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 (or filmed) and will be capable of repeated viewing (or another use by such third parties).

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 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 27 November 2019.

RESOLVED:

That the minutes of the meeting held on 27 November 2019 be taken as read and signed by the Chairman as a correct record subject to page 3 of the minutes EPF/1928/19, paragraph 2 which stated:

‘The café hereby permitted shall not be open for customers other than between 0730hr and 18230hrs’

This should read:

‘The café hereby permitted shall not be open for customers other than between 0730hr and 1830hrs’.

To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

Section 100B(4)(b) of the Local Government Act 1972, 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.

It was noted that there was no other urgent business for consideration by the Sub-Committee.

A Planning Policy Briefing Note (March 2018) has been produced by the Planning Policy Team to ensure that a consistent approach is taken to the provision of planning policy advice for the District, particularly in relation to the Epping Forest District Local Plan Submission Version, which was published on 18 December 2017.

The primary purpose of the Planning Policy Briefing Note is to inform the development management process and to provide assistance for Development Management Officers, Councillors, applicants and planning agents. The Planning Policy Briefing Note is available at:

http://www.efdclocalplan.org/wp-content/uploads/2018/03/Planning-Policy-Briefing-Note_Mar-2018.pdf

It was noted that the Epping Forest District Local Plan Submission Version Planning Policy Briefing note was available at:

http://www.efdclocalplan.org/wpcontent/uploads/2018/03/Planning-Policy-Briefing-Note_Mar-2018.pdf

To identify and agree requirements for formal site visits to be held with regard to any planning application listed in this agenda, prior to consideration of the application.

There were no formal site visits requested by the Sub-Committee.

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=624018

Deferred for a site visit.

To consider the attached report.

This application would be going to the next meeting of the Area Plans West Sub-Committee.

To consider the attached report.

The Sub-Committee received a report regarding Probity in Planning – Appeal Decisions, 1 April 2019 to 30 September 2019.

In compliance with the recommendation of the District Auditor, the report advised the Sub-Committee of the results of all successful allowed appeals (i.e. particularly those refused by committee contrary to officer recommendation.

The purpose was to inform the committee of the consequences of their decisions in this respect and, in cases where the refusal was found to be unsupportable on planning grounds, an award of costs might be made against the Council.

Over the six-month period between 1 April 2019 and 30 September 2019, the Council received 56 decisions on appeals (54 of which were planning related appeals, and the other 2 were enforcement related).

Out of a total of 54 planning related appeals, 7 were allowed (13%). Broken down further, Committee reversals performed very well with only 2 out of 14 allowed (14.3%) and there was also a good Officer delegated decisions performance of 5 out of 40 (12.5%) allowed.

Out of the planning appeals that arose from decisions of the Area Planning Sub-Committee East to refuse contrary to the recommendation put to them by officers during the 6-month period, 1 appeal was allowed against decisions made and 8 were dismissed.

Performance in defending planning application related appeals was reasonable at 22.6%, meaning of course the Council was successful in defending its decisions in 77.4% of cases.   Whilst there was no national comparison of authority performance, Members and Officers were reminded that in refusing planning permission there needed to be justified reasons that in each case must be not only relevant and necessary, but also sound and defendable so as to avoid paying costs. This was more important now than ever given a Planning Inspector or the Secretary of State could award costs, even if neither side had made an application for them.

            RESOLVED:

            That the probity in Planning report covering the period 1 April 2019 to
30 September 2019 be noted.