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 last meeting of the Sub-Committee, held on 27 October 2010 (attached).

RESOLVED:

(1)        That the minutes of the meeting held on 27 October 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 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 Bassett Parish Council. The Councillors had determined that their interests were not prejudicial and that they would stay in the meeting for the duration of the discussion and voting thereon:

• EPF/1209/10 Weald Hall Care Home, Weald Hall Lane, North Weald Bassett

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J Hedges declared a personal interest in the following items of the agenda. The Councillor had determined that her interests were not prejudicial and that she would stay in the meeting for the consideration of the applications and voting thereon:

• EPF/1806/10 Ovenden Papers, Swordfish House, Bower Hill, Epping
• EPF/1951/10 George and Dragon Public House, 206 High Street, Epping
• EPF/2036/10 12A Hemnall Street, 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. The Councillor had determined that his interest was prejudicial and that he would leave the meeting for the consideration of the application and voting thereon:

• EPF/1951/10 George and Dragon Public House, 206 High Street, Epping

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor B Rolfe declared a personal interest in the following item of the agenda. The Councillor had determined that his interest was prejudicial and that he would address the meeting as a public speaker and then leave the Chamber for the duration of the discussion and voting thereon:

• EPF/1988/10 3 Middle Boy, Lambourne

(e)        Pursuant to the Council’s Code of Member Conduct, Councillors Mrs D Collins and C Whitbread declared a personal interest in the following item of the agenda. The Councillors had determined that their interest was prejudicial and that they would leave the meeting for the consideration of the application and voting thereon:

• EPF/2036/10 12A Hemnall Street, Epping

(f)         Pursuant to the Council’s Code of Member Conduct, Councillor B Judd 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 prejudicial and would address the meeting as a public speaker before leaving the Chamber for the consideration of the applications and voting thereon:

• Item 11 Exclusion of Public and Press

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

A report upon the confirmation of tree preservation order 93/10 at land to the rear of 25-45 Upland Road, Thornwood was presented by the Senior Arboricultural Officer.

The Sub-Committee was informed that the tree preservation order had become effective on 3 June 2010 and was served to protect woodland screening a concrete crushing plant from the rear of the properties along Upland Road. Public views of the plant from Thornwood Road were obscured by the eastern boundary of the woodland. Residents along Upland Road had become increasingly concerned with the loss of privacy they enjoyed, following the extensive removal of a large number of trees within the area. Objections had been made to the order, which had been answered by the Director of Planning & Economic Development.

The owner of the woodland in question, who had already submitted a written objection to the order, exercised her right under the planning protocol adopted by the Council to address the Sub-Committee for three minutes.

The Sub-Committee was presented with a revised site plan indicating those trees to form part of the order, and it was recommended that in the interests of public amenity the Order be confirmed, subject to the modification of the site plan to show the approximate area of remaining tree cover at the time of the service of the Order.

RESOLVED:

(1)        That, subject to the modified site plan, tree preservation order 93/10 be confirmed.

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

A report upon the confirmation of tree preservation order 93/10 at land adjacent to the A414 was presented by the Senior Arboricultural Officer.

The Sub-Committee was informed that tree preservation order 99/10 had become effective on 29 June 2010.  It was made as one of a number of strategic orders protecting trees along the A414 from Ongar to North Weald.  This particular order was covering a total of 13 trees, within Choles Yard, and in adjacent properties to the east. All of the trees were Oak; most were large and mature trees but the order included a number of smaller trees close to the Talbot Roundabout and in the front of Choles Yard for their potential longer term contribution to public amenity. Objections to the order had been received from agents acting on behalf of the owners of the yard, which had been answered by the Director of Planning & Economic Development.

Officers felt that all six Oaks contributed to the setting of the entrance to the village, with five of the trees having particular significance as a result of their proximity to the major transport route. Taking this together with the importance of safeguarding them in respect of any future development of Coles Yard or road realignment the Order was therefore fully justified. The Sub-Committee was requested to confirm the order without modification.

RESOLVED:

(1)        That tree preservation order 99/10 be confirmed without modification.

(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:

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

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) 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 the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

   11                 Planning Appeal – Land at Ongar Station,                  5

                        High Street, Ongar

The Principal Planning Officer presented a report regarding the forthcoming Planning Appeal in respect of the land at Ongar Station in the High Street, Ongar.

The Principal Planning Officer reported that planning application EPF/0457/10 proposed the erection of a large building for the frail elderly at Land at Ongar Station, facing directly onto the High Street. The Applicant had appealed against the non-determination of the application, but this Sub-Committee had decided that it would have refused to grant planning permission for the following reasons:

(i)         The applicants failure to provide an adequate affordable housing contribution in lieu of on-site affordable housing provision for a development of this size results in this proposal failing to comply with the aims of this Council’s Adopted Local Plan policies H5A, H6A, H7A and I1A;

(ii)        The design of the development, including its density, site coverage, bulk, massing and detailing, is out of character with the surrounding area and harmful to the character and usual amenity of the locality and the High Street in particular, contrary to policies CP2, CP7, H3A and DBE1of the adopted Local Plan and Alterations;

(iii)       The proposed development due to its size, scale and design, and also due to the loss of the curtilage listed building (355 High Street) would have an adverse impact on the setting of the adjacent grade II station building contrary to Policy HC12 of the adopted Local Plan and Alterations; and

(iv)       The proposal would introduce a significant number of frail elderly people into the locality in close proximity to Ongar High Street. A contribution should therefore be provided (via a Legal Agreement under Section 106) to secure the provision of a pedestrian crossing on the High Street in the vicinity of the development in the interests of accessibility and safety and in accordance with policies ST2, ST4 and I1A of the Adopted Local Plan Alterations. 

The Principal Planning Officer advised the Sub-Committee that there was no evidence to support the fourth reason for refusal and that Officers would not be able to defend that reason at the appeal hearing on 8 February 2011. Consequently, it was very likely that an award of costs would be made against the Council if this reason for refusal was pursued, even if the Council won the appeal. The Sub-Committee was requested to either agree that the fourth 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.

One of the local Members for Chipping Ongar, Greensted and Marden Ash stated that there were bus stops either side of road at the position of the proposed crossing, Theatre Resource could offer facilities to residents on the other side of the road if the Crossing was in situ, and the Highways Agency had already surveyed the site and recommended it as a suitable position for a crossing. The Member advised the Sub-Committee of his willingness to attend the appeal to defend the reason  ...  view the full minutes text for item 79.