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 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 Sub-Committee meeting of 17 October 2007.

RESOLVED:

That the minutes of the meeting held on 17 October 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, Councillors Mrs D Collins and C Whitbread declared a personal interest in the following item of the agenda. The Councillors had determined that their interest was prejudicial and they would leave the meeting for the consideration of the application and voting thereon:

·                     EPF/0610/07 – Coopersale Hall School, Flux’s Lane, Epping

(b)            Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J Hedges declared a personal interest in the following items of the agenda by virtue of being a member of Epping Town Council. The Councillor had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/2152/07 – 33 St. Albans Road, Coopersale, Epping

·                     EPF/0610/07 – Coopersale Hall School, Flux’s Lane, Epping

·                     EPF/1716/07 – 1-7a Station Road, Epping

·                     EPF/2123/07 – 17 Lynceley Grange, Epping

(c)            Pursuant to the Council’s Code of Member Conduct, Councillor B Rolfe declared a personal interest in the following item of the agenda. The Councillor had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0610/07 – Coopersale Hall School, Flux’s Lane, Epping

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) 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.

The Sub-Committee were informed that there would be an extra meeting of the Plans East Sub-Committee on Wednesday 8 May 2008.

To consider the attached report.

The Planning Officer presented a report to the Sub-Committee regarding Probity in Planning - Appeal Decisions from April to September 2007. The report, which complied with the recommendation of the District Auditor, advised the decision making committees of the results of all successful appeals, in particular those that were refused contrary to officer recommendation.

During the six-month period between April and September 2007, the Council received 54 decisions on appeals of which 47 were planning and related appeals, and 7 were enforcement appeals. Of the 47 planning and related appeals, 11 were allowed (23%) with none of the 7 enforcement appeals, a combined total of 20.3% of the Council’s decisions, being overturned.

For the Best Value Performance Indicator, which only considered appeals against the refusal of planning permission, the performance figure was 20.5%, which was within target and made the Council one of the top quarter performing authorities.

As with the previous 6-month period, the proportion of appeals that had arisen from decisions of the committees to refuse, contrary to the recommendation of officers, was at a relatively high level of around 23%. Of the 47 appeal decisions, 11 had arisen in such circumstances. The Council only lost 3 of these cases which was much lower than previously. Of the 11 appeals allowed, 7 were in the face of officer’s decisions to refuse under delegated powers and 1 was where the officer recommendation to refuse was agreed by committee.

The Council’s performance during this 6 month period had been highly satisfactory.

            RESOLVED:

            That the Planning Appeal Decisions from April to September 2007 be noted.

To consider the attached report.

The Principal Planning Officer presented a report to the Sub-Committee regarding diversion of Public Footpath 76 North Weald Bassett. This item had been heard at the previous meeting of Area Plans East Sub-Committee on 14 October 2007. The Sub-Committee had resolved, at that meeting, to agree the recommendation to authorise the Director of Corporate Support Services to make and seal a footpath diversion order in respect of 76 North Weald Bassett. However the plan that was appended in the previous agenda, and another subsequently displayed to members at the committee meeting, were incorrect, in that the position of one of the lines was shown as being outside of the site to which the applicant had ownership. A correct plan was shown to the Sub-Committee at the meeting. Procedurally, it was necessary to rescind the previous recommendation concerning the making and sealing of the footpath diversion order.

Planning permission was granted on appeal, in 2004, for the creation of fishing lakes on land at Thornwood Camp, Carpenters Arms Lane. However one of the lakes obstructed the recognised “definitive” line of Public Footpath 76. A developer wished to implement the planning consent, but was unable to because of the impact on the definitive footpath.

The lake did not impact on the actual line of any current footpath. The definitive line, as defined by Essex County Council, did not appear to have ever been the actual position of any footpath. The line appeared to have passed through buildings when the site was a military camp. Essex County Council had been planning a review of their footpath map, but had advised the District Council that this was unlikely to have been completed for several more years.

The footpath, as it currently existed through this section of land, was close to the route which appeared to have existed in the 1920s and was established and enhanced by Epping Forest Countrycare in 1999. The path was well delineated and marked and provided a logical route.

The intention was that the line of the “definitive” footpath was diverted to follow the actual footpath. Therefore, there was to be no actual change to the path on the ground. This order related only to the area of land within the planning application site. Two short additional areas of footpath were also required to join up with the definitive line until such time as the County Council reviewed their maps.

The recommendation was that the diversion order be made.

            RESOLVED:

(1)            That the previous decision made on 17 October 2007 in respect of this matter be rescinded, since this was made with reference to plan reference LD/13/C/067/0a, which was incorrect;

(2)            That the Director of Corporate Support Services be authorised to make and seal a footpath diversion order under Section 257 of the Town and Country Planning Act 1990 (as amended)(“the Act”) in respect of Footpath 76 North Weald Bassett, as shown on the attached plan;

(3)            That the Director of Corporate Support Services be authorised to confirm the order  ...  view the full minutes text for item 51.

(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.

RESOLVED:

That the planning applications numbered 1 - 6 be determined as set out in the schedule attached 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 schedules of planning applications determined by the Head of Planning and Economic Development under delegated authority since the last meeting had been circulated and could be inspected at the Civic Offices.