Agenda item

The Presenting Officer made it clear to Members that this application had been put back in front of Members since the Court quashed the previous decision in part due to the Committee's decision being reached on incorrect evidence.

The background was provided, in that this application was discussed at Area Planning Sub-Committee South on 11 October 2023. The decision reached by Members was to refuse planning consent. Unfortunately, on the 25 October 2023 an incorrect decision notice was sent to the applicant which granted consent for the proposal. The Council subsequently judicially reviewed the decision and the Courts recognised that the decision issued was clearly a mistake and therefore quashed this decision and as a result the application has returned to the LPA for redetermination and was now once again 'live'.

The incorrect evidence referred to by the Court was the lack of clarity in terms of the date of the previous appeal decision regarding EPF/1573/20 in relation to the adoption of the latest Local Plan. This formed part of the previous debate and was clarified by the presenting officer that the previous appeal decision was dated 9 March 2023. The Epping Forest District Local Plan 2011-2033 was formally adopted by the Council on 6 March 2023. Therefore, on the day that the Planning Inspector determined the previous appeal the latest Local Plan was adopted.

Much debate took place around the previous appeal decision. This adoption of the new Local Plan, along with the recent updates to the NPPF, have changed the landscape in which the decision should be assessed.

Discussion took place with regards to the number and layout of the parking provision proposed. It was highlighted by the Parish Council that four of the six basement parking spaces were adjacent to walls and were not the necessary usable size of 3.5m (minimum) to 3.9m (preferred) in width, as laid out within the Essex Vehicle Parking Standards (para. 3.2.1 and para. 3.2.7). Whilst it was accepted that the spaces were undersized, Members agreed not to progress their parking concerns as a reason for refusal since the Planning Inspector did not previously dismiss the appeal on these grounds.

Discussion took place around the reasons for refusal previously voted on in October 2023, and the presenting officer and legal representative explained why these could not be defended on appeal.

A vote on the recommended approval of the proposal, subject to conditions was taken and not upheld. In light of the adoption of the Local Plan and its vision to improve sustainability, with specific reference given to Policy DM20, and the updated NPPF where greater emphasis and weight was given to design, the below reasons for refusal were then progressed by Members, seconded, and a majority vote confirmed that:

The application was refused for the following reasons:

1.              Insufficient information has been provided to show how the proposed development would incorporate low carbon and renewable energy measures, contrary to policy DM20 of the Epping Forest District Local Plan 2011-2033 (2023), and Chapter 14 of the National Planning Policy Framework (2023).

2.              The proposed development, due to its bulk, scale and use as a block of five flats, would be out of context, prominent and incongruous within the established pattern of development in Courtland Drive and the surrounding street scene and would set an unacceptable precedent, contrary to policy DM9 of the adopted Epping Forest District Local Plan 2011- 2033 (2023), and the guidance contained within the National Planning Policy Framework (2023).