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 filmed live for subsequent uploading to the Internet and will be capable of repeated viewing.

If you are seated in the public seating area it is possible that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast although Officers will try and avoid this.

This may infringe your human and data protection rights and if you have any concerns about this you should speak to the Webcasting Officer.”

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 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 last meeting of the Sub-Committee.

RESOLVED:

That the minutes of the meeting held on 15 October 2008 be taken as read and signed by the Chairman as a correct record.

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

(a)        Pursuant to the Council’s Code of Member Conduct, Councillors Mrs L Wagland, K Chana, G Mohindra and B Sandler declared a personal interest in the following items of the agenda, by virtue of being members of Chigwell Parish 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/1763/08   Brook House Cottage, High Road, Chigwell;

·                     EPF/1647/08   The Stables, 60A Hainault Road, Chigwell;

·                     EPF/1650/08   M11 Motorway Service Area, Roding Lane, Chigwell; and

·                     EPF/1750/08   29 Retreat Way, Chigwell.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor R Barrett declared a personal interest in the following items of the agenda, by virtue of being a member of Loughton Town Council. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/1794/08   Highview Court, 29 High Road, Loughton;

·                     EPF/1650/08   M11 Motorway Service Area, Roding Lane, Chigwell;

·                     EPF/1780/08   45 Hillcrest Road, Loughton;

·                     EPF/1807/08   122 High Road, Loughton; and

·                     EPF/1884/08   T11 Site, Langston Road, Loughton.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor R Law declared a personal interest in the following items of the agenda, by virtue of being a member of Loughton Town Council. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/1650/08   M11 Motorway Service Area, Roding Lane, Chigwell; and

·                     EPF/1884/08   T11 Site, Langston Road, Loughton.

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor R Law declared a personal interest in the following items of the agenda, by virtue of being a member of Loughton Town Council. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the applications and voting thereon:

·                     EPF/1794/08   Highview Court, 29 High Road, Loughton;

·                     EPF/1780/08   45 Hillcrest Road, Loughton; and

·                     EPF/1807/08   122 High Road, Loughton.

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor J Markham declared a personal interest in the following items of the agenda, by virtue of being a member of the Loughton Residents’ Association. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/1794/08   Highview Court, 29 High Road, Loughton; and

·                     EPF/1807/08   122 High Road, Loughton.

(f)         Pursuant to the Council’s Code of Member Conduct, Councillors R Barrett and J Markham declared a personal interest in the following item of the agenda, by virtue of a public speaker being a member of the Loughton Residents’ Association. The Councillors had determined that their interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/1650/08   M11 Motorway Service Area, Roding Lane, Chigwell.

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 other urgent business for consideration by the Sub-Committee.

(Director 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 – 8 be determined as set out in the attached schedule to these minutes.

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

The Principal Planning Officer presented a report regarding the results of all successful appeals, particularly those refused by the Committee contrary to Planning Officer recommendation. In the six-month period between April and September 2008, a total of 78 decisions were appealed against. Of the 75 planning and related appeals, 24 were allowed (32%), with 2 out of the 3 enforcement appeals allowed; a combined total of 33%. For Local Performance Indicator (LPI) 45, which only considered planning application appeals, the figure for the period was 26.86% against a target of 25% for the whole year. There were 18 appeals that arose from decisions of the Sub-Committees to refuse permission contrary to the recommendation of Planning Officers, of which 11 were lost. Thus, the Sub-Committee was urged to only set aside a Planning Officer’s recommendation when it was felt that it was in the wider public interest and could be reasonably defended at an appeal. The Council had suffered costs of £50,000 for the planning appeals dismissed at 1 Connaught Avenue in Loughton. In conclusion, the Principal Planning Officer stated that the Council’s performance had just fallen short of the target for the LPI, and any refusal for planning permission should be considered very carefully as to whether it could be sustained at appeal by a Planning Inspector.

The Sub-Committee inquired as to whether it was necessary for each report to offer a recommendation by the Planning Officer. The Principal Planning Officer responded that Planning Officers were Chartered Members of the Royal Town Planning Institute and good practice was for planning applications to be reported to Members with a recommendation, although it was accepted that some reports could be more balanced. The Vice-Chairman added that perhaps more material could be included on balanced reports to enable a refusal by the Sub-Committee to be defended at an appeal, and also welcomed the attendance of two Highways Officers from Essex County Council at the meeting that evening to offer the Sub-Committee further expert advice.

RESOLVED:

            That the Planning Appeal Decisions for the period April to September 2008 be noted.

(Director 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 Director of Planning and Economic Development under delegated authority since the last meeting had been circulated and could be inspected at the Civic Offices.