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.

The Chairman drew attention to the advice note for the public and speakers at Council Planning Committees.

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

The Committee noted that there were no substitute members present at this meeting.

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

No declarations of interest were made pursuant to the Council’s Code of Member Conduct.

To confirm the minutes of the last meeting of the Committee held on 8 August 2012 (attached).

            RESOLVED:

That the minutes of the meeting held on 8 August 2012 be taken as read and signed by the Chairman as a correct record.

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

The Planning Officer reported that this application had been considered by Area Plans Sub-Committee East at their meeting on 29 August 2012.  Members of the Sub-Committee, whilst sympathetic to the scheme, had expressed concern about a Section 106 Agreement being able to ensure the retention of a publicly accessible nature reserve in the long term.  The Sub-Committee had, therefore, referred the application to this Committee with a recommendation that planning permission be granted subject to conditions and to consideration being given to the validity and enforceability of a planning obligation and its suitability as a mechanism to secure long term benefits.

The Committee noted that there had been insufficient time to present a unilateral undertaking to this meeting.  Members considered a statement made by the applicant's agent and noted that the Council’s Solicitor had advised that a suitably worded Section 106 Agreement would be valid and enforceable as a mechanism to secure long term benefits in this case.

The Committee considered the proposed development had an acceptable appearance, would cause no harm to the interests of amenity and would be no less sustainable than any other modern house constructed within the built-up enclave of Nine Ashes.  Members concluded that whilst being inappropriate development in the Green Belt, the significance of the improvement in the openness that would arise from the proposal together with the nature conservation and landscaped benefits offered would be great.  The Committee also considered that the benefits to the interests of nature conservation could only be secured in connection with this proposal since the proposed nature reserve was entirely within land in the applicant’s ownership and could not be secured anywhere else.

            RESOLVED:

That, subject to the completion, within six months of the date of this meeting, of an agreement under Section 106 of the Town and Country Planning Act 1990 in respect of the formation of a Community Nature Reserve accessible by members of the public in perpetuity and maintained by the owners of the proposed house in accordance with the approved 10 year Nature Conservation Management Plan and with an obligation for further agreed Management Plans to be in place thereafter for the future management of this community Nature Reserve, planning application EPF/2577/11 be granted subject to the following conditions:

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

The Committee considered an application referred to it by Area Plans Sub-Committee West with a recommendation to grant planning permission  following their meeting on 12 September 2012 The Committee concurred with the view of the Area Plans Sub-Committee that, in this case, very special circumstances existed sufficient to outweigh the usual policy of restraint in the Metropolitan Green Belt.  The Committee were of the view that these circumstances were:

(a)        the applicant was the Scout Association and therefore the proposed development was to aid the activities of a national registered charity;

(b)        the proposed development would ensure that the site remained in operation for the benefit of the local community and further afield;  and

(c)        the proposed development would help to ensure that the majority of the site remained open thus limiting impact on the urban character of the Metropolitan Green Belt.

The Committee agreed that the application should be granted subject to the conditions recommended by the Sub-Committee and to an additional condition restricting the use of the residential building to persons engaged in activities at the site.  The Committee noted that the application would also be required to be referred to the National Planning Casework Unit for consideration.

            RESOLVED:

That, subject to the views of the Secretary of State following referral to the Planning Casework Unit, planning application EPF/0899/12 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 hereby permitted will be completed strictly in accordance with the approved drawings nos: FO-001, FO-002 ex, FO-002 pro, FO-100, HO -001, A3-101, A3-102, TCP_01, TPP_01.

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

(3)        Materials to be used for the external finishes of the proposed development, shall be as detailed on the submitted plans and particulars, unless otherwise agreed in writing by the Local Planning Authority.

Reason:- To safeguard the visual amenities of the locality.

(4)        No development shall take place, including site clearance or other preparatory work, until full details of both hard and soft landscape works (including tree planting and works to the proposed mound) and implementation programme (linked to the development schedule) have been submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate (including planting details included  ...  view the full minutes text for item 21.

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

The Planning Officer reported that this application was before the Committee since the recommendation to grant planning permission was contrary to an objection from a local council which was material to the planning merits of the proposal.  In addition the recommendation conflicted with a previous resolution of a Committee.

Members were informed that Condition 8 of planning permission EPF/2300/11 required that prior to commencement of development, the existing fencing at the front of the site had to be removed or set back from the carriageway edge by a minimum of 2.4 metres and that thereafter the 2.4 metre strip between the carriageway edge and the new fence line should remain clear of any obstruction. 

The Planning Officer reported that the Chigwell Parish Council had objected to the removal of the condition on the grounds that it served a highway safety purpose and improved aesthetics.  He advised that the stated reason for attaching the condition solely related to the matter of highway safety and that it was not open to the Council to give weight to the matter of design.

The Committee were informed that Essex County Council as Highway Authority for the locality had been consulted on the proposal to remove the condition and had not raised any objection subject to the applicant being unable to erect a more solid boundary feature along the site frontage within 2.4 metres of the carriageway.

Members were informed that it was open to the Council to impose a replacement condition removing permitted development rights rather than simply agree the removal of Condition 8.  The Planning Officer reported that if the Committee were minded to take that step it would be necessary to issue a decision notice repeating all other conditions on the planning permission since the consent would amount to a new planning permission for the approved workshop building.

The Committee heard representations from the applicant’s agent.

The Committee concluded that since an alternative condition could be imposed that would properly deal with the matter of highway safety, condition 8 failed the tests of necessity and reasonableness.

            RESOLVED:

That planning application EPF/1340/12 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.         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 with or without modification) no further buildings or extensions to existing buildings shall be erected (other than those expressly authorised by this permission).

3.         Within three months of the new building being erected, the existing workshop (shown cross-hatched on drawing no. JTS/7419/02) shall be demolished.

4.         The maintenance and repair of vehicles, including works associated with undertaking MOT's, shall not be undertaken in the open hard areas of the site as indicated as diagonally hatched on drawing no. JTS/7419/03.

5.         No construction works above ground level shall have taken place until documentary  ...  view the full minutes text for item 22.

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

The Planning Officer reported that Veolia Environmental Services (UK) Plc had made an application for a Development Consent Order to the Secretary of State for Energy and Climate Change, to construct and operate a rail-linked power station at land off Ratty’s Lane in Hoddesdon. Members noted that the proposed power station would have an electrical output capacity in excess of 50 mega watts and therefore fell within the definition of a “nationally significant infrastructure project”.  The Planning Officer reported that such projects were not decided by the Local Planning Authority but by the Secretary of State via the Planning Inspectorate who, after consultation and assessment, would consider whether the development was acceptable and if so would issue a Development Consent Order.

The Committee noted that pre-application had been carried out in two phases of public consultation and the Council had already made comments, particularly in regard to air quality, noise, visual impact and local traffic.  The Committee was advised that local authorities in whose areas applications for national significant infrastructure projects were submitted were invited to produce a Local Impact Report.  The Planning Act 2008 required that the Examination Authority (and Secretary of State) must have regard to local impact reports in determining applications for the Development Consent Orders.  Members were advised that before this was produced there was an opportunity for those interested to make representations direct to the Planning Inspectorate between 17 September and 19 October 2012.

The Planning Officer reported that, although the site was all within the administrative area of Broxbourne Borough Council, it was close to the western boundary of the Epping Forest District and this Council was invited to make comments at this stage.

The Committee considered the proposed development.  Members expressed the following concerns:

(a)        the visual montages have been taken from a low level and do not accurately show the proposed building when viewed from locations in this District; existing uses on the site are in the main undertaken at ground level and cannot be seen from locations in this District unlike the proposed building;

(b)        if Veolia is unsuccessful with its bid for the North London Waste Authority Fuel Use Contract it will be necessary to secure the primary source of solid fuel recovery for the power station from another area which despite current assurances could lead to more than 10% of waste being delivered to the site by road; although there is a weight limit restriction on Dobbs Weir Road this is already regularly abused and the situation is unlikely to be improved by the proposed monitoring; account should also be taken of the increased use of local roads when the M25/A10 are congested/closed;

(c)        the current number of rail movements on the London-Cambridge/Stansted Airport line results in long delays of traffic using the level crossing at Roydon; additional rail movements including the need for trains carrying waste from London to go through Roydon to Harlow and back in order to access the application site will exacerbate this problem;  ...  view the full minutes text for item 23.

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

The Planning Officer reported that this application had been considered by the Committee in April 2011 when planning permission had been granted subject to conditions and to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 within six months of the resolution.

Members noted the terms of the proposed agreement and the fact that it had not been completed within the six month period specified.  Members were advised that a three month extension of the time for completion of the agreement had been authorised in December 2011 but again the agreement had not been completed within that time.

The Planning Officer reported on steps taken by the applicant during the last few months in an attempt to resolve outstanding issues as a result of which a revised agreement had been drafted and accepted by the Council’s Solicitor.  The Committee considered a draft of the proposed new agreement.

            RESOLVED:

That an extension of time be approved to allow a further three months from the date of this meeting for the completion of the Section 106 Agreement, previously required, to enable planning application EPF/1907/10 to be granted subject to the conditions set out in the minutes of the Committee of 5 April 2011.