Agenda and minutes

This meeting is to be webcast and the Chairman will read the following announcement:

“I would like to remind everyone present that this hybrid meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or other such use by third parties). Therefore by participating in this meeting, you are consenting to being filmed and to the possible use of those images and sound recordings for webcasting and/or training purposes. If any public speakers on Zoom do not wish to have their image captured they should ensure that their video setting throughout the meeting is turned off and set to audio only.

Please also be aware that if technical difficulties interrupt the meeting that cannot be overcome, I may need to adjourn the meeting.”

On behalf of the Chairman, the Team Manager for Democratic & Electoral Services 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.

(Team Manager – Democratic & Electoral Services) 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.

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

The Committee was advised that no substitute members had been appointed for the meeting.

(Team Manager – Democratic & Electoral Services) To declare interests in any item on the agenda.

The following interests were declared by members of the Committee pursuant to the Council’s Code of Member Conduct:

(a)       Councillor S Heather declared a personal interest in item 9 (Planning Application EPF/2713/21 – Land at Former Chimes Garden Centre, Old Nazeing Road, Nazeing) of the agenda for the meeting, by virtue of being a member of the Lee Valley Regional Park Authority. Councillor S Heather had determined that his interest was not pecuniary and indicated that he would remain in the meeting for the consideration of the application and voting thereon.

(Team Manager – Democratic & Electoral Services) To confirm the minutes of the following meetings of the Committee:

(a)        26 April 2021 (attached); and

(b)        26 January 2022 (attached).

Cllr H Kauffman and Cllr S Heap felt that the minutes of the meeting held on 26 January 2022 did not reflect the views that they had expressed at the meeting and requested that the webcast of the meeting be checked to verify their accuracy. This was agreed by the Committee.

Resolved:

(1)          That the minutes of the meeting of the Committee held on 26 April 2021 be taken as read and signed by the Chairman as a correct record.

(Service Manager – Development Management) A Planning Policy Briefing Note, dated October 2021, 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 and the Main Modifications to the LPSV published for consultation between 15 July and 23 September 2021.

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:

https://www.eppingforestdc.gov.uk/wp-content/uploads/2021/10/Planning-Policy-Briefing-Note-06-October-2021-accessible.pdf

The Committee was reminded 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 (LPSV) on 18 December 2017 and the Main Modifications to the LPSV which had been published for consultation on 15 July 2021. 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.

In respect of planning application EPF/0103/22 – Grove Cottages, 64 Ongar Road, Lambourne – Cllr C C Pond stated that additional pictures of the site had been distributed, and therefore there was now a strong case for deferring this application pending a site visit. Cllr J Lea seconded the motion for a site visit.

            Resolved:

(1)        That planning application EPF/0103/22 – Grove Cottages, 64 Ongar Road, Lambourne – be deferred pending a site visit.

(Service Manager – Development Management) To consider the attached report for the erection of 14 dwellings (4 flats and 10 dwellings).

The Service Manager for Development Management, A Marx, presented a report for the Committee to consider the granting of planning permission for the erection of 14 dwellings – 4 flats and 10 houses – with associated parking and private amenity spaces, subject to the completion of a suitable Section 106 Legal Agreement. This application was originally considered at Area Planning Sub-Committee West at its meeting on 16 March 2022 with a recommendation to refuse planning permission. However, the Sub-Committee voted to grant planning permission for the application, subject to the completion of a legal agreement and, as this would represent a departure from planning policy, the application was referred to this Committee for a final decision.

A Marx stated that the application site related to the southern section of the former Garden Centre and was approximately 1.18 acres. To the south and east of the site was open Green Belt land, and the site itself was wholly within the Metropolitan Green Belt and the Lea Valley Regional Park. The site was accessed from Old Nazeing Road and was within a flood zone 2. The site currently had approval as an area of open managed space from a previously approved planning application for the northern section of the former Garden Centre. The proposed flats and houses would be 2.5 storeys in height, and would be laid out around two private drives off the access road. The design of the development was contemporary and similar in appearance to the dwellings being developed on the northern section of the former Garden Centre.

The Committee noted the summary of representations that had been received in relation to this application, and heard from the Parish Council and the Applicant’s Agent before proceeding to debate the application.

A Marx clarified the following points during the discussion:

·         it would be conditioned for each dwelling to have a vehicle charging point;

·         the site had been previously used as a landfill site for residential waste;

·         the land contamination issues were resolved as part of the original planning application for the northern section of the former Garden Centre; and

·         the Applicant was citing the affordable housing element and the decontamination necessary as very special circumstances for building on a site within the Metropolitan Green Belt.

Some members of the Committee felt that the original reasons for refusal at the Area Planning Sub-Committee West were valid, and had concerns about the loss of the previously approved open managed space. There were also concerns raised about the amount of affordable housing being offered, and about developing on a former landfill site that was considered unsuitable only six years ago. It was also highlighted that the site had not been identified in the Local Plan for additional housing, and there was no agreed Nazeing Neighbourhood Plan to consider this site against either. Doubt was also cast upon whether the very special circumstances which had been put forward to justify development within the Metropolitan Green Belt were actually very special circumstances.

However, other members  ...  view the full minutes text for item 65.

(Service Manager – Development Management) To consider the attached report to remove condition 2 'Soft Landscaping' on EPF/2334/21 (Retention of a vehicular crossover field access, associated gate and hedgerow planting along boundary).

Application deferred pending a site visit.

(Service Manager – Development Management) To consider the attached report for the resurfacing of application site to be used for parking by Sainsbury’s Waltham Point workers during the construction of a new multi storey car park. Once complete the site will be used for parking of HGV trailers.

The Service Manager for Development Management, A Marx, presented a report for the resurfacing of the site to be used for parking by Sainsbury’s Waltham Point workers on a temporary basis during the construction of a new multi-storey car park; once complete the site would be used for the parking of the HGV trailers. The planning permission would be subject to the completion of a Section 106 Legal Agreement.

A Marx informed the Committee that the application site was located on the Brooker Road industrial estate on the southern edge of Waltham Abbey and just to the north of the M25 motorway. The site is approximately 0.5ha in size and was covered in hardstanding. The site was previously used for the storage of scaffolding, but this use had since ceased and the site was currently vacant. The surrounding area contained a number of industrial style buildings, palisade fencing, significant areas of car parking and had the character and appearance of an industrial estate with a mix of different employment uses.

Planning Officers had concluded that the proposal would facilitate the delivery of up to 350 new employment opportunities on an existing and well-established nearby distribution centre which was operated by Sainsbury’s Supermarkets. The application site had been proposed for allocation in the Local Plan for employment uses and sought to provide temporary parking for existing staff at the nearby distribution centre for approximately 10 months, whilst new parking areas were delivered to facilitate an increase in staff. There are no conflicts with the Development Plan or the Local Plan and as such the proposal was recommended for approval, subject to a legal agreement and conditions.

The Committee noted the summary of representations received in respect of this application and heard from the Applicant’s Agent before proceeding to debate the application.

A Marx clarified the following points for the Committee:

·         the intended surface of the temporary car park was not known but the site was already fully concreted with a surface drainage plan;

·         parking for vehicles at the site would be a sui generis use and any other use in the future would require further planning permission; and

·         there were no parking restrictions in force on Brooker Road at the moment and there had been no objections from Essex Highways to the application.

Decision:

(1)        That planning application EPF/2211/21 at 100 Brooker Road in Waltham Abbey be granted planning permission, subject to:

(a)        the completion of a Section 106 Legal Agreement to achieve the following:

            (i)         Heavy Goods Vehicles (HGV) associated with the storage of the    HGV trailers to be stored on the site must not use any route within 200m         of the Epping Forest Special Area of Conservation; and

(ii)        upon first operation of the multi storey car park approved under planning reference EPF/2103/21 on the Waltham Point Distribution Centre, the use of 100 Brooker Road for the parking of vehicles shall cease; and

            (b)        the following planning conditions:

1…The development hereby permitted shall be begun before the  ...  view the full minutes text for item 67.

(Service Manager – Development Management) To consider the attached report for the erection of a decked car park on the site of the existing staff car park to provide an additional 192 new spaces and the provision of 95 new trailer spaces.

The Service Manager for Development Management, A Marx, presented a report for the erection of a decked car park on the site of the existing staff car park to provide an additional 192 new spaces and the provision of 95 trailer spaces. Planning permission, if granted, would be subject to a Section 106 Legal Agreement.

A Marx reported that the application site was approximately 17.8ha in size. It was located at the southern edge of Waltham Abbey and was bounded by the M25 directly to the north and a residential estate located to the south. The site was currently used by Sainsbury’s Supermarkets as a 24 hour, 7 day a week distribution centre and contained a very large and utilitarian looking distribution warehouse as well as a vehicle maintenance unit and a substantial amount of hardstanding which was partly used for the parking of 432 cars and 405 trailers. The nearby junction 26 of the M25 is offered both east and westbound entry onto the motorway. There was some significant existing landscaping on the boundaries of the site which provided robust screening, however the site was significantly visible from the M25 motorway. The site was currently located within the boundaries of the Metropolitan Green Belt but did not have an open character. There were significant numbers of HGV trailers located on the site during the day which gave the site a distinctly commercial character. Furthermore, the site is designated within the emerging Local Plan as an existing employment site (WAL.E5) and it was also proposed to remove the site from the Green Belt as part of the Green Belt review.

A Marx highlighted changes that had been agreed with the Applicant for planning conditions 6, 11 and 18. The site was already subject to a Section 106 Legal Agreement, which prevented HGV access through the Epping Forest Special Area of Conservation (EF SAC). Initially, it had been proposed that a second Legal Agreement would be necessary to secure further modest financial contributions, however this would now be secured via a Unilateral Undertaking as this would be quicker to complete.

Planning Officers had concluded that the proposed development sought to increase HGV and vehicular parking on a well-established employment site in Waltham Abbey. The new multi storey car park would provide new employment opportunities on the site and contribute significantly to the local economy. The emerging Local Plan sought to intensify existing employment sites, subject to any application complying with the Development Plan as a whole. In this case, there were no conflicts with local or national planning policy and therefore the proposal was recommended for approval.

The Committee noted the summary of representations that had been received in respect of this application and heard from the Applicant’s Agent prior to debating the application.

In response to questions from the Committee, A Marx confirmed that:

·         Essex Highways had no objections to the application, and Waltham Abbey Town Council had commented on the application prior to the receipt of the comments from  ...  view the full minutes text for item 68.

(Team Manager – Democratic & Electoral Services) 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

(Team Manager – Democratic & Electoral Services) 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

(Team Manager – Democratic & Electoral Services) 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.