Agenda and minutes

This meeting is to be webcast and the Senior 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 made a short address to remind 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.

General advice to people attending the meeting is attached.

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, during 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.

To be announced at the meeting.

In the absence of the Chairman, who had tended his apologies for the meeting, the Vice-Chairman would chair the meeting and requested nominations from Members to be the Vice-Chairman for the meeting.

Resolved:

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

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 Hughes for Cllr Chambers; and

(b)        Cllr Philip for Cllr Knapman.

To declare interests in any item on the agenda.

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

To confirm the minutes of the last meeting of the Committee held on 28 March 2018.

Resolved:

(1)        That the minutes of the meeting held on 28 March 2018 be taken as read and signed by the Chairman as a correct record.

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

The Principal Planning Officer introduced a Briefing Note, produced by the Planning Policy Team.

The Principal Planning Officer reported that the Briefing Note had been written to ensure a consistent approach was taken to the provision of Planning Policy advice following the publication of the Epping Forest District Local Plan Submission Version on 18 December 2017. Its primary purpose was to inform the Development Management process and to assist Development Management Officers, Councillors, Applicants and Planning Agents. Other Council Officers involved in the Development Management process might also find the Briefing Note useful.

Resolved:

(1)        That the Planning Policy Briefing Note for the Epping Forest District Local Plan Submission Version, published on 18 December 2017, be noted.

To consider the attached report. This report originally went to the Area Plans South Meeting on 18 April, where it was referred to the DDMC.

The Principal Planning Officer presented a report on the enforcement investigation into the land raising in the rear garden of 49 Manor Road, Chigwell, as requested by Area Planning Sub-Committee South at its meeting on 24 January 2018.

The Principal Planning Officer informed the Committee that the site contained a detached dwelling house in an area characterised by large single dwelling houses on spacious plots. The original house had largely been removed and remodelled, through various planning applications, and this had been a complex site to deal with. As part of the ongoing works to refurbish the house and site, the rear garden had been remodelled, trees cut down (none of whom had not been covered by a Tree Preservation order), the height of the land along a strip along the western boundary adjacent with the rear garden of No 47 had been raised and a pool building and a shed erected along the southern boundary. A planning application for the land raising had been received and refused by Area Planning Sub-Committee South in January 2017; the Committee was being requested to consider the subsequent enforcement action by Officers.

The Principal Planning Officer stated that it was a fact that the land had been raised along the western boundary of No 49 to the rear (southern) boundary along the boundary in a narrow strip due to the original height and undulation of the garden as it rose to the south. The area was minimal in width due to the ground undulations of the garden in this area and the height of the raising had varied from around 400mm along most of the length to 800m on the area of land that the shed was on, and as an estimate averaged about 566mm (or half a metre). The area of land raising was highest on the section boundary where the shed had been erected. It was also the case that no enforcement action was requested by the Sub-Committee when the planning application for these works was refused in January 2017. It was also the case that only this Committee had the delegated authority to authorise enforcement action.

After further site visits and evidence gathering, Officers took the decision that the land raising was not sufficient to justify further enforcement action. This decision was made in accordance with national and local polices (the Councils Local Enforcement Plan) after careful assessment of the facts revealed by the continuing investigation.

In the professional opinion of Officers, the land raising which had occurred did not cause significant harm in terms of overlooking as the area of garden which had the potential to be overlooked was at the far end of No 47 rear garden and there was no direct overlooking of the rear elevation of No 47. It was also the case that it was not unusual for the rear gardens of properties to be overlooked by neighbours from rear elevations or due to different land levels, and some degree of overlooking was the norm  ...  view the full minutes text for item 8.

To consider the attached report.

The Principal Planning Officer presented a report for a retrospective planning application concerning a single storey front extension that had been built along the full width of one side of the existing building at 1 Bushey Lea in Chipping Ongar.

The Principal Planning Officer informed the Committee that this application had been considered by Area Planning Sub-Committee East on 4 April 2018 with a recommendation to rant/refuse. However, the application had been referred to this Committee for a decision without a further recommendation. This application had originally been ‘called in’ by Cllr Keska.

The Principal Planning Officer stated that Bushey Lea was a small lane directly off Ongar High Street, and was within the Ongar conservation area. The lane acted as a transition from the High Street and Conservation Area to the countryside beyond with open fields at the end of the lane. The application site contained a modest link detached two-storey cottage, which did not benefit from any private amenity space to the rear of the property due to the shape of the plot. Planning permission was granted for the demolition of the existing single-storey extension and outbuildings and its replacement with a two storey side extension  as well as a small front projection.

The Principal Planning Officer stated that the application proposed to retain the extension as built, with a single storey front projecting element now crossing the width of the property at  part 1 metre, part 1.5 metres deep in line with the ‘set back’ of the side extension, with a slate tiled roof. Both the front and side elevations were clad in a composite material weatherboarding with a wood grain effect and finished in cream, similar in tone to the rear of the adjoining property at 38 High Street. The two storey side element remained at 5.5 metres wide by 4.6 metres deep. As part of the proposal, revised drawings had been submitted in line with the Conservation Officer’s comments proposing the removal of UPVC soffit boards and the correction of some cladding around the windows in the Western side elevation, in order to make the proposal appear more appropriate to the character and appearance of the Ongar conservation area.

The Principal Planning Officer reported that the Conservation Officer had raised concerns about the UPVC double doors, as in normal circumstances within the conservation area, these doors would be of a timber construction with a thinner profile. However, the applicant had provided evidence to show that the doors were fitted by Thames Water in order to mitigate against flood risk, as the property had suffered from ‘black water’ flooding on a number of occasions. In the light of this evidence, the retention of the UPVC was on balance considered acceptable and the harm caused to the conservation area was minor. In respect of the cladding used for the extension, composite weatherboard was not the type of material expected to be used within the conservation area. However, the brickwork was not considered to be of any particular  ...  view the full minutes text for item 9.

To consider the attached report.

The Committee noted that this application had been withdrawn by the Applicant pending the submission of a revised application for the site.

(Director of Governance) 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

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 (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.