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.

(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 T Matthews declared a personal interest in item 9 (Planning Application EPF/1400/20 – Upper Clapton Rugby Club) of the agenda for the meeting, by virtue of beng a former member of the Rugby Club. Councillor T Matthews 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)        Councillor B Rolfe declared a personal interest in item 9 (Planning Application EPF/1400/20 – Upper Clapton Rugby Club) of the agenda for the meeting, by virtue of being a social member of the Rugby Club. Councillor B Rolfe had determined that his interest was pecuniary and indicated that he would leave the meeting for the consideration of the application and voting thereon.

(c)        Councillor H Whitbread declared a personal interest in item 9 (Planning Application EPF/1400/20 – Upper Clapton Rugby Club) of the agenda for the meeting, by virtue of having family members belonging to the club. Councillor H Whitbread had determined that her interest was not pecuniary and indicated that she would remain in the meeting for the consideration of the application.

(d)        Councillor C Whitbread declared a personal interest in item 9 (Planning Application EPF/1400/20 – Upper Clapton Rugby Club) of the agenda for the meeting, by virtue of having family members belonging to the club. Councillor C Whitbread had determined that his interest was not pecuniary and indicated that he would remain in the meeting for the consideration of the application.

(Team Manager – Democratic & Electoral Services) To confirm the attached minutes of the meeting of the Committee held on 16 November 2022.

RESOLVED:

That the minutes of the meeting of the Committee held on 16 November 2022 be taken as read and signed by the Chairman as 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 had been no site visits requested by members of the Committee for any of the applications being considered at the meeting.

(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.

(Service Manager – Development Management) To consider the attached report for improvements to existing club infrastructure compromising a new all-weather pitch and relocation of existing floodlights, improvements to the club's function hall, golf range and current car parking including the addition of further car parking spaces and associated development, and enabling development in the form of the construction of 9 no. new dwellings and associated development.

The Principal Planning Officer, J Rogers, presented a report for improvements to existing club infrastructure compromising a new all-weather pitch and relocation of existing floodlights, improvements to the club's function hall, golf range and current car parking including the addition of further car parking spaces and associated development, and an enabling development in the form of the construction of 9 x new dwellings and associated development. This application had been considered by Area Planning Sub-Committee East on 30 November 2022 with a recommendation to refuse planning permission. The Sub-Committee upheld the officer recommendation, but the application was referred to this Committee for a final decision under the Minority Reference rules within the Constitution.

The Committee noted the summary of representations that had been received and heard from an Objector and the Applicant.

Following a lengthy debate, the Officer recommendation to refuse planning permission for the reasons outlined in the report was lost when put to the vote. Cllr K Williamson proposed a motion that the application be deferred until the next meeting of the Committee to allow Planning Officers to draft the necessary planning conditions and any planning obligations if a Section 106 Legal Agreement was required before the Committee formally considered the application for approval. The motion was seconded by Cllr H Kane. Some of the Committee felt that the Rugby Club should also consider making a contribution to the Council’s provision of affordable housing, either directly or financially.

Decision:

(1)        That planning application EPF/1400/20 at Upper Clapton Rugby Club in Upland Road, Epping Upland be deferred for further consideration until the next meeting of the Committee to allow Planning Officers to draft planning conditions and any possible planning obligations for a Section 106 Legal Agreement.

(Service Manager – Development Management) To consider the attached report for a change of use for the site from a Builders Yard to a residential site, including the removal of the existing outbuildings.

The Service Manager for Development Management, A Marx, presented a report for the change of use for the site from a Builder’s Yard to a residential site, including the removal of the existing outbuildings. This application had been considered by Area Planning Sub-Committee West on 7 December 2022 with a recommendation to refuse planning permission. However, the Sub-Committee had resolved to grant planning permission, subject to suitable planning conditions and a Section 106 legal agreement. As this represented a departure from Local Plan policy, this application had been referred to this Committee for a final decision.

The Committee noted the summary of representations that had been received and heard from the Applicant.

Decision:

(1)        That planning application EPF/1954/22 for the Building Yard on Keysers Road in Nazeing be granted planning permission subject to:

            (a)        the planning conditions as listed below; and

(b)        the completion of a Section 106 Legal Agreement to fulfil the planning obligations as set out below; and

(2)        That authority be delegated to Planning Officers to subsequently add or amend any planning conditions or Section 106 planning obligations in respect of securing the necessary measures to mitigate air pollution and recreational pressure impacts on the Epping Forest Special Area of Conservation.

Planning Conditions

1…The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2…The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans:

Drawing ELA/1 Rev A – Existing Layout

Drawing ELA/2 Rev A – Existing Layout & Elevations

Drawing ELA/3 Rev A – Proposed Layout & Elevations

Drawing ELA/6 Rev A – Block Plan & Location Plan

Contaminated Land Report

Preliminary Ecological Appraisal Incorporating Bat Survey Inspection, August 2021.

3…Prior to any above ground works, documentary and photographic details of the type and colours of the external finishes of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

4…No preliminary ground works shall take place until an assessment of flood risk, focusing on surface water drainage, has been submitted to and approved by the Local Planning Authority. The assessment shall demonstrate compliance with the principles of Sustainable Drainage Systems (SuDS). The development shall be carried out and maintained in accordance with the approved details.

5…Prior to preliminary ground works taking place, details of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details, and shall be provided on site prior to the first occupation and shall be retained for the lifetime of the development.

6…Prior to any above ground works, full details of both hard and soft landscape works and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved  ...  view the full minutes text for item 45.

(Service Manager – Development Management) To consider the attached report for the change of use of three vacant retail units to 2 x one-bed flats.

The Service Manager for Development Management, A Marx, presented a report for the change of use of three vacant retail units to 2 x one-bed flats. This application had been considered by Area Planning Sub-Committee West on 9 November 2022 with a recommendation to refuse planning permission. However, the Sub-Committee had resolved to grant planning permission, subject to suitable planning conditions and a Section 106 legal agreement. As this represented a departure from Local Plan policy, this application had been referred to this Committee for a final decision.

The Committee noted the summary of representations that had been received and heard from the Applicant’s Agent.

Decision:

(1)        That planning application EPF/1984/22 at Units 12, 14 and 15 in Arlingham Mews, Waltham Abbey be granted planning permission, subject to:

(a)            the planning conditions listed below; and:

(b)        the completion of a Section 106 legal agreement to fulfil the planning obligations as set out below; and

(2)        That authority be delegated to Planning Officers to subsequently add or amend any planning conditions or Section 106 planning obligations in respect of securing the necessary measures to mitigate air pollution and recreational pressure impacts on the Epping Forest Special Area of Conservation.

Planning Conditions

1…The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2…The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans:

Drawing 1464_304 – Location Plan

Drawing 1464_305 – Block Plans

Drawing 1464_305 (sic) – Proposed Site Plan

Drawing 1464_307 – Existing Plans and Elevations

Drawing 1464_308 – Proposed Plans and Elevations

Design, Access and Heritage Statement, dpa

HRA.

3…Prior to any above ground works, documentary and photographic details of the type and colours of the external finishes of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

4…A)   No work on any phase of the development (with the exception of demolition works where this is for the reason of making areas of the site available for site investigation), shall commence until an assessment of the risks posed by any contamination within that phase shall have been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of Potentially Contaminated Sites - Code of Practice and the Environment Agency's Guidelines for the Land Contamination: Risk Management (LCRM 2020) (or equivalent if replaced), and shall assess any contamination on the site, whether or not it originates on the site. The development shall only be carried

out in accordance with the approved details unless the Local Planning Authority gives its written consent to any variation. The assessment shall include:

(1) A survey of the extent, scale and nature of contamination and

(2) An assessment of the potential risks to: human health; property (existing or proposed) including  ...  view the full minutes text for item 46.

(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.