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.

To confirm the attached minutes of the following meetings of the Sub-Committee, held on:

(a)        8 December 2010; and

(b)        12 January 2011.

RESOLVED:

(1)        That the minutes of the following meetings be taken as read and signed by the Chairman as a correct record:

(a)        8 December 2010; and

(b)        12 January 2011.

(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 D Stallan declared a personal interest in item 6a of the agenda, Deed of Variation to Unilateral Undertaking – Affordable Housing Requirements for the Development at St John’s School, Epping (EPF/1400/04), 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 issue and voting thereon.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillors W Breare-Hall and D Stallan declared a personal interest in the following item of the agenda, by virtue of being Deputy Housing Portfolio Holder and Housing Portfolio Holder respectively. The Councillors had determined that their interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon:

·                     EPF/2564/10   20 Red Oaks, Theydon Bois.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs A Grigg declared a personal interest in the following item of the agenda, by virtue of being a member of North Weald Bassett Parish Council and having attended both public meetings and meetings with Officers and the Environment Agency in respect of the site. The Councillor confirmed that she had not offered an opinion during any of these discussions. 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/0739/10   Threshers, Hastingwood Road, Hastingwood.

(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 being a member of North Weald Bassett Parish Council and 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:

·                     EPF/0739/10   Threshers, Hastingwood Road, Hastingwood.

(e)        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 professionally involved in property transactions at the site. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon:

·                     EPF/0739/10   Threshers, Hastingwood Road, Hastingwood.

(f)         Pursuant to the Council’s Code of Member Conduct, Councillors Mrs S Jones and J Philip declared a personal interest in the following items of the agenda by virtue of being members of Theydon Bois 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/2564/10   20 Red Oaks, Theydon Bois; and

·                     EPF/2072/10   2 Heath Drive, Theydon Bois.

(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 being well acquainted with the applicant. The Councillor had determined that his interest was prejudicial and would leave the meeting  ...  view the full minutes text for item 99.

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.

Recommendation:

That the Council enters into a Deed of Variation to the Unilateral Undertaking with the applicant in respect of the planning permission granted for the demolition of St. Johns School, Epping and the construction of a new secondary school and residential development, in order to enable the proposed rented affordable housing to be provided as the new “affordable rent” form of tenure, as required by the Government and the Homes and Communities Agency, instead of assured tenancies with “social rents”.

(Director of Housing)  Following a planning appeal in 2006, the Planning Inspectorate granted outline planning permission for the demolition of St. Johns School, Epping and the construction of a new secondary school and residential development.  This included the acceptance of a Unilateral Undertaking submitted by the applicants dated 19 September 2006.

Subsequently, in 2009, the Council approved the Reserved Matters application (EPF/0585/09) for the demolition of the School, the construction of the new school and the development of 149 dwellings (including 38 affordable homes – in accordance with the Outline Planning Permission).  19 of the affordable homes are to be provided as affordable rented housing, and 19 are to be provided as New Build Homebuy (shared ownership).

The developer (Higgins) has been working with Essex County Council and one of the Council’s Preferred Housing Association Partners, London and Quadrant Housing Trust (L&Q), to finalise the contractual arrangements, with a view to construction of the new school commencing in Spring/Summer 2011.

However, since the time the Unilateral Undertaking relating to the affordable housing for this development was accepted by the Planning Inspector, the Government has announced fundamental changes to the tenancies that housing associations must provide, and the rent levels they must charge, for new affordable housing developments.

Until now, housing associations have provided assured tenancies, with “social rents” – at highly subsidised levels – for new affordable housing developments, usually with “gap funding” provided by the Homes and Communities Agency (HCA).  However, as part of its Comprehensive Spending Review, the Government announced the introduction of fixed term tenancies with “affordable rents” for all affordable housing developments provided by housing associations.

The detail of this new form of affordable housing is still under consultation, but the Government currently proposes that fixed term tenancies should be for a minimum of two years, with a review by the landlord prior to their expiry to consider whether or not a further fixed term tenancy should be issued.  It also proposes that the “affordable rents” should be set at a level up to 80% of market rents in the area.  The Government’s intention is that the “surplus” rental income between social rent levels and affordable rent levels is used by the housing association to reduce, or eradicate, the need for any gap funding from the Homes and Communities Agency – whose budget for funding housing associations has been reduced by around 50% through the Comprehensive Spending Review.  In a high value and high rent area like Epping Forest, it is considered unlikely that  ...  view the full agenda text for item 101.

The Principal Planning Officer presented a report regarding a Deed of Variation to the Unilateral Undertaking in respect of the affordable housing requirements for the development at the St John’s School site in Epping.

The Sub-Committee was reminded that, following a planning appeal in 2006, the Planning Inspectorate had granted outline planning permission for the demolition of St. Johns School, Epping and the construction of a new secondary school and residential development. This had included the acceptance of a Unilateral Undertaking submitted by the applicant dated 19 September 2006. Subsequently, in 2009, the Council had approved the Reserved Matters application (EPF/0585/09) for the demolition of the School, the construction of the new school and the development of 149 dwellings, including 38 affordable homes in accordance with the outline planning permission.  19 of the affordable homes were to be provided as affordable rented housing, and 19 were to be provided as New Build Homebuy (shared ownership).

However, since then, the Government had announced fundamental changes to the tenancies that housing associations had to provide, and the rent levels they could charge, for new affordable housing developments. All new affordable rented homes had to now be provided with the “affordable rent” tenure, which would apply to this development, and the developer had requested the Council to agree to a Deed of Variation to the Unilateral Undertaking issued in 2006.  It was therefore proposed that if the affordable housing was to be provided, then the developer’s request should be agreed. It was noted that no changes were required for the New Build Homebuy (shared ownership) element.

The Housing Portfolio Holder added that the Council was still awaiting final details of the Government’s proposed changes, hence the exact wording of the Variation could not be provided. However, the Council had no option but to agree the request if the affordable housing element of the development was to be provided. The Developer was anticipating the development being commenced in the Spring of 2011.

RESOLVED:

(1)        That a Deed of Variation to the Unilateral Undertaking be entered into with the applicant in respect of the planning permission granted for the demolition of St John’s School, Epping and the construction of a new secondary school and residential development, in order to enable the proposed rented affordable housing to be provided as the new “affordable rent” form of tenure, as required by the Government and the Homes & Communities Agency, instead of assured tenancies with “social rents”.

(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 – 7 be determined as set out in the schedule attached to these minutes.

The Sub-Committee noted that schedules of planning applications determined by the Director of Planning and Economic Development under delegated authority since the last meeting, had been circulated and could be inspected at the Civic Offices.

The Sub-Committee noted that schedules of planning applications determined by the Director of Planning and Economic Development, under delegated authority, since the last meeting had been circulated and could be inspected at the Civic Offices.