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 19 January 2011 as a correct record (attached).

         RESOLVED:

That the minutes of the meeting of the Sub-Committee held on 19 January 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, Councillor Mrs M Sartin declared a personal interest in agenda items 7 (1) (EPF/2411/11 Hall Cottage, Harlow Road, Roydon) and 7(2) (EPF/2469/11 – Hall Cottage, Harlow Road, Roydon) by virtue of being personally acquainted with the architect.  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 M Sartin declared a personal interest in agenda items 7 (4) (EPF/2558/11 - 65 High Street, Roydon) by virtue of being a customer of this shop. 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.

(c)        Pursuant to the Council's Code of Member Conduct, Councillors Mrs M Sartin and Ms S Stavrou declared a personal interest in agenda item 9 (Holmsfield Nursery, Nazeing) by virtue of being appointed representatives on the Lea Valley Regional Park Authority. They understood that the item on the agenda was purely a procedural one and would not involve discussion of planning matters affecting the authority. The Councillors declared that their interests were not prejudicial and indicated that they would remain in the meeting during the consideration and voting on the item.

(d)       Pursuant to the Council's Code of Member Conduct, Councillors J Wyatt and R Bassett declared a personal interest in agenda item 9 (Holmsfield Nursery, Nazeing) by virtue of being appointed deputy representatives on the Lea Valley Regional Park Authority. They understood that the item on the agenda was purely a procedural one and would not involve discussion of planning matters affecting the authority. The Councillors declared that their interests were not prejudicial and indicated that they would remain in 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.

(Director of Planning and Economic Development)  To consider the planning applications 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.

(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.

EPF/0849/10 – Retention of use of site for eight private gypsy plots to replace previous temporary consent

1.         This application was reported to the meeting of Areas Plans Sub Committee West on 13 October 2010 with the Officers' recommendation that planning permission be granted subject to conditions.

2.         Pursuant to section 14 of the Lee Valley Regional Park Authority Act 1966 ("the 1996 Act"), if Members were minded to grant permission in this case, the Council was obliged to notify the Lee Valley Regional Park Authority (LVRPA) of that intention, to allow LVRPA the opportunity to request within 14 days that the Council refer the application to the Secretary of State for the purpose of deciding whether to call in the application for his determination.  At that meeting Members voted to grant permission in accordance with officers' recommendation and, upon receiving notification of the Council's intention to grant planning permission, LVRPA requested that the Council refer the application to the Secretary of State in accordance with section 14(8) of the 1966 Act.  The Council referred the matter to the Secretary of State who subsequently declined to exercise his discretion to call in the application.  In accordance with its duty to determine the application, the Council notified the LVRPA of the Secretary of State's decision, following which Officers arranged for the decision notice dated 29 November 2010 granting conditional planning permission to be issued, in accordance with the Committee's decision.

3.         By way of a letter dated 10 January 20111, the LVRPA notifed the Secretary of State and the Council of its intention to challenge by way of Judicial Review both the Secretary of State's decision to decline to exercise his discretion to call in the application and the Council's decision to grant planning permission.  The main ground of challenge against the Council's decision being based upon the contention that the Minute of the 13 October 2010 meeting did not authorise officers to grant planning permission.

4.         As published, the Meeting states that: ‘Members resolved to Grant Permission (with conditions) subject to the withdrawal of objections from Lea Valley Regional Park Authority’.

5.         A review of the web cast of this meeting and the decision taken in respect of EPF/0149/10 shows that the recorded Minute is not an accurate record of the resolution upon which Members took their decision, which was as follows:

Chairman: “Those in favour of granting permission with conditions”

Committee Clerk: “Those in favour 5 Chairman those against 2 Chairman Abstentions 4”

Chairman: “So permission is granted with the recommendation to Lee Valley Regional Park Authority that this permission is granted. They have two weeks to react and they may require us to call this into the Secretary of State. So although Epping Forest Councils Plans West is granting permission there may be further obstacles along the path. I think you should be aware of that. Anyway permission granted from this commission. Thank you for your attendance.”

6.         Advice has been sought from Counsel, Mark Beard,  ...  view the full agenda text for item 73.

The Senior Planning Officer, Jerry Godden, explained that an application (EPF/0849/10) for the retention of use of site for eight private gypsy plots to replace previous temporary consent that had been reported to the Area Plans West meeting of 13 October 2010. At this meeting the members had granted permission in accordance with officer’s recommendations. However, the recorded minute for this item had not been recorded correctly and perusal of the webcast confirmed this.

Accordingly, members were requested to rectify the error by approving an accurate record of the minutes such that the minute in respect of the Area Plans Sub Committee meeting on 13 October 2010, item 37, report item 1 be amended.

            RESOLVED:

That the minute in respect of the Area Plans Sub Committee meeting on 13 October 2010, item 37, report item 1 (application EPF/0849/10) is amended to read:

“Members resolved to grant permission (with conditions)”.