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 8 October 2008 as correct record (attached).

         RESOLVED:

That the minutes of the meeting of the Sub-Committee held on October 8 2008 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 the following items of the agenda by virtue of being a member of Waltham Abbey Town Council Planning Committee. The Councillor had determined that her interest was non prejudicial and indicated that she would remain in the meeting for the consideration of the items and voting thereon:

• EPF/1840/08 13 Windsor Wood, Waltham Abbey; and

• EPF/1305/08 1 Carterfield Road, Waltham Abbey; and

• EPF/1771/08 Unit 1, Highbridge Retail Park, Highbridge Street, Waltham Abbey; and

• EPF/1675/08 The Barn, Warlies Park Farm, Woodgreen Road, Waltham Abbey

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor Ms S Stavrou declared a personal interest in the following item of the agenda by virtue of being a member of Waltham Abbey Town Council Planning Committee. The Councillor had determined that her interest was non prejudicial and indicated that she would remain in the meeting for the consideration of the item and voting thereon:

• EPF/1840/08 13 Windsor Wood, Waltham Abbey

(c)        Pursuant to the Council's Code of Member Conduct, Councillor Ms S Stavrou declared a personal interest in the following items of the agenda by virtue of being a member of Waltham Abbey Town Council Planning Committee. She declared a further interest in the same items by virtue of having a pecuniary interest in a shop in Waltham Abbey which traded in electrical goods. It was possible that this interest may have been affected by the retail sales of the two applications in question. The Councillor had determined that her interest was non –prejudicial and indicated that she would remain in the meeting for the consideration of the items and voting thereon:

• EPF/1305/08 1 Carterfield Road, Waltham Abbey

• EPF/1771/08 Unit 1, Highbridge Retail Park, Highbridge Street, Waltham Abbey

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor Ms S Stavrou declared a personal interest in the following item of the agenda by virtue of being the ward member and a member of Waltham Abbey Town Council Planning Committee. The Councillor had determined that her interest was non-prejudicial and indicated that she would remain in the meeting for the consideration of the item and voting thereon:

• EPF/1675/08 The Barn, Warlies Park Farm, Woodgreen Road, Waltham Abbey

(e)        Pursuant to the Council's Code of Member Conduct, Councillor Ms J Lea declared a personal interest in the following item of the agenda by virtue of living in close proximity to the application in question. The Councillor had determined that her interest was non-prejudicial and indicated that she would remain in the meeting for the consideration and voting thereon:

• EPF/1840/08 13 Windsor Wood, Waltham Abbey

(f)         Pursuant to the Council's Code of Member Conduct, Councillor Ms J Lea declared a personal interest in the following items of the agenda by virtue of being employed by a neighbouring company to the sites in question. The Councillor had determined that her interest was prejudicial and that she would leave the meeting for the consideration  ...  view the full minutes text for item 47.

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.

(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 – 5 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.

To consider the attached report.

The Principal Planning Officer presented a report to the Planning Committee regarding EPF/0365/08 – Skillet Hill Farm, Honey Lane, Waltham Abbey. This application had been before Area Plans West Sub-Committee in December 2007. The application concerned changing the use of land and buildings at Skillet Hill Farm to a lorry park for up to 25 vehicles. Essex County Council Highways officers had raised a principal objection to the proposal, on the grounds that the A121 Honey Lane was a main distributor. Direct access from these roads would be prohibited, any development proposal which sought to create a new access, or increase the use of an existing access, would attract a recommendation for refusal.

Members of the committee, in reaching their decision to refuse the planning application had followed this reasoning and the development was refused on the following grounds:

1.      The development had resulted in an increase in use of an existing access to Honey Lane, which at this location is a Main Distributor (PR1). The primary function of this route was the carrying of traffic freely and safely between major centres in the region.  The increased use of the access is prejudicial to that function and as such contrary to Policy 1.2.1 of the Essex County Council 2006-2011 Local Transport Plan, and to Policy ST4 of the adopted Local Plan and Alterations.

2.  The development was inappropriate in the Metropolitan Green Belt in that it was harmful to its openness and visual amenities. The special circumstances put forward by the applicant did not amount to very special circumstances sufficient to override the harm caused by the development. The use was therefore prejudicial to the purpose of including land in the Metropolitan Green Belt and accordingly, was contrary to the provisions of PPG2 and polices GB2A and GB7A of the adopted Local Plan and Alterations.

An appeal against this decision had been lodged and would be determined by Public Inquiry in January 2009. The County Highways Section was asked to represent the District Council at the Public Inquiry and provide expert evidence regarding the Highway reason for refusal.

Since then, County Council Highways had stated that following re-assessment of the proposal, they now stated that they were not willing to defend the County Highways reason for refusal. The officer concerned had stated: “We have to consider very carefully as to what the likely outcome could be and whether we should use valuable staff resources and time putting together our case and then defending it on the day. In this case, the chances of the Inspector dismissing the Appeal on highway grounds, in our opinion, are slim to nil.”

Following this, officers sought advice from an independent Highways Consultant who confirmed that it would be difficult to put forward a robust defence of the County Highways reason for refusals. His reasons were as follows:

“(i)    the location of the access to and from the site was between the two

roundabouts which had been created on the introduction  ...  view the full minutes text for item 51.