Agenda and minutes

Planning Services Scrutiny Panel - Thursday 26th February 2015 7.30 pm

Venue: Committee Room 1, Civic Offices, High Street, Epping. View directions

Contact: Mark Jenkins - Directorate of Governance  Email  democraticservices@eppingforestdc.gov.uk Tel: 01992 564607

Items
No. Item

33.

Apologies for Absence

Minutes:

In addition to the apologies indicated above, the Panel had also received apologies from Councillors R Bassett and J Philip, Portfolio Holders for Planning Policy and Governance and Development Management respectively.

34.

Substitute Members

(Assistant to the Chief Executive). To report the appointment of any substitute members for the meeting.

Minutes:

It was noted that Councillor K Angold-Stephens was substituting for Councillor H Kauffman.

35.

Declarations of Interest

(Assistant to the Chief Executive). To declare interests in any items of the agenda.

 

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview and Scrutiny members are asked to pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

 

This requires the declaration of a personal and prejudicial interest in any matter before an Overview and Scrutiny Committee which relates to a decision of or action by another Committee or Sub-Committee of the Council, a Joint Committee or Joint Sub-Committee in which the Council is involved and of which the Councillor is also a member.

 

Paragraph 11 does not refer to Cabinet decisions or attendance at an Overview and Scrutiny meeting purely for the purpose of answering questions or providing information on such  a matter.

Minutes:

There were no declarations of interest made pursuant to the Code of Member’s Conduct.

36.

Notes from the Last Meeting pdf icon PDF 51 KB

To agree the notes of the last meeting of the Panel held on 9 December 2014 (attached).

Minutes:

RESOLVED:

 

That the notes of the last Panel meeting held on 26 February 2015 be agreed subject to the following amendment:

 

Minute Item 32 Dates of Future Meetings should say “Tuesday 14 April” instead of “Tuesday 15 April.”

37.

Terms of Reference pdf icon PDF 22 KB

The Terms of Reference are attached.

Minutes:

The Panel’s Terms of Reference were noted.

38.

Work Programme pdf icon PDF 25 KB

The Work Programme is attached.

Minutes:

The Work Programme was noted.

39.

Recent Meeting of the Chairman and Vice Chairman of the Area and District Committees Invitation Panel pdf icon PDF 48 KB

To review the most recent meeting of the Chairman and Vice Chairman of Area and District Committees Invitation Panel held on 2 December 2014 (attached).

Minutes:

The Panel received a copy of the notes from the meeting of Development Control Chairmen and Vice-Chairmen held on 2 December 2014. The Assistant Director of Governance and Performance Management advised that the agenda items under discussion had also been discussed at the Constitution and Member Services Scrutiny Panel.

 

The Panel were informed that:

 

(a)  The District Development Control Committee (DDCC) would be re-titled District Development Management Committee;

 

(b)  The Council would use the Department of Communities and Local Government (DCLG) definition advice in determining those planning applications applicable to be reported straight to DDCC;

 

(c)  The procedure for referring a planning application from an Area Planning Sub-Committee to DDCC was being amended so that a minority reference could only take place after a committee vote had been taken; and

 

(d)  A Portfolio Holder report was being prepared on the options for the possible re-location of the Area Plans South Sub-Committee from Loughton.

40.

Area Planning Sub-Committees - Member Briefing Arrangements

(Director of Governance) A short prompt is included on the front page of the agenda for all Area Planning Sub-Committee meetings, advising the respective chairman, vice-chairman and group spokespersons of arrangements for the briefing traditionally held immediately prior to each meeting.

 

The wording of this prompt has been subject to occasional misunderstanding, specifically in terms of its reference to ‘spokespersons’. This terminology has sometimes been taken (by members of the public) to relate to persons that have registered to address a Sub-Committee in respect of a planning application.

 

The arrangements for the briefing prior to each meeting are well established and understood by members. To avoid any future confusion, it is intended that the briefing prompt be removed from the front page of each Sub-Committee agenda with effect from the commencement of the 2015/16 municipal year.

Minutes:

The Assistant Director of Governance (Performance Management) advised the Panel that the short prompt included on the front page of Area Planning Sub-Committee agendas advising the respective chairmen, vice-chairmen and group spokespersons of the briefing arrangements held immediately prior to each meeting, had been subject to occasional misunderstanding by the public. The word “spokespersons” had sometimes been taken to refer to registered speakers addressing the Sub-Committee. Due to the briefing arrangements being well known, it was intended that the briefings prompt should be removed from area planning sub-committee agendas, to avoid any future confusion.

 

RESOLVED:

 

That the changes to Area Planning Sub-Committee Briefing Arrangements be noted.

41.

Local Plan pdf icon PDF 78 KB

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Panel received a report regarding the Local Plan Update from the Planning Policy Manager.

 

(a)          Options for Growth

 

A series of three member workshops organised on an Area Planning Committee basis, were held in September/October 2014 for engaging members in the process of identifying options for testing. A summary note would be sent to all members on the outcomes of the workshops.

 

The work on updating the Strategic Housing Market Assessment (SHMA) in conjunction with the other authorities within East Herts, Harlow and Uttlesford was progressing well and a draft report was expected towards the end of February. It was noted that the timetable had slipped as two additional pieces of work had been commissioned regarding economic activity scenarios matching appropriate job growth and a scenario based on intercensal population change assessing the projections for migration.

 

(b)          Strategic Flood Risk Assessment (SFRA)

 

Work was underway updating the Stage 1 SFRA and should be completed by the end of March 2015.

 

(c)          Plan Viability

 

The plan viability being undertaken by Dixon Searle Partnership would also inform policy choices on Community Infrastructure Levy (CIL). Officers had met with the consultants in early February and it was agreed that the timetable should be revised to enable the general direction from the Member’s workshops to inform the consideration of viability. The consultants would complete a Stage 1 report in March that would report on the market position, consider options and include an initial informal view on the possibility of charging CIL, should the Council wish to pursue this option.

 

(d)          Economic and Employment Evidence

 

Consultants had provided their interim findings on economic and employment evidence to support both the Local Plan and the Council’s overall Economic Development Strategy. Officers needed to ensure that this work incorporated the work commissioned by economic development on Waltham Abbey Town Centre and the County Council Commission for an Essex Economic Growth Strategy.

 

(e)          Green Belt Review

 

The Green Belt Review Phase 1 had undertaken a comprehensive high level review of all Green Belt land across the district to identify its contribution to the Green Belt. Fieldwork was substantially completed and was being mapped and written up.

 

A meeting had been arranged with the district’s 10 neighbouring authorities advising of the council’s work and gaining a clear understanding of any Green Belt Reviews they were undertaking. Later, it was proposed to share the findings of Phase 1 with the Town and Parish Councils in accordance with the Cabinet’s decision.

 

(f)           Strategic Land Availability Assessment

 

A note had been placed in the Bulletin updating Members on the position reached with the Strategic Land Availability Assessment which once completed would form part of the Local Plan evidence base.

 

(g)          Air Quality

 

Officers were awaiting the outcome of the strategic transport modelling work before progressing this, officers were liaising with Harlow and East Herts District Council to address the concerns raised by Natural England on the impact of traffic on the forest.

 

(h)          Developer Briefings

 

Following on from developer briefings for  ...  view the full minutes text for item 41.

42.

Key Performance Indicators 2015-16 - Review and Targets pdf icon PDF 175 KB

(Director of Governance) To consider the attached report and appendices.

Additional documents:

Minutes:

The Panel received a report regarding Key Performance Indicators 2015/16 Targets from the Assistant Director of Governance (Development Management).

 

Pursuant to the Local Government Act 1999, the Council was required to make arrangements for securing continuous improvement in the way in which its functions and services were exercised, as part of this duty a range of Key Performance Indicators (KPIs) relevant to the Council’s service priorities and key objectives, were adopted each year. Performance was reviewed on a quarterly basis.

 

Assistant Director of Governance (Development Management) verbally reported that as a result of revision for 2015, Minor category (KPI GOV05) and other category (KPI GOV06) defined planning applications determination times could be extended with the agreement of the developer and be considered to have been decided in time, so long as the new date for decision was achieved. The Panel agreed to the change in the definition and for all planning applications, to bring GOV05 and GOV06 in line with the current measure for Major category applications (KPI GOV04).

 

The review of KPIs which fell within the areas of responsibility of the Planning Scrutiny Panel resulted in one change being made to the way the target for the Increase in Homes was calculated.

 

RESOLVED:

 

That the Key Performance Indicators 2015-16 be noted with the added recommendation to the measure of GOV 05 and GOV06.

43.

Key Performance Indicators 2014/15 - Quarter 3 Performance pdf icon PDF 177 KB

(Director of Governance) To consider the attached report and appendix.

Additional documents:

Minutes:

The Panel received a report regarding the Key Performance Indicators 2014/15 – Quarter 3 Performance from the Assistant Director of Governance (Development Management).

 

Pursuant to the Local Government Act 1999, the Council was required to make arrangements to for securing continuous improvement in the way in which its functions and services were exercised, as part of the duty to secure continuous improvement a range of Key Performance Indicators (KPIs) relevant to the Council’s services and key objectives were adopted each year. Performance was reviewed on a quarterly basis.

 

A range of 36 Key Performance Indicators (KPIs) for 2014/15 was adopted by the Finance and Performance Management Cabinet Committee in March 2014. The KPIs were important to the improvement of the Council’s services and the achievement of its key objectives. The KPIs directed improvement effort towards services and the national priorities and local challenges arising from the social, economic and environmental context of the district that were the focus of the key objectives.

 

As part of the overview and scrutiny review undertaken in 2013/14, changes had been made to arrangements for the quarterly review of KPI performance. From this municipal year, the existing scrutiny panels were now each responsible for the review of quarterly performance against specific KPIs within their areas of responsibility.

 

Six of the KPIs fell within the Planning Scrutiny Panel areas of responsibility. The overall position with regard to the achievement of target performance at the end of the third quarter of the year for these six indicators is as follows:

 

(i)            3 (50%) indicators achieved the cumulative third quarter target;

 

(ii)           3 (50%) indicators did not achieve the cumulative third quarter target, although 1 (17%) of these KPIs performed within the agreed tolerance for the indicators; and

 

(iii)          5 (83%) were currently anticipated to achieve the cumulative year end target.

 

RESOLVED:

 

That the Key Performance Indicators 2014/15, in relation to development management, be noted.

44.

BUILDING MORE HOMES ON BROWNFIELD LAND CONSULTATION PROPOSALS pdf icon PDF 63 KB

Minutes:

The Panel received a report regarding Building More Homes on Brownfield Land – Consultation Proposals from the Assistant Director of Governance (Development Management).

 

A Government consultation published on 28 January 2015 sought views on proposals for measures making it easier for building on brownfield land suitable for housing. They expected that permissions on brownfield land suitable for housing would in future be granted by Local Development Orders (LDO) and had set an objective that by 2020, LDOs should be in place in over 90% of brownfield land suitable for housing, with an intermediate target of 50% by 2017, and which did not already benefit from planning permission.

 

LDOs granted permission to specific types of development within a defined area and removed the need for developers to make a planning application. Members noted that a particularly controversial aspect of the consultation was the proposed sanction of placing councils under special measures for not making sufficient progress in setting LDOs in place. In these cases, applicants would have a choice of applying directly to the Secretary of State for planning permission. Whilst it was acknowledged that in a district such as Epping Forest, which was over 92% green belt, the Government’s proposals should not be a major issue, there were still a number of potentially harmful implications and an objection in principle to the proposals was recommended.

 

It was also advised that bids were encouraged from local planning authorities who could identify brownfield sites that were suitable for housing and capable of accommodating in the region of 100 units or more. It was anticipated that successful bidders would receive £50,000 per bid towards the costs incurred in delivering the LDO.

 

The closing date for consultation responses was noted as being the 11 March 2015, it was suggested that Panel Members should email their responses to the Assistant Director Development Management for onward transmission to the Government by Friday 6 March 2015. The Chairman requested that the full response submitted by the Panel be put before the next meeting, be placed in the Council Bulletin and also be copied to the local MPs.

 

RESOLVED:

 

(1)  That the Panel Members respond directly to the Assistant Director Development Management with their comments concerning the Building Homes on Brownfield Land consultation by 6 March 2015; and

 

(2)  That the final response to the consultation be placed in the Council Bulletin and be copied to the local MPs.

45.

Any Other Business

Minutes:

It was agreed that the next meeting of the Panel would commence at the earlier time of 7.00p.m.

46.

Dates of Future Meetings

The next scheduled meeting of the Panel will be held on Tuesday 14 April 2015 at 7.30p.m. in Committee Room 1.

Minutes:

The next scheduled meeting of the Panel would be held on Tuesday 14 April 2015.