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 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.

(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, C Whitbread and D Stallan declared a personal interest in the following item of the agenda by virtue of being members of the cabinet. The Councillors had determined that their interest were not prejudicial and that they would remain in the meeting for the consideration of the application and voting thereon:

EPF/0786/09 – North Weald Airfield, Hurricane Way, North Weald Bassett.

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

·                     EPF/0599/09 – Oak Lodge, Maltings Drive, Epping.

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

·                     EPF/1348/08 – Matthews Yard, Harlow Road, Moreton, Ongar.

To confirm the minutes of the Sub-Committee meeting of 13 May 2009.

RESOLVED:

That the minutes of the meeting held on 13 May 2009 be taken as read and signed by the Chairman as a correct record.

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.

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

(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 – 5 be determined as set out in the schedule attached to these minutes.

To consider the attached report.

The Sub-committee considered a request to discharge an s106 obligation, at Ashling Farm, Blackmore Road, Stondon Massey. They noted that in 1985 planning permission was given for a second dwelling at this farm. The site was used for intensive pig-rearing and justified the provision of a second dwelling in addition to the original house. The permission was subject to a condition and a legal agreement  under s52 of the then Town & Country Planning Act 1971 restricting its occupation to an agricultural worker and preventing the severance of the Cottage from the remainder of the holding.

In 1996, after the pig-rearing enterprise ceased, the farm was purchased jointly by a brother and sister fully intending to run an agricultural business and comply with the condition and obligation.

In 2005, the circumstances of the sister, the occupier of the Cottage, changed so that she wished to sell the Cottage and thus an application was made to delete the condition and discharge the obligation in respect of the Cottage, offering somewhat reluctantly to transfer the obligation onto the original Farmhouse which was unencumbered by any restrictions, since it was erected long before planning controls.  Permission was granted on this basis, so that the Farmhouse was now restricted by obligations in a planning agreement under s106 of the Town & Country Planning Act 1990 (as amended). The owner has now requested that this agreement be discharged.

The sub-committee noted that this had been going on since 1985 and it was not unreasonable to now get rid of the s106 agreement.

            RESOLVED:

That the s106 obligation on Ashling Farm, Blackmore Road, Stondon Massey be discharged.

To consider the attached report.

The Sub-committee considered the report on probity in planning on appeal decisions between October 2008 to March 2009. The report advised the decision making committees of the results of all successful appeals, particularly those refused by committee contrary to officer recommendation.

Over the six-month period between October 2008 and March 2009, the Council received 75 decisions on appeals – 71 planning and related appeals and 4 enforcement appeals.  Of the 71 planning and related appeals, 35 were allowed (49.2%) but none of the 4 enforcement appeals – a combined total of 46.6% of the Council’s decisions being overturned during this period.

The committees was urged to continue to heed the advice that if they were considering setting aside the officer’s recommendation it should only be in cases where members are certain they are acting in the wider public interest and where the committee officer can give a good indication of some success at defending the decision.

The Council’s performance for this 6-month period had been the worst for many years.   There had been continuing support for Green Belt policies and the support for the Council’s decisions to take enforcement action was particularly encouraging but overall the results had been poor.  

The Sub-committee also noted the new appeals procedures that were introduced from 6 April 2009.  These concerned two main issues:

      (a)  for householder applications made after 6 April 2009, that is applications for extensions or alterations to single dwellings or works within the curtilage of a single dwelling, applicants will only have 12 weeks (instead of 6 months) from the decision in which to appeal.   Once an appeal has been received, the Council has to provide the Inspectorate with the officer’s report under delegated powers or to committee, minutes of the committee meeting, a copy of the reasons for refusal and notification of the relevant policies.  The Council is not able to make any further statement.    Objectors will also not be able to make further comment but copies of letters of objection received at the application stage will be passed on the Inspectorate as at present; and

      (b)  appellants (and the Council) will in future be able to make an application for costs for appeals dealt with by written representations, which is, by far, the most common method of considering an appeal.  Until now costs have only been possible to claim for Hearings and Inquiries.  The Council had been protected from accusations that it had acted unreasonably in the majority of cases because the appeals had been dealt with by written representations.  That will no longer be the case and so there was added responsibility upon all decision-makers, whether the committee or officers, to act responsibly and make decisions on planning merits alone.

The Sub-committee thought that members of  all the planning sub-committees would need training on these new  procedure.

RESOLVED:

(1)        That the Planning Appeal Decisions for October 2008 to March 2009 be noted; and

(2)        That training on the new appeals procedure should be arranged for members.

(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.