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 December 2010 (attached) .

Resolved:

That the minutes of the meeting held on 7 December 2010 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 Councillor A Grigg was substituting for Councillor A Green and Councillor S Jones was substituting for Councillor J Hart at this meeting.

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

The following interests were declared in accordance with the members Code of Conduct:

(a)       Councillor R Morgan – Personal and Prejudicial Interest in item 12 (R/O 103 High Street, Ongar – Application EPF/1153/09) member indicated that he proposed to leave the meeting for that item.

(b)       Councillor R Grigg – Personal Interest in Item 8 (Threshers, Hastingwood Road – Application  EPF/0739/10) by virtue of being a local Parish Council member and attending public meetings and with officers on the matter, member indicated that she proposed to stay in the meeting for that discussion and voted on the item.

(c)        Councillor P Brooks – Prejudicial Interest in Item 15 (TPO at Town Mead Playing Fields – EPF/119/10) by virtue of being a member of the Waltham Abbey Town Council Planning Committee. Member indicated that she proposed to leave the meeting for that item.

(d)       Councillor S Jones – Personal interest in Item 14 (Blunts Farm, Theydon Bois – Enforcement Notices) by virtue of being a member of Theydon Bois Parish Council. The member indicated that she proposed to stay in the meeting for that discussion and voted on the item.

(e)       Councillors K Chana, B Sandler, G Mohindra and J Knapman – Personal interest in Items 9, 10 and 11 (212 Manor Road, Chigwell – EPF/2361/09 and 1399/09 and Cooperfield Lodge, Hainault Road – EPF/0247/09)  by virtue of being a members of Chigwell Parish Council. The members indicated that they proposed to stay in the meeting for that discussion and voted on the item.

(f)         Councillor D Stallan (non-member of the Committee) – Prejudicial interest in Item 7 (1 Griffins Wood Cottages, High Road, Epping) by virtue of knowing applicant, Member indicated that he proposed to leave the meeting for that item. Personal interest in item 8 (Threshers, Hastingwood Road – Application  EPF/0739/10) by virtue of being a local Parish Council member and Items 8, 10 and 11 (212 Manor Road, Chigwell – EPF/2361/09 and 1399/09) by virtue of being the Housing Portfolio Holder, Member indicated that he proposed to stay in the meeting for those items as he had not had involvement in them previously.

(g)       Councillor J Knapman – Personal interest in Item 13 (Land R/O Oakley Hall, Hoe Lane, Nazeing – EPF/1907/10) by virtue of being a member of the ECC Health Overview and Scrutiny Committee, the Member indicated that he proposed to stay in the meeting for that item.

(h)        Councillor R Bassett– Personal interest in Item 13 (Land R/O Oakley Hall, Hoe Lane, Nazeing – EPF/1907/10) by virtue of living in proximity to the site, Member indicated that he proposed to stay in the meeting for that item.

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

The Committee considered an application at 1 Griffins Wood Cottages, High Road, Epping seeking a two storey side extension. The application had been subject to consideration at Area Plans Subcommittee East and to a site visit. The Subcommittee had referred the application to the Committee with a recommendation for approval.

The Committee accepted the arguments made by the Area Planning Subcommittee that the application should be granted, that the site was set back from the main road, on a large plot and the proposed extension would not adversely impact on the character of the conservation area. The committee agreed to grant permission with conditions and removal of permitted development rights.

Resolved:

That planning application EPF/2385/10 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)        No development shall have taken place until details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority in writing prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

Reason:- To ensure a satisfactory appearance in the interests of visual amenity.

(3)        No development shall take place until details of the landscaping of the site, including retention of trees and other natural features and including the proposed times of proposed planting (linked to the development schedule), have been submitted to and approved in writing by the Local Planning Authority. The approved landscaping shall be carried out in accordance with the approved details and at those times.

Reason:- To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, and to enable full and proper consideration be given to the impact of the proposed development on existing trees, so as to safeguard and enhance the visual amenities of the area and to ensure a satisfactory appearance to the development.

(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, Classes A & 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

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

The Committee considered an application referred to it by Area Subcommittee East seeking the redevelopment of a commercial skip site to residential dwellings. The Subcommittees recommendation was to grant permission subject to condition and a Section 106 agreement to provide off-site affordable housing and highways repairs outside the site.

Since the date of the original Area Subcommittee meeting, officers had met further with the applicant who had indicated the level of contribution that they were willing to offer. The County Highways department had indicated that their view that there was insufficient justification for asking for sums for highways improvements.

On balance, officers supported a recommendation for approval subject to conditions (including a new condition regarding construction methods) and a section 106 agreement to be completed within a six month period.

The Committee heard from the applicants agent and noted further representation from local residents received since the agendas’ publication.

The Committee supported the view of the Planning Subcommittee that permission should be granted. This non-conforming commercial site was close to residential properties using large commercial vehicles which created noise and disturbance. The proposals where supported by the Local Parish Council and residents. The committee considered and approved a proposal for granting of permission.

Resolved:

That, subject to the prior completion of an agreement under Section 106 of the Town and Country Planning Act 1990 within six months of the date of this resolution to secure a contribution of £100,000 towards off-site affordable housing provision, Planning application EPF/0739/10 at Threshers, Hastingwood Road, North Weald be granted with 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)        No development or preliminary groundworks of any kind shall take place until the applicant/developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

Reason:-  The site lies a short distance from previous archaeological findings  where any remains are irreplaceable and are an interest of acknowledged importance which may be highly vulnerable to damage or destruction.  Unless the Local Authority is satisfied that a proper scheme for investigation has been agreed the remains should be left undisturbed.

(3)        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.

(4)        Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority and these facilities installed prior to the commencement of any  ...  view the full minutes text for item 37.

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

The Committee received a report from Officers which outlined the current position with a site adjacent to Copperfield Lodge, Hainault Road, Chigwell which was subject to a previous planning approval linked to a the prior completion of a Section 106 Agreement. The agreement was required to secure the provision of additional car parking for the adjacent Victory Hall and the transfer of the appropriate portion of the land to the District Council’s ownership prior to the commencement of the development. 

Despite planning permission being granted for the creation of the additional car parking spaces for Victory Hall by this Committee in December 2009, no legal agreement had been completed to secure the planning obligations.  Further representation had been received from a neighbour reiterating their objection.

The Committee were of the view that there still was a need for the additional parking on the adjacent site and considered the absence of a legal agreement to secure the provision of the car parking , the case for very special circumstances to override Green Belt harm would be weakened, to the extent that the development would no longer be justified. The Committee decided that should the agreement not be completed and signed by the date of the June 2011 meeting of the Committee the item be reported back for further consideration.

            Resolved:

That should the Section 106 agreement for this site not be completed and signed by the date of the June 2011 meeting of the Committee the item be reported back for further consideration.

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

The Committee received an updating report on progress with resolving and completing agreements under Section 106 of the Town and Country Planning Act 1990 for two adjacent sites at 212 Manor Road, Chigwell. The proposed agreements had been a material consideration in addressing the impacts of the development on the Metropolitan Green Belt, supply of affordable housing, highway safety and local Post Office Services.

In the continued absence of matters to be secured by the agreement the Committee considered whether the application should now be formally refused or the applicants be given a further period to resolve the outstanding matters. The applicant had indicated that economic conditions had changed since the original approval, in acknowledging this the Committee agreed that a further six months period should be given to complete the outstanding agreement and officers be given flexibility in the type and percentage of affordable housing to be provided on the site.

            Resolved:

That the time limit for the completion of a agreement under Section 106 of the Town and Country Planning Act 1990 for Planning Application EPF/1399/09 be extended for a period of six months from the date of this resolution to enable further negotiations to take place with officers in recognising a need for flexibility in the type of affordable housing being proposed.

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

The Committee received an updating report on progress with resolving and completing agreements under Section 106 of the Town and Country Planning Act 1990 for two adjacent sites at 212 Manor Road, Chigwell. The proposed agreements had been a material consideration in addressing the impacts of the development on the Metropolitan Green Belt, supply of affordable housing, highway safety and local Post Office Services.

In the continued absence of matters to be secured by the agreement the Committee considered whether the application should now be formally refused or the applicants be given a further period to resolve the outstanding matters.

The Committee had previously agreed to extend a time limit on the adjacent site for a further six months period to seek to complete the outstanding agreement and officers had been given flexibility in the type and percentage of affordable housing to be provided on the site. It was agreed that this site be similarly treated.

            Resolved:

That the time limit for the completion of a agreement under Section 106 of the Town and Country Planning Act 1990 for Planning Application EPF/2361/09 be extended for a period of six months from the date of this resolution to enable further negotiations to take place with officers in recognising a need for flexibility in the type of affordable housing being proposed.

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

The Committee received an application referred to it by Area Planning Subcommittee East it its meeting on 16 December 2009. The proposal had been previously been the subject of a recommendation to grant approval in October 2009 subject to the completion of a Section 106 Agreement to secure affordable housing as part of the development.

The applicants had now provided a financial appraisal of the scheme which concluded that the development would not be viable with the inclusion of an affordable unit. The Area Subcommittee had received this information to their meeting in March 2011 together with an offer from the applicant to make a contribution of £10,000 at which time they had referred the application to the District Development Committee.

The Committee’s view was that on balance the application should be granted, despite some concerns at the narrowness of the access to the site.

Resolved:

That, subject to the prior completion of an agreement under Section 106 of the Town and Country Planning Act 1990 within six months of the date of this resolution, to secure £10,000 to meet community need in the Ongar area, Planning application EPF/1153/09 at R/O 103 High Street, Ongar be granted with 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.

(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)        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 Classes (A-H) and Part 2 Class A shall be undertaken without the prior written permission of the Local Planning Authority.

(4)        The development, including site clearance, must not commence until a scheme of landscaping and a statement of the methods of its implementation have been submitted to the Local Planning Authority and approved in writing. The approved scheme shall be implemented within the first planting season following the completion of the development hereby approved.

The scheme must include details of the proposed planting including a plan, details of species, stock sizes and numbers/densities where appropriate, and include a timetable for its implementation.  If any plant dies, becomes diseased or fails to thrive within a period of 5 years from the date of planting, or is removed, uprooted or destroyed, it must be replaced by another plant of the same kind and size and at the same place, unless the Local Planning Authority agrees to a variation beforehand, and in writing.

The statement must include details of all the means by which successful establishment of the scheme will be ensured, including preparation of the planting area, planting methods, watering, weeding, mulching, use of stakes and ties, plant protection  ...  view the full minutes text for item 41.

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

The Committee considered an application referred to it by Area Planning Subcommittee East on 19 January 2011 seeking the demolition of glasshouses and structures and the building of a 50 bed care home. The Subcommittee had recommended that planning permission be granted subject to a number of issues relating to car parking provision, access and provision of a percentage of occupancy for local people.

It was reported that since the Planning Subcommittee meeting car parking provision and access arrangements had been improved and further late representation from local people were reported. The local MP and Parish Council had also made representations supporting the proposals.

The Committee supported the view of the Planning Subcommittee that such care facilities were needed in the local area such that they amounted to very special circumstances sufficient to overcome the presumption against development in the green belt. The Committee also noted the current levels of known need reported by the local Councillor.

It was the view of the Committee that District residents should taken priority for places at the new home and should be given a discount on residential fees for a period of five years from the date of the opening of the home.

The Committee agreed unanimously to grant permission subject to an appropriate legal agreement, no call-in being made by the Secretary of State, and no further substantive representations being made.

Resolved:

That the planning application EPF/1907/10 on land Rear of Oakley Hall, Hoe Lane, Nazeing be granted subject to:

(a)        The completion of a legal agreement under S106 of the Town and Country Planning Act 1990 within six months of the date of the resolution to secure:

(1)        £25,000.00 to Nazeing Parish Council for community improvements payable in five annual £5,000.00 instalments;

(2)        An initial payment of £40,000.00 to the West Essex Primary Care Trust, followed by five annual payments of £5,000.00 resulting in an additional provision of a further £25,000.00;

(3)        £3,000.00 to Essex County Council to monitor a submitted Travel Plan;

(4)        £140.00 to Essex County Council to provide 4x ‘Slow’ Markings on Hoe Lane;

(5)        Implementation of an onsite ecological enhancement scheme to accord with approved submitted particulars or by way of contribution of funds towards enhancements; and

(6)        A clause stating “The home will give priority to residents within Epping Forest District prior to admission. Local residents of Nazeing will be offered at 10% discount for private fees and top up fees during the first five years of operation of the home”;

(b)        No further representation raising new issues being received after 5th April 2011;

(c)        No Call-in being made by the Secretary of State;

(d)        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)        No development shall have taken place until details of the types and colours of the  ...  view the full minutes text for item 42.

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

The Committee noted that since the date of the agenda preparation, a further officer visit had been undertaken to the Blunts Farm site to view areas  of concern to local residents. Having visited the site, the officers concurred with local views that there were areas on the site where further work was required to comply with the Enforcement Notices and as such recommended that the item be deferred and once work was completed a site visit be undertaken by the Committee.

            Resolved:

That this item be deferred for site visit once officers were satisfied that the Enforcement Notice was fully complied with.

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

The Committee received objections made to the confirmation of a tree preservation order at Town Meads Playing Fields in Waltham Abbey. It was noted that the site was also subject to an application for a golf driving range which would come to a subsequent meeting, the development of which would effect a small woodland on this site.

The Committee concurred with the view of officers that pending consideration of the golf driving range the existing trees should be protected as they provided effective screening from the adjacent motorway.

            Resolved:

            That Tree Preservation Order EPF/119/10 be confirmed without modification.

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.