Agenda and 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.

To confirm the minutes of the last meeting of the Sub-Committee, held on 14 August 2013 (attached).

Resolved:

(1)        That the minutes of the meeting held on 14 August 2013 be taken as read and signed by the Chairman as a correct record.

(a)        Pursuant to the Council’s Code of Member Conduct, Councillors A Grigg and D Stallan declared a personal interest in the following item of the agenda by virtue of being members of the North Weald & District Rural Preservation Society. The Councillors had determined that their interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/1630/13   Upper Clacton Rugby Football Club, Upland Road, Thornwood.

It was noted that there was no other urgent business for consideration by the Sub-Committee.

Resolved:

(1))      That the planning applications numbered 1 – 9 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 regarding the unauthorised use of Birch Field in Epping Lane, Stapleford Tawney as a Travellers’ caravan site, in contravention of an existing Enforcement Notice and an existing injunction.

The Principal Planning Officer stated that the lawful use of the land was for agriculture and, prior to the carrying out of works in 2002 to facilitate its unauthorised use as a travellers’ caravan site, it was used for grazing animals. The unauthorised use of the land was intensified to eventually form 24 pitches and a bund between 2m and 3m high built on a 10m wide base adjacent to the M25 along most of its northern boundary. The history of the site was outlined, which in the first instance culminated in the Secretary of State dismissing an appeal against the refusal of planning application EPF/1313/05, on the grounds that the proposal was harmful to he Green Belt in December 2006.

The Principal Planning Officer reported that on 24 August of this year, Travellers moved back onto the site and Officers found 16 adults and 19 children occupying 10 caravans. The adults occupying the site was identified as those named in the Injunction granted in February 2006. On 5 September, the Travellers’ legal representative submitted a schedule of occupiers to the Council identifying 73 people in 12 family groups. This appeared to be more than an inspection by Enforcement Officers the previous day and appeared to be an indication of both current and anticipated occupants.

The Principal Planning Officer outlined the current Planning Policy position, and emphasised that the Council had granted permission for 47 permanent pitches between January 2008 and June 2013. Although the Planning Policy context had changed, the use of the site as a gypsy caravan site remained inappropriate development in the Green Belt. There had been no material change in the condition of the site and it had been concluded that very special circumstances to permit the present use had not been demonstrated. The occupiers had confirmed to Officers that they were aware of their breach of the Injunction, which was consider flagrant and wilful and amounted to a contempt of the High Court. Officers considered that the most effective course of action in this case would be to secure compliance with the Enforcement Notice by commencing committal proceedings in the High Court, and the Sub-Committee was requested to confirm and authorise this intended action.

The Local Ward Member for Passingford informed the Sub-Committee that local residents were disappointed legal proceedings did not begin when the site was re-occupied as the Travellers were in contempt of court, and that enforcement action should begin as soon as possible. The Principal Planning Officer responded that it was felt appropriate to submit a report to the Sub-Committee to demonstrate that all aspects of the case had been considered, especially in the light of recent changes to planning policy. If approved by the Sub-Committee, legal proceedings in respect of the site would begin as soon  ...  view the full minutes text for item 50.

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.