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 15 May 2013.

Resolved:

(1)        That the minutes of the meeting held on 15 May 2013 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 H Ulkun declared a personal interest in the following item of the agenda, by virtue of being acquainted with the Applicant’s Agent. The Councillor had determined that his interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0555/13   7 Albany View, Buckhurst Hill.

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:

(1)        That the planning applications numbered 1 – 7 be determined as set out in the attached schedule to these minutes.

To consider the attached report.

The Senior Democratic Services Officer presented a report on guidance for undertaking planning site visits.

The Senior Democratic Services Officer stated that, at a meeting of the District Development Control Committee on 27 March 2013, consideration had been given to further guidance for both Members and the public attending site visits, to avoid the perception of pre-determination and to ensure that there was a consistent approach during each visit. The guidance had been split into two documents, one aimed at Members, and the other at interested parties, and would form supplementary guidance to the Council’s Planning Protocol.

The Sub-Committee noted that the District Development Control Committee had agreed that an item should be placed on the agenda for each Planning Sub-Committee to reiterate the process for future visits. It would also be sent to Members, Applicants and Objectors (where known) whenever a site visit was organised. The Assistant Director of Planning and Economic Development (Development Control) had also undertaken to ensure that a consistent approach would be taken by Officers at site visits.

In response to questions from the Members present, it was confirmed that a Planning Officer would be in attendance at each site visit and that any questions should be made through either the Planning Officer, Chairman or Vice-Chairman during the visit. It was also clarified that the guidance appertained to official site visits, not individual Member fact-finding visits. The guidance for Member involvement prior to the consideration of a planning application would be reviewed in due course.

Resolved:

(1)        That the revised guidance regarding site visits be noted;

(2)        That the requirement to follow the revised guidance when undertaking site visits in the future be noted;

(3)        That the publication of the revised guidance on the Council’s website be noted; and

(4)        That the revised guidance be sent to the Members of the Sub-Committee, the Applicant and any Objectors (if known) whenever a site visit was organised.

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

The Principal Planning Officer presented a report on the appeal decisions made during the six-month period 1 October 2012 to 31 March 2013. The report advised the Sub-Committee of the results of all successful appeals, and particularly those appeals against decisions to refuse the application by the Sub-Committee contrary to the Officer recommendation.

During this six-month period, the Principal Planning Officer reported that 15 appeals were made against decisions by the three Sub-Committees to refuse permission contrary to the Officer’s recommendation. Of these appeals, 9 were upheld, representing 60%. There were five successful appeals related to Area Planning Sub-Committee South:

·                     EPF/0131/12   Land to rear of 74-78 Walnut Way, Buckhurst Hill;

·                     EPF/0334/12   Willow Park Farm, Millers Lane, Chigwell;

·                     EPF/2371/11   22 Forest Road, Loughton;

·                     EPF/2103/11   Beagles Hut, Retreat Way, Chigwell; and

·                     EPF/1045/12   82 Princes Road, Buckhurst Hill.

The Principal Planning Officer highlighted that there were four occasions when costs were awarded against the Council. In relation to Area Planning Sub-Committee South, only one of the successful appeals resulted in an award of costs against the Council. For the appeal regarding Beagles Hut in Retreat Way, Chigwell, the Inspector concluded that the decision had been unreasonable and had resulted in unnecessary cost to the Appellant. This claim was settled at £7,912.

The Principal Planning Officer concluded that whilst performance in defending appeals had improved in recent years, the Sub-Committee were reminded of the need for justified reasons when refusing planning permission that had to be not only relevant and necessary, but also sound and defendable at an appeal in order to avoid the risk of paying costs to the Appellant. It was understood that, in cases where there were objections from local residents, there was often pressure on the Sub-Committee to refuse planning permission but this would only form one of the relevant issues to be balanced out when considering the merits of a particular case.

The Sub-Committee noted the report and suggested that the Appeal Decision Notices for those appeals that were unsuccessful when the Sub-Committee had decided against the Officer’s recommendation should also be attached as an appendix to the report.

Resolved:

(1)        That the Planning Appeal decisions for the period 1 October 2012 to 31 March 2013 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.