Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The 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.”

The Senior Democratic Services Officer reminded everyone present that the meeting would be broadcast live to 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 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 Council Planning Committee meetings.

(Director of Governance)  To report the appointment of any substitute members for the meeting in accordance with Council Rule S1 in the Constitution (Part 4 “The Rules” refers).

The Committee noted the following substitutions for this meeting:

(a)        Cllr Baldwin for Cllr Kauffman; and

(b)        Cllr Sartin for Cllr Rolfe.

As Cllr Rolfe had tended his apologies for the meeting, the Chairman invited nominations from the Committee for the appointment of a Vice-Chairman for the duration of the meeting.

Resolved:

(1)        That Cllr Boyce be appointed as Vice-Chairman for the duration of the meeting.

(Director of Governance) To declare interests in any item on the agenda.

(a)        Pursuant to the Council’s Member Code of Conduct, Cllr M Sartin declared a personal interest in the following item of the agenda, by virtue of having received a consultation letter on the application. The Councillor had determined that her interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                  EPF/0934/16   Roydon Marina, High Street, Roydon.

(b)        Pursuant to the Council’s Member Code of Conduct, Cllrs M Sartin and J M Whitehouse declared a personal interest in the following item of the agenda, by virtue of being a member of the Lee Valley Regional Park Authority. The Councillors had determined that their interest was non-pecuniary and would remain in the meeting for the consideration of the application and voting thereon:

·                  EPF/0934/16   Roydon Marina, High Street, Roydon.

(Director of Governance) To confirm the minutes of the last meeting of the Committee held on 3 August 2016.

Resolved:

(1)        That the minutes of the meeting held on 3 August 2016 be taken as read and signed by the Chairman as a correct record, subject to the following amendment:

            (a)        amending the reference to “Essex Highways” in condition (12) to      “Essex County Council” for planning application EPF/1269/15 at the Golden            Lion PH, Borders Lane in Loughton.

(Director of Governance) To consider the attached report for the extension of the existing Marina to provide an additional 240 berths, 120 parking spaces and additional associated facilities such as refuse collection points, elsan points and a 28.88 square metre extension to the facilities building.

The Assistant Director of Governance (Development Management) presented a report for the extension of the existing Marina to provide an additional 240 berths, 120 parking spaces, additional associated facilities and a 28.88m² extension to the facilities building at the Roydon Marina, High Street in Roydon. This application was before the Committee as it was classed an application for major commercial and other developments.

The Assistant Director stated that the site was part of the existing Roydon Mill Leisure Park and the lake had been used for recreational purposes for many years. There were residential mobile homes to the east of the site and much of the Leisure Park had been redeveloped with new log cabin style mobile homes. Most of the lake was already in use as a Marina and access to the site was via the existing access track which was along the tow path from its junction with Roydon High Street. The application proposed to extend the existing 315 boat marina with mooring for an additional 240 boats, along with an additional 120 parking spaces. Some additional works were proposed to the access road to further deter speeding. The additional boats would be moored to floating jetties, and the floating walkways to access the jetties would be approached from the northern bank of the lake.

The Assistant Director reported that the main issues in the determination of this application were: the impact on the Green Belt; the landscape and the visual amenity of the area; the impact on wildlife, conservation and ecology; the impact on highways and highway safety; the effect on residential amenity; hydrology; the loss of open water; residential use; the adequacy of facilities; and drainage and flood risk. In addition, the Committee were informed that policies RST1 (Development of additional Recreational, Sporting & Tourist Facilities) and RST22 (Potentially Intrusive Activities) were also applied to this application, and the Transport Policy within the National Planning Policy Framework was also highlighted.

Planning Officers had concluded that the development would not preserve the openness of the Green Belt due to the impact on the openness of the moored boats and cars that might be parked rather than the physical works proposed, and was therefore inappropriate development. However, the need for moorings to serve the recreational needs of London and the South-East, and the suitability of this site to provide for that need with minimal works, was considered sufficient to amount to very special circumstances that outweighed the relatively limited harm to the Green Belt and any other harm from the development. It was considered a development that supported open air, rural tourism and leisure activities in a logical and appropriate location within the Lee Valley Regional Park, and was therefore recommended for approval with conditions.

The Committee noted the summary of representations received in respect of this application. The Parish Council had objected on the grounds of access, traffic, parking, the existing planning conditions for the site not being complied with and in particular the boats not to  ...  view the full minutes text for item 31.

(Director of Governance) To consider the attached report for a Certificate of Lawful Development for the existing use of the site for storage of vehicles, caravans, motorhomes, trailers and machinery (DEV-012-2016/17).

The Assistant Director of Governance (Development Management) presented a report for a Certificate of Lawful Development for the existing use of the site for storage of vehicles, caravans, motorhomes, trailers and machinery. This application had been considered by Area Planning Sub-Committee East at its meeting on 7 September 2016; the application was refused on the Chairman’s casting vote, but four Members stood to refer the application to this Committee under the Minority Reference rules within the Constitution (Part 4, Rule M2 refers).

The Assistant Director reported that the site was located on the east side of Abridge Road, between the adjacent dwelling ‘Highview’ and Hillcroft Nursery, and had a single access with limited road frontage. The land closest to the road was used for recreational parking of motor homes, caravans and the such like; whilst at the southern end of the site were two buildings, the larger used for storage and the smaller for general vehicle repairs. The wider, surrounding area comprised open fields and the site was within the Metropolitan Green Belt.

The Assistant Director stated that such applications should be determined on a balance of probabilities, and informed the Committee of the legal advice received prior to the meeting in relation to Planning Policy Guidance 17c – Lawful Development Certificates. The evidence provided by aerial photographs, both those supplied by the Applicant and from the Council’s own database, had supported the contention that the relevant areas had been hard surfaced and used for parking and storage at various times during the previous ten years. The Applicant had also granted access for Planning Officers to bookings diaries and bank paying-in books showing that vehicles had been stored at the site since at least 2007. A statement, in the form of a Statutory Declaration, had been submitted by the Applicant stating that he had owned the site since 1995 and had stored vehicles in various locations since.

Planning Officers had concluded that the evidence submitted was generally consistent with records held by the Council, and showed a clear pattern of storage of caravans and other vehicles over an extended period. There was little evidence to contradict that submitted by the Applicant, and it was considered that, on the balance of probabilities, the use was lawful.

The Committee noted the summary of representations, and that no responses had been received from the four neighbours consulted. The Theydon Bois & District Rural Preservation Society referred to previous applications for holiday pitches on the site and argued that the application would breach planning conditions in those applications. Theydon Bois Action Group questioned the evidence submitted to support the application. Theydon Bois Parish Council had objected to the application, arguing that the evidence was not sufficient to justify the grant of a Certificate on the balance of probability.

Some Members felt that the photographs from 2007 showed very few vehicles being stored at the site, and certainly no commercial storage of vehicles had been in operation at that time. Therefore, the evidence did  ...  view the full minutes text for item 32.

(Director of Governance) To consider the attached report for the variation of condition 2 ‘plan numbers’ on planning application EPF/2197/16 (Installation of two storey business units (Use Class B1a); part single and part two storey cafe (Use Class A3); forming a business incubator development of 34 units based on reconditioned shipping containers, to allow for a supporting base structure for the approved crates.

The Assistant Director of Governance (Development Management) presented a report for the variation of condition 2 – ‘Plan Numbers’ – on planning application EPF/2197/16 (Installation of two storey business units (Use Class B1a); part single and part two storey café (Use Class A3); forming a business incubator development of 34 units based on reconditioned shipping containers) to allow for a supporting base structure for the approved crates.

The Assistant Director reported that the site was located within the Oakwood Hill Industrial Estate, which was designated as an employment area, and comprised an open yard previously used for storage flanked by two x two-storey business units with a vehicle access in between. The site backed onto the London Underground railway line, was directly opposite the entrance road to the Estate and therefore visible from Oakwood Hill. The site was not within the Metropolitan Green Belt or a Conservation Area. The proposal sought a minor material amendment to the plans approved by the Committee on 24 February 2016, for a supporting base structure to allow the reconditioned shipping containers to sit flat on the site, due to the slope to the rear of the site. The base structure would raise the front of the crates by a maximum of 0.8metres, and no other changes were proposed.

The Assistant Director stated that the application was before the Committee as it was considered a major planning application with the development of commercial floor space in excess of 1000m². The Council owned the freehold of the site. The main issues to be considered for this proposal were the impact on the overall design and amenity. Planning Officers had concluded that the amendment was relatively small and the addition of the base structure was considered acceptable; therefore approval of planning permission, with conditions, had been recommended.

The Committee noted the summary of representations, and that Loughton Town Council had no objection to the application. No responses had been received from neighbours during the consultation period.

Decision:

(1)        That planning application EPF/1922/16 at 15 Oakwood Hill Industrial Estate, Oakwood Hill in Loughton be granted permission subject to the following conditions:

1.         The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2.         The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 1.01, 1.02, 1.03, 1.04, 1.05, 1.11, 1.12, 1.13, 1.14, and 1.22 all dated 11/12/2015 and e16041-001-A and e16041-002-A both dated 16/03/16

3.         The development shall be implemented in accordance with the approved details submitted under EPF/1915/16 showing a photograph of the proposed crate.

4.         The development shall be implemented in accordance with the Surface Water Drainage Design document and drainage plan 5202/501-A submitted under EPF/1915/16. These approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

5.         No development shall take place until a Phase 1 Land Contamination  ...  view the full minutes text for item 33.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 24 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.

The Committee noted that there was no other urgent business for consideration.

Exclusion

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

Article 17 of the Constitution (Access to Information) define 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 for consideration which necessitated the exclusion of the public and press.