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 informed the Sub-Committee that there was no webcast being made of this meeting because the Webcasting Officer had been called away on urgent business.

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 10 June 2009.

RESOLVED:

That the minutes of the meeting held on 10 June 2009 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 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 stay in the meeting for the consideration of the application and voting thereon:

• EPF/0649/09 Birch Hall, Coppice Row, Theydon Bois, Epping CM16 7LR

• EPF/0585/09 St John’s C of E Secondary School, Tower Road, Epping CM16 5EN

• EPF/0744/09 5 Centre Drive, Epping CM16 4JH

(b)        Pursuant to the Council’s Code of Member Conduct, Councillors Mrs D Collins, D Stallan and C Whitbread declared a personal interest in the following item of the agenda by virtue of being Portfolio Holders. The Councillors had determined that their interest was not prejudicial and they would stay in the meeting for the consideration of the application and voting thereon:

• EPF/0736/09 Land adjacent to Hanger 2, North Weald Airfield, Merlin Way, North Weald Bassett, Epping

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor C Whitbread declared a personal and prejudicial interest in the following item of the agenda. The Councillor had determined that he would leave the meeting for the consideration of the application and voting thereon:

• EPF/0605/09 Wansfell College, 30 Piercing Hill, Theydon Bois, Epping CM16 7SW

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J Whitehouse declared a personal interest in the following item of the agenda, by virtue of being an Essex County Councillor. The Councillor had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of the application and voting thereon:

• EPF/0585/09 St. Johns C of E Secondary School, Tower Road, Epping CM16 5EN

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor P Gode declared a personal interest in the following items of the agenda, by virtue of being a member of Ongar Town Council. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

• EPF/0853/09 40 Landview Gardens, Ongar CM5 9EQ

• EPF/0892/09 Sunnymede, Greensted Road, Ongar CM5 9LG

(f)         Pursuant to the Council’s Code of Member Conduct, Councillor Mrs A Grigg and D Stallan declared a personal interest in the following item of the agenda, by virtue of being members of North Weald Parish Council. The Councillors had determined that their interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

• EPF/0736/09 Land Adjacent to Hanger 2, North Weald Airfield, Merlin Way, North Weald Bassett, Epping

(g)        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 his children having attended the school concerned and also, as an objector to the application had been his wife’s employment manager. The Councillor had determined that his interest was not  ...  view the full minutes text for item 13.

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 the attached report.

The Sub-Committee received a report from R Hellier, Assistant Landscape Officer, regarding Confirmation for Tree Preservation Order (TPO/EPF/01/09) at 5 Kensington Grove, Oakhill Road, Stapleford Abbotts. It covered one Field Maple tree and was made as part of protection of trees retained on a development comprising 7 properties. An objection to the TPO had been received. The tree was originally protected under Tree Preservation Order TPO/EPF/11/08 but, as a result of a transcription error, had been named as an Oak Tree. The current TPO was for the avoidance of any doubt as to the status of the tree and to ensure that tree protection was effective.

The Members were advised by officers that the plan attached to the agenda for the TPO, was inadequate. It was felt better to defer the item to the next meeting of the Sub-Committee and provide a more an accurate plan.

RESOLVED:

That Tree preservation Order TPO/EPF/0/09 – Maple Tree, 5 Kensington Grove, Oakhill Road, Stapleford Abbotts, be deferred to the next meeting of the Sub-Committee.

(Director of Planning and Economic Development) Report items to follow.

RESOLVED:

That the planning applications numbered 1 - 11 be determined as set out in the schedule attached to these minutes.

(Director of Planning and Economic Development). To consider the attached report.

The Sub-Committee received a report regarding Erection of a Dwelling House without Planning Permission at Red Cottage, New Farm Drive, Abridge RM4 1BU.

A part single, part two storey 8 bedroom detached house with basement had been built without planning permission on land within the Metropolitan Green Belt. The house replaced a small single storey house. Although planning permission was granted in 2004 for a replacement dwelling with amendments to this approval granted in August 2005, the building constructed was considerably larger and of significantly different design to the approved house.

The house replaced was an extended single storey building with a rectangular footprint having a width of 13m, depth of 7.5m and maximum height of 4m. Its total volume was 315 cubic metres. A comparison of these dimensions, with those of the existing house, revealed that while the width was 1.5m greater, the depth was 25.5m greater, a total increase of 170%. Its height was an average of 4m greater representing a 100% increase. In volume, the new house was approximately 500% larger.

A retrospective planning application retaining the two storey part of the house (on the basis of it being an alteration to the house approved in 2005), together with a separate retrospective planning application for the retention of the single storey part (described as a conservatory), were both refused under delegated powers on 18 May 2009, on the basis that the development caused unjustifiable harm to the Green Belt.

Although the owner had split the house in two for the purposes of seeking retrospective planning permission, the house as a whole was built within the last 4 years without planning permission. It was necessary to consider it as a whole when considering the expediency of taking enforcement action against it.

It was advised that the option of securing the demolition of the single storey rear projection only, could be done in the context of considering a planning application retaining the two storey element of the house. Consent being given would include appropriate conditions and an appropriate timescale for submitting a valid planning application. However this option would still leave a house on-site that was disproportionately larger than the house that was replaced. Furthermore such a requirement amounted to giving planning permission for a house without any conditions limiting permitted development rights to extend the house.

Officers had given consideration to requiring that the house be modified to accord with the previous building approved under planning permission. However, the Council’s Building Control Manager had advised that it was extremely difficult modifying the building, at a reasonable cost, due to its method of construction. Any such requirement therefore amounted to the demolition of the house and the building of a different house. In the event of an appeal against issue of an enforcement notice, requirement to construct a new house would undoubtedly be beyond what was reasonably required to remedy the harm caused by the development.

The issue of an enforcement notice in this case amounted to  ...  view the full minutes text for item 17.

(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.