Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chief Executive will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

The Assistant to the Chief Executive reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

To confirm the minutes of the last meeting of the Committee held on 7 April 2009 (attached).

Resolved:

That the minutes of the meeting held on 7 April 2009 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 there were no substitutes at this meeting.

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

Pursuant to the Councillors Code of Conduct, Councillors B Sandler, K Chana, G Mohindra and L Wagland declared personal interests in item 10 (Grange Farm, Chigwell) by virtue of being members of Chigwell Parish Council. The members remained in the meeting for the duration of the discussion and voting on that item.

Pursuant to the Councillors Code of Conduct, Councillor R Gadsby declared a prejudicial interest in item 10 (Grange Farm, Chigwell) and left the meeting for 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 one item of additional business (5 Moores Estate, Roydon) which had been circulated as a supplementary agenda item.

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

The Committee considered a supplementary agenda item which related to application which had been referred by Area Subcommittee West with no recommendation. The Subcommittee had felt that the matter should be discussed by the Committee on the basis that the proposal was of major importance and was affected by the current consultation process for the Gypsy and Traveller DPD.

The application sought use of land at 5 Moores estate for the stationing of four additional gypsy family pitches for family members bringing the total on the site to five.

The Committee received representations from an objector to the development and additionally their attention was drawn to letters of representation from 15 Little Brook Road, Solicitors on behalf of 3 Moores Estate, Church Lane, and a joint signed letter dated 01/06/09.

Members were concerned at the sites location within the green belt and whether the proposal met the test of very special circumstances envisaged by the local plan. Members were of the view that no special circumstances had been put forward by the applicant that were sufficient to outweigh harm to the green belt. Additionally, members considered that the narrow one track access road was inadequate for the proposed development. The Committee considered and voted upon a proposal to refuse permission on the basis of their concerns.

Resolved:

That planning application EPF/2315/08 be refused for the following reasons:

(1)        The site is within the Metropolitan Green Belt.  The proposed works represent inappropriate development and are therefore at odds with Government advice, as expressed in PPG2, policies GB2A and H10A of the adopted Local Plan and Alterations and the East of England Plan 2008.  They state that within the Green Belt permission will not be given, except in very special circumstances for the construction of new buildings or for the change of use or extension to existing buildings except for the purposes of agriculture, mineral extraction or forestry, small scale facilities for outdoor participatory sport and recreation, cemeteries, or similar uses which are open in character.  In the view of the Local Planning Authority the application does not comply with these policies and there are no very special circumstances sufficient to justify the grant of permission; and

(2)        There is inadequate and sub-standard access to the site and the addition of 4 additional gypsy pitches therefore is unacceptable because the current access fails to provide safe and convenient access for pedestrians and vehicles, particularly emergency vehicles, and is therefore contrary to policy ST2 of the Adopted Local Plan and Alterations 2006.

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

The Committee considered an application which had been referred by the Area Plans Sub Committee South for the construction of a five bedroomed house on a green belt site in Hainault Road, Chigwell. The application site was adjacent to Victory Hall and the applicant proposed, as part of the scheme, that a portion of the site on the northwest perimeter be assigned to the District Council to provide additional parking for the Hall and nearby library. The area of parking proposed was, however, outside the red lined application site.

The report to the sub-committee had carried a recommendation from officers to refuse planning permission on green belt grounds which had not been upheld by majority at the Area Subcommittee meeting.

The debate at the sub-committee meeting had centred around whether the site fulfilled the purposes of being included within the green belt; whether there was a need for the provision of additional parking spaces for Victory Hall; and whether the provision of the additional car parking spaces was sufficient grounds to justify an otherwise inappropriate development within the green belt. 

The Committee heard from an objector to the application and noted that the proposed house design had been subject to further design revision, making it smaller.

The Committee where concerned that the proposed parking area was outside the application site and, as such, could not be conditioned as part of the planning application. Members were advised that a Section 106 Agreement could be put in place to secure the provision of laid out parking spaces and the sites ownership transfer to the District Council before the implementation of the scheme. Members considered that the parking was needed at the location and that the proposed site of the house would fill a gap in the existing built frontage on Hainault Road and was supported by many local people. The Committee therefore considered a proposal to grant permission for the scheme subject to conditions suggested by officers and with a Section 106 Agreement to ensure the provision of the parking before commencement of the scheme. Members asked further that the application for the parking scheme come back to the Committee for consideration.

Resolved:

(1)        That, subject to the completion of a Section 106 Agreement to secure the provision of car parking and transfer of the appropriate portion of the land to the District Council’s ownership before implementation of the planning permission, EPF/0247/09 on land adjacent to Copperfield Lodge, Hainault Road, Chigwell 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.         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.  ...  view the full minutes text for item 7.

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

The Committee considered and approved officer proposals to implement validation checklists together with associated guidance. It was noted that the relevant portfolio holder would be required to publish a decision to formally adopt the checklists.

Resolved:

That the relevant Portfolio holder be recommended to:

(1)        Approve the amended Validation Checklists and Guidance Notes for adoption from 1 July 2009 and for publication in the local paper and on the Council’s website; and

(2)        Keep the checklists and guidance notes under regular review with minor amendments, necessary to reflect statutory changes, changes in Government guidance or Council policy and guidance, being made as required without undertaking full consultation or member approval.

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

The Committee considered a request from the developer of the core site at Grange Farm, Chigwell to vary the terms of the existing Section 106 Agreement on the site. The variations sought related to the amount and phasing of payments to be made under the existing agreement. The Committee requested that the decision on the request be deferred to an extraordinary meeting to allow the Council’s Director of Finance and ICT to provide advice to the Committee on the financial elements of the proposal.

Resolved:

That an extraordinary meeting of the Committee be convened to give further consideration to the requests for variation of the Section 106 Agreement relating to Grange Farm, Chigwell once further financial appraisal of the proposals was undertaken by the Director of Finance and ICT.