Agenda and minutes

1.         This meeting is to be webcast;

2.         Members are reminded of the need to activate their microphones before speaking; and

3.         the Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

If you are seated in the 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 speak the webcasting officer.”

To confirm the minutes of the last meeting of the Sub-Committee held on 29 January 2020. 

            RESOLVED:

That the minutes of the meeting held 29 January 2020 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on this agenda.

(a)          Pursuant to the Council’s Code of Member Conduct, Councillor A Patel declared a non-pecuniary interest in the following item of the agenda by virtue of being the Commercial and Regulatory Services Portfolio Holder. The Councillor had determined that he would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/2126/19 – 202 High Road, Loughton.

Section 100B(4)(b) of the Local Government Act 1972, 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.

It was noted that there was no other urgent business for consideration by the Sub-Committee.

A Planning Policy Briefing Note (March 2018) has been produced by the Planning Policy Team to ensure that a consistent approach is taken to the provision of planning policy advice for the District, particularly in relation to the Epping Forest District Local Plan Submission Version, which was published on 18 December 2017.

The primary purpose of the Planning Policy Briefing Note is to inform the development management process and to provide assistance for Development Management Officers, Councillors, applicants and planning agents. The Planning Policy Briefing Note is available at:

http://www.efdclocalplan.org/wp-content/uploads/2018/03/Planning-Policy-Briefing-Note_Mar-2018.pdf

It was noted that the Epping Forest District Local Plan Submission Version Planning Policy Briefing note was available at:

http://www.efdclocalplan.org/wpcontent/uploads/2018/03/Planning-Policy-Briefing-Note_Mar-2018.pdf

To identify and agree requirements for formal site visits to be held with regard to any planning application listed in this agenda, prior to consideration of the application.

It was noted that the following formal site visit was requested by members, and agreed by the Committee, prior to the consideration and determination of the remaining applications.

·         EPF/1680/19 – 30 York Hill, Loughton.

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=625996

DEFERRED FOR SITE VISIT

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=628058

DEFERRED FOR ADDITIONAL INFORMATION

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=629119

REASON  FOR REFUSAL

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=631338

CONDITIONS

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=631558

CONDITIONS

To consider the attached report.

The Sub-Committee received a report regarding Probity in Planning – Appeal Decisions 1 April 2019 to 30 September 2019. In compliance with the recommendation of the District Auditor, the report advised the decision-making committee of the results of all successful allowed appeals (i.e. particularly those refused by committee contrary to officer recommendation).

The purpose of the report was to inform the Area Plans Sub-Committee South of the consequences of their decisions in this respect and, in cases where the refusal was found to be unsupportable on planning grounds, an award of costs might have been made against the Council.

Over the six-month period between 1 April 2019 and 30 September 2019, the Council received 56 decisions on appeals (54 of which were planning related appeals, the other two were enforcement related). Seven appeals out of 54 were allowed (13%). Broken down further, Committee reversals performed very well with only 2 out of 14 allowed (14.3%) and there was also a good officer delegated decisions performance of 5 out of 40 (12.5%) allowed.

Out of the planning appeals that arose from decisions of the Area Plans Sub-Committee South to refuse contrary to the recommendation put to them by officers during the 6-month period, one appeal was allowed against decisions made and three were dismissed. Out of 2 Enforcement Notice appeals, both were dismissed, but only one was of relevance to this Sub-Committee.

During this period, there were no successful award of costs against the Council.

Whilst performance in defending appeals at 22.6% appeared to be modest, there was no national comparison of authority performance. Members and officers were reminded that in refusing planning permission there needed to be justified reasons that in each case must be not only relevant and necessary, but also sound and defendable so as to avoid paying costs. This was more important now than ever given that a Planning Inspector or the Secretary of State could award costs, even if neither side had made an application for them. Whilst there was clearly pressure on Members to refuse in cases where there were objections from local residents, these views (and only when they were related to the planning issues of the case) were one of a number of relevant issues to balance out in order to understand the merits of the particular development being applied for.

            RESOLVED:

That the probity in Planning report covering the period 1 April 2019 to 30 September 2019 be noted.