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 24 August 2011. (attached)

Resolved:

That the minutes of the meeting held on 24 August 2011 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. The deadline for substitutions for this meeting is 6.30 p.m. on the day of the meeting.

It was noted that Councillor G Waller was substituting for Councillor A Boyce and Councillor D Jacobs was substituting for Councillor J M Whitehouse at this meeting.

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

(a)       Pursuant to the Council’s Code of Member Conduct, Councillors S Jones and J Philip declared a personal interest in agenda item 8 (planning application EPF/1437/11 - 40 Forest Drive, Theydon Bois) and 12 (Enforcement Notices, Blunts Farm) by virtue of being members of Theydon Bois Parish Council.  The councillors advised that they had determined that their interest was not prejudicial and would remain in the meeting for the consideration and voting on the matter.

(b)       Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in agenda12 (Enforcement Notices, Blunts Farm) by virtue of being Chairman of the Overview and Scrutiny Panel that had previously reviewed planning permission on this site.  The councillor advised that he had determined that his interest was not prejudicial and would remain in the meeting for the consideration and voting on the matter.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor J Wyatt declared a prejudicial interest in agenda item 9 (Planning Application EPF/0046/11 – Town Mead Sports and Social Club) by virtue of being a member of Waltham Abbey Town Council who owned the site.  The councillor advised that he would leave the meeting for the consideration and voting on the matter.

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

The Committee considered an application referred to it by Area Plans Subcommittee East on 14 September 2011. The application sought the change of use of an A1 use class shop in Ongar High Road to a mixed use of a children’s soft play area and coffee shop.

The Subcommittee had referred the matter with a recommendation to grant permission on the basis that they considered that the scheme would be an asset to the town and would increase the vitality and viability of the Ongar town centre.

The Committee heard from the local member that the shop unit had been vacant for some time and that although the proposals conflicted with local plan policy the local town council had supported the application and considered it an appropriate use of the premises.

The committee concurred with the view of local member and of the Town Council and unanimously granted the application subject to conditions suggested by officers within their report.

Resolved:

That planning application EPF/1254/11 at 156-158 High Road, 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;

(2)        The premises shall be used solely for a mixed use as a children’s soft play area and a café and for no other purpose (including any other purpose in Class D2 and A3 of the Schedule to the Town & Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order;

(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 change of use generally permitted by virtue of Part 3 Class C shall be undertaken without the prior written permission of the Local Planning Authority;

(4)        The use shall only operate in accordance with the floor plan layout and extent of the café area and the children’s soft play area as shown on the submitted drawing received and dated 5 July 2011 entitled “Floor Plan for Krazy Kidz Café Ltd”, unless otherwise agreed in writing by the Local Planning Authority; and

(5)        The café area shall not operate separate hours from the children’s soft play area and this mixed use hereby permitted shall not be open to customers / members outside the hours of 0900 to 1800 hours Monday to Friday and 1000 to 1800 hours Saturday, Sundays and Bank Holidays.

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

The Committee considered an application referred to it by Area Planning Subcommittee East without a recommendation. The application sought extensions to the side, front and rear of the property and rear dormer additions.

The committee heard that the property had been the subject of recent appeals which had been dismissed at appeal. Officers displayed the plans of the proposed changes to the dwelling and indicated that the main issue for members was whether the proposal would be harmful to the streetscene.

Members heard representations from a local objector, the Parish Council and a representative of the applicant.

Members of the Committee expressed the view that the property was part of row of five similar properties which featured in the Theydon Bois local design guide and had been put forward for locally listed status. The Committee were of the view that proposed changes would detract from the Streetscene of the road; removed the symmetry of the building and would be harmful. They considered a motion to refuse the application on those grounds which gained majority support.

Resolved:

That planning application EPF/1437/11 at 40 Forest Drive, Theydon Bois be refused for the following reason:

(1)        The resultant building due to the proposed extensions, will fail to complement this stretch of neighbouring bungalows on this side of the road and therefore will be out of character and harmful to the street scene, contrary to policy DBE1 of the Adopted Local Plan and Alterations

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

The Committee gave further consideration to an application for a golf driving range at Town Mead Sports and Social Club in Waltham Abbey. The application had been previously deferred at the meeting on 29 June 2011, at which meeting members had requested a risk assessment and further information about lighting to be submitted and agreed by the Highways Agency given the proximity to the M25.

The Committee noted that the plans had now been amended, angling the driving bays closest to the M25 boundary away from the M25. Lighting arrangements had been assessed by the Highways Agency and were considered acceptable and would be controlled by condition. Furthermore, a risk assessment had been undertaken and reviewed by the Highways Agency who raised no objection to its findings.

The Committee considered the effect on the existing small woodland on the southern boundary adjacent the M25. It was noted that the amended scheme allowed more planting along the boundary and some of the woodland would be retained. It was agreed that the landscaping conditions were reviewed to ensure they tallied with amended plans and were subject to the agreement of the Council. As such members were supportive of the amended scheme and resolved accordingly subject to the suggested conditions.

            Resolved:

(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 hereby permitted will be completed strictly in accordance with the approved drawings nos: 10013/3B, 10013/4, 10013/6I, 10013/8B, 10013/9B, 10013/45, 460/2, UKS1815, UKS1815/1, LS11327/2.

Reason: To ensure the proposal is built in accordance with the approved drawings.

(3)        No construction works above ground level shall have taken place until documentary and photographic 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.

(4)        No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan and Arboricultural Method Statement in accordance with BS:5837:2005 (Trees in relation to construction) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved Tree Protection Plan and Arboricultural Method Statement 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 & Country Planning Act 1990 so as to ensure that the amenity value of the existing trees are safeguarded.

(5)        Notwithstanding the details shown on Plan Ref: 232 which accompanied this planning application, no development, including site clearance, shall take place until a statement of the methods (including a timetable, for its Implementation linked to  ...  view the full minutes text for item 23.

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

At the meeting of the Committee on 5 April 2011 members had deferred consideration of a report on compliance with Enforcement Notices at Blunts Farm, Theydon Bois in order that the developer had a further opportunity to carry out remedial works on the land and to allow for of Members this Committee to inspect the site. 

Further works had now been carried out and the site visited by Members in September 2011.

Officers reported that the requirement to remodel and landscape the land to accord with the section (4) of the Enforcement Notices had now been complied with although concern still existed over some areas where rights of way existed, particularly in respect of vegetation and waymarking. Additionally officers were continuing to press for compliance in respect of replacement of trees required under the site’s Tree Preservation Order.

Members heard views from the Parish Council.

The Committee members concurred with the view of officers regarding the compliance matters but asked planning officers to write to the County Council to ask them to ensure rights of way across the site were accessible, available and appropriately marked.

Resolved:

(1)        That members agree that requirement (4) of the enforcement notices issued on 4 August 2006 in respect of land at Blunts Farm, were complied with;

(2)        That, unless a further complaint were to be received, no further work be carried out to investigate and secure compliance with on-going requirements of the enforcement notices issued on 4 August 2006 in respect of land at Blunts Farm; and

(3)        That the Head of Planning and Economic Development write to Essex County Council asking that action be taken to ensure that rights of way across the site were accessible, available and appropriately marked.

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 of business to be transacted at the meeting.