Issue - meetings

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

The Committee gave further consideration to an application for the erection of a new five bedroomed house on land next to Victory Hall in Hainault Road, Chigwell. The Committee had last considered the matter at their meeting on 5 April 2011 (minute 38 refers) when they had given an extension of time for the completion of an Agreement under Section 106 of the Town and Country Planning Act 1990 to secure the provision of additional car parking for the adjacent Victory Hall and the transfer of associated land to the Council.

The Committee noted that, as yet, no legal agreement had been completed due to problems in its execution and the timescale for the completion for the Council to accept the car parking given the existing lease of Victory Hall.

The Committee heard from the Applicants Agent.

Following negotiations with the Applicant’s Agent an alternative planning obligation had been proposed, whereby the Applicant would agree to contribute the land and the cost of constructing the car parking.  Accordingly, if the Council considered it appropriate at a later date, it could construct the parking at no additional public cost.  However, if at that time it was considered that there would be a more positive community benefit which could be secured through the provision of an alternative community benefit, either within the Victory Hall site or elsewhere within the locality, then the contribution could have been put towards that purpose. 

The Committee, however, were of the view that within the original special circumstances of the development, the provision of the new spaces was a key factor and resolved that the contribution made by the developer should be to provide the parking spaces originally envisaged by the approval given on 9 June 2009 and for other purpose.

            Resolved:

That, subject to the completion of a Section 106 legal agreement within six calendar months to secure:

(a)        The transfer of land adjacent to the Victory Hall site to Epping Forest District Council, at no cost;

(b)        The payment of the sum of £31,400 to Epping Forest District Council to be spent on the construction of parking bays as envisaged by the original planning consent EPF/1767/09; and

(c)        The payment (sum to be confirmed) of the Council’s costs incurred in maintaining the site for a period of five years;

planning application EPF/0247/09 be granted subject to the conditions previously imposed by the Committee at their meeting on 9 June 2009 namely:

(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)        Details of the types and colours of the external finishes shall be submitted for approval by the Local Planning Authority in writing prior to the commencement of the development, and the development shall be implemented in accordance with such approved details.

 Reason:- To ensure a satisfactory appearance in the interests of  ...  view the full minutes text for item 31

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

The Committee received a report from Officers which outlined the current position with a site adjacent to Copperfield Lodge, Hainault Road, Chigwell which was subject to a previous planning approval linked to a the prior completion of a Section 106 Agreement. The agreement was required to secure the provision of additional car parking for the adjacent Victory Hall and the transfer of the appropriate portion of the land to the District Council’s ownership prior to the commencement of the development. 

Despite planning permission being granted for the creation of the additional car parking spaces for Victory Hall by this Committee in December 2009, no legal agreement had been completed to secure the planning obligations.  Further representation had been received from a neighbour reiterating their objection.

The Committee were of the view that there still was a need for the additional parking on the adjacent site and considered the absence of a legal agreement to secure the provision of the car parking , the case for very special circumstances to override Green Belt harm would be weakened, to the extent that the development would no longer be justified. The Committee decided that should the agreement not be completed and signed by the date of the June 2011 meeting of the Committee the item be reported back for further consideration.

            Resolved:

That should the Section 106 agreement for this site not be completed and signed by the date of the June 2011 meeting of the Committee the item be reported back for further consideration.

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

The Committee considered an application which had been referred by the Area Plans Sub Committee South for the construction of a five bedroomed house on a green belt site in Hainault Road, Chigwell. The application site was adjacent to Victory Hall and the applicant proposed, as part of the scheme, that a portion of the site on the northwest perimeter be assigned to the District Council to provide additional parking for the Hall and nearby library. The area of parking proposed was, however, outside the red lined application site.

The report to the sub-committee had carried a recommendation from officers to refuse planning permission on green belt grounds which had not been upheld by majority at the Area Subcommittee meeting.

The debate at the sub-committee meeting had centred around whether the site fulfilled the purposes of being included within the green belt; whether there was a need for the provision of additional parking spaces for Victory Hall; and whether the provision of the additional car parking spaces was sufficient grounds to justify an otherwise inappropriate development within the green belt. 

The Committee heard from an objector to the application and noted that the proposed house design had been subject to further design revision, making it smaller.

The Committee where concerned that the proposed parking area was outside the application site and, as such, could not be conditioned as part of the planning application. Members were advised that a Section 106 Agreement could be put in place to secure the provision of laid out parking spaces and the sites ownership transfer to the District Council before the implementation of the scheme. Members considered that the parking was needed at the location and that the proposed site of the house would fill a gap in the existing built frontage on Hainault Road and was supported by many local people. The Committee therefore considered a proposal to grant permission for the scheme subject to conditions suggested by officers and with a Section 106 Agreement to ensure the provision of the parking before commencement of the scheme. Members asked further that the application for the parking scheme come back to the Committee for consideration.

Resolved:

(1)        That, subject to the completion of a Section 106 Agreement to secure the provision of car parking and transfer of the appropriate portion of the land to the District Council’s ownership before implementation of the planning permission, EPF/0247/09 on land adjacent to Copperfield Lodge, Hainault Road, Chigwell be granted 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.         Details of the types and colours of the external finishes shall be submitted for approval by the Local Planning Authority in writing prior to the commencement of the development, and the development shall be implemented in accordance with such approved details.  ...  view the full minutes text for item 7