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 held on 10 November 2010.

RESOLVED:

That the minutes of the last meeting of the Sub-Committee held on 10 November 2010 be taken as read and signed by the Chairman as a correct record subject to Minute Item 53 Declarations of Interest (g) (i) “128 Alderton Hill, Loughton” be amended to “18 Alderton Hill, Loughton.”

In the absence of the Vice-Chairman, the Chairman requested nominations for the role of Vice-Chairman.

RESOLVED:

That Councillor Mrs L Wagland be elected Vice-Chairman for the duration of the meeting.

(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 Mrs P Richardson declared a personal interest in the following items of the agenda by virtue of being a member of Loughton Town Council. The Councillor had declared that her interests were not prejudicial and that she would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/2255/10 2 Potters Close, Loughton IG10 1JQ;
• EPF/1796/10 22 Albion Hill, Loughton IG10 4RD;
• EPF/2056/10 38 Station Road, Loughton IG10 4NX;
• EPF/2125/10 Land adjoining Clays Lane/Junction of England’s Lane, Loughton IG10 2R2; and
• EPF/2142/10 15 Goldings Rise, Loughton IG10 2QP

(b)        Pursuant to the Council’s Code of Member Conduct, Councillors J Knapman, A Lion and Mrs L Wagland declared a personal interest in the following items of the agenda by virtue of being members of Chigwell Parish Council. The Councillors had declared that their interests were not prejudicial and that they would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/1749/10 7 Chigwell Park, Chigwell IG7 5BE;
• EPF/2175/10 7 Chigwell Park, Chigwell IG7 5BE;
• EPF/2174/10 43 Mount Pleasant Road, Chigwell IG7 5EP; and
• EPF/1585/10 Marchings Farm, Gravel Lane, Chigwell IG7 6DQ

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor R Cohen, declared a personal interest in the following item of the agenda. The Councillor declared that his interest was prejudicial and that he would leave the meeting for the consideration of the application and voting thereon:

• EPF/2142/10 15 Goldings Rise, Loughton IG10 2QP

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor J Markham, declared a personal interest in the following item of the agenda by virtue of being a member of the Loughton Resident’s Association. The Councillor had determined that his interests were not prejudicial and that he would remain in the meeting for the consideration of the application and voting thereon:

• EPF/2125/10 Land adjoining Clays Lane/Junction of England’s Lane, Loughton IG10 2R2

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs C Pond, declared a personal interest in the following items of the agenda by virtue of being a member of Loughton Town Council. In respect of application EPF/2125/10 Land adjoining Clays Lane/Junction of England’s Lane, Loughton IG10 2R2, the Councillor declared an additional personal interest as a member of Loughton Resident’s Association. The Councillor had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration of the applications and voting thereon:

• EPF/2255/10 2 Potter’s Close, Loughton IG10 1JQ;
• EPF/1796/10 22 Albion Hill, Loughton IG10 4RD;
• EPF/2125/10 Land adjoining Clays Lane/Junction of England’s Lane, Loughton IG10 2R2; and

• EPF/2142/10 15 Goldings Rise, Loughton IG10 2QP

(f)         Pursuant to the Council’s Code of Member Conduct, Councillor Mrs T Cochrane, declared a personal interest in the following item of the agenda. The Councillor stated that her interest was not prejudicial and that she would stay in the meeting for the consideration of the application and voting thereon;

• EPF/2125/10 Land adjoining  ...  view the full minutes text for item 61.

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.

There was no other business for the Sub-Committee to consider.

(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 - 10 be determined as set out in the attached schedule to these minutes.

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

The Sub-Committee received a report regarding Probity in Planning – Appeals, April to September 2010. 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. The purpose was to inform the committee of the consequences of their decisions in this respect and in cases where the refusal was found unsupportable on planning grounds, an award of costs could be made against the Council.

The District Council had created a Local Performance Indicator. In previous years, this target had been to not exceed 25% of allowed decisions. For 2010/11 a revised target had been set to not exceed 28%.

Over the six month period between April and September 2010, the Council received 36 decisions on appeals, 32 of which were planning related appeals and 4 were enforcement related. Of these 10 were allowed (31.7%). For LPI45, which only considered appeals against the refusal of planning permission, the 6 month performance figure was 28.1% allowed (9 of 32 appeals). LPI45 target for this year was 28% of the 22 planning application decisions made by the Director of Planning and Economic Development under delegated powers, 3 were allowed (13.6%). During this period, there were two awards of costs made against the Council. The first was an appeal against an enforcement notice for a change of use from office to a one bedroom flat, full costs were awarded because the Inspector considered the Council had issued the enforcement notice too promptly after the appellant had given notice that he was about to make a planning application ad secondly, the information then submitted was sufficient for the Council to justify withdrawing the enforcement notice.

The second case was an appeal against an enforcement notice for the use of the site for permanent residential accommodation. The Council had not, in the opinion of the Planning Inspector, considered the fall back situation and the previous use of the site.

The Council’s performance for this 6-month period was an improvement on 2009/10 despite there being fewer appeals submitted. Fewer public inquiries and hearings have helped safeguard against over using the budget set aside for employing consultants to defend appeals, given the procedure was now set by the Planning Inspectorate. Whilst two costs have been awarded against the Council, this had still been relatively low and infrequent, though in one case it perhaps indicated that there should be some caution taken by officers before issuing an enforcement notice a little hastily.

RESOLVED:

That the Planning Appeal Decisions for the period April – September 2010 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.