Agenda and minutes

(Corporate Communications Manager) This meeting is to be webcast. On behalf of the Chairman, the Democratic & Electoral Services Officer will read the following announcement:

“Please note that this meeting may be filmed for live or subsequent broadcast via the Council's internet site - at the start of the meeting the Chairman will confirm if all or part of the meeting is being filmed.

You should be aware that the Council is a Data Controller under the Data Protection Act. Data collected during this webcast will be retained in accordance with the Council’s published policy.

Therefore by participating in this virtual 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 members of the public do not wish to have their image captured they should ensure that their video setting throughout the virtual meeting is turned off and set to audio only.

In the event that technical difficulties interrupt the virtual meeting that cannot be overcome, the Chairman may need to adjourn the meeting.

If you have any queries regarding this, please contact the Corporate Communications Manager on 01992 564039.”

On behalf of the Chairman, the Democratic & Electoral Services Officer reminded everyone present that the virtual 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 & Electoral 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 & Electoral Services Manager) 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.

(Democratic & Electoral Services Manager) 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)        Cllr S Heap declared a personal interest in item 8 (Planning Application EPF/0018/20 – Maltings Farm, Church Road, Moreton) of the agenda for the meeting, by virtue of having corresponded with some of the objectors. The Councillor 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.

(b)        Cllr C C Pond declared a personal interest in item 8 (Planning Application EPF/0018/20 – Maltings Farm, Church Road, Moreton) of the agenda for the meeting, by virtue of being Chairman of the Epping Forest branch of the Essex Association of Local Councils. The Councillor 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.

(Democratic & Electoral Services Manager) To confirm the attached minutes of the meeting of the Committee held on 18 March 2020.

Resolved:

(1)          That the minutes of the meeting of the Committee held on 18 March 2020 be taken as read and signed by the Chairman as a correct record.

(Development Management Service Manager) 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 Development Management Service Manager reminded the Committee that a briefing note had been prepared to ensure 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.

(Development Management Service Manager) To consider the attached report.

The Development Management Services Manager, A Marx, presented a report for a reserved matters application at Maltings Farm in Church Road, Moreton, in connection with the granting of outline planning permission for the removal of the existing outbuildings and an existing dwelling to be replaced with three new dwellings, a new highway access and ancillary works.

A Marx reported that this application had originally been considered at Area Planning Sub-Committee East on 18 May 2020 with an Officer recommendation to grant planning permission. The Sub-Committee refused the application due to the scale of the proposed dwellings and their impact on the openness of the Green Belt. Four members of the Sub-Committee then invoked the Minority Reference rules within the Constitution to refer this application to this Committee for a decision.

A Marx stated that the original outline planning application was allowed on appeal, and therefore the general principle of development at this location was not considered unacceptable. Planning Officers had concluded that the proposal was acceptable in terms of access, appearance, landscaping, layout and scale, and had largely followed the indicative plan submitted and considered as part of the original outline application. Consequently, it had been originally recommended that planning permission be granted subject to conditions.

The Committee noted the summary of representations received in respect of this application, including objections from four neighbouring properties and an objection from Morton, Bobbingworth & The Lavers Parish Council. The Committee heard from the Parish Council and the Applicant’s Agent before proceeding to debate the application.

The Committee noted that a discussion had ensued at the meeting of Area Planning Sub-Committee East regarding the legal status of the Neighbourhood Plan for Morton, Bobbingworth & The Lavers in relation to this application. The outline planning consent had been granted on appeal in March 2019, whereas the Neighbourhood Plan was not adopted until October 2019.

S Bell of Birketts LLP advised the Committee that it should only consider the reserved matters within the application before it as outline planning permission had already been granted on appeal by the Planning Inspector. In addition, Section 38(6) of the Planning and Compulsory Purchase Act (PCPA) 2004 provided that, if regard was to be had to the Development Plan for the purpose of any determination to be made under the planning acts, the determination must be made in accordance with the provisions of the Development Plan unless material considerations indicated otherwise. The Development Plan for these purposes meant the relevant documents within the Development Plan at the time of the making of the decision which, in this case, included the Moreton, Bobbingworth and The Lavers Neighbourhood Plan. If there were conflicts between the Neighbourhood Plan and other documents within the Development Plan, then the Neighbourhood Plan, being the most recent policy, would prevail (S38(5) PCPA 2004).

However, S Bell added that the outline planning consent was a material consideration that was given significant weight in this application, and in this case this would constitute an exceptional circumstance sufficient enough to outweigh  ...  view the full minutes text for item 7.

(Democratic & Electoral 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.