Agenda and minutes

To confirm the minutes of the last meeting of the Sub-Committee, held on 9 October 2013 (attached).

RESOLVED:

That, subject to the substitution of the words "Councillor J Philip" for the words "Councillor J Phillip" in Minute 55(b) (Declarations of Interest), the minutes of the meeting of the Sub-Committee held on 9 October 2013 be signed by the Chairman as a correct record.

(a)          Pursuant to the Council’s Code of Member Conduct, Councillor Brady declared a non pecuniary interest in the following item of the agenda by virtue of her husband being a trustee of the applicant. The Councillor had determined that she would remain in the meeting for the consideration of the application and voting thereon:

·         EPF/1886/13 Rear of 8 Margaret Road, Epping.

(b)          Pursuant to the Council’s Code of Member Conduct, Councillor J H Whitehouse declared a non pecuniary interest in the following item of the agenda. The Councillor had determined that she would leave the meeting for the consideration of the application and voting thereon:

·         EPF/1887/13 22 Regent Road, Epping

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor Avey declared a non pecuniary interest in the following item of the agenda. The Councillor had determined that his interests were non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·         EPF/1924/13 3a Hemnall Street, Epping.

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

The Principal Planning officer presented a report on the threat of special measures and the potential refunding of planning fees.

The Principal Planning Officer reported that the Government had introduced a new policy on 1 October 2013 whereby a local authority had to refund any planning fees if it failed to determine an application within 26 weeks. In addition, those local authorities who had 20% or more of their decisions overturned at appeal, or determined 30% or less of their major applications within the 26 week threshold over a rolling two-year period, would be placed in ‘Special Measures’. This would allow an Applicant to submit a major planning application, and its fee, direct to the Planning Inspectorate for determination.

The Principle Planning Officer highlighted that the time taken to determine major planning applications would need to be closely monitored to ensure that the Council did not lose income unnecessarily. There were potential problems foreseen with planning applications that required the signing of a Section 106 legal agreement, particularly if the delay was being caused by the Applicant. However, an extension of time for the determination of a major planning application could be agreed with the Applicant, and this option would be pursued wherever possible. It was possible that the terms of reference for the District Development Control Committee and the Area Planning Sub-Committees would be reviewed to ensure that the time taken to consider major planning applications could be reduced. A major planning application was defined as a development of 10 or more dwellings or 1,000 square metres of floor space.

The Committee shared the concerns that the report highlighted and foresaw difficulties if a Section 106 legal agreement had not been signed by the Applicant in time as the Council would then have no option but to refuse the application and rely on a sympathetic hearing by the Planning Inspector at the subsequent appeal. The Council had to ensure that it did not enter special circumstances through poor performance.

The Sub-Committee requested that notification were sent out to Members of the planning Sub-Committees and particular the Ward Members as soon as possible, in order for Members to arrange site visits before the meetings. Consequently enabling Members to make decisions as soon as possible.

Resolved:

(1)        That the new threat of planning fees being returned for planning applications not decided within 26 weeks of being validated be noted;

(2)        That the threat of the Council entering ‘Special Measures’ if major planning applications were not determined in a timely fashion or too many decisions being overturned at Appeal be noted;

(3)        That the need for the Sub-Committee to determine planning applications in a timely manner be noted; and

(4)        That, where necessary, Applicants be encouraged by the Assistant Director of Planning & Economic Development (Development Control) to sign pre and post application agreements to extend the time period for determination so as to minimise the risk of the Council having to return planning fees or falling into ‘Special Measures’.

RESOLVED:

That the planning applications numbered 1 – 9 be determined as set out in the schedule attached to these minutes.