Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chief Executive will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the Webcasting Officer”

The Democratic Services Officer reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

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 Council Planning Committee meetings.

(Director of Governance)  To report the appointment of any substitute members for the meeting.

The Committee noted the following substitutions for this meeting:

(i)         Councillor Wagland for Councillor Knapman; and

(ii)        Councillor Stallan for Councillor Boyce.

(Director of Governance) To declare interests in any item on the agenda.

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor R Morgan declared a personal interest in the following items of the agenda, by virtue of being a business associate and personal friend of the applicant. The Councillor had determined that his interest was pecuniary and would leave the meeting for the consideration of the applications and voting thereon:

·                     EPF/2516/14   Foster Street Farm, Foster Street;

·                     EPF/2517/14   Land at Harlow Gateway South, London Road; and

·                     EPF/2518/14   C J Pryor, Cecil House, Foster Street.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor G Mohindra declared a personal interest in the following item of the agenda, by virtue of having been one of the Councillors who triggered the Minority Reference Rule for this Application when it was considered by the Area Plans Sub-Committee South. The Councillor had determined that his interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/2664/14   Willow Park Farm, Millers Lane, Chigwell.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor G Mohindra declared a personal interest in the following item of the agenda, by virtue of having been the Finance & Performance Management Portfolio Holder when the scheme was initiated. The Councillor had determined that his interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0294/15   Council Depot Site and Adjacent Land off Langston Road, Loughton.

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in the following item of the agenda, by virtue of being a current member of the Cabinet. The Councillor had determined that his interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0294/15   Council Depot Site and Adjacent Land off Langston Road, Loughton.

(e)        Pursuant to the Council’s code of Conduct, Councillor H Brady declared a personal interest in the following item of the agenda, by virtue of her husband having made a representation concerning the application prior to its consideration by Area Plans Sub-Committee East. The Councillor had determined that her interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/3005/14   Land at Barkers Farm, Mount End road, Theydon Mount.

(f)         Pursuant to the Council’s Code of Member Conduct, Councillors B Sandler, B Rolfe, H Brady, S Jones, A Mitchell, G Mohindra, D Stallan and L Wagland declared a personal interest in the following items of the agenda, by virtue of being a member of the same political group as the applicants. The Councillors had determined that their interest was non-pecuniary and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/0343/15   311 High Street, Epping; and

·                     EPF/0682/15   Pine Lodge Riding Centre, Lippitts Hill, Waltham Abbey.

(g)        Pursuant to the Council’s Code of Member Conduct, Councillors Robert Jennings, H Kauffman and C C Pond declared a personal interest in the following items  ...  view the full minutes text for item 4.

To confirm the minutes of the last meeting of the Committee held on 8 April 2015.

Resolved:

(1)        That the minutes of the meeting held on 8 April 2015 be taken as read and signed by the Chairman as a correct record.

(Director of Governance) To consider the attached report for full planning permission to redevelop site with enabling residential development to provide 9 residential units together with associated car parking, open space and refuse and recycling facilities (enabling development for linked application EPF/2517/14) (DEV-007-2015/16).

The Assistant Director of Governance (Development Control) presented a report regarding the redevelopment of the site at Foster Street Farm in Foster Street to provide 9 residential units together with associated car parking, open space, refuse and recycling facilities. This was an enabling development for the linked applications EPF/2517/14 and EPF/2518/14, as the approval of the two residential schemes would fund and enable the relocation of C J Pryor to an expanded site at Harlow Gateway South.

The Assistant Director stated that the application site was on the northern side of Foster Street and was part of a small development compromising commercial sites and approximately 50 residential sites. The site contained a large former agricultural building and various smaller storage buildings, with residential properties to the east and south of the site and open land to the north and west. There was a single access road to Foster Street and the site was within the Green Belt.

The Assistant Director reported that the proposal sought permission for two 3-bed, five 4-bed and two 5-bed properties to erected. The dwellings would all be two-storeys in height, and although the original plans had included three-storey dwellings these had been amended to lower the height of the buildings. A pair of semi-detached and a single dwelling would front Foster Street, with a linear development of detached dwellings to the rear of these. A small pond would be sited in the south east of the site and the site access would be relocated to allow for better visibility.

The Assistant Director informed the Committee that the main issues concerning this application were the principle of the development as the site was located within the Green Belt and was previously developed land; the very special circumstances for development with the Green Belt put forward by the applicant for the three linked applications; whether the location was sustainable for this development as it was a small rural hamlet; the highways issues relating to the development; the visual impact of the development on the area; the potential loss of amenity for the existing residential properties in the area; and the ecological impacts of the proposed development. Other matters considered for this development included flooding, contamination and the collection of waste from the proposed residential dwellings.

Planning Officers had concluded that the proposed development would not result in any greater harm to the openness of the Green Belt and would not cause any significantly greater impact on the character and appearance of this rural area. There would be no perceptible increase in vehicle movements and the relocation of the access road would improve highway safety. The loss of amenity to existing properties would not be excessive, and there were some amenity benefits to the local area from this development. Adequate parking and private amenity space had been provided, and the small scale of the proposed development was sufficient in respect of sustainability. The proposal complied with the National Planning Policy Framework and the relevant Local Plan policies, and  ...  view the full minutes text for item 6.

(Director of Governance) To consider the attached report for the proposed development of Plot A of site for B1 (business) and B8 (storage and distribution) purposes by C.J. Pryor Ltd (see also linked enabling development proposals EPF/2516/14 and EPF/2518/14) (DEV-008-2015/16).

Application deferred until the next meeting of the Committee on 5 August 2015.

(Director of Governance) To consider the attached report for full planning permission to redevelop site with enabling residential development to provide 65 residential units together with associated car parking, open space and refuse and recycling facilities (enabling development for linked application EPF/2517/14) (DEV-009-2015/16).

Application deferred until the next meeting of the Committee on 5 August 2015.

(Director of Governance) To consider the attached report for outline planning permission for mixed use redevelopment comprising the retention of part of existing business park and community facilities, provision of new car parking to serve retained uses, extension to existing cafe to provide 140m² new retail space, and provision of recreational facilities including relocated MUGA play area and junior football pitch, and the removal of other existing buildings on site and the erection of 105 no. residential dwellings together with associated car parking, public open space, landscaping as well as construction of a new site access, including a roundabout off Fyfield Road.

The Assistant of Governance (Development Control) presented a report for outline planning permission for a mixed use redevelopment at Fyfield Business and Research Park in Fyfield Road, Chipping Ongar.

The Assistant Director stated that the application site covered a area of 9.35 hectares, of which 5.65 hectares was developed, and was located within the Green Belt to the north east of Ongar. The site was currently occupied by a business park, which had evolved form the original use as a agricultural research and development site, and included many mature and well established trees; however, there were no tree preservation orders on the site. The site was surrounded by agricultural land to the north and south, and residential properties to the east and west. Not all the buildings on the site were purpose built or suitable for business occupation, but a number of business uses were well established on the site.

The Assistant Director reported that the proposal compromised the retention of part of the existing business park and community facilities, the provision of new car parking space to serve the retained uses, and an extension to the existing café to provide 140m² of new retail space. The proposal also included the provision of recreational facilities – a relocated MUGA play area and junior football pitch – the removal of other existing buildings on the site and the erection of 105 residential dwellings together with associated car parking, public open space and landscaping, as well as the construction of a new site access with a new roundabout off Fyfield Road.

The Assistant Director informed the Committee that the main issues for consideration were the principle of development in the Green Belt following the approval of planning permission for the site on appeal in 2012, the potential harm on the Green Belt from the development and its sustainability in terms of the social, economic and environmental objectives, the visual impact of the scheme, the provision of affordable housing from the scheme in accordance with Council policy, the proposed design of the scheme, the impact of the scheme on the listed buildings currently on the site, the viability of an archaeological investigation at the site before and during construction, the impact of the scheme on the amenity of neighbouring properties, the proposed landscaping for the scheme, the results of the ecological assessment, drainage issues, and highways issues relating to access and parking. Other matters considered included access for emergency vehicles, possible contamination at the site from its previous uses, refuse collection from the proposed dwellings, and the provision of sports facilities.

Planning Officers had concluded that whilst there was limited additional encroachment into the Green Belt beyond what currently existed or had been previously approved, the very special circumstances of the application relating to the benefit to openness arising from a smaller overall volume of development and the provision of much needed housing on a brownfield site outweighed any potential harm. Officers were satisfied that the proposed scheme provided a suitable layout  ...  view the full minutes text for item 9.

(Director of Governance) To consider the attached report for the Demolition of buildings at Willow Park Farm and the erection of a new detached dwelling (DEV-002-2015/16).

The Assistant Director of Governance (Development Control) introduced a report for the demolition of buildings at Willow Park Farm in Millers Lane, Chigwell and the erection of a new detached dwelling with a classical appearance, a rectangular plan of 26m by 15.5m and a crown roof reaching 9.3m in height.

The Assistant Director informed the Committee that the site comprised the greater part of a former farmyard and adjacent open land to the north-west and south-east of the yard area. The former farmyard contained six buildings, four of which were relatively large former barns and workshops, and a hardstanding yard area. Access to the site was via Millers Lane. A former farmhouse and associated buildings was situated close by and planning permission to erect a replacement house immediately to the rear of it was obtained on appeal in February 2013. The land rose to the north-eats and south-west of the site, which would restrict views of the development, as would the trees and hedgerow adjacent to the nearby watercourse on the south-east and south-west of the site. The site was within the Metropolitan Green Belt, but not within a conservation area or within the vicinity of a listed building.

The Assistant Director stated that the main issues for consideration were the appropriateness of the development in the Green Belt, the impact of the development on the openness of the Green Belt, the character and appearance of the countryside, and whether there were any very special circumstances to justify the development in the Green Belt. Planning Officers had concluded that the proposal constituted inappropriate development in the Green Belt that would appear excessively bulky and high in relation to the approved replacement house at Willow Park Farm. No very special circumstances existed to justify the development and it had been recommended that planning permission was refused.

The Assistant Director reported that this application had been considered by Area Plans Sub-Committee South on 1 April 2015, who had agreed with the Officer Recommendation to refuse planning permission. However, four members of the Sub-Committee had invoked the Minority Reference rules within the Constitution and this application had been referred to the Committee for a final decision.

The Committee noted the summary of representations, and that the Parish Council had no objections to the application provided the existing buildings were demolished first before construction began, and the bricks used matched those used for the existing buildings. The Committee heard from a public speaker, the applicant’s agent.

A number of Members of the Committee felt that it would be difficult to refuse this application, on the basis of the recent appeal decision concerning the rebuilding of the farmhouse, and that the development was on a very large plot even with the mansion style design proposed. It was noted that there was a small element of residential development already approved for the site, and this sort of design was not unusual for Chigwell.

A local Member for Loughton Broadway spoke in favour of the recommendation to  ...  view the full minutes text for item 10.

(Director of Governance) To consider the attached report concerning reserved matters for the redevelopment of site for retail park with associated landscaping, car parking, ground remodelling works, retaining wall structures and two accesses off Langston Road (DEV-006-2015/16).

The Assistant Director of Governance (Development Control) presented a report concerning reserved matters for the development of a retail park with associated landscaping, car parking, ground remodelling works, retaining wall structures and two accesses off Langston Road at the Council Depot site and adjacent land off Langston road in Loughton.

The Assistant Director reported that the site comprised a Council Depot, which had three large buildings and areas of hard standing, and the adjacent site historically referred to as the ‘T11’ site. To the south of the site was an area of private land which separated it from the M11 motorway, to the east was the Loughton Seedbed Centre, with a BMW garage to the west. The rear part of the site did lay within the Metropolitan Green Belt, and the whole of the site was within an area designated for business and general industrial uses by the Local Plan.

The Assistant Director stated that four matters were reserved when outline planning permission was sought, namely: layout; scale; appearance; and landscaping. The application therefore focused on these aspects only and any new matters introduced as part of the application. The only significant new issue raised at this stage concerned advertisements and illumination. Whilst issues concerning access and deliveries to the site had been raised, these matters had already been dealt with at the outline panning stage. Whilst more units were now being provided, the gross area of retail space was unchanged.

The Assistant Director informed the Committee that Planning Officers were of the opinion that the reserved details submitted reflected those agreed at the outline planning stage. The design, appearance, scale and landscaping information provided indicated that the retail park could be successfully implemented without harm to the character and appearance of the area. The proposed development accorded with the relevant development plan objectives and, therefore, the application was recommended for approval.

The Committee noted the two representations that had been received. The Loughton Residents Association had objected to the proposed illuminated signage facing the M11 motorway, as this would pose a hazard to drivers on the motorway. Loughton Town Council expressed concerns about the impact of lorries making deliveries to the retail park and requested a condition to restrict delivery routes so that the site could only be accessed from the M11 motorway. The Town Council also objected to the illuminated signage facing the M11 motorway on the grounds of being dangerous to highway safety. The Committee also heard from a public speaker, this being the applicant’s agent.

The Committee had no objections to the application and the Assistant Director confirmed that the conditions listed for this application would be in addition to those previously agreed at the outline planning stage.

Resolved:

(1)        That planning application EPF/0294/15 at the Council Depot site and adjacent land off Langston Road in Loughton be granted permission, subject to the following conditions in addition to those agreed under outline planning permission EPF/2580/10 and the associated Section 106 legal agreement:

1.        The development hereby  ...  view the full minutes text for item 11.

(Director of Governance) To consider the attached report for change of use of former farm office and dairy building and barn to create one live/work unit (DEV-001-2015/16).

The Assistant Director of Governance (Development Control) presented a report for the change of use of a former farm office and diary building and barn to create one live/work unit at Barkers Farm in Mount End Road, Theydon Mount. The proposal also included the infilling of an undercroft area to form a living room. The front elevation would be enclosed by glazed bi-fold doors.

The Assistant Director informed the Committee that this application was originally considered by Area Plans Sub-Committee East on 15 April 2015. A motion to refuse the application on the grounds that it would compromise the openness of the Green Belt and was not a sustainable location for residential development was lost; the Planning Officer’s recommendation to approve the application was then agreed. However, five members invoked the minority reference rules within the Constitution to refer the application to this Committee for a final decision.

The Assistant Director stated that the application site was situated on the east side of Mount End Road, and was within the Metropolitan Green Belt. The site comprised a substantial two-storey brick building originally constructed as a diary building and farm office. A single-storey wing extended to the rear and extended up to a substantial modern barn, which was now divided into four units. The site also included a large tarmac surfaced area and a grassed area south of the former diary and barn.

The Assistant Director highlighted that the site had a history of planning permission being refused and a subsequent appeal dismissed on the grounds there was no evidence of agricultural need for the proposed dwelling. Since the publication of the National Planning Policy Framework, the issue of agricultural need was no longer relevant and there was a different planning policy context by which to determine this application.

The Assistant Director reported that the main issues to consider were the appropriateness of the development in the Green Belt, the sustainability of the development, and the living conditions for the neighbouring dwellings. Particular reference was made to paragraph 90 of the National Planning Policy Framework, which made clear that the re-use of buildings in the Green Belt was not inappropriate provided the buildings were of a permanent and substantial construction, the new use preserved the openness of the Green Belt, and did not conflict with the purposes of including land in the Green Belt. In relation to this, Officers had concluded that the proposal was not inappropriate development in the Green Belt, would not cause undue harm, and therefore had complied with the relevant planning policies.

The Committee noted the summary of representations received in relation to the application. Two letters had been received objecting to the application, of which one was from the Parish Council; both objections were opposed to the establishment of a dwelling on this site. The Committee heard from the applicant’s agent before proceeding to debate the application.

The local Member for Passingford supported the objection made by the Parish Council and stated that none of the  ...  view the full minutes text for item 12.

(Director of Governance) To consider the attached report for the replacement of existing signage with the same size and located signs only changing colour and branding.

The Assistant Director of Governance (Development Control) presented a report on the proposed replacement of existing signage with the same size, and with the located signs only changing colour and branding at 311 High Street in Epping. This application was before the Committee as the applicant was a serving District Councillor.

The Assistant Director reported that the application site was located on the northern side of the High Street in Epping within the town centre and within a parade of shops. The proposal involved replacing the existing signage with new signs of the same size but with changed colouring and branding. They would be located in the same positions as the existing signage. Both the fascia and hanging signs would display a black background with red and white lettering.

The Assistant Director stated that the main issue with this application was the impact on the historic character and appearance of the listed building. The Historic Environment Consultant at Essex County Council was satisfied that the proposed works would conserve the appearance of the building and character of the conservation area and had recommended the granting of listed building consent. Planning Officers had concluded that the proposal complied with policy HC10 of the adopted Local Plan and the National Planning Policy Framework, and had recommended the application should be granted listed building consent.

The Committee noted that Epping Town Council had not objected to the application, and that no further representations had been received in respect of the proposal. The Committee agreed to grant permission for this application.

Resolved:

(1)        That planning application EPF/0343/15 at 311 High Street in Epping be granted permission subject to the following condition;

            1.         The works hereby permitted must be begun not later than the          expiration of three years, beginning with the date on which the consent was    granted.

(Director of Governance) To consider the attached report for variation of condition 2 for EPF/0377/02 - (Change of use of ground floor of stable   building from riding centre, office and staff rest room to residential in connection with the residential use of the first floor) to enable the continued residential occupation of Pine Lodge should the equestrian use of the land cease (DEV-004-2015/16).

The Assistant Director of Governance (Development Control) presented a report concerning the variation of an existing planning condition to enable the continued residential occupation of Pine Lodge in Lippitts Hill, Waltham Abbey should the equestrian use of the land cease. The application was before the Committee as the applicant was a serving District Councillor.

The Assistant Director stated that the application site compromised an area that was currently a riding centre with stabling, a covered riding arena and associated land, including the residential unit known as Pine Lodge. Planning permission was given in 1996 (EPF/1056/96 refers) for the use of the ground floor of an existing stable building at the site as a riding office and staff rest room, and for the first floor to be used as a staff flat. In 2002, further permission was obtained to change the use of the ground floor riding office and staff rest room to residential in connection with the existing residential use of the first floor (EPF/0377/02 refers), but only on condition that the residential use was in connection with the riding stables and that the dwelling should not be separated from Pine Lodge Riding Stables.

The Assistant Director reminded the Committee that, at its meeting on 11 February 2015, it granted planning permission at the site for the removal of the large indoor riding arena and stables, and the erection of five detached houses and associated facilities. A condition of the consent was the cessation of all commercial equestrian use at the site, which would contravene the previous occupancy condition of the dwelling known as Pine Lodge. Therefore, the application sought to vary the 2002 consent such that the dwelling remained tied to the commercial equestrian use of the site, but that if such use ceased as a result of implementing the most recent planning permission then the occupation of Pine Lodge would no longer be restricted.

Planning Officers had concluded that it was appropriate and necessary to vary rather than remove the condition, to ensure that occupation of the dwelling was restricted as long as the commercial equestrian use of the wider site continued, but to enable continued occupation of the dwelling if the commercial equestrian use of the site ceased as a result of the most recent planning consent. The proposed variation was in accordance with the adopted policies of the Local Plan and the National Planning Policy Framework, and was recommended for approval. In addition, the Committee was requested to formally revoke the legal agreement attached to the 1996 planning consent, which had been superseded by the 2002 planning consent, as it was no longer applicable and served no purpose.

The Committee noted that the Town Council had not offered any substantive comments on the application, and there had been one letter of objection received which stated that if the equestrian use of the site ceased then the residential permission should be withdrawn. The Committee agreed to vary the existing planning condition and to revoke the legal agreement  ...  view the full minutes text for item 14.

The Committee noted that there was no other urgent business for consideration at the meeting.