Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery”

The Chairman made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings. The Sub-Committee noted the Council’s Protocol for Webcasting of Council and Other Meetings.

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. The Sub-Committee noted the advice provided for the public and speakers in attendance at Council Planning Sub-Committee meetings.

To confirm the minutes of the Sub-Committee meeting of February 21 2007.

RESOLVED:

That the minutes of the meeting held on 21 February 2007 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.

(a)            Pursuant to the Council’s Code of Member Conduct, Councillors M Colling, Mrs D Collins, A Green, Mrs A Grigg, S Metcalfe, Mrs S Perry, and D Stallan declared a personal interest in the following item of the agenda by virtue of the applicant being a District councillor for the Conservative Group. The Councillors had determined that their interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon:

EPF/1213/06 – The Thatched House Hotel, High Street, Epping.

(b)            Pursuant to the Council’s Code of Member Conduct, Councillor S Metcalfe declared a personal interest in the following item of the agenda. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon:

·                     EPF/0107/07 – 30 Bower Road, Epping.

(c)            Pursuant to the Council’s Code of Member Conduct, Councillor Mrs K Rush declared a personal interest in the following items of the agenda, by virtue of having been a member of Wansfell College’s governing body. The Councillor had determined that her interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/2464/06 – Wansfell College, 30 Piercing Hill, Theydon Bois; and

·                     EPF/2470/06 – Former Caretaker’s House, Wansfell College, 30a Piercing Hill, Theydon Bois.

(d)            Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in the following item of the agenda, by virtue of having an account with the Lloyds Bank. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/2453/06 – 154 High Street, Epping.

(e)            Pursuant to the Council’s Code of Member Conduct, Councillor Mrs S Perry declared a personal interest in the following items of the agenda, by virtue of being a member of Epping Town Council. The Councillors had determined that their interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/2185/06 – Purlieu House, 11 Station Road, Epping;

·                     EPF/0039/06 – 208-212 High Street, Epping;

·                     EPF/0060/06 CAC – 208-212 High Street, Epping;

·                     EPF/2453/06 – 154 High Street, Epping; and

·                     EPF/0107/07 – 30 Bower Road, Epping.

(f)            Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J H Whitehouse declared a personal interest in the following items of the agenda, by virtue of being a member of the Epping Society and the Theydon Bois and District Rural Preservation Society. The Councillors had determined that her interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/2464/06 – Wansfell College, 30 Piercing Hill, Theydon Bois;

·                     EPF/2470/06 – Formers Caretaker’s House, Wansfell College, 30a Piercing Hill, Theydon Bois;

·                     EPF/0039/06 – 208-212 High Street, Epping; and

·                     EPF/0060/06 CAC – 208-212 High Street, Epping.

(g)            Pursuant to the Council’s Code of Member Conduct, Councillor J M Whitehouse declared a personal interest in the following  ...  view the full minutes text for item 11.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) 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 other urgent business for consideration by the Sub-Committee.

The Tree Preservation Officer presented a report regarding the exemption of an Oak Tree subject to Tree Preservation Order TPO 16/90 at Oak Trees, High Ongar Road, High Ongar. The tree preservation order had been made due to the local importance of the tree, its age, historic significance, and because of an impending change of ownership of the property. At the time the Tree Preservation Order was made, there had been no allegations of subsidence.

On 6 September 2006, an application was received to fell the tree on the grounds of subsidence to the adjacent property - The Cedars, High Ongar Road, Ongar - by representatives for their insurers. Following a meeting at the property, an independent engineer advised that while there was no doubt that the adjacent property was suffering from subsidence, and that the subsidence was linked to root activity of the oak trees in the adjacent property, the reason for the damage was that the foundations were sub-standard. In the engineers opinion the current solution was to make good the foundations, which would allow the tree to be retained.

Furthermore it was discovered that no application for planning permission had been received for the damaged part of the adjacent building, which was a front extension, and no record could be found for any application for Building Control approval for the details of the foundation design. It appeared that a proper foundation design would have prevented the damage occurring. It could have been foreseen that the tree would cause problems, and therefore it would be expected that proper foundations would be put in place. It was intended that the application to feel the tree be reported to Committee for refusal, however the issue was then appealed for non-determination before the matter was presented to Committee. The hearing had been set for 1 May 2007.

On 18 December 2006 a letter was received from the appellants stating that, following a decision on a recent case, the current case should be treated as exempt as the consent of the Council would not be required for the abatement of a nuisance. In this particular case the felling of the tree being a remedy was not at dispute, what was resolved was that it was not open to the Council to say it would be possible to resolve the issue by such measures as a root barrier or improved foundations.

This argument by the appellants had been the subject of a legal opinion specially commissioned on behalf of the Council. Effectively this opinion had confirmed the submission of the appellants in all major respects and confirmed that there was no likelihood of the Council succeeding in a case that the tree was not exempt as a result of the failure to construct proper foundations. This has rendered the legal process of the appeal redundant since the Council cannot argue that the case falls within its jurisdiction to agree.

RESOLVED:

(1)   That, an oak tree subject to TPO 16/90 at Oak Trees, High  ...  view the full minutes text for item 13.

(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.

RESOLVED:

That the planning applications numbered 1 – 14 be determined as set out in the schedule attached 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.