Agenda and minutes

To confirm the minutes of the last meeting of the Committee. The minutes of the last meeting were omitted from the agenda and are contained herewith. Please bring the with you to the meeting.

RESOLVED:

That the minutes of the meeting held on 13 June 2006 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 the following substitutes had been appointed: Councillor Mrs A. Haigh for Councillor G. Stollar, Councillor D. Collins for Councillor P. Smith and Councillor D. Stallan for Councillor L. Wagland.

RESOLVED:

That, in the absence of the Vice Chairman, Councillor Ann Haigh be appointed as Vice Chairman for the duration of the meeting.

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

No declarations of interest were made at the meeting.

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

The committee considered a recommendation of Area Plans Sub Committee C that planning permission be granted for retention of use of an existing building and use of the site at Spindrift, Bournebridge Lane, Stapleford Abbotts for residential purposes on a permanent basis.

The application had been considered by Plans Sub Committee C on 7 June 2006 with a recommendation that planning permission be refused on the basis of it being contrary to Policy GB8 of the adopted Local Plan and inappropriate development in the Green Belt in context of Policy GB2 of the Plan and Policy C2 of the Essex and Southend on Sea Replacement Structure Plan.

Senior Planning Officer advised the committee of the main considerations of the application, which were: -

(i).        The site consisted of a Chalet type bungalow on Bournebridge Lane which dated back to the 1970s. The previous owner had been given personal permission to use the building as a dwelling until his death in 1997.

(ii).       The current owners had previously submitted a planning application for continued residential use of the site, which had been refused in 1999 on Metropolitan Green Belt grounds.

(iii).      A subsequent Enforcement Notice had been issued in 1999 against the residential use which had not been complied with by the owners and had not been followed up by officers since that time. Members noted that this Enforcement Notice was still enforceable unless withdrawn.

The Senior Planning Officer stated that the building itself was not of permanent construction and therefore, in policy terms, not suitable for a permanent dwelling and consequently only suitable for recreational use. Therefore its current use was considered as being contrary to adopted policy.

Members of the Area Plans Sub-Committee were concerned about the lack of action to ensure compliance with the Enforcement Notice of 1999 and felt that the enforcement inactivity by the authority could be considered to have created very special circumstances in this case, which could overcame the policy objection to the proposal.

Furthermore, the committee considered that most of the houses in Bournebridge Lane had originally been recreational chalets. The only remaining chalet was Spindrift. The committee also considered that the property’s construction, if it had been built of brick, would have overcome some of the policy concerns. The committee agreed with the views of Area Plan Sub-Committee C that special circumstances existed in this case namely: -

(i)         The length of time the family had lived there;

(ii)        The couple’s child attended a local school;

(iii)       The lack of enforcement in this case created very special circumstances; and

(iv)       The family would become homeless if evicted .

RESOLVED:

(1).             That planning permission EPF/0248/06 be granted for the retention of use of the existing building at Spindrift, Bournebridge Lane, Stapleford Abbotts, and the site for residential purposes subject to the following condition: -

“Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended (or any other order revoking, further amending or re-enacting that order) no development  ...  view the full minutes text for item 12.

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.

There was no further business for consideration at the meeting.