Agenda and minutes

The Chairman welcomed members of the public to the meeting and outlined the procedures and arrangements adopted by the Council to enable persons to address the Sub-Committee, in relation to the determination of applications for planning permission.

To confirm the minutes of the last meeting of the Sub-Committee.

            RESOLVED:

That the minutes of the meeting held on 16 March 2005 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

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 urgent business for consideration by the Sub-Committee.

To consider the attached report.

The Head of Planning and Economic Development presented a report to the Sub-Committee regarding the possibility of taking enforcement action at Carisbrooke Farm, Kiln Road, North Weald for the unauthorised occupation of the site. At the meeting of the Sub-Committee held on 21 July 2004, consideration of this matter was deferred pending the receipt of legal advice. Counsel had now considered the matter and concluded that, because of the delay in taking action:

·        A prosecution would be unlikely to succeed, or if successful, would be unlikely to result in a large fine or the recovery of significant costs.

·        Injunction proceedings would be likely to be either unsuccessful, or result in a stay pending the submission of a planning application and/or appeal.

·        Further enforcement action could be envisaged if the case was considered afresh, thus the Council should invite the occupiers to make a planning application and determine this before proceeding further.

The Head of Planning and Economic Development further stated that the site had been occupied for many years and were now considered part of the village. Indeed, no objections had been received from any of the local residents. It was considered that the prospect of a successful prosecution or injunction was poor, due to the lengthy delay in taking any action, and a pragmatic approach might be to take no action whilst the current occupiers were on the site. This would not result in the development becoming lawful, and further action could be taken if the current residents left the site and others occupied it.

The Head of Planning and Economic Development reassured the Sub-Committee that each case was treated upon merit and that a precedent would not be set for other sites within the District. The Sub-Committee concurred with the pragmatic approach taken in this instance and supported the recommendation to take no further action.

            RESOLVED:

That, whilst the current occupiers continue to occupy the site, no further action be taken in respect of the outstanding enforcement notices.

(Head of Planning and Economic Development)  To consider planning applications as set out in the attached schedule

Background Papers:  (i)  Applications for determination – applications listed on the schedule, letters of representation received regarding the applications which are summarised on the schedule.  (ii)  Enforcement of Planning Control – the reports of officers inspecting the properties listed on the schedule in respect of which consideration is to be given to the enforcement of planning control.

The Sub-Committee considered a schedule of applications for planning permission.

            RESOLVED:

That the planning applications numbered 1 – 2 be determined as set out in the attached schedule to these minutes.

(Head of Planning and Economic Development) Schedules of planning applications determined by the Head of Planning and Economic Development under delegated powers since the last meeting of a Plans Subcommittee may be inspected in the Members Room or at the Planning and Economic Development Information Desk at the Civic Offices, Epping.

The Sub-Committee noted that schedules of planning applications determined by the Head of Planning and Economic Development under delegated authority since the last meeting had been circulated and could be inspected at the Civic Offices.