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 18 May 2011.

Resolved:

(1)        That the minutes of the meeting held on 18 May 2011 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 K Chana, J Knapman, G Mohindra, B Sandler 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 determined that their interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/0393/11   Site adj 165 Manor Road, Chigwell; and

·                     EPF/0598/11   Broad Oaks, High Road, Chigwell.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillors D Dodeja, P Spencer, Mrs J Sutcliffe and Mrs S Watson 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 would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0732/11   206 Queens Road, Buckhurst Hill.

(c)        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 determined that her interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/0754/11   258 high Road, Loughton;

·                     EPF/0797/11   37 Upper Park, Loughton; and

·                     EPF/0893/11   18 Eleven Acre Rise, Loughton.

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor James Hart declared a personal interest in the following item of the agenda, by virtue of being a personal friend of the applicant’s neighbour who had objected. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon:

·                     EPF/0893/11   18 Eleven Acre Rise, Loughton.

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor K Angold-Stephens declared a personal interest in the following item of the agenda, by virtue of being a member of Loughton Town Council and the Loughton Residents Association, and had eaten at the premises. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0754/11   258 High Road, Loughton.

(f)         Pursuant to the Council’s Code of Member Conduct, Councillor K Angold-Stephens declared a personal interest in the following item of the agenda, by virtue of being a member of Loughton Town Council and 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 application and voting thereon:

·                     EPF/0797/11   37 Upper Park, Loughton.

(g)        Pursuant to the Council’s Code of Member Conduct, Councillor K Angold-Stephens declared a personal interest in the following item of the agenda, by virtue of being a member of Loughton Town Council and the Loughton Residents Association, and being acquainted with two neighbours of the premises. The Councillor had determined that his interest was not prejudicial and would remain in the  ...  view the full minutes text for item 4.

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 urgent business for the Planning 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:

(1)        That the planning applications numbered 1 – 6 be determined as set out in the attached schedule to these minutes.

(Director of Planning & Economic Development) To consider the attached report (PE-001-2011/12).

The Principal Planning Officer presented a report regarding the appeal decisions for the period October 2010 to March 2011.

The Principal Planning Officer stated that, in compliance with the recommendation of the District Auditor, this report advised the sub-committee of the results of all successful appeals, particularly those refused by the Sub-Committee contrary to the recommendation of the Planning Officer. The purpose was to inform the Sub-Committee of the consequences of their decisions in this respect and, in cases where the refusal was found to be unsustainable on planning grounds, any award of costs that had been made against the Council.

During the six-month period in question, the Council had received 65 decisions on appeal, of which 56 were planning related and 9 were enforcement related; of these, 24 had been allowed, representing 36.9% against a target of 28%. Of the 22 planning appeals that had arisen from Sub-Committee decisions contrary to the Officer’s recommendation, 14 were allowed which represented a result of 63.6%. The four decisions of the Sub-Committee overturned at appeal were:

(i)         EPF/0310/10   118 High Road, Chigwell - Redevelopment involving demolition of 1 house and replacement with 12 apartments;

(ii)        EPF/0924/10   36 Stradbroke Drive, Chigwell – new fence, wall & gates;

(iii)       EPF/2175/10   7 Chigwell Park, Chigwell – extension of existing patio; and

(iv)       EPF/0294/10   13 Eleven Acre Rise – erection of four storey six-bedroom house.

None of these appeals incurred the award of costs against the Council.

Resolved:

(1)        That the Planning Appeal decisions for the period 1 October 2010 to 31 March 2011 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.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

Resolved:

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

11                    Planning Obligation Requirements in respect            5

                        of Proposed Flats in Chigwell

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

The Principal Planning Officer presented a report regarding the planning obligation requirements for the proposed development of flats at the site of the Bald Hind Public House in Hainault Road, Chigwell, under section 106 of the Town & Country Planning Act 1990.

The Sub-Committee noted that the planning appeal, which had been the subject of requirement 5, had been withdrawn by the Applicant since the publication of this agenda. Therefore, it was agreed that there was no need to seek its withdrawal through a planning obligation.

In relation to requirement 6, to not make a further application with vehicular access off Linkside, the Sub-Committee felt that this matter would be better resolved if the Applicant could give a unilateral undertaking to that effect. Therefore, it was agreed that the application could be granted if an unilateral undertaking was given by the Applicant in this respect, otherwise it would need to be reconsidered by the Sub-Committee.

Resolved:

(1)        That the Applicant be requested to give a unilateral undertaking to the Council to not make a further planning application with vehicular access from Linkside; and

(2)        That the planning application EPF/0409/11 be reconsidered by the Sub-Committed if such a unilateral undertaking was not given by the Applicant.