications of national planning policy.

The consultation questions and the Council’s proposed draft response were detailed in the agenda.

(b)       Planning reform: Supporting the high street and increasing the delivery of new homes

The MHCLG consultation, published on 29 October 2018, set out proposals for permitted development rights (PDRs) to support the high street. This included to allow greater flexibility for change of use, to extend buildings upwards to create new homes, to remove the PDRs for telephone kiosks and  ...  view the full minutes text for item 5.

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 Cabinet Committee and the Chairman of the Cabinet Committee. Two weeks’ notice of non-urgent items is required.

That, as agreed by the Chairman and in accordance with Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules of the Constitution, the following item of urgent business be considered following the publication of the agenda:

(7A)     Epping Forest District Local Plan Update.

(1)          That the update in relation to progress in the production of the Local Plan be noted;

(2)          That the updated Local Development Scheme included as Appendix 1 be agreed and published on the Council’s website;

(3)          To note expenditure from the Local Plan to date in 2018/19 financial year, and to agree a bid for an addition to the DDF of £25,860 in 2019/20 and £353,000 2020/21 (£378,860 in total over the two financial years); and agree a DDF budget of £11,500 to support Neighbourhood Planning;

(4)          To transfer the posts within the Implementation Team to CSB from 1 April 2018 (at a cost of £316,880 in a full year) except for the Urban Design Officer post which it is proposed to transfer from 1 April 2020 (at a cost of £51,460). But retain DDF funding of £244,000 to fund the difference between Expenditure and income in 2018/19 and 2019/20.

That, as agreed by the Chairman and in accordance with Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules of the Constitution, the following item of urgent business be considered following the publication of the agenda:

            (a)     Epping Forest District Local Plan Update

The Interim Assistant Director (Planning Policy), A Blom-Cooper, presented a report that sought:

a)         To update members on the progress of the preparation of the District Local Plan.

b)         To seek agreement to an updated Local Development Scheme, the high-level project plan for the preparation of the Epping Forest District Local Plan. The proposed new scheme would supersede the earlier Local Development Scheme agreed in October 2017, with the preparation of the single District-wide Local Plan submitted to the Secretary of State for independent examination in September 2018.

c)         To agree the resources needed to match the revised Local Development Scheme and support the Implementation Team.

d)         To agree that the posts within the Implementation Team should be funded through Continuing Services Budget (CSB).

The Council had been delayed in submitting the Local Plan Submission Version for independent examination following a claim for judicial review in March 2018. When the claimant’s application for permission to appeal to the Court of Appeal was refused, the Local Plan Submission Version was submitted to the Secretary of State on 21 September 2018. Louise Phillips MA MSc MRTPI, the Inspector appointed to carry out the independent examination of the Local Plan, was currently appraising it and the representations submitted at the Regulation 19 stage. It was likely that the public hearing sessions would start in February 2019. When confirmed, the hearing dates would be publicised on the Council’s website.

The revised Local Development Scheme (appended to the agenda) set out an ambitious target of July 2019 for the receipt of (final) report, Regulation 25, and October 2019 for the expected adoption and publication, Regulation 26.

Resourcing of the Local Plan was previously agreed by Cabinet in October 2017 and a budget agreed to take the Local Plan through adoption, in accordance with the current Local Development Scheme. As a result of the delay in submission, the budget had been re-profiled to take account of the revised Local Development Scheme and identified that the overall Local Plan budget required an additional £25,860 in 2019/20 and £353,000 in 2020/21. This was largely a result of additional spend from the delay and costs incurred by the judicial review, and extra evidence based work such as transport modelling/testing, air quality and updated work for the infrastructure delivery plan (IDP).

The Neighbourhood Planning budget required £11,500 over the grant provided by the Government (to provide advice and assistance to parish councils to develop neighbourhood plans). Support has been provided through a contract with the Rural Community Council of Essex. However, the Council had incurred additional costs as a result of the unsuccessful examination of the Chigwell Neighbourhood Plan which could not be recouped through government grants and an additional £11,500 was required in 2019/20 to continue the support to parish councils who were preparing neighbourhood plans.

The Implementation Team had been created in April 2018 following a Cabinet decision on 7 December 2017 when DDF funding of £284,400 was agreed for 2018/19 and 2019/20 with an agreement to review  ...  view the full minutes text for item 7.

Exclusion

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the Proper Officer at least 24 hours prior to the meeting.

Background Papers

Article 17 of the Constitution (Access to Information) define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection one copy of each of the documents on the list of background papers for four years after the date of the meeting. Inspection of background papers can be arranged by contacting either the Responsible Officer or the Democratic Services Officer for the particular item.

The Cabinet Committee noted that there was no business which necessitated the exclusion of the public and press from the meeting.