Agenda and minutes

To confirm the minutes of the last meeting of the Sub-Committee held on 27 July 2005 (attached).

RESOLVED:

That the minutes of the Committee held on 27 July 2005 be taken as read and signed by the chairman as a correct record.

(Head of Research and Democratic Services)  To report the appointment of any substitute members for the meeting.

It was noted that Councillor R Morgan was substituting for Councillor Mrs D Borton and that Councillor P McMillan was substituting for Councillor Ms S A Stravrou at the meeting.

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

(a)            Pursuant to the code of member conduct, Councillors M Colling, R Gadsby, A Grigg, P McMillan, B Sandler and Mrs P Smith declared a personal interest in agenda item 8 (Ongar Motors and Transport Co., The Borough Greensted Road, Ongar) by virtue of the Conservative Group Leader being the Chairman of Epping Forest PCT. The Councillors had determined that their interests were not prejudicial and indicated that they would remain in the meeting during the consideration and voting on that item;

(b)            Pursuant to the code of member conduct, Councillor K Wright declared a personal interest in agenda item 8 (Ongar Motors and Transport Co., The Borough Greensted Road, Ongar) by virtue of being a member of Ongar Parish Council. The Councillor had determined that his interest was not prejudicial as he had not taken any part in discussions by the Parish Council and indicated that he would remain in the meeting during the consideration and voting on that item.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 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 further items of urgent business to be considered at the meeting.

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

The Committee considered an application for the erection of a new house adjacent to 91 Monkswood Avenue, Waltham Abbey. The application had been referred to the Committee by Area Planning Subcommittee D in order that Planning issues and Human Rights Issues of the tenants of the two adjacent properties could be considered.

Advice on the Human Rights of the two adjacent properties had been obtained from Legal Officers who had advised that:

(1) The tenants' objections to the work to be carried out were a matter between themselves and their landlord and was dependant on the terms of their tenancy/lease agreement.

(2) Generally speaking landlords as owners of property were entitled to carry out works on their properties and provided they acted in accordance with the law and the tenancy/lease agreement they were within their rights if not the tenants' remedy was through private legal action.

(3) If the works required permission then the Local Planning Authority’s obligation was to apply the usual material considerations in making its decision - the fact that the occupying tenants are objecting to the works could be taken into account as with all other objections but if the balance of considerations is in favour of granting the planning permission the LPA could make that decision.

(4) The Human Rights Act (HRA) did not regulate relations between private individuals including those between a private landlord and its tenant.

(5) The HRA was aimed at public authorities and the general legal presumption was that as long as the public authority is acting in accordance with national legislation (in this case the Town and Country Planning Act 1990 as amended) then it was acting in accordance with the HRA, and in exercising its planning functions the LPA could only apply the principles laid down in the planning legislation in making its decisions.

The officer’s conclusion was that Human Rights issues in this case do not impact on the Committee decision.

The Committee gave consideration to the planning merits of the application, particularly whether amenity space gave any ground for refusal. They noted that even with the construction of the new property, adequate amenity living space was retained for neighbouring properties and agreed that, in planning terms, the application was acceptable.

RESOLVED:

That planning application EPF/1100/05 on land adjacent 91 Monkswood Avenue, Waltham Abbey be granted subject to the following conditions:

1.            To be commenced within 5 years;

2.            Materials shall match existing;

3.            No further side windows without approval;

4.            Submission of flood risk assessment;

5.            Prior to the commencement of the development, details of the proposed surface materials for the driveway shall be submitted to and approved by the Local Planning Authority.  The agreed surface treatment shall be completed prior to the first occupation of the development.

6.            Prior to commencement of the works hereby approved pedestrian site lines for the access to the new dwelling and parking spaces shall be submitted and approved in writing by the Local Planning Authority and thereafter maintained.

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

The Committee considered an application referred by Area Planning Subcommittee ‘C’ for the erection of a Medical and Day Care Centre with associated parking facilities on land formerly used for lorry parking at The Borough, Greensted Road, Ongar.  The Subcommittee had recommended the application for approval.

The main issues of the application were whether the proposal was acceptable in the Green Belt balanced against the established need for the community facility building and the acceptability of the proposals for the site which was within the 1 in 100 year event flood plain.

The Environment Agency had objected to the development because it was a site at risk from flooding from Cripsey Brook, and the committee received a presentation on the views of the Environment Agency and noted representations by the applicants and the Parish Council in support of the application.

The Committee, on balance, concluded that the proposal was acceptable in planning terms and considered that the benefits of a health care facilities in a purpose built building, much needed to serve the population of Ongar, outweighed the threats of flooding.

RESOLVED:

That Planning Application EPF/1480 be granted subject to the conditions outlined in Appendix 1 to these minutes and to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 to secure the following:

1.         To ensure that at all times the void underneath the proposed building is not used for storage purposes.

2.         The applicant/owner carry out regular inspections of the void underneath the whole of the proposed building and the metal mesh grilles surrounding the void are free of any natural or manmade debris that would block and/or impede and therefore displace the flow of flood waters.

3.         Should any natural or manmade debris occur because of a flooding event, then the applicant/owner must clear this immediately and before the building or that part of the building affected is re-occupied.

4.         The building is not used between the hours of 10pm until 6am the following day in order to avoid persons being on site overnight.

5.         The provision of 4 No. uncontrolled crossings each with a dropped kerb/tactile paving at the A128 High Street/The Borough Road junction.

6.         The bringing up to current Essex County Council standards of both bus stops located at the same junction.

7.         A financial contribution to cover the cost of providing a foot/cycle path along the alignment of Footpath 14 (located adjacent the north and northeast boundary of the site that links Rodney Road with the High Street).

8.         A contribution towards an A128 Route Study (incident black spots, pedestrian safety etc).

9.         A Travel Plan.