Agenda and minutes

(Corporate Communications Manager) This meeting is to be webcast. On behalf of the Chairman, the Senior 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 Senior Democratic 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 R Jennings for Councillor H Kauffman;

(b)        Councillor H Kane for Councillor J Lea; and

(c)        Councillor S Heather for Councillor G Mohindra.

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

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 18 September 2019 (previously circulated).

            Resolved:

            (1)        That the minutes of the meeting of the Committee held on 18             September 2019 be taken as read and signed by the Chairman as a correct             record.

(Service Director – Planning) 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) To consider the attached report for the erection of two dwelling houses (revised design 3) including the removal of existing underground storage tanks; this application was referred from Area Planning Sub-Committee East on 27 November 2019.

The Development Management Service Manager presented a report for the erection of two dwelling houses (revised design 3), including the removal of existing underground storage tanks. The Committee was informed that this application had been referred from Area Planning Sub-Committee East on 22 November 2019 via a minority reference after a Member motion to grant planning permission had been approved, contrary to the Officer recommendation to refuse planning permission.

The Service Manager informed the Committee that the site was located to the east of Matching Green, with access to the site via a private road. There were various underground storage tanks on the site, but the only visible features were the pipework which connected the tanks and a dilapidated single storey building. The site was within the Metropolitan Green Belt.  The proposal was for the construction of two detached houses with a maximum height of 4.5metres, and four rooflights in each house; the storage tanks would be removed from the site as a consequence of the development.

Planning Officers had concluded that, with both proposed houses having an above ground volume of 843m³ which represented a 300% increase on the previously approved scheme in 2016, the proposal was considered to be inappropriate development in the Green Belt and in addition it would have a serious adverse impact on the openness of the site and on the aims and purposes of the Green Belt. 

The permission for the two houses approved under planning application EPF/2724/16 had not been implemented.  It was on this basis any net increase in dwellings would have an impact on air quality that had not been assessed and therefore would have an increased impact beyond what had been modelled in the Council’s Habitat’s Regulations Assessment 2019. Given that the potential impact on the Special Area of Conservation (SAC) was still being determined, paragraph 177 of the NPPF required that the presumption in favour of sustainable development did not apply.

No very special circumstances had been demonstrated which clearly outweighed the harm identified above. The proposal was therefore unsustainable development and as a result chapter 13 and paragraph 177 of the NPPF along with Green Belt and habitat protection policies contained within the Local Plan and Local Plan Submitted Version (LPSV) required that it should be restricted.  Refusal of planning permission was therefore recommended.

The Committee noted the summary of representations received in respect of this application, including four letters of support and one letter of non-objection from local residents. In addition, the County Council Highways Authority had no objection and the Parish Council was in support of the application. The Environmental Health (Land Contamination) authority requested that further information be submitted for approval, whilst the Land Drainage Team requested an extra condition to dispose of foul sewerage from the site if planning permission was granted. The Committee heard from an Objector, the Parish Council and the Applicant’s Agent before proceeding to debate the application.

Cllr Morgan opined that the site was previously developed land and the  ...  view the full minutes text for item 16.

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

The Development Management Service Manager informed the Committee that the Council had not received a representation from the Highways Agency, who were a statutory consultee for this application. Consequently, this application had to be deferred pending the receipt of comments from the Agency.

(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.

The Committee noted that there was no other urgent business for consideration by the Sub-Committee.

Exclusion

(Democratic Services Manager) 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

(Democratic Services Manager) 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.