Agenda and minutes

1.         This meeting is to be webcast. Members are reminded to us the microphone system when 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.

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 Committee noted that the meeting was to be webcast.

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

The Committee noted that Councillor D Stallan was substituting for Councillor J Hart.

(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 D Stallan declared a personal interest in item 6 (Blunts Farm, Coopersale Lane, Theydon Bois) by virtue of being the Chairman of an Overview and Scrutiny Committee on Golf Course Development. 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 Collins declared a personal interest in item 6 (Blunts Farm, Coopersale Lane, Theydon Bois) by virtue of being a neighbour of the site. The Councillor indicated that she proposed to stay in the meeting as a non-member of the Committee and take part in the debate 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 urgent business for consideration at the meeting.

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

The Committee received a report regarding the current progress of an appeal against Enforcement Notices relating to land at Blunts Farm, Theydon Bois. The Committee, at its meeting on 17 January 2006 had agreed to issue enforcement notices and stop notices in respect of operational development and a breach of condition 12 of the planning permission for the golf course on the Blunts farm site granted on 23 April 2002 under planning permission. EPF/765/99.

Enforcement Notices under section 172 of the Town & Country Planning Act 1990 had been issued by the Council on 25 January 2006.  No stop notices were issued since the matters the Council wished to stop, ( the importation of fill material), had already ceased following the withdrawal of an Exemption Certificate to import waste to the land by the Environment Agency.

The Planning inspectorate had confirmed that these notices were subject to appeal on 31 May 2006.

The Committee had considered the matter again on 13 June 2006 and had resolved to give authority to the Head of Planning Services and the Head of Legal, Administration and Estates Services to vary the 2 enforcement notices issued 25 January 2006 so as to require the site to be remodelled and landscaped in accordance with a draft methodology agreed by the Council which essentially sought to achieve a “best fit” landscape solution based on infilling voids on the site using material sourced form the site in order to minimise HGV movements to and from it.

At the same meeting the Committee had also resolved to authorise the issuing of two new enforcement notices as duplicates of the varied notices.  The purpose being to cover the possibility that the Secretary of State found that the variation to the original notices was of too great a nature to be treated as a variation and subsequently quashed them.

The varied and duplicate enforcement notices were issued on 4 August 2006.

The Planning Inspectorate had confirmed they were aware of the duplicate notices because they had received appeals against them and had also commented that the duplicate notices appear to cover the alleged breaches in the original notices or perhaps even more so and had now requested confirmation of whether the Council would withdraw the varied original notices as to do otherwise would mean the applicant incurring two sets of application costs. If the council were to withdraw the first set of Enforcement Notices it would leave the second set of ‘new’ notices to form the basis of any appeal hearing.

The Planning Inspectorate had also indicated informally that they took the view that the issue of the duplicate notices would result in the appellant incurring ‘unnecessary’ costs because the appeals against them were duplicates of the appeals against the original notices.

The main issue for the Council was how to minimise the risk of having to pay a claim for costs whilst at the same time protecting its position in relation to the appeals, ensuring that they continued and securing the  ...  view the full minutes text for item 29.