Agenda and minutes

Area Planning Sub-Committee East - Wednesday 4th December 2013 7.30 pm

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: Mark Jenkins - The Office of the Chief Executive Email: democraticservices@eppingforestdc.gov.uk Tel: 01992 564607

Media

Items
No.	Item
67.	WEBCASTING INTRODUCTION 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 (or filmed) and will be capable of repeated viewing (or another use by such third parties). 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.” Additional documents: Webcast for 67. Minutes: 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.
68.	WELCOME AND INTRODUCTION Additional documents: Webcast for 68. Minutes: 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.
69.	MINUTES PDF 109 KB View the background to item 69. To confirm the minutes of the last meeting of the Sub-Committee, held on 6 November 2013 (attached). Additional documents: Webcast for 69. Minutes: RESOLVED: That the minutes of the meeting held on 6 November 2013 be taken as read and signed by the Chairman as a correct record.
70.	DECLARATIONS OF INTEREST View the declarations of interest for item 70. (Assistant to the Chief Executive) To declare interests in any item on this agenda. Additional documents: Webcast for 70. Minutes: (a) Pursuant to the Council’s Code of Member Conduct, Councillors J Philip and Mrs S Jones declared a non pecuniary interest in the following item of the agenda by virtue of having attended the opening event at the restaurant. The Councillors had determined that they would remain in the meeting for the duration of the discussion and voting thereon: · EPF/1613/13 19B Forest Drive, Theydon Bois, Epping CM16 7EX
71.	ANY OTHER BUSINESS PDF 71 KB 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. Additional documents: Plan - TPOs , item 71. PDF 332 KB Webcast for 71. Minutes: The Chairman agreed for the submission of a late report regarding Confirmation of Tree Preservation Order EPF/17/13, Ongar Bridge, High Street, Ongar. TPO/EPF/17/13 was made on 16 July 2013 to protect a line of four mature Sycamrore trees (T1 – T4), standing on the river bank along the northern site boundary of this former allotment open space. The four trees were of significant landscape importance, prominently positioned on the riverbank, close to the main bridge into Ongar. It was advised that at the time the order was served, two of the trees, T3 and T4, had been destroyed and T1 had been damaged but not seriously. No objections had been received. The modification to the order was to control requirements for replacement should a later application to remove trees be deemed acceptable. The Sub-Committee agreed that, in the interests of public amenity, the order be confirmed with modifications by the omission of T3 and T4. RESOLVED: That Tree Preservation Order EPF/17/13 be confirmed with modifications.
72.	DEVELOPMENT CONTROL PDF 995 KB View the declarations of interest for item 72. (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. Additional documents: Minutes East 4 Dec 2013 , item 72. PDF 40 KB Webcast for 72. Minutes: RESOLVED: That the planning applications numbered 1 – 5 be determined as set out in the schedule attached to these minutes.
73.	Probity in Planning - Appeal Decisions, 1 April 2013 to 30 September 2013 PDF 15 MB Director of Planning and Economic Development) To consider the attached report. Additional documents: Webcast for 73. Minutes: The Sub-Committee received the Probity in Planning Appeal Decisions 1 April 2013 to 30 September 2013 report. The report advised the decision making committees of the results of all successfully allowed appeals. The purpose was to inform the sub-committees of the consequences of their decisions in this respect and particularly where an award of costs may have been made against the Council. In recent years, the Council’s performance had been 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 which measured all planning application type appeals resulting from committee reversals of officer recommendations (KPI55) and the other which measured the performance of officer recommendations and delegated decisions (KPI54). Over the period 1 April 2013 to 30 September 2013, the Council received 37 decisions on appeal, 14 were allowed (40%) with 4 out of 20 allowed (20%) under KPI54 and 10 out of 15 (66.67%) under KPI 55. Out of the 15 planning appeals that arose from decisions of the committees to refuse contrary to the recommendation put to them by officers during the 6 month period, the Council was not successful in sustaining the committee’s objection in 10 cases of which 5 were connected to Area plans East Sub-Committee. Costs During this period, there was one successful finalised award of costs made against the Council. It involved London Lodge West, Copped Hall Estate, Epping. The appeal for cost was successful against the Council’s withdrawal of an enforcement notice and listed building enforcement notice after taking legal advice regarding the wording of the requirements for compliance with the notices, several months after the appeal was made. New, differently worded notices, were re-issued, but the Planning Inspector considered that it was not expedient to serve the first notices in the form they were in. This amounted to unreasonable behaviour and caused the appellant to incur unnecessary expense in appealing. The cost amounted to £1,376.00. Members attention was brought to the recent appeal changes allowing planning inspectors to award costs against a party that had behaved unreasonably even in neither the Council or the appellant had applied for costs. Whilst performance in defending appeals had improved during the last couple of years, members were reminded that in refusing planning permission justified reasons sound and defendable were needed. RESOLVED: That the report regarding Probity in Planning – Appeal Decisions, 1 April 2013 to 30 September 2013 be noted.
74.	DELEGATED DECISIONS (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. Additional documents: Webcast for 74. Minutes: 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.