Agenda and minutes

Area Planning Sub-Committee South - Wednesday 12th June 2024 7.00 pm

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: Democratic Services Tel: (01992) 564243  Email:  democraticservices@eppingforestdc.gov.uk

Media

Items
No. Item

1.

Webcasting Introduction

This meeting is to be webcast and the Chairman will read the following announcement:

 

“I would like to remind everyone that this meeting will be filmed live or recorded, and uploaded to the internet and will be capable of repeated viewing.

 

Therefore, by participating in this meeting, you are consenting to being filmed and to the possible use of those images and sound recordings.

 

If any public speakers on MS Teams do not wish to have their image captured, they should ensure that their video setting throughout the meeting is turned off and set to audio only.

 

Members and public speakersare reminded to turn on their microphones before speaking and turn them off when they have finished.”

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Minutes:

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.

2.

Declarations of Interest

To declare interests in any item on this agenda.

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Minutes:

Pursuant to the Council’s Members’ Code of Conduct, Councillor D Sunger declared a non-pecuniary interest in the following item of the agenda by virtue of knowing an interested party associated with this application and acknowledged he had received emails from members of the public objecting to these applications like other councillors. The Councillor determined that he would remain in the meeting for the consideration of the application and voting thereon:

 

·     EPF/1770/23 – 191, The Firs, High Road, Chigwell IG7 5AS

 

Pursuant to the Council’s Members’ Code of Conduct, Councillor D Sunger declared a pecuniary interest in the following item of the agenda, as his company collected the rent. He also knew some of the objectors and acknowledged he had received emails from members of the public objecting to these applications like other councillors. The Councillor determined that he would leave the meeting for the consideration of the application and voting thereon:

 

·     EPF/2447/23 – 233-235 Fencepiece Road, Chigwell IG7 5EB

 

Pursuant to the Council’s Members’ Code of Conduct, Councillor I Allgood declared a non-pecuniary interest in the following item of the agenda, as he had met the applicant. The Councillor determined that he would remain in the meeting for the consideration of the application and voting thereon:

 

·     EPF/2808/23 – 2 Danbury Road, Loughton IG10 3AP

 

Pursuant to the Council’s Members’ Code of Conduct, Councillor K Rizvi declared a non-pecuniary interest in the following item of the agenda by virtue of knowing an associated party with an interest in this application. He also knew three of the registered speakers who were ward residents. The Councillor determined that he would remain in the meeting for the consideration of the application and voting thereon:

 

·     EPF/1770/23 – 191, The Firs, High Road, Chigwell IG7 5AS

 

Pursuant to the Council’s Members’ Code of Conduct, Councillor L Morgan declared a non-pecuniary interest in the following item of the agenda, as she had attended the Chigwell Parish Council meetings but would remain open-minded at this meeting. She also knew an associated party with an interest in this application and knew one of the speakers. The Councillor determined that she would remain in the meeting for the consideration of the application and voting thereon:

 

·     EPF/1770/23 – 191, The Firs, High Road, Chigwell IG7 5AS

 

Pursuant to the Council’s Members’ Code of Conduct, Councillor L Morgan declared a non-pecuniary interest in the following items of the agenda, as she had attended the Chigwell Parish Council meetings but would remain open-minded at this meeting and also knew one of the speakers on these applications. The Councillor determined that she would remain in the meeting for the consideration of the application and voting thereon:

 

·     EPF/1919/23 – Land to the South of Chigwell Rise IG7 6BN

·     EPF/2447/23 – 233-235 Fencepiece Road, Chigwell IG7 5EB

 

Pursuant to the Council’s Members’ Code of Conduct, Councillor S Rackham declared a non-pecuniary interest in the following item of the agenda and determined that she would remain in the meeting for the consideration of the application and voting  ...  view the full minutes text for item 2.

3.

Minutes pdf icon PDF 113 KB

To confirm the minutes of the last meeting of the Sub-Committee held on 27 March 2024.

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Minutes:

RESOLVED:

 

That the minutes of the Sub-Committee held on 27 March 2024 be taken as read and signed by the Chairman as a correct record.

 

4.

Any Other Business

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.

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Minutes:

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

5.

Site Visits

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.

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Minutes:

There were no formal site visits requested by the Sub-Committee.

6.

EPF/1291/23 18, Kenilworth Gardens, Loughton, IG10 3AG pdf icon PDF 204 KB

To consider the attached report for the Rear first floor extension, demolition of existing rear conservatory and erection of a new single storey rear extension with rooflight, change of roof from pitched to small crown, replacement of all windows and new front porch with gable detail.

Additional documents:

Minutes:

Members of the Committee received a presentation from the Planning Officer. The Committee discussed the planning merits of the application and agreed to the removal of permitted development rights.

 

            Resolved:

 

            The Committee voted to approve the application with the removal of permitted development rights.

7.

EPF/1770/23 191, The Firs, High Road, Chigwell, IG7 5AS pdf icon PDF 186 KB

To consider the attached report for the Change of use of existing vacant residential property to a day nursery within Class E along with creation of new central vehicular access following closure of existing accesses and associated car, cycle, buggy and scooter parking provision.

Additional documents:

Minutes:

Members of the Committee received a presentation from the Planning Officer and representations from an objector, the Parish Council and applicant’s agent. The Committee discussed the planning merits of the application.

 

As the Committee voted against the officer recommendation to approve the application with two extra conditions that the play area was open between 9.00 to 18.00 and no further permitted development rights, the application was not granted. Reasons for refusal of the application were proposed, seconded, and voted for by the Committee.

 

            Resolved:

 

            The Committee voted to refuse the application for the following reasons.

 

1.         The nursery will accommodate up to 60 children and 20 staff, yet only three car parking spaces have been provided. This provision is considered insufficient to meet the needs of the development which could lead to inappropriate kerbside parking in the vicinity of the site. The proposal is therefore contrary to the requirements of policy T1 of the Adopted Local Plan.

 

2.         The displacement of parking from the site onto surrounding streets would place additional pressure on the spaces available to serve existing housing in surrounding residential roads and shops along Brook Parade. This is likely to lead to additional pressure for parking spaces in the locality and as a result undermine the amenity of the area and as such is contrary to the requirements of policy DM9 A and (I).

 

3.         The change of use to a children’s nursery as a result of the activities generated by the use of the rear garden by up to 40 children and their staff will result in an intensification of the use of this area which is out of character with this suburban residential location. The resulting relationship would lead to significant and harmful levels of noise and disturbance for adjoining neighbouring dwellings, to the detriment of their residential amenity. The proposal is therefore contrary to Policies DM9 (I) and DM21 (A) and (B) of the Adopted Local Plan (2023) and NPPF.

 

4.         The proposal will result in an increase in AADTs through the Epping Forest Special Area for Conservation (EFSAC) and its 200m buffer, it is therefore considered that the proposal and the in combination affects with other plans and projects would have an adverse impact on the integrity of the EFSAC. The Council, as competent authority, is not satisfied beyond reasonable scientific doubt that the development has not adversely affected the integrity of the EFSAC and there are no alternative solutions or imperative reasons of overriding public interest why the development should be permitted. As such, the development is contrary to policy DM2 of the Adopted Local Plan (2023), the NPPF (2023) and the requirements of the Habitats Regulations 2017.

8.

EPF/1919/23 Land to the South of Chigwell Rise, IG7 6BN pdf icon PDF 1 MB

To consider the attached report for the proposed use of the site as a natural burial ground with associated landscaping, access improvements and parking.

Additional documents:

Minutes:

Members of the Committee received a presentation from the Planning Officer and representations from an objector, the Parish Council and applicant. The Committee discussed the planning merits of the application.

 

The Committee voted against the officer recommendation to approve the application. Reasons for refusal of the application were proposed, seconded, and voted for by the Committee.

 

Resolved:

 

The Committee voted to refuse the application, for the following reasons.

 

1.              The site is located within land designated as Metropolitan Green Belt where there is presumption against inappropriate development. The cemetery use will fail to preserve the openness of the site and will conflict with the purposes of containing land within this designation. The proposal therefore falls outside of the list of exceptions contained within paragraphs 154 and 155 of the NPPF to inappropriate development. No very special circumstances or other considerations have been advanced that would outweigh the harm caused by the inappropriateness and the other harm identified, the development would therefore conflict with Chapter 13 of the National Planning Policy Framework and Policy DM4 of the Epping Forest District Adopted Local Plan.

 

2.         The activity and infrastructure required to facilitate the burial ground use will cause unacceptable harm to the character and appearance of the natural landscape of the site and therefore the proposal is contrary to the requirements of DM3, DM5 and DM9 (F) of the Adopted Local Plan (2023).

 

3.         There are insufficient essential facilities provided within the proposal, to allow the site to be operated as a burial ground. Further development would therefore be required to make a fit for purpose cemetery. However, Paragraph 11 (d) of the NPPF advises that since the development is inappropriate development within the Green Belt, further development on the site would be considered unsustainable development and therefore, there is no likely prospect of these facilities being provided and as such the proposal will not function well and as a result will fail to make a positive contribution to the area. It is therefore contrary to the requirements of policy DM9 (A) (ii) and paragraphs 135 and 139 of the NPPF.

9.

EPF/2447/23 233-235 Fencepiece Road, Chigwell, IG7 5EB pdf icon PDF 819 KB

To consider the attached report for the demolition of two semi-detached dwellings and replacement with 6 apartments.

Additional documents:

Minutes:

Members of the Committee received a presentation from the Planning Officer and representations from an objector, the Parish Council and applicant. The Committee discussed the planning merits of the application.

 

            Resolved:

 

            The Committee voted to approve the application with the additional wording on condition 19 as below.

 

Prior to the commencement of the development hereby permitted, details to demonstrate how the use of the lift will be prevented during any period that the rating level of noise (as defined by BS 4142:2014+A1:2019 “Methods for rating and assessing industrial and commercial sound”) emitted from the hydraulic lift exceeds the prevailing background noise level. The measurement position and assessment shall be made according to BS4142:2014 + A1:2019.

 

These details shall be submitted to and approved in writing by the Local Planning Authority. The sound insulation and noise control measures shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

 

Reason: To protect the amenity of noise sensitive premises from noise from mechanical plant in accordance with policy DM21 of the Adopted Local Plan.

10.

EPF/2808/23 2, Danbury Road, Loughton, IG10 3AP pdf icon PDF 176 KB

To consider the attached report for the addition of a porch extension and other minor window and rooflight modifications and alterations.

Additional documents:

Minutes:

Members of the Committee received a presentation from the Planning Officer and representations from an objector and the applicant. The Committee discussed the planning merits of the application.

 

            Resolved:

 

            That the Committee voted to approve the application, with the removal of permitted development rights and the additional conditions, as below.

 

1.         In accordance with the approval given under reference EPF/2707/17 and notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order (GPDO) 2015 (or any Order revoking and/or re-enacting that Order) Each dwelling house shall only be occupied by a single person or by people regarded as forming a single household (C3 (a)) and for no other purpose (including any other purpose in Class C3 (b) and (c) or Class C4 of the Schedule to the Town & Country Planning (Use Classes) Order 1987 or any provision equivalent to that Class in any Statutory Instrument revoking and/or re-enacting that Order).

 

Reason: This use only is permitted and other uses, either within the same Use Class, or permitted by the GPDO are not acceptable to the Local Planning Authority in this location because it may result in a poor standard of accommodation and may harm the character and amenity of the surrounding area accordance with Policy DM9 and T1 of the Epping Forest District Local Plan 2011-2033 (2023) and the NPPF.

 

2.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any other order revoking and re-enacting that order) no development permitted by virtue of Classes A, B, D and E of Part 1 to schedule 2 shall be undertaken, without the prior written agreement of the Local Planning Authority.

 

Reason: The ensure further consideration is given with regards to the effect on the character and appearance of the area and living conditions on adjoining properties [+Green Belt], in accordance with Policy DM9 of the Epping Forest District Local Plan 2011-2033 (2023) and the NPPF.

 

3.       Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of the building or completion of the development, whichever is the sooner. 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. If within a period of five years from the date of the planting or establishment of any  ...  view the full minutes text for item 10.

11.

EPF/0456/24 27 Forest Edge, Buckhurst Hill, IG9 5AD pdf icon PDF 297 KB

To consider the attached report for the demolition of existing conservatory, erection of single storey rear extension, first floor partial depth side extension, and loft conversion with dormer, internal alterations and associated works.

Additional documents:

Minutes: