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 Vice Chairman 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 4 August 2009 (attached).

Resolved:

That the minutes of the meeting held on 4 August 2009 be taken as read and signed by the Vice 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 Councillor Stallan was substituting for Councillor J Hart and that Councillor J Philip was substituting for Councillor G Mohindra.

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

(1)       Pursuant to the Councillors Code of Conduct, Councillor D Stallan declared personal interests in items 10 and 11 (212 Manor Road, Chigwell) by virtue of being the Housing Portdolio Holder. The member indicated that he had not discussed or been involved in the negotiations on the site. The member remained in the meeting for the duration of the discussion and voting on that item

(2)       Pursuant to the Councillors Code of Conduct, Councillors K Chana and L Wagland declared personal interests in items 10 and 11 (212 Manor Road, Chigwell) by virtue of being members of Chigwell Parish Council and having attended the meeting of Area Planning Subcommittee South at which there had been discussion of the two applications. The members remained in the meeting for the duration of the discussion and voting on that item.

(3)       Pursuant to the Councillors Code of Conduct, Councillor J Knapman, a non member of the Committee, declared personal interests in items 10 and 11 (212 Manor Road, Chigwell) by virtue of being a member of Chigwell Parish Council and Essex County Council’s local member. The member remained in the meeting for the duration of the discussion and voting on that item.

(4)       Pursuant to the Councillors Code of Conduct, Councillor R Morgan, declared a personal interest in items 8 (Caffe Nero, Epping). The member remained in the meeting for the duration of the discussion and voting 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 were no further items for consideration at the meeting than those shown on the agenda.

(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 East with a recommendation for approval. The Area Subcommittee had considered an application for the retention of a A1/A3 mixed use business trading as Caffe Nero. A previous application had previously been refused and enforcement action had been taken. The applicant submitted an Appeal which had been dismissed.

The Sub-Committee discussed the additional information submitted by the applicant comprising information relating to current consumer habits in the High Street and demonstration that a mixed A1/A3 Caffe Nero facility did not generally detract from the vitality and viability of Town Centres. The applicant also provided details of a proposed window display and current economic circumstances. The Committee attributed this additional information significant weight and agreed that the proposed window display would enhance the appearance of the High Street.

Resolved:

That planning application EPF/1020/09 be granted subject to the following conditions:

(1)        The applicant shall create and retain a window display in accordance with approved drawing CN231/sk1 within 28 days of this notice.

Reason: To maintain and enhance the appearance of the retail area within the Epping High Street.

(2)        The premises shall be used solely for mixed A1/A3 use and or no other purpose except sole A1 use (including any other purpose in class A3, A4 or A5 of the Town and Country Planning (Use Classes) Order 2005, or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order.

Reason: To ensure that no alternative use is made of the premises which would cause harm to the vitality and viability of the retail core in the Town Centre.

(3)        This consent shall endure solely for the benefit of the applicant Caffe Nero and for no other person, persons or business.

Reason: Permission is granted in view of the particular circumstance of this applicant.

(4)        The mixed A1/A3 use hereby permitted shall not be open to customers/members outside of the hours of 7am-7pm on Monday to Saturday and 9am-5pm on Sundays.

Reason: In order to minimise noise and disturbance to local residents.

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

The Committee considered an application referred by Area Plans Subcommittee East for extensions to 4 Nine Ashes Farm Cottages, Blackmore.

The Committee heard from the applicant in support of his application.

The Committee supported the view of the Subcommittee that the application should be granted.

Resolved:

That Planning Application EPF/0894/09 at Nine Ashes Farm Cottages, Blackmore 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)        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 single storey extensions generally permitted by virtue of Part 1, Class A 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

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

The Committee gave joint consideration to two planning applications that had been received on separate areas of 212 Manor Road, Chigwell.

Planning Application EPF/1399/09 sought outline planning permission for 69 residential units on the larger element of the site which currently contained a garden centre. The application included open space, affordable housing and a community facility. It was noted that all matters except access were reserved. The applicants had also put forward a number of matters that could be included within a section 106 agreement including affordable housing for 80% of the dwellings.

Planning Application  EPF/1071/09 sought use of part of the site to build 21 flats fronting Manor Road with a proposed exit directly onto Manor Road.

The Committee noted that either proposal, if approved, would need to be referred to the Secretary of State for approval.

The Committee noted that in respect of EPF/1399/09, the site was thought to be sustainable, having links to local public transport. The site also had an existing access point which was proposed to be utilised for the larger scheme. The applicant for the larger scheme had also demonstrated that should both applications go ahead, it would be possible at a future detailed application stage to access the proposed flat scheme at EPF/1071/09 through their site without the need for 2 separate access points off Manor Road.

The Committee noted late representations, including those from the London Borough of Redbridge and the current tenant of the site and heard from objectors to the schemes and one applicant.

In respect of EPF/1071/09, it was officers view that the flats scheme was dominant within the street scene and failed to respect its setting opposite listed buildings.

The Committee were of the view that the schemes did not interrelate well together as currently proposed and that both could not be granted in their present form for that reason. It was also considered that the flats scheme was too dense and dominant and the proposed new access, a hazard. Members expressed the view that any scheme on the smaller site would benefit from an access obtained through the existing access point.

Members accepted that there were very special circumstances in this case that outweighed the harm of built residential development in the Green Belt, which were that it was providing a high percentage of affordable housing on a  previously developed land, located in a sustainable location adjacent to a tube station on the Central Line. It was considered that the larger outline scheme could be approved subject to a section 106 agreement covering affordable housing, highways matters, contribution to the cost of re-opening the local post office, access and open space proposals.

Resolved:

That, subject to the view of the Secretary of State and the prior completion of a section 106 agreement to provide:

(1)       Details specifying the amount, tenure and occupancy of the affordable housing – based upon 54 (approximately 80%) of the total number of residential units being provided as affordable housing;

(2)       A financial  ...  view the full minutes text for item 30.

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

The Committee considered the applications on this site jointly. For the substantive minute on the discussion please refer to minute 30 above.

Resolved:

That planning application EPF/1071/09 at 212 Manor Road, Chigwell be refused for the following reasons:

(1)        The proposed new vehicular access onto Manor Road, would, given the existing vehicular accesses either side, be a hazard to vehicles emerging from and entering the site, as well as a hazard to the free-flow of traffic and users of this road, such that it would be detrimental to highway and pedestrian safety, contrary to policy ST4 of the Adopted Local Plan and Alterations;

(2)        The proposed development, by virtue of its density and design, would have a bulky and dominant appearance which would be exacerbated by the proposed linking sections between the blocks which would be detrimental to the semi-rural setting of the site and to the surrounding Green Belt land contrary to policies ENV7 of the East of England Plan and DBE1, H3A and GB7A of the Adopted Local Plan and Alterations;

(3)        The proposed buildings, due to their detailed design, in particular the varying roof heights, the use of cat slide roofs along the site frontages and the lack of detailing on the elevations fronting Manor Road, would fail to respect their setting in terms of orientation, roof-line and detailing, contrary to policies ENV7 of the East of England Plan and DBE1 of the Adopted Local Plan and Alterations; and

(4)        The proposed bin storage area is inadequate to accommodate the waste and recycling which would be generated by the proposed development, resulting in the potential for additional open storage which would be harmful to the character and appearance of the area, contrary to policy DBE1 of the Adopted Local Plan and Alterations.