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.

(1)        To confirm the minutes of the last meeting of the Sub-Committee, held on 17 April 2013 (attached).

(2)        To consider an addition to minute item 83 (Development Control) for the meeting held on 20 March 2013, to record that Councillor Rolfe made a personal statement regarding the application at North Farm, New Farm Drive, Abridge (EPF/1558/09) and left the meeting for the consideration of that item and the voting thereon.

RESOLVED:

(1)        That the minutes of the meeting held on 17 April 2013 be taken as read and signed by the Chairman as a correct record subject to:

(i)         the deletion of minute 89(e) and its replacement with the following wording “89(e) The subcommittee noted that Councillor B Rolfe wished to make a personal statement in relation to item 7 Development Control report item 1 (EPF/1558/09 North Barn, New Farm Drive, Abridge, Essex). This statement is reproduced under that item in the appendix to these minutes”; and

(ii)        the deletion of the words “Declaration of Interest” on page 8 of the minutes and its substitution with the words “Personal statement” and deletion of the word “declaration” on pages 8 and 9 and its substitution with the words “personal statement”

(2)        That an addition be made to minute item 83 (Development Control) for the meeting held on 20 March 2013, to record that Councillor Rolfe made a personal statement regarding the application at North Farm, New Farm Drive, Abridge (EPF/1558/09) and left the meeting for the consideration of that item and the voting thereon.

(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 W Breare-Hall declared a non-pecuniary interest in the following item of the agenda by virtue of living close to the application site. 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/0382/13 – 24 Bower Vale, Epping.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor K Avey declared a non-pecuniary interest in the following items of the agenda. The Councillor had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration of the application and voting thereon:

• EPF/0382/13 – 24 Bower Vale, Epping.
• EPF/0696/13 – Rear of 8 Margaret Road, Epping.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillors Mrs J Whitehouse and  R Morgan declared a non-pecuniary interest in the following item of the agenda, by virtue of knowing the speaker. The Councillors had determined that their interest was not prejudicial and they would remain in the meeting for the consideration of the application and voting thereon:

• EPF/0696/13 – Rear of 8 Margaret Road, Epping.

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor P Keska declared a non-pecuniary interest in the following item of the agenda, by virtue of knowing the objector. The Councillor had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration of the application and voting thereon:

• EPF/0461/13 – Bansons Yard, High Street, Ongar.

(e)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs S Jones declared a non-pecuniary interest in the following items of the agenda, by virtue of knowing the speaker for the first item and the applicant for the second. The Councillor had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of the applications and voting thereon:

• EPF/0528/13 – Land adjacent to Horseshoes Farm, London Road, North Weald; and
• EPF/0696/13 – Rear of 8 Margaret Road, 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.

(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 a report on guidance for undertaking planning site visits which formed part of the planning protocol. This matter had been considered by the District Development Control Committee in March 2013 who wanted further guidance for both members and public attending site visits to avoid the perception of pre-determination and to ensure that there was a consistent approach taken during each visit.

To this end, guidance was produced, split into two documents, one aimed at members and the second at other interested parties.

            RESOLVED:

That the guidance on undertaking planning site visits be noted and that the guidance had been published on the Council’s website and would be sent to members, applicants and objectors (if known) when a site visit was organised.

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

The Sub-Committee received a report regarding Probity in Planning – Appeal Decisions for the period 1 October 2012 to 31 March 2013.

In compliance with the recommendation of the District Auditor, this report advised the decision-making committees of the results of all successful appeals i.e. particularly those refused by committee contrary to officer recommendation.  The purpose was to inform the committee of the consequences of their decisions in this respect and, in cases where the refusal was found to be unsupportable on planning grounds, an award of costs could be made against the Council.

In recent years the Council performance had been 18% in 2003/04; 29% in 2004/05; 22% in 2005/06; 30% in 2006/07; 29% in 2007/08; 40.3% for 2008/09; 30.9% in 2009/10; 36.6% in 2010/11; 28.8% in 2011/12 and 27.7% in 2012/13. 

Since 2011/12, there had been two local indicators, one of which measured all planning application type appeals as a result of committee reversals of officer recommendations (KPI 55); and the other which measured the performance of officer recommendations and delegated decisions (KPI 54).  

Over the six-month period between October 2012 and March 2013, the Council received 43 decisions on appeals (40 of which were planning related appeals, the other 3 were enforcement related).

KPI 54 and 55 measure planning application decisions and in total, out of this 40, 15 were allowed (37.5%). Broken down further, KPI 54 performance was 6 out of 25 allowed (24%) and KPI 55 performance was 9 out of 15 (60%).

Whilst performance in defending appeals had improved during the last couple of years, Members were reminded that in refusing planning permission there needed to be justified reasons that in each case must be relevant, necessary, but also sound and defendable so as to avoid paying costs. Whilst there was clearly pressure on Members to refuse in cases where there were objections from local residents, these views (and only when they are related to the planning issues of the case) were one of a number of the relevant issues to balance out in order to understand the merits of the particular development being applied for. 

      RESOLVED:

That the report regarding Probity in Planning – Appeal Decisions 1 October 2012 to 31 March 2013 be noted.

(Director of Planning & Economic Development) Schedules of planning applications determined by the Head of Planning & Economic Development under delegated powers since the last meeting of the Sub-Committee could be inspected in the Members’ Room or on the Planning & Economic Development Information Desk at the Civic Offices in 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.