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 26 May 2010 be taken as read and signed by the Chairman as correct record subject to the addition of Matthew Bradley, County Council Officer for highways and Councillor D Wixley declaration of interest as follows;

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 being a customer at the Garden Centre and for family reasons visiting the cemetery next door to the application. The Councillor had determined that his interest was not prejudicial and he would stay in the meeting for the consideration of the application and voting thereon:

·         EPF/2361/09  Garden Centre, 212 Manor Road, Chigwell.

(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 P Spencer, Mrs J Sutcliffe, Ms S Watson and D Dodeja declared a personal interest in the following item of the agenda by virtue of being members of Buckhurst Hill Parish Council. The Councillors had determined that their interest was not prejudicial and they would stay in the meeting for the consideration of the application and voting thereon:

• EPF/0503/10 81  High Road, Buckhurst Hill

(b)        Pursuant to the Council’s Code of Member Conduct, Councillors B Sandler, Mrs L Wagland, J Knapman, K Chana and A Lion 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 they would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/0635/10  1 Orchard Way, Chigwell
• EPF/0850/10  20Tomswood Road, Chigwell

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor J Knapman declared a personal interest in the following item of the agenda by virtue of being the Essex County Councillor and that the Leader of Council was the EFDC representative and chairman of the Epping Forest College. The Councillor had determined that his interest was not prejudicial and they would stay in the meeting for the consideration of the application and voting thereon:

• EPF/0533/10  Loughton Sports Centre, Rectory Lane, Loughton

(d)        Pursuant to the Council’s Code of Member Conduct, Councillors L Leonard, T Cochrane, D Wixley and C Pond declared a personal interest in the following items of the agenda by virtue of being members of Loughton Residents Associations. The Councillors had determined that their interest was not prejudicial and they would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/0533/10  Loughton Sports Centre, Rectory Lane, Loughton
• EPF/0670/10  Cakes and Shakes, 246B High Road, Loughton

(e)        Pursuant to the Council’s Code of Member Conduct, Councillors Mrs C Pond, D Wixley and Mrs P Richardson declared a personal interest in the following items of the agenda by virtue of being member of Loughton Town Council. The Councillors had determined that their interest was not prejudicial and they would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/0872/10  6 The Fountains, Loughton
• EPF/0533/10  Loughton Sports Centre, Rectory Lane, Loughton
• EPF/0579/10  16 Tycehurst Hill, Loughton
• EPF/0670/10  Cakes and Shakes, 246B High Road, Loughton

(f)         Pursuant to the Council’s Code of Member Conduct, Councillor Jennie Hart declared a personal interest in the following items of the agenda by virtue of being member of Loughton Resident Association and had previously been the Deputy Warden of the Deben Community Association for the Loughton Sports Centre . The Councillor had determined that her interest was not prejudicial and she would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/0872/10  6 The Fountains, Loughton
• EPF/0533/10  Loughton Sports Centre, Rectory Lane, Loughton
• EPF/0579/10  ...  view the full minutes text for item 13.

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

(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.

To consider the attached report.

The Sub-Committee considered a report regarding Probity in Planning – Appeal Decisions, October 2009 to March 2010. The report advised the decision making committees of the results of all successful appeals, particularly those refused by committee contrary to officer recommendation.

Over the six month period between October 2009 and March 2010, the Council received 60 decisions on appeal, of which 56 were planning and related appeals and 4 were enforcement related. Of these, 19 were allowed (31.7%).

The proportion of the 56 appeals that arose from decisions of the committees to refuse contrary to the recommendation put to them by officers during the 6 month period was 23%, and of the 13 decisions that this percentage represented, the Council was not successful in sustaining the committee’s objection in 7 of 13 (53.8%). Two of the seven cases allowed directly involved re-development and a higher density of housing and it was understood that the Inspectorate had been charged to allow appeals for new dwellings whenever possible to assist in meeting housing needs. Therefore refusals based upon density factors or overdevelopment were unlikely to succeed in roads of mixed residential uses that already included flats, unless real harm to the surroundings or adjacent properties could be shown, or poor design could be identified.

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

The Council’s performance for this 6 month period and the previous 6 months, was an improvement on 2008/09, despite there being fewer appeals submitted.

RESOLVED:

That the Probity in Planning Appeal Decisions October 2009 to March 2010

be noted.