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 reported that due to technical difficulties the meeting would not be webcast.

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

It was noted that Councillor Chana was substituting for Councillor Hart and Councillor Sartin was substituting for Councillor Gadsby.

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

(a)            Pursuant to the Councils Code of Member Conduct, Councillor R Frankel declared a personal interest in items 7 and 8 (Land Rear of Fyfield Hall, Fyfield) by virtue of being a member of Planning Subcommittee B/C who had originally considered the application. The Councillor indicated that he proposed to stay in the meeting and take part in the debate on that item.

(b)            Pursuant to the Councils Code of Member Conduct, Councillor D Kelly declared a personal interest in items 7 and 8 (Land Rear of Fyfield Hall, Fyfield) by virtue of being the local ward member. The Councillor indicated that he proposed to stay in the meeting and take part in the debate on that item.

To confirm the minutes of the last meeting of the Committee held on 6 February 2007 (attached)

Resolved:

That the minutes of the meeting held on 6 February 2007 be taken as read and signed by the Chairman as a correct record.

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

The Committee were asked to consider a recommendation of Area Plans Sub-Committee B/C that planning permission be granted for the conversion of barns to five residential units and erection of six new houses at Fyfield Hall, Willingale Road, Fyfield.

This application sought the conversion of barns and redevelopment of buildings for residential use at Fyfield Hall.  Three historic barns and a listed dovecot were to be converted to create 5 residential units (2 two bed and 3 three bed) and a range of commercial buildings removed and replaced by a new development of 6 residential units (a five bed farmhouse-style dwelling, 4 semi detached cottages and a 3 bed barn style dwelling). The development would also ensure the removal of a number of former agricultural buildings of a greater footprint on the site and the long-term maintenance of and public access to a riverside walk and meadow via a section 106 agreement.

The application was complex and was covered by a number of local plan policies. The main factors were: Green Belt development, impact on setting of the listed buildings, loss of employment land, sustainability, landscaping and nature conservation, access, highway safety and public footpaths and land drainage. 

The main issue in determining the application concerned whether very special circumstances exist in this case, which should allow an exception to be made to Green Belt policy. Officer had recommended to the Subcommittee that the application should be granted.

The Area Plans Sub Committee agreed with the officer’s report that very special circumstances exist in this case. These are: the very significant improvement to the setting of the Grade I Listed Fyfield Hall from the removal of inappropriate buildings and uses from its setting, an overall increase in the openness of the site, a significant reduction in traffic movements in the rural area, the removal of open storage and parking and the incorporation of a wildflower meadow within the scheme. 

The Sub-committee members had also felt that there was a need to provide a contribution to affordable housing in the district and local community facilities. Following discussions with the applicant such contributions had been secured. 

The Committee concurred with the views of the Subcommittee and the officer recommendation that planning permission should be granted and noted that the scheme had received universal local support. The Committee resolved accordingly.

Resolved:

That, subject to the prior completion of a satisfactory legal agreement under section 106 of the Town and Country Planning Act 1990 to secure:

(i)            the long term maintenance of and public access to the riverside walk and meadow; and

(ii)            a commuted sum of £70,000 towards affordable housing across the District; £20,000 towards the extension and refurbishment to the Fyfield Village Hall; and £10,000 towards improvements to children’s play facilities in the village, planning permission EPF/2230/05 for the conversion of barns to five residential units and erection of six new houses at Fyfield Hall, Willingale Road, Fyfield, be granted subject to the following conditions:

(1)            The development hereby permitted must  ...  view the full minutes text for item 41.

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

The Committee considered and approved the linked Listed Building application for development on land at Fyfield Hall, Fyfield.

Resolved:

That Listed building planning application EPF/2231/05 for the removal of 20th Century agricultural buildings and conversion of buildings for residential use within curtilage of Grade I listed building at Fyfield Hall, Fyfield be granted subject to the following conditions:

(1)            The works hereby permitted must be begun not later than the expiration of three years, beginning with the date on which the consent was granted;

(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.

(3)            Additional drawings that show details of proposed new windows, doors, rooflights, eaves, verges, fascias, cills, structural openings and junctions with the existing building, by section and elevation at scales between 1:20 and 1:1 as appropriate, shall be submitted to and approved by the Local Planning Authority in writing prior to the commencement of any works.

(Head of Planning and Economic Development) To consider a report on the proposed legal agreement (to be circulated separately).

At the meeting of the Committee on 6 February 2007, it had been resolved to grant outline planning permission for the erection of 119 dwellings with ancillary facilities at a site at White Lodge/The Limes in Sewardstone Road, subject to various conditions and to a section 106 legal agreement.  Members had asked at that meeting to receive a further report on the terms of such an agreement.

Since the last meeting the application had been referred to the Secretary of State through the Government Office for the East of England who had now confirmed that they were happy for the Council to determine the matter and would not call-in the application for further review.

However, the Council was now aware that the London Borough of Waltham Forest had written a preliminary letter to the Secretary of State seeking responses to a number of concerns and indicating that they were minded to seek a judicial review of the process. The Council had also received a further letter from a Waltham Forest Councillor reiterating objections to the scheme, although it was noted that such objections had been brought to the attention of members at the previous meetings.

The Committee were asked to consider the draft agreement and made comments on the dispute procedure that officers would incorporate into the final agreement.

It was considered prudent to authorise officers to continue the preparation of the final agreement and to enter into the section 106 agreement subject to being satisfied that any judicial review proceedings were either unsuccessful or not brought within the time scale as set out in the Civil Procedure Rules. The Committee authorised officers accordingly.

Resolved:

(1)            That the Committee notes progress with finalising the Heads of Terms of the section 106 agreement and authorises officers to proceed to the preparation of the final document, reporting back to this Committee only in the event that the current Heads of Terms fail to be concluded;

(2)            That the Head of Legal, Administration and Estates be authorised to conclude and enter into the Section 106 agreement on behalf of the Council subject to either:

(i)            the London Borough of Waltham Forest confirming that it is not proceeding with Judicial Review or fails to issue proceedings within the time limits set out in the Civil Procedure Rules; or

(ii)            any action for Judicial Review is unsuccessful; and

(3)            That if any application for Judicial Review is successful then the matter be referred back to the Committee.

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.

The Committee noted that there were no further items of urgent business for consideration at the meeting.