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.

Under the terms of reference for the Licensing Committee each Sub-Committee is required to elect a Chairman on an ad hoc basis for the duration of the meeting.

Following the receipt of apologies for absence from Councillor A Green, the Chairman requested nominations for the role of Vice-Chairman.

RESOLVED:

(1)        That Councillor R Morgan be elected Vice-Chairman for the duration of the meeting.

(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 P Gode declared a personal interest in the following item 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 application and voting thereon:

(i)         EPF/0457/10   Land at Ongar Station, High Street, Chipping Ongar.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor B Judd declared a personal interest in the following item of the agenda. The Councillor had determined that his interest was prejudicial and, after exercising his right to speak as a member of the public, would leave the meeting for the consideration of the application and voting thereon:

(i)         EPF/0457/10   Land at Ongar Station, High Street, Chipping Ongar.

(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 Housing Portfolio Holder. 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:

(i)         EPF/0457/10   Land at Ongar Station, High Street, Chipping Ongar.

(d)        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 acquainted with both the applicant and objectors. The Councillor had determined that his interest was prejudicial and, after exercising his right to speak as a member of the public, would leave the meeting for the consideration of the application and voting thereon:

(ii)        EPF/1362/10   7 Green View, The Green, Theydon Bois.

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J H Whitehouse declared a personal interest in the following item of the agenda by virtue of being a member of the Theydon Bois Rural Preservation Society. 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:

(ii)        EPF/1362/10   7 Green View, The Green, Theydon Bois.

(f)         Pursuant to the Council’s Code of Member Conduct, Councillor C Whitbread declared a personal interest in the following item of the agenda, by virtue of being acquainted with the applicant. The Councillor had determined that his interest was  prejudicial and would leave the meeting for the consideration of the application and voting thereon:

(iii)       EPF/1613/10   2 Lower Bury Lane, Epping.

(g)        Pursuant to the Council’s Code of Member Conduct, Councillor A Boyce declared a personal interest in the following item of the agenda, by virtue of having served on the Parish Council in the past with the applicant. 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:

(v)        EPF/1910/10   Ashlyns Organic Farm Shop, Epping Road, North Weald Bassett.

(h)        Pursuant to the Council’s Code of Member Conduct, Councillors Mrs D Collins  ...  view the full minutes text for item 61.

To confirm the minutes of the last meeting of the Sub-Committee held on 6 October 2010 (attached).

RESOLVED:

(1)        That the minutes of the meeting held on 6 October 2010 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.

Supplementary Agenda

A Groundwater Movement report attached in respect of the application at 7 Green View, The Green, Theydon Bois.

RESOLVED:

(1)        That the planning applications numbered 1 – 6 be determined as set out in the schedule attached to these minutes.

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

The Principal Planning Officer presented a report concerning the confirmation of Tree Preservation Order 108/10 at Suttons Manor Clinic, London Road, Stapleford Tawney.

The Principal Planning Officer reported that a planning application had been received for an extension to the existing facilities and additional car parking at Suttons Manor Clinic, which would have necessitated the removal of a highly prominent mature Swamp Cypress tree. A Tree Preservation Order was made on the tree and the planning application was refused in part for not making adequate provision for its retention. The tree was a very prominent feature and dominated the grassed area in front of the clinic as an outstanding landmark feature. The tree was an excellent example of its species and was in good condition. Following the making of the Tree Preservation Order, the owners of the Clinic had objected to the Order on the grounds that the planning application had proposed planting eight new trees to compensate for the loss of this particular one, and as the tree was already mature its life expectancy was limited.

The Director of Planning & Economic Development had acknowledged that the application did intend to plant eight new trees, however as they would be planted to the rear of the buildings their visual amenity value would be reduced; the existing specimen was a dominant feature at the entrance to the property. There was no indication that the tree was in ill health and as such there was no reason to believe that the tree would not still be a significant feature for the next 20 years. Therefore, the proposed new trees were not considered adequate compensation and to allow its felling would be contrary to Local Plan Policies LL9 and LL10. The Sub-Committee was requested to confirm the Order without modification.

RESOLVED:

(1)        That Tree Preservation Order 108/10 be confirmed without modification.

(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.

Exclusion

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers

Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

RESOLVED:

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption was considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

11                    Planning Appeal – 40 Forest Drive,                               5

                        Theydon Bois

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

The Principal Planning Officer presented a report regarding the forthcoming Planning Appeal in respect of 40 Forest Drive in Theydon Bois.

The Principal Planning Officer reported that planning application EPF/0888/10 proposed the erection of a replacement bungalow at 40 Forest Drive in Theydon Bois.  This Sub-Committee had refused to grant planning permission for the following reasons:

(i)         The proposed dwelling by reason of its size, bulk and inappropriate design is visually dominant and harmful to the character and visual amenity of the street scene and to the amenity of neighbours, contrary to policies DBE1 and DBE2 of the Adopted Local Plan and Alterations; and

(ii)        The proposal results in the loss of a bungalow in an area where there is a strong demand for such small properties to meet the needs of the ageing population.  The development is therefore contrary to policy H4A of the Adopted Local Plan and Alterations.

The applicant had now appealed against the decision, which would be heard at the Civic Offices on 11 January 2011. The appeal was linked to an appeal against the earlier refusal of a planning application for a similar development by Officers under delegated powers - ref EPF/0250/10.  That application was refused solely on design grounds. Officers had submitted the Council’s statement of case in respect of both reasons for refusal of application EPF/0888/10.  Prior to the appeals being linked by the Planning Inspectorate, Officers had submitted a separate statement of case in respect of the refusal of planning application EPF/0250/10.

The Principal Planning Officer advised the Sub-Committee that there was no evidence to support the second reason for refusal in respect of EPF/0888/10 and that Officers would not be able to defend that reason at the appeal hearing. Consequently, it was very likely that an award of costs would be made against the Council if the second reason for refusal was pursued. The Sub-Committee was requested to either agree that the second reason for refusal should not be pursued or that individual members of the Sub-Committee be nominated to support the second reason for refusal at the appeal hearing.

The local Member for Theydon Bois stated his willingness to attend the appeal with his fellow Ward Member and the Parish Council to defend the reason for refusal. It was highlighted that the retention of bungalows was contained within the Village Plan, and that there was a large demand for small bungalows within the village. However, the Sub-Committee felt that the Council should not defend the second reason for refusal on the grounds that the possible costs against the Council would be prohibitive and that the Theydon Bois Village Plan was only in draft form at the current time. The Sub-Committee duly resolved to defend the appeal on the first reason for refusal only.

RESOLVED:

(1)        That the second reason for refusing planning application EPF/0888/10, which proposed the erection of a replacement bungalow at 40 Forest Drive in Theydon Bois, be not pursued by Officers at the planning appeal on 11  ...  view the full minutes text for item 68.