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 MS Teams 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.

Members are reminded to activate their microphones before speaking.”

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.

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 members of the public to address the Committee in relation to the determination of applications for planning permission.

To report the appointment of any substitute members for the meeting.

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

(a)        Councillor C Nweke for Councillor R Baldwin.

Members to declare interests in any item on the agenda.

(a)       Pursuant to the Council’s Members’ Code of Conduct, Councillor J M Whitehouse declared a personal interest in the following item of the agenda by virtue of living close to the St John’s Road site. The Councillor had determined that his interest was non-pecuniary and he would remain in the meeting for the consideration of the application and voting thereon:

·       Section 106 Deed of Variation.

To confirm the minutes of the meetings (attached) of the Committee held on:

(a)        19 April 2023; and

(b)        28 June 2023.

RESOLVED:

(1)          That the minutes of the meeting of the Committee held on 19 April 2023 be taken as read and signed by the Chairman as a correct record; and

(2)          That the minutes of the meeting of the Committee held on 28 June 2023 be taken as read and signed by the Chairman a a correct record.

To identify and agree requirements for formal site visits to be held with regard to any planning application listed in this agenda, prior to consideration of the application.

There were no formal site visits requested by the Committee.

(Service Manager – Development Management) To consider the attached report for a Deed of Variation to a cross-site Section 106 Legal Agreement at:

(i)         Bakers Lane Car Park, Bakers Lane, Epping CM16 5BD; and

(ii)        Former School, Centrepoint Building and Council Depot Land at St John’s Road, Epping CM16 7JU.

The Deed of Variation application to amend the cross-site Section 106 Legal Agreement which linked the delivery of the development previously agreed on the St John’s Road site with the development previously agreed on the Baker’s Lane Site by replacing the words ‘Substanial Delivery’ with the words ‘Committed Delivery’ including a definition of ‘Committed Delivery’ within Epping be approved.

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.