Agenda and minutes

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 and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

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”

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 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.

To confirm the minutes of the last meeting of the Sub-Committee.

RESOLVED:

That the minutes of the meeting held on 22 April 2009 be taken as read and signed by the Chairman as a correct record.

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J Hedges declared a personal interest in the following item of the agenda by virtue of being a member of Epping Town Council. The Councillor had determined that her interest was not prejudicial and she would stay in the meeting for the consideration of the application and voting thereon:

• EPF/0454/09 – 186 High Street, Epping

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in the following item of the agenda. The Councillor had determined that his interest was prejudicial and he would leave the meeting for the consideration of the application and voting thereon:

• EPF/0454/09 – 186 High Street, Epping

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs D Collins declared a personal interest in the following item of the agenda. The Councillor had determined that her interest was prejudicial and she would leave the meeting for the consideration of the application and voting thereon:

• EPF/0111/09 – Land adj Horseshoe Farm, London Road, North Weald

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs A Grigg and D Stallan declared personal interests on the following items of the agenda by virtue of being members of North Weald Parish Council. The Councillors had determined that their interest was not prejudicial and they would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/0111/09 – Land adj Horseshoe Farm, London Road, North Weald
• EPF/0448/09 – Hanger 1, North Weald Airfield, Merlin Way, North Weald

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor J Philip declared a personal interest in the following item of the agenda by virtue of being a member of Theydon Bois Parish Council. The Councillor had determined that his interest was not prejudicial and he would stay in the meeting for the consideration of the application and voting thereon:

• EPF/0481/09 – The Cottage, Loughton Lane, Theydon Bois

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.

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

(Director of Planning and Economic Development)  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 – 6 be determined as set out in the schedule attached to these minutes.

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

The Principal Planning Officer presented a report regarding ENF/0496/06 – 271 High Street, Epping. The Sub-Committee were asked whether they would like to give formal consideration to the ground floor use of 271 High Street, Epping prior to action being taken to secure compliance with the requirements of the enforcement notice issued on 12 October 2006, in respect of the unauthorised use of the premises as a mixed use for purpose within Use Class A1 (shops) and Use Class A3 (restaurants and cafes).

The Sub-Committee were informed that planning permission for Use Class A3 had been refused under powers delegated to officers, as the use had been contrary to planning policy TC4 on 15 September 2006. The use had continued and the District Council had issued an enforcement notice on 12 October 2006, which had been appealed against but dismissed and upheld with minor variation by the Secretary of State on 6 August 2007. Nero Holdings Ltd challenge in the High Court also failed on 12 March 2009. The compliance date had been 12 May 2009 and failure to comply with the notice would be an offence for which the occupier and those with an interest in the premises could be prosecuted.

The Sub-Committee were asked to consider whether officers should pursue with the enforcement notice or to request that Nero Holdings Ltd submit a planning application to be put before Members andthe Sub-Committee, to consider the planning merits of the existing use.

RESOLVED:

That, officers enter into dialogue with Nero Holdings Ltd to give the opportunity of formal consideration for the ground floor use of 271 High Street, Epping, the suggestion being to submit a planning application within 4 weeks, prior to enforcement action being taken.

(Director of Planning and Economic Development) Schedules of planning applications determined by the Head of Planning and Economic Development under delegated powers since the last meeting of a Plans Subcommittee may be inspected in the Members Room or at the Planning and Economic Development Information Desk at the Civic Offices, Epping.

The Sub-Committee noted that schedules of planning applications determined by the Head of Planning and Economic Development under delegated authority since the last meeting had been circulated and could be inspected at the Civic Offices.