Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery”

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 Sub-Committee noted the Council’s Protocol for Webcasting of Council and Other Meetings.

The Chairman welcomed members of the public to the meeting and outlined the procedures and arrangements agreed by the Council, to enable persons to address the Sub-Committee in relation to the determination of applications for planning permission.

In view of the unavailability of the Vice-Chairman Councillor J Wyatt, the Chairman asked that a Vice-Chairman be appointed from the Sub-Committee for the duration of the meeting.

RESOLVED:

That Councillor Mrs P Smith be appointed Vice–Chairman for the meeting.

To confirm the minutes of the last meeting of the Sub-Committee held on 6 June 2007 as a correct record (attached).

         RESOLVED:

That the minutes of the meeting of the Sub-Committee held on 6 June 2007 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

(a)            Pursuant to the Council's Code of Member Conduct, Councillor Mrs P Brooks declared personal interest in agenda items 7 (2) (EPF/0456/07 11 Hillhouse, Waltham Abbey), 7(3) (EPF/0488/07 – Beechview Nurseries, Avery Lane, Waltham Abbey) and 7 (4) (EPF/0941/07 – 12 Highbridge Street, Waltham Abbey) by virtue of being on the Waltham Abbey Town Council Planning Committee.  The Councillor declared that her interests were not prejudicial and indicated that she would remain in the meeting during the consideration and voting on the items.

(b)            Pursuant to the Council's Code of Member Conduct, Councillor Mrs R Gadsby declared a personal interest in agenda items 7 (2) (EPF/0456/07 11 Hillhouse, Waltham Abbey), 7(3) (EPF/0488/07 – Beechview Nurseries, Avery Lane, Waltham Abbey) and 7 (4) (EPF/0941/07 – 12 Highbridge Street, Waltham Abbey) by virtue of being on the Waltham Abbey Town Council Planning Committee.  The Councillor declared that her interests were not prejudicial and indicated that she would remain in the meeting during the consideration and voting on the items.

(c)            Pursuant to the Council's Code of Member Conduct, Councillor Mrs A Cooper declared a personal interest in agenda items 7 (1) (EPF/0711/07 – Paslea House, Nursery Road, Nazeing) by virtue of being a member of the Parish Council.  The Councillor declared that her interests were not prejudicial and indicated that she would remain in the meeting during the consideration and voting on the item.

(d)            Pursuant to the Council's Code of Member Conduct, Councillor P McMillan declared a personal interest in agenda items 7 (4) (EPF/0941/07 - 12 Highbridge Street, Waltham Abbey) by virtue of the applicant being his business landlord. The Councillor declared that his interests were prejudicial and indicated that he would leave the meeting during the consideration and voting on the item.

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 reported that there was no urgent business for consideration at the meeting.

(Head 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, Planning applications numbered 1 – 4 be determined as set out in the annex to these minutes.

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

The Sub-Committee considered the options for dealing with the unlawful stationing of a mobile home in the Roydon Chalet Estate that is the subject of an extant enforcement notice.

Despite repeated requests, the requirements of the enforcement notice were not complied with.  In August 2006 the Council attempted to prosecute the owner for failing to comply with the requirements of the notice, but it was not possible to serve a summons on him.  It appears he has moved to Spain but it has not been possible to find a contact address for him.

In October 2006 a Notice was pinned on 42/43 Roydon Chalet Estate asking anyone with an interest in the land to contact Enforcement Officer by 1^st November 2006. No one had made contact with the Council to discuss the matter and the Council.

Since it was not possible to find a person responsible for complying with the enforcement notice that the Council can prosecute, officers had taken steps to explore the option of taking direct action to secure compliance with the notice.

It has been established that the mobile home and hardstanding is not acceptable in planning terms.  Since the Council had not been successful in prosecuting the owner of the land for failing to comply with the requirements of the enforcement notice, if the Council does not uphold it by taking direct action to secure compliance this would result in the harm to flood risk, the Green Belt and visual amenities of the locality continuing to be harmed.  Moreover, if the Council did not take direct action to uphold the enforcement notice it could lead to the owners of other plots on the Estate placing similar mobile homes on them, which would exacerbate the harm already caused.  However, it remained an option to take no further action and close the planning enforcement investigation.  Options for action were:

a)      To give further consideration to taking direct action under Section 178 of the Town & Country Planning Act 1990 to secure full compliance with the requirements of the enforcement notice issued 5^th May 2004.

b)      To take no further action to secure either full or partial compliance with the requirements of the enforcement notice issued 5^th May 2004 and close the planning enforcement investigation.

RESOLVED:

1)   That direct action under Section 178 of the Town & Country Planning Act 1990 be taken, to secure full compliance with the requirements of the enforcement notice issued 5^th May 2004; and

2)   That this matter be referred to the District Development Control Committee with the above recommendation to give authority to the Head of Planning Services and the Head of Legal, Administration and Estates Services to take direct action.

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                                   Exempt Information

Item No            Subject                                                         Paragraph Number

10                    Land on the West Side of Hamlet Hill                   1 and 3

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

The Sub Committee considered options for action in respect of a planning enforcement investigation including taking direct action under Section 178 of the Town and Country Planning Act 1990 to secure compliance or partial compliance with an Enforcement Notice.

The former occupants of land known as ‘Neverest’, Hamlet Hill, removed part of the hedgerow on the boundary of the site with the highway and formed a hard standing on the land with the intention of creating an access road to Neverest. The Council was granted an injunction by the High Court, which prevented the completion of the access road.

In order to secure the removal of the works carried out, an Enforcement Notice was issued on 1^st September 2004 requiring the owner to ‘remove the hardstanding from the land and restore the Land to its condition prior to the hardstanding having been laid and also close the access and reinstate the hedgerow’. No further action was taken at the time.

Following an interviewed it became clear that the landowner was not responsible for laying the hard standing and the persons who carried out the operation have no interest in the land and therefore are not under any obligation to comply with the enforcement notice. The landowner had made attempts to clear the hard standing but had not fully pursued the matter.

Since the unauthorised works on the land were not carried out with the landowner’s consent, and having regard to her health, age and limited means, officers decided it was not in the public interest to prosecute her for failing to comply with the requirements of the enforcement notice.

Members consider the various options open to them. They noted that the hedge is not protected and therefore the gap created was irrelevant, and that the hardstanding, because it was not very deep, was already being eroded by the forces of nature.

            RESOLVED:

That the option to take no further action in relation to this matter and close the planning enforcement investigation be agreed. 

(Head 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 details of planning applications determined by the Head of Planning Economic Development under delegated authority since the last meeting had been circulated to all members and were available for inspection at the Civic Offices.