Agenda and minutes

1.         This meeting is to be webcast;

2.         Members are reminded of the need to activate their microphones before speaking; and

3.         the Chairman 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 such third parties).

If you are seated in the public seating area 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 you should speak the webcasting officer.”

The Chairman made a short address to remind all present that the meeting would be broadcast on 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 Sub-Committee, in relation to the determination of applications for planning permission. The Sub-Committee noted the advice provided for the public and speakers in attendance at Council Planning Sub-Committee meetings.

To confirm the minutes of the last meeting of the Sub-Committee held on 31 July 2019.

RESOLVED:

That the minutes of the meeting held on 3 July 2019 be taken as read and signed by the Chairman as a correct record, subject to the following amendments:

·      EPF/0304/19 – St Thomas More RC Church Site, Willingale Road, Loughton.

Councillor CC Pond asked it to be noted that when an application was granted, subject to a legal agreement the said legal agreement should be set out in the minutes.

·      EPF/1025/19 – 46 Stradbroke Drive, Chigwell.

Councillor CC Pond noted typographical errors in paragraph 2 of this minute, amended as below:

The proposed parking bays fall below the minimum standards for Vehicle Parking Bay sizes contained within the  Essex County Council Parking Standards (Design and Good Practice) 2009. The proposal was therefore contrary to the aforementioned document, and Policy T14 of the Adopted Local Plan 1998/2006.

·      EPF/1278/19 – 122 Roding Road, Loughton.

Councillor D Wixley advised that his comments were not recorded in the minutes. Members should be aware that Member comments do not form part of the minutes of an Area Planning Sub-Committee.

To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

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 Sub-Committee.

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

It was noted that the Epping Forest District Local Plan Submission Version Planning Policy Briefing note was available at:

http://www.efdclocalplan.org/wpcontent/uploads/2018/03/Planning-Policy-Briefing-Note_Mar-2018.pdf

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.

The Sub-Committee did not propose any site visits for any items on the agenda.

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=621002

REFUSED

1. The proposal, by reason of its design, scale and position would be detrimental to the amenities and living conditions of adjoining residents in Forest Way by reason of overbearingness. As such, the proposal would be contrary to policies DBE1 and DBE2 of the Adopted Local Plan 1998/2006, and Policy DM9 of the Submission Version Local Plan 2017

2. The proposal, by reason of its design scale and proximity to residential curtilages would be detrimental to the Outlook of residents of those properties along Forest Way. As such, the proposal would be contrary to policies DBE1 and DBE2 of the Adopted Local Plan 1998/2006, and Policy DM9 of the Submission Version Local Plan 2017.

3. The proposal, by reason of its design, scale and position would have a detrimental impact on the Character, Appearance or Setting of the adjacent Conservation Area. As such, the proposal would be contrary to policies HC6 of the Adopted Local Plan 1998/2006, and Policy DM7 of the Submission Version Local Plan 2017.

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=624316

CONDITIONS

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=624494

CONDITIONS

To consider the attached report.

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=623796

CONDITIONS

To consider the attached report.

The Sub-Committee received a report regarding Probity in Planning – Appeal Decisions from
1 October 2018 to 31 March 2019.

In compliance with the recommendation of the District Auditor, the report advised the Sub-Committee of the results of all successful allowed appeals (i.e. particularly those refused by committee contrary to officer recommendation).

The purpose was to inform the Committee of the consequences of their decisions in this respect and, in cases where the refusal was found to be unsupportable on planning grounds, an award of costs might be made against the Council.

Over the six-month period between 1 October 2018 and 31^st March 2019, the Council received 53 decisions on appeals (46 of which were planning related appeals and 7 were enforcement related).

Out of a total of 46 planning related appeals, 10 were allowed (21%). Broken down further, Committee reversals performed very well with only 4 out of 22 allowed (18%) and there was a good Officer delegated decisions performance of 6 out of 24 (25%) allowed.

Out of the planning appeals that arose from decisions of the Area Planning Sub-Committee South to refuse contrary to the recommendation put to them by officers during the 6-month period, 2 appeals were allowed against decisions made and 9 were dismissed.

Performance in defending planning application related appeals was reasonable at 21%, meaning of course the Council were successful in defending their decisions in 79% of cases. Whilst there was no national comparison of authority performance, Members and Officers were reminded that in refusing planning permission there needs to be justified reasons that in each case must be not only relevant and necessary, but also sound and defendable so as to avoid paying costs. This was more important now then ever given a Planning Inspector or the Secretary of State could award costs, even if neither side had made an application for them.

      RESOLVED:

That the Probity in Planning report covering the period 1 October 2018 to 31 March 2019 be noted.