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 R Morgan declared a personal interest in the following item of the agenda. The Councillor had determined that his interest was not prejudicial and would remaion in  the meeting for the consideration of the application and voting thereon:

• EPF/1078/09 – Bury Farm Cottages, Bury Lane, Epping.

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

• EPF/1120/09 – 25 Piercing Hill, Theydon Bois, Epping.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor B Rolfe declared a personal interest in the following items of the agenda, by virtue of knowing some of the people involved in the application. The Councillor had determined that her interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon:

• EPF/1906/09 – 31 Lindsey Street, Epping

(d)        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 beingthe Housing Portfolio Holder. The Councillor had determined that his interest was not prejudicial and would remain in the meeting but as he had arrived late he would not participates in the discussion and voting on the item:

·                     EPF/1529/096 – Land at School Lane, Abbess Roding, Ongar.

To confirm the minutes of the Sub-Committee meeting of 4^th November 2009.

RESOLVED:

That the minutes of the meeting held on 4 November 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 – 8 be determined as set out in the schedule attached to these minutes.

To consider the attached report.

The Sub-committee considered the report on probity in planning on appeal decisions between April 2009 and September 2009.  The Sub-committee noted that the Best Value Performance Indicator (BVPI) for district councils was to aim to have less than 40% of their decisions overturned on appeal. The latest figure for the national average for District Councils was 30.9%. This had been scrapped and the Council had created a Local Performance Indicator with a target of 25% of allowed decisions.  In recent years the Council had been more successful than the national average with only 18% in 2003/04; 29% in 2004/05; 22% in 2005/06; 30% in 2006/07 and 29% in 2007/08. However, for 2008/09 a total of 40.3% of the Council’s decisions were overturned.

Over a six month period between April 2009 and September 2009, the Council received 49 decisions on appeal, 46 of which were planning and related appeals and 3 were enforcement related. Of these 14 were allowed (28.6%). The proportion of the 46 appeals that arose from decisions of the committee to refuse contrary to the recommendation put to them by officers during the 6-month period was 13% and of the 6 decisions that this percentage represents, the Council was not successful in sustaining the committee’s objection in any of them. During this period, there were no awarded costs made for or against the Council.

The council’s performance for this 6 month period has improved on last year, but is still marginally over the threshold target. Because of the economic downturn, there have been fewer appeals submitted this year compared with last (80 by this stage last year).

            RESOLVED:

            That the Planning Appeals Decision be noted.

(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.