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 made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

The Committee, in noting the apologies for absence of the Chairman, resolved to appoint a Vice Chairman for the duration of the meeting.

            Resolved:

That Councillor A Green be appointed as Vice Chairman of the Committee for the duration of the meeting.

To confirm the minutes of the last meeting of the Committee held on 7 October 2008. (attached)

Resolved:

That the minutes of the Committee meeting held on 7 October 2008 be taken as read and signed by the Chairman as a correct record.

(Assistant to the Chief Executive)  To report the appointment of any substitute members for the meeting.

It was noted that no substitutes had been appointed for the meeting.

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

Pursuant to the Councils Code of Member Conduct, All members of the Committee declared a personal interest in agenda items 11 (92 Crooked Mile, Waltham Abbey) and 12 (162 Forest Road, Loughton) by virtue of the applicants being District Councillors. All members of the Committee stayed in the meeting and took part in the debate on those items.

Additionally, Pursuant to the Council’s Code of Member Conduct, Councillor J Wyatt declared a pecuniary interest in item 8 (13 Windsor Wood, Waltham Abbey) by virtue of being a member of Area Subcommittee West and indicated that he proposed to leave the meeting for the duration of the that item.  Councillor Wyatt also declared a personal interest in relation to items 9 (Unit 1, Highbridge Retail Park) and 10 (1 Cartersfield Road, Waltham Abbey) by virtue of being a a member of Area Subcommittee West who had referred the matter to this Committee. Councillor Wyatt indicated that he had received new reports on these sites and would therefore consider the applications based on those reports and that he therefore proposed to stay in the meeting for the duration and voting on those items.

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 business to be transacted at the meeting otherwise than on the agenda.

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

The Committee considered a further report on the proposed Section 106 agreement in respect of a extension development at 92 Crooked Mile, Waltham Abbey. The agreement sought to secure that:

(i)         the granted extension was solely used as accommodation ancillary to the existing house and not occupied or be used for any independent purpose;

(ii)        the extension was not severed from or sold leased or let separately from the existing house; and

(iii)       the connecting internal doorway between the extension and existing house was provided and retained in perpetuity.

Additionally the Committee noted that, when they had last considered this site in August 2008, they had taken account of revised plans showing how additional parking was to be provided within the application site but had not imposed these parking arrangements via condition at that time. The Committee were requested to consider whether such a further condition should be imposed.

The Committee heard from a local resident in favour of the agreement and further condition.

Resolved:

(1)        That the proposed wording of the legal agreement under section 106 of the Town and Country Planning Act 1990 which is required to be signed prior to issue of planning consent for the development at 92 Crooked Mile, Waltham Abbey, be agreed; and

(2)        That Planning Permission EPF/2358/08 at 92 Crooked Mile, Waltham Abbey be subject to a further condition to be numbered (5) to ensure that parking provision is made and retained as follows:

‘(5)       Prior to the first occupation of the extension hereby permitted, the existing garage shall be altered and the two parking spaces and turning area shall be provided as shown on the amended plans references C.H.6D and C.H.7, and thereafter retained so as to provide off street parking to serve the development at the property.  Any security door provided at the front of the drive through section of the garage shall only be in the closed position if the property is unoccupied, or during the hours of darkness.

Reason:- The property lies on a busy road linking Waltham Abbey to Harlow, and near a bend on that road; it follows that parking on Crooked Mile to the front of the property is not very practical or safe.  The property also has a side/rear boundary to Hereward Close which is a cul-de-sac, which presently gives access to a double garage within the curtilage of the property, but which neither provides much on street parking for residents or visitors or for vehicles serving these properties.  The proposal has responded to these circumstances by suggesting alterations to the arrangement of the garage so as to provide extra parking and turning within the site, and it is important that these are provided and retained, in the interests of road safety and to secure the amenities of neighbours, but not in such a way as to leave the property unsecured.’

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

The Committee were asked to give fresh consideration to an application initially considered by Area Planning Subcommittee West as the applicant did not have the opportunity to address the subcommittee.

The application sought the removal of a sycamore tree in the rear garden of 13 Windsor Wood, Waltham Abbey and its replacement with a different tree. The applicant addressed the Committee on the reasons for the request.

The committee were of the view that in this case the negative impact of the tree on the house, the type of tree and local support for the proposal, meant that the application for its removal should be supported.

Resolved:

That Planning Application EPF/1840/08 for felling of a preserved sycamore tree at 13 Windsor Wood, Waltham Abbey be granted subject to the following conditions:

(1)        A replacement tree or trees, of a number, species, size and in a position as agreed in writing by the Local Planning Authority, shall be planted within one month of the implementation of the felling hereby agreed, unless varied with the written agreement of the Local Planning Authority.  If within a period of five years from the date of planting any replacement tree is removed, uprooted or destroyed, dies or becomes seriously damaged or defective another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason:-  To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, so as to ensure that the amenity value of the existing tree or trees is maintained by the provision of adequate replacement.

(2)        The felling authorised by this consent shall be carried out only after the Local Planning Authority has received, in writing, 5 working days prior notice of such works.

Reason:-  To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, so as to ensure that the Local Planning Authority is made aware in advance of the intention to carry out works in accordance with this permission.

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

The Committee considered an application for the variation of a condition of a previous planning permission (EPF/808/93) to allow food retailing in one of the units within Highbridge Retail Park in Waltham Abbey. The Committee were asked to consider the application concurrently with another application at 1 Cartersfield Road, Waltham Abbey under Planning Application number EPF/1305/08 which related to a proposal for a further food store within Waltham Abbey.

Both applications had been referred to the Committee by Area Planning Subcommittee West who were recommending the grant of both applications.

Officers, in presenting the report, drew members attention to the retail impact assessments undertaken by both sets of applicants which suggested that one further discount store could be supported within Waltham Abbey without effecting the vitality of the existing town centre. Officers had assessed the applications and were of the view that the proposed development at Highbridge Street was more likely to lead to ‘linked trips’ to the main shopping area.

The proposal at 1 Cartersfield Road was more likely to lead to ‘linked trips’ to the Tesco store. Additionally, the Cartersfield Road was zoned for employment uses with a preference for community use if this was not possible. The Committee noted the proposed terms of a planning obligation offered by the applicants of the Cartersfield Road site.

The Committee received representation from the applicants agents from both sites.

The Committee questioned the effect on the vitality of the town centre and why the Subcommittee had felt that both applications should be granted.  In response the Planning Officer indicated that the Impact Assessments had been reviewed independently, but only based upon the impact of one store. This was on the premise that there was capacity for one further store of 1600m2 floor space during the period up to 2011. The Subcommittee had considered that the two proposals catered for different markets and would aid shopping within Waltham Abbey and therefore would not effect the vitality of the town.

The Committee were of the view that the two proposals would not materially effect the town centres vitality and concurred with the views of the subcommittee. The proposals would add variety of shopping on both sides of the town. The proposals were agreed subject to minor clarification as to the approved plans and the Use Classes Act quoted for EPF/1305/08.

Resolved:

That Planning Application EPF/1771/08 at Unit 1, Highbridge Retail Park, Waltham Abbey be granted subject to the following conditions:

(1)        Prior to commencement of the site for food retail use, the proposed food retail floorspace shall be identified on a plan and submitted to and agreed in writing by the Local Planning Authority, and shall remain as such.

Reason:- To ensure the area utilised meets the requirements set out in the submitted retail assessment.

(2)        The food retail floorspace, as identified and agreed in writing by the Local Planning Authority, shall not sell, or advertise to sell; tobacco products, loose confectionary, newspapers, magazines, greeting cards, lottery tickets or scratch cards;  ...  view the full minutes text for item 35.

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

The Committee chose to consider the application for the Cartersfield Road site concurrently with the Highbridge Road Retail Park site under minute 35 of these minutes. For the substantive record of the discussion please see that minute.

The proposals were agreed subject to minor clarification as to the approved plans and the Use Classes Act quoted for EPF/1305/08. The committee also noted the proposals by the developer to enter into a section 106 agreement and/or a unilateral undertaking covering contribution to public transport, road marking, employment from local area, services to be provided by the proposed store and ensuring a ‘discount’ type store.

Resolved:

That, subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 and/or unilateral agreement to secure:

(a)        A financial contribution of £54,000 towards public transport infrastructure in the vicinity of the site;

(b)        The provision of a financial contribution of £5,000 to fund necessary Traffic Orders/Road Markings for both sides of Cartersfield Road along the length of the development;

(c)        the developer ‘using all reasonable endeavours’ to recruit local staff; and

(d)        operation as a discount store with limitations on product lines, restrictions on non food retail floor area and store services;

Planning Application EPF/1305/08 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)        The development shall be carried out in accordance with the approved plans unless otherwise agreed in writing with the Local Planning Authority.

Reason: - In order to ensure that the development conforms with the approved plans, and for the avoidance of doubt.

(3)        The food retail floorspace, as identified and agreed in writing by the Local Planning Authority, shall not sell, or advertise to sell; tobacco products, loose confectionary, newspapers, magazines, greeting cards, lottery tickets or scratch cards; and shall not contain a pharmacy, dry cleaners, post office services, cash machine, butchers, fishmongers or bakers, unless otherwise agreed in writing by the Local Planning Authority.

Reason: - The submitted retail assessment was based on a discount supermarket that offers limited goods and services, and as such would not be detrimental to the vitality or viability of the town centre.

(4)        The gates to the car park shown on plan ref: 2 (amended 28/10/08) shall be installed and be in full working order prior to occupation of the site. These gates shall only be left open during the hours that the store is open, and one hour before and after, and shall be closed and secured at all other times unless otherwise agreed in writing by the Local Planning Authority.

Reason: - To ensure that the car park is not used outside of the store opening times to the detriment of neighbouring residential properties and for the purposes of crime prevention.

(5)  ...  view the full minutes text for item 36.

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

The Committee consider an application made by a Councillor for a roof extension and raising of a first floor flank wall at 162 Forest Road, Loughton. The committee considered that the extension should be granted but asked that an additional condition be placed upon the application to ensure that windows in the southern flank wall should be of obscured glazing to avoid overlooking of neighbouring properties.

Resolved: 

That Planning Application EPF/1909/08 at 162 Forest Road, Loughton 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)        Materials to be used for the external finishes of the proposed extension, shall match those of the existing building.

Reason: To safeguard the visual amenities of the locality.

(3)        The window opening in the south east facing flank wall shall be fitted with obscured glass and that part of its frame up to 1.7m above internal floor level shall be fixed.  The window and frame shall be permanently retained in that condition.

Reason:-  To prevent the overlooking of neighbouring properties.

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

The Committee considered an application for a single storey side extension at Oak Lodge, Woolmongers Lane, High Ongar. The application was contrary to current policy as the percentage increase in floorspace was above that set by Policy GB14A. Members of Area Planning Subcommittee East had considered that the percentage increase was only just above that allowed, would not have significant impact on neighbouring properties and that permitted development rules had changed from 1 October 2008 which had relaxed restrictions on domestic extensions. The Committee considered that the views of the Area Planning Subcommittee should be supported and amounted to very special circumstances to override Green Belt Policy in this instance.

Resolved:

That Planning Application EPF/1765/08 at Oak Lodge, Woolmongers Lane, High Ongar 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)        Materials to be used for the external finishes of the proposed extension, shall match those of the existing building.

Reason: To safeguard the visual amenities of the locality.

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

The Committee considered an application for a replacement dwelling at The Meadow in Pedlars End, Moreton. The application had stood referred to the Committee from Area Planning Subcommittee East with a recommendation for approval. Officer recommendation had been to refuse permission on Green Belt and appearance grounds.

The Committee agreed with the view of the Subcommittee, in that it improved the appearance of the building and that its site, within four large dwellings had set a precedent on the type of building that would be acceptable.

The Committee agreed that the proposal would not cause overlooking and therefore agreed the removal of a condition relating to windows on the flank walls of the proposed dwelling.

Resolved: 

That Planning Application EPF/1478/08 at The Meadow, Pedlars End, Moreton 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 the permission 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 visual amenity.

(3)        All construction/demolition works and ancillary operations (which includes deliveries and other commercial vehicles to and from the site) which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the amenities of noise sensitive properties.

(4)        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 generally permitted by virtue of Part 1, Class A, B and E shall be undertaken without the prior written permission of the Local Planning Authority.

Reason:- The specific circumstances of this site warrant the Local Planning Authority having control over any further development.