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.

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

RESOLVED:

That the minutes of the last meeting held on 6 May 2009 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, Councillor D Wixley, declared a personal interest in the following items of the agenda by virtue of having chaired the Loughton Town Council meeting which had discussed these items. The Councillor had determined that his interest was prejudicial and that he would leave the meeting for the consideration of the items and voting thereon:

• EPF/0633/09 199 High Road/2 Station Road, Loughton, Essex IG10 4NZ

• EPF/0715/09 42 Bushfields, Loughton, Essex IG10 3JP

(b)        Pursuant to the Council’s Code of Member Conduct, Councillors K Angold-Stephens, R Barrett, Mrs C Pond and Mrs P Richardson, declared personal interests in the following items of the agenda by virtue of being members of Loughton Town Council. The Councillors had determined that their interests were not prejudicial and that they would stay in the meeting for the duration of the discussion and voting thereon:

• EPF/0633/09 199 High Road/2 Station Road, Loughton, Essex IG10 4NZ

• EPF/0715/09 42 Bushfields, Loughton, Essex IG10 3JP

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs L Wagland, declared a personal interest in the following item of the agenda by virtue of being a member of Chigwell Parish Council. The Councillor had determined that her interest was not prejudicial and that she would stay in the meeting for the duration of the discussion and voting thereon:

• EPF/0485/09 Former Beagles Hut, The Retreat, Retreat Way, Chigwell IG7 6EL

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor J Hart declared a personal interest in the following item of the agenda by virtue of knowing the applicant concerned as his premises had been used as a venue during the period that the councillor was a member of the Town Centre Partnership. The Councillor had determined that his interest was not prejudicial and that he would stay in the meeting for the duration of the discussion and voting thereon:

• EPF/0633/09 199 High Road/2 Station Road, Loughton IG10 4NZ

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor R Law, declared a personal interest in the following item of the agenda by virtue of members of his family having worked for the applicant concerned. The Councillor had determined that his interest was prejudicial and that he would leave the meeting for the duration of the discussion and voting thereon:

• EPF/0633/09 199 High Road/2 Station Road, Loughton IG10 4NZ

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 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 – 4 be determined as set out in the attached schedule to these minutes.

To consider the attached report.

The Sub-Committee received a report regarding Probity in Planning – Appeal Decisions, October 2008 to March 2009.

In compliance with the recommendation of the District Auditor, the report advised the decision making committees of the results of all successful appeals, particularly those refused by committee contrary to officer recommendation. A Best Value Performance Indicator (BVPI) was for district councils to aim to have less than 40% of their decisions overturned on appeal. The latest figure for the national average for District Councils was 30.9%. although that BVPI had been discontinued, the District Council had created a Local Performance Indicator with a target of 25% of allowed decisions.

Over the six month period between October 2008 and March 2009, the Council received 75 decisions on appeal, 71 were planning and related appeals, and 4 were enforcement appeals. Of the 71 planning and related appeals, 35 had been allowed (49.2%), but none of the 4 enforcement appeals were allowed, therefore a combined total of 46.6% of the Council’s decisions were overturned during this period.

For the year 2008/09 as a whole: a total of 153 decisions were received, 146 planning appeals and 7 enforcement appeals. Of the 146 planning appeals 59 were allowed, as were 2 of the 7 enforcement appeals, therefore, a total of 39.8% of the Council’s decisions were overturned. For Local Performance Indicator 45, which only considered appeals against the refusal of planning permission, the 6 month performance figure was 50.7% allowed. For the full year the figure was 40.3%.

The proportion of appeals that arose from decisions of the committees to refuse, contrary to the recommendation of officers, during the 6 month period was 24%, almost 1 in 4 appeals, of the 17 decisions that this percentage represented, the Council were successful in sustaining its objection in only 2 of them. The remaining 15 (88%) were lost. It was noted that 5 of the cases allowed directly involved the erection of new dwellings and 2 others indirectly, and it had been understood that the Inspectorate had been charged to allow appeals for new dwellings whenever possible in order to assist in meeting housing needs. Refusals based upon density factors or overdevelopment were therefore unlikely to succeed unless real harm to the surroundings or adjacent properties could be shown or poor design identified.

However this period also saw an unusually high number of officer decisions, taken under delegated powers, overturned at appeal. A total of 19 out of 53 cases were allowed (36%). The majority, 13, were householder applications for extensions and alterations.

During this period, there were no awards of costs made for or against the Council.

New Appeal Procedures

The Sub-Committee were informed that new appeal procedures had been introduced from 6 April 2009. These concerned two main issues:

(a)        for householder applications made after 6 April 2009 (for extensions or alterations to single dwellings or works within the cartilage of a single dwelling) applicants would only have 12 weeks (instead of 6 months) from the decisions  ...  view the full minutes text for item 6.

(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.