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.

To confirm the minutes of the Sub-Committee meeting of 10 February 2010.

RESOLVED:

That the minutes of the meeting held on 10 February 2010 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 Jon Whitehouse and Janet Whitehouse declared personal interests in the following items of the agenda. The Councillors had determined that their interest were not prejudicial and they would remain in the meeting for the consideration of the application and voting thereon:

• EPF/2355/09 – Former  London Underground Station Site, Crossing Road, Epping.
• EPF/2366/09 – 45 Rayfield, Epping.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor C Whitbread declared a personal interest in the following items of the agenda by virtue of knowing the applicant for the first item and having a business interest in the second item. The Councillor had determined that his interest was prejudicial and that he would not remain in  the meeting for the consideration of the application and voting thereon:

• EPF/0138/10 – 32 Kendal Avenue, Epping.
• EPF/2355/09 – Former London Underground Station Site, Crossing Road, Epping.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor Ms 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 would remain in the meeting for the consideration of the application and voting thereon:

• EPF/0138/10 – 32 Kendal Avenue, Epping.
• EPF/2355/09 – Former London Underground Station Site, Crossing Road, Epping.
• EPF/2366/09 – 45 Rayfield, 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.

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

Land to the rear of 12,13 and 14 Shakletons, Ongar

Recommendation:

That Tree Preservation Order Epf/47/09 is not confirmed

Background:

Tree Preservation Order EPF/47/09 was made to protect 3 individual trees within the rear gardens of 12,13 and 14 Shakletons, Ongar.

This area is currently protected by a ‘blanket’  Essex County Council Tree Preservation Order made in 1967. These Essex Orders are currently being reviewed and the purpose of this new Order is to  protect those trees still worthy of preservation that were previous covered by the Essex Order. It also includes some additional trees now considered worthy of preservation.

Objection to the Tree Preservation Order :

Two objections to the Order have been received :

A – 12 Shakletons in respect of T2 (sycamore) and T3 (ash)

B – 14 Shakletons in respect of T1 (sycamore)

Both letters of objection are on the basis that the trees have been incorrectly plotted and that they in fact stand within the dry moated area of Ongar Castle to the south.

The objectors states that this part of the Castle grounds is well treed and it is unclear why these trees have been selected for inclusion in this Order.

Specifically,

A  The objection at 12 Shakletons is made on the grounds that :

i) T2 and T3 have been incorrectly plotted and stand outside his property.

ii) T3 is in poor health 

B  The objection at 14 Shakletons  is made on the grounds that ;

i) T1 is on the boundary of the rear garden and there is concern for safety.

Director of Planning and Economic Development Comments

These three trees were surveyed by external Consultants as part of the Essex Tree Preservation Order review. Whilst the general approach to undertaking this review has been to access rear gardens to clarify the locations and health of the trees, this has not always been possible. In this instance, no detailed inspection of the trees took place. They were viewed from the front of the properties and recommended for protection because they are visible from Shakletons. Their exact positions were not obtained and the Consultants assumed they were in the rear gardens of these properties. In fact, the objections are correct the trees are within the Castle.

Ongar Castle grounds (to the rear of these properties) fall within a Conservation Area, as such, all trees are afforded protection and notification of work to any trees within the area would need to be given to ourselves prior to any  work being undertaken. At that time, we could make a new Tree Preservation Order, if it was felt necessary.

The concerns that the owners of the properties have with regard to these trees can be dealt with as notifications to work to trees within a Conservation Area.

Conclusions

The objection is accepted and it is therefore recommended that the Order is not confirmed.

With the consent of the Sub-committee the Chairman agreed to take item eight  next.

Robin Hellier, the Assistant Landscape Officer introduced the report on TPO EPF/47/09 (Land to the rear of 12, 13 and 14 Shakletons, Ongar).

            RESOLVED:

            That Tree Preservation Order EPF/47/09 was not confirmed.

(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.

(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.