Agenda and minutes
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Contact: Mark Jenkins(Directorate of Governance) Email: democraticservices@eppingforestdc.gov.uk Tel: 01992 564243
Media
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Webcasting Introduction 1. This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.
2. 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 lower 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 move to the upper public gallery.” Additional documents: Minutes: 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 Sub-Committee noted the Council’s Protocol for Webcasting of Council and Other Meetings. |
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WELCOME AND INTRODUCTION Additional documents: Minutes: The Chairman welcomed members of the public to the meeting and outlined the procedures and arrangements agreed by the Council, to enable persons to address the Sub-Committee in relation to the determination of applications for planning permission. |
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To confirm the minutes of the last meeting of the Sub-Committee held on 16 September 2015. Additional documents: Minutes: RESOLVED:
That the minutes of the meeting of the Sub-Committee held on 16 September 2015 be taken as read and signed by the Chairman as a correct record. |
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Declarations of Interest (Director of Governance) To declare interests in any item on this agenda. Additional documents: Minutes: (a) Pursuant to the Council’s Code of Member Conduct, Councillor R Gadsby declared a non-pecuniary personal interest in the following item of the agenda. Councillor R Gadsby indicated that she would leave the meeting for the consideration and voting thereon:
· EPF/1820/15 New House Farm, Long Street, Waltham Abbey EN9 3TQ
(b) Pursuant to the Council’s Code of Member Conduct, Councillor R Gadsby declared a non-pecuniary interest in the following item of the agenda by virtue of being an Essex County Council representative on the Lee Valley Regional Park. Councillor R Gadsby declared that her interest was not prejudicial and indicated that she would remain in the meeting during the consideration of the item and voting thereon:
· EPF/2474/15 Park Farm Nursery, Sewardstone Road, Waltham Abbey E4 7RG
(c) Pursuant to the Council’s Code of Member Conduct, Councillor S Stavrou declared a non-pecuniary interest in the following item of the agenda by virtue of being the local ward member. Councillor S Stavrou declared that her interest was not prejudicial and indicated that she would remain in the meeting during the consideration of the item and voting thereon:
· EPF/1820/15 New House Farm, Long Street, Waltham Abbey EN9 3TQ
(d) Pursuant to the Council’s Code of Member Conduct, Councillor S Stavrou declared a non-pecuniary interest in the following item of the item by virtue of being the District Council representative on the Lee Valley Regional Park Authority. Councillor S Stavrou declared that her interest was not prejudicial and indicated that she would remain in the meeting during the consideration of the item and voting thereon:
· EPF/2474/15 Park Farm Nursery, Sewardstone Road, Waltham Abbey E4 7RG
(e) Pursuant to the Council’s Code of Member Conduct, Councillor Y Knight declared a non-pecuniary interest in the following item by virtue of being the local ward member and living in the vicinity of the application. Councillor Y Knight declared that her interest was not prejudicial and indicated that she would remain in the meeting during the consideration of the item and voting thereon:
· EPF/2009/15 Land off St Leonards Road, Nazeing EN9 2HN |
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Any Other Business Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council Procedure Rules contained in the Constitution 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.
In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two weeks' notice of non-urgent items is required. Additional documents: Minutes: It was reported that there was no urgent business for consideration at the meeting. |
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Development Control (Director of Governance) To consider the planning applications set out in the attached schedule
Background Papers (i) Applications for determination – applications listed on the schedule, letters of representation received regarding the applications which are summarised on the schedule.
(ii) Enforcement of Planning Control – the reports of officers inspecting the properties listed on the schedule in respect of which consideration is to be given to the enforcement of planning control. Additional documents: Minutes: The Sub-Committee considered a schedule of applications for planning permission.
RESOLVED:
That, Planning applications numbered 1 – 6 be determined as set out in the annex to these minutes. |
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Probity in Planning - Appeal Decisions (Director of Governance) To consider the attached report. Additional documents: Minutes: The Sub-Committee received a report regarding Probity in Planning – Appeal Decisions 1 April to 30 September 2015.
In compliance with the recommendation of the District Auditor, the report advised the decision making committees of the results of all successful allowed appeals. The purpose was to inform the Sub-Committee of the consequences of their decisions in this respect and in cases where the refusal was found unsupportable on planning grounds, an award of costs could be made against the Council.
Since 2011/12, there had been two local indicators, one measured all planning application type appeals as a result of committee reversals of officer recommendations, the other measured the performance of officer recommendations and delegated decisions.
Performance
Over the six month period between 1 March 2015 and 30 September 2015, the Council received 39 decisions on appeals (32 were planning related appeals, the other 7 were enforcement related). From the 32 planning related appeals, 12 were allowed (37.5%).
The appeal performance in regard to committee reversals was on target at 50%. Out of 7 enforcement notice appeals decided 5 were dismissed, 1 allowed with variation of conditions and the other quashed for invalidity.
Conclusions
Whilst performance in defending appeals at 37.5% appeared high, there was no national comparison of authority performance. Members were reminded that in refusing planning permission there needed to be justified reasons in each case which must be relevant, necessary and sound in terms of constructing an effective defence at appeal to avoid paying costs. It was advised that this was more important currently, as a Planning Inspector or the Secretary of State, could award costs even if neither side had made an application for them.
It was noted that there were two appeals lodged in respect of decisions made by Area Plans West Sub-Committee, however they were both dismissed.
RESOLVED:
That the probity in Planning – Appeal Decisions 1 April 2015 to 30 September 2015 report be noted. |