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.

To confirm the minutes of the last meeting of the Sub-Committee held on 26 September 2007 as a correct record (attached).

         RESOLVED:

That the minutes of the meeting of the Sub-Committee held on 26 September 2007 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 Mrs P Brooks declared a personal interest in agenda items 7 (EPF/01/07 Confirmation of Tree Preservation Order – Land adjacent to Park Farm Nursery, Sewardstone Road, Waltham Abbey) by virtue of being a members of the Lea Valley Regional Park Authority.  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 E Webster declared a personal interest in agenda items 7 (EPF/01/07 Confirmation of Tree Preservation Order – Land adjacent to Park Farm Nursery, Sewardstone Road, Waltham Abbey) by virtue of being a members of the Lea Valley Regional Park Authority.  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.

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.

Councillor Mrs Smith took the opportunity to report back to the Sub-Committee that the Standards Board for England has produced an informative DVD on the conduct of Councillors at planning meetings including the new declaration of interest rules. She urged the members to take the opportunity to view this when offered.

Recommendation: 

That Tree Preservation Order EPF/01/07 is confirmed.

Background:

1.                  Tree Preservation Order EPF/01/07 was made to protect all the trees within this site.

2.                  The Tree Preservation Order was made as a result of this site being marketed for sale.  Whilst it has not been possible to fully access the site, from aerial photographs it is evident that the site is well treed.  The purpose of this area order is to ensure that the trees are taken into account should any planning application be received. 

Objection to the Tree Preservation Order:

3.         An objection to the Order has been received from Strutt & Parker.

The grounds of the objection are as follows:-

i)                   The trees on the site are not worthy of protection

The order seeks to protect trees within the site outlined in the TPO.  The condition of many of the trees is poor and many are dying and it is not considered that the trees are worthy of long term protection.  The species of trees on the site such as Willow, Elm and Ash trees are not considered to be specimens.  The trees at the site are scattered across the landscape and provide no particular pattern to make them worthy of preservation.

ii)                 The reasons for making the order are not explained relating to the trees

The Council has not stated why the trees on the site have been protected by TPO or how the Council have assessed the amenity value of the trees.  No evidence has been provided of an assessment to support the making of the Order.

Head of Planning Services Comments:

4.         The detailed response to the ground of objection is listed below:

i)                    A full tree survey of this site has not been carried out.  Therefore it was necessary to make an area order.  We wrote to Strutt & Parker on 5^th July asking them for a copy of their tree survey that might justify their objection.  To date, this has not been forthcoming.  It is our intention that on receipt of a full tree survey, the area order will be replaced with a new order protecting specific areas, groups or individual trees in accordance with the guidelines laid down in the DETR’s “Tree Preservation Orders – A Guide to the Law and Good Practice”.

ii)                  This site is being marketed for sale.  It was not possible to safely fully access the site in order to carry out a full tree survey.    Therefore, in accordance with the DETR Guide, we have made the TPO without entering the land and before we have had an opportunity to fully assess the amenity value of the trees within the site.  This is a valid and recognised way of dealing with this type of situation.

Conclusions:

5.         From aerial photographs and views into the site, we believe that the trees on this site are worthy of protection.  The only practical way of protecting them at the moment is with an area order.  Without this protection the trees may  ...  view the full agenda text for item 45.

The tree preservation order was made as a result of this site being marketed for sale. Whilst it had not been possible to fully access the site, from aerial photographs it was evident that the site was well treed. The purpose of the area order was to ensure that the trees are taken into account should any planning application be received.

After consideration of the report the sub-committee agreed to the confirmation of the tree preservation order.

            RESOLVED:

            That Tree Preservation Order EPF/01/07 be confirmed.

(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, Planning applications numbered 1 – 3 be determined as set out in the annex 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 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.