Agenda item

(Service Manager – Development Management) To consider the attached report for the release of planning permissions previously agreed by Committee, following recommendations to GRANT permission subject to planning conditions, contributions or mitigation measures in respect of recreational visitor pressure and air quality impacts within the Epping Forest Special Area of Conservation (EFSAC).

The Planning Officer, C Ahmet, presented a report for the release of planning permissions previously agreed by Planning Committees, following recommendations to grant planning permission subject to planning conditions, contributions or mitigation measures to offset recreational visitor pressure, and air quality impacts within the Epping Forest Special Area of Conservation (EFSAC).

The Committee was reminded that the Council had adopted an Interim Air Pollution Mitigation Strategy in February 2021 and an Interim Strategy for Managing Recreational Visitor Pressures in October 2018, both of which would form the basis for addressing the negative impacts on the EFSAC arising from new residential and commercial development proposals.This new combined approach to assessing impacts on the EFSAC would also apply to dealing with those planning applications that had been held in abeyance from being determined until the above measures were agreed. Officers were currently working through this backlog to enable their release at the earliest possible opportunity where it could be concluded that there was no adverse effect on the integrity of the EFSAC.

C Ahmet stated that to deal with the backlog in the most efficient and equitable way, a process has had to be implemented (referred to formally as the EFSAC Protocol). In essence, the protocol outlined the sequence in which each planning application would be released. Together with the publication of the protocol, all applicants (through their agents) had also been notified of this new process for dealing with their respective applications. Members were asked to note the content of the report, and to agree the three recommendations allowing Planning Officers to progress any Section 106 Legal Agreements, finalise all appropriate habitat assessments and to add or amend planning conditions before the release of the planning permissions for the 32 planning applications listed in Appendix 1 of the report.

C Ahmet added that a 21-day consultation period had been undertaken for the 32 planning applications and ten responses had been received in total. One of the applications listed in Appendix 1 of the report had been the subject of a late third party representation which had alleged changes to the material circumstances of the planning application. Planning Officers were in the process of investigating this and this application – EPF/0826/18 48 Russell Road, Buckhurst Hill – should be omitted from the list.

Cllr C C Pond proposed that two further planning applications should be removed from the list; these being EPF/0287/18 at 51 High Road in Loughton, and EPF/1471/19 at 113 Church Hill in Loughton. Both of these sites were very close to the Forest and the Councillor felt that the interim Air Quality Mitigation Strategy was not sufficiently robust to be applied to these two applications. The Service Manager for Development Management, A Marx, reminded the Committee that the Council had received legal advice which stated that the Air Quality Mitigation Strategy could be applied to all development in combination or separately. The traffic modelling for both of these sites had been undertaken, and Officers believed that this process had been undertaken correctly.

The Committee acknowledged that the steps outlined by the Planning Officers had to be followed in order to release these planning permissions. The Council now had the Air Quality Mitigation Strategy, and it should be used to work through the backlog of outstanding planning applications which had been agreed by Planning Committees but pending the agreement of suitable mitigation measures for the EFSAC. There was also general agreement that the two applications highlighted by Cllr C C Pond should be removed from the list and submitted to the Committee for a final decision at a later date.

A Marx informed the Committee that there were approximately 200 planning applications in the backlog outlined earlier. Most of these applications would not be brought back to a Planning Committee, but would be dealt with by Planning Officers under delegated authority using the Air Quality Mitigation Strategy.

The Chairman, Cllr S Jones, clarified that Planning Officers had requested EPF/0826/18 to be removed from the list, and Cllr C C Pond had proposed that EPF/0287/18 and EPF/1471/19 should be removed from the list as well.

Decision:

(1)        That the following planning applications be removed from the list of proposed planning applications to be dealt with under delegated authority by Planning Officers at Appendix 1 of the report:

(a)        EPF/0826/18   48 Russell Road, Buckhurst Hill;

(b)        EPF/0287/18   51 High Road, Loughton; and

(c)        EPF/1471/19   113 Church Hill, Loughton.

(2)        That the completion of S106 legal agreements be continued to be progressed by the relevant Planning Officers for all planning applications indicated in Appendix 1 of this report with the exception of the three applications listed in (1) above;      

(3)        That all Appropriate Assessments (in accordance with the requirements of Regulation 63 the Conservation of Habitats and Species Regulations 2017 (as amended)) be finalised by the relevant Planning Officers and planning permissions only be granted as previously agreed by Committee where the outcome of that assessment had concluded that there was no adverse effect on the integrity of the EFSAC for each planning application indicated in Appendix 1 of this report with the exception of the three applications listed in (1) above; and 

(4)        That any planning conditions or Section 106 legal agreement planning obligations in respect of securing the necessary measures to mitigate air pollution impacts on the EFSAC be added or amended by the relevant Planning Officers, in accordance with the previous resolution(s) to grant planning permission for the development on the sites indicated in Appendix 1 with the exception of the three sites listed in (1) above.