Agenda and minutes

(Corporate Communications Manager) This meeting is to be webcast. On behalf of the Chairman, the Democratic Services Officer 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 third parties).

If you are seated in the lower public seating area then 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 then you should move to the upper public gallery.

Could I please also remind Members to activate their microphones before speaking”.

On behalf of the Chairman, the Democratic & Electoral Services Officer reminded everyone present that the meeting would be broadcast live to the internet and would be capable of repeated viewing, which could infringe their human and data protection rights.

(Democratic Services Manager) General advice for those persons attending the meeting of the Committee is attached as an Appendix to this agenda.

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 Committee in relation to the determination of applications for planning permission. The Committee noted the advice provided for the public and speakers in attendance at meetings of the Council’s planning committees.

(Democratic Services Manager) To report the appointment of any substitute members for the meeting.

The Committee was advised that the following substitute members had been appointed for the meeting:

(a)         Councillor J Knapman for Councillor B Sandler;

(b)         Councillor G Chambers for Councillor I Hadley; and

(c)         Councillor S Heather for Councillor H Brady.

(Monitoring Officer) To declare interests in any item on the agenda.

There were no declarations of interest were made by members of the Committee, pursuant to the Council’s Code of Member Conduct.

(Democratic Services Manager) To confirm the minutes of the meeting of the Committee held on 22 January 2020.

Resolved:

(1)          That the minutes of the meeting of the Committee held on 22 January 2020 be taken as read and signed by the Chairman as a correct record.

A Planning Policy Briefing Note (March 2018) has been produced by the Planning Policy Team to ensure that a consistent approach is taken to the provision of planning policy advice for the District, particularly in relation to the Epping Forest District Local Plan Submission Version, which was published on 18 December 2017.

The primary purpose of the Planning Policy Briefing Note is to inform the development management process and to provide assistance for Development Management Officers, Councillors, applicants and planning agents. The Planning Policy Briefing Note is available at:

http://www.efdclocalplan.org/wp-content/uploads/2018/03/Planning-Policy-Briefing-Note_Mar-2018.pdf

The Service Director (Planning Services) reminded the Committee that a briefing note had been prepared to ensure that a consistent approach was taken to the provision of planning policy advice, following the publication of the Epping Forest District Local Plan Submission Version on 18 December 2017. Members were advised that the primary purpose of the briefing note was to inform development management activities and to provide assistance for Councillors, Officers, Applicants, Planning Agents and other persons involved in the development management process.

Resolved:

(1)          That the Planning Policy Briefing Note for the Epping Forest District Local Plan Submission Version, be noted.

(Service Director - Planning Services) To consider the attached report.

The Senior Planning Officer presented a report for the construction of a new Chigwell Primary Academy followed by the demolition of the existing buildings and creation of a new playing field and playground, together with residential development comprising 59 dwellings with car parking, garden spaces, vehicular access from Chigwell High Road (A113), external landscaping and associated development.

The Senior Planning Officer reported that the application site comprised the Chigwell County Primary School and the former BI Sports Grounds; the total area of the site was 4.76ha. The application site was outside but adjacent to the Chigwell Conservation Area, and the surrounding area comprised a mixture of residential and non-residential buildings, including three listed buildings. This application was an amendment to the scheme approved in 2018, but the changes were significant enough to warrant a new planning application. The key change was the construction of a replacement School building instead of refurbishing and extending the existing buildings. The residential element of the scheme had also been revised.

The Senior Planning Officer informed the Committee that Planning Officers had concluded the provision of a new School was a significant improvement from the previous scheme to refurbish the current facilities, and would provide a building with a longer potential lifespan. The benefits to the local area in general and the school community in particular would far outweigh any harm to the Green Belt. This also confirmed the previous assessment that the proposals provided unique and very special circumstances to justify the development in the Green Belt.

The residential elements of the scheme were largely the same as before. However, the application had to be considered in the context of changing policy and would have wider implications in terms of local policy on the provision of affordable housing, community infrastructure and the need to promote local transport. The measures in the revised legal agreement addressed these issues, including a contribution to deal with the impact of further recreational pressure on the Epping Forest Special Area of Conservation (EF SAC). In considering the potential impact on air quality, the application would increase vehicle activity beyond the levels forecast for the previous scheme.

The Senior Planning Officer concluded that Planning Officers had recommended the application be approved, subject to appropriate conditions and the completion of a legal agreement.

The Committee noted the summary of representations received in respect of this application, including six letters of objection from local residents, support from Chigwell Parish Council and no objection from Essex Highways or Sport England. Essex County Council and NHS West Essex Clinical Commissioning Group sought contributions for Early Years and Childcare, Secondary School provision and General Practice health provision. The Committee heard from an Objector for the Chigwell Residents Association and the Applicant’s Agent before proceeding to debate the application.

A number of Councillors felt that the basic principle was sound and that this was a better proposal as a new school would be provided and the size of the houses in the enabling development were reduced.  ...  view the full minutes text for item 26.

(Service Director - Planning Services) To consider the attached report.

The Service Manager for Development Management, A Marx, presented a report concerning the release of planning permissions for four applications previously granted by a Planning Committee.

The Service Manager stated that before granting planning permission for an application which was likely to have a significant effect on the Epping Forest Special Area of Conservation (EFSAC), the Council had to undertake an appropriate assessment which included consultation with Natural England. The view of Natural England was that any development within the District which resulted in increased vehicle movements on roads within 200 metres of the EFSAC was likely to have a significant impact on the EFSAC. In addition, it was also the view of Natural England that such impacts were best dealt with by a plan-led strategic solution rather than on a case-by-case basis. Consequently, a number of planning applications had been held in abeyance pending an acceptable air quality mitigation strategy.

The Service Manager explained that the Council had undertaken a comprehensive review of all the planning applications that had been held in abeyance, and had identified a number of applications as having no likely significant effect on the EFSAC. Decisions relating to a number of these applications made under delegated authority were issued between December 2019 and January 2020. The following four planning applications had also been identified as having no likely significant effect on the EFSAC, but they had been agreed by one of the Planning Committees subject to a legal agreement for a financial contribution or mitigation measures relating to the air quality of the EFSAC:

(i)         EPF/1213/18 – Tower Nursery at Netherhall Road, Roydon. Planning permission originally granted by the District Development Management Committee on 28 November 2018.

(ii)        EPF/0238/19 – Stapleford Farm at Oak Hill Road, Stapleford Abbotts. Planning permission originally granted by the Area Planning Sub-Committee East on 7 August 2019.

(iii)       EPF/0621/18 – Tutein Farm at Grove Lane, Chigwell. Planning permission originally granted by the District Development Management Committee on 1 August 2018.

(iv)       EPF/1424/18 – Land adjacent 240 The Broadway in Loughton. Planning permission originally granted by the Area Planning Sub-Committee South on 20 February 2019.

The Committee was requested to agree to the release of the planning permissions for the four applications in question, subject to the planning conditions as previously agreed, but not subject to a legal agreement relating to air quality mitigation measures only.

The Committee noted that the meaning of ‘significant impact’ was not clear; any additional traffic movements could be classed as ‘significant’. However, the Council had worked extensively with Natural England to obtain the release of these planning permissions, and this was a necessary process in order for the Council to meet its Local Plan housing targets.

Decision:

(1)        That planning permission be released for the following applications, subject to the planning conditions previously agreed but with no requirement to enter into a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 to secure financial contributions or other mitigation measures  ...  view the full minutes text for item 27.

(Democratic Services Manager) Section 100B(4)(b) of the Local Government Act 1972 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.

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

Exclusion

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Background Papers

Article 17 (Access to Information) of the Constitution defines background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection one copy of each of the documents on the list of background papers for four years after the date of the meeting. Inspection of background papers can be arranged by contacting either the Responsible Officer or the Democratic Services Officer for the particular item.

The Committee noted that there was no business which necessitated the exclusion of the public and press from the meeting.