Agenda and minutes

1.         This meeting is to be webcast;

2.         Members are reminded of the need to activate their microphones before speaking; and

3.         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 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 speak the webcasting officer.”

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.

To confirm the minutes of the last meeting of the Sub-Committee held on 21 March 2018.

RESOLVED:

That the minutes of the meeting of the Sub-Committee held on 21 March 2018 be taken as read and signed by the Chairman as a correct record.

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

(a)         Pursuant to the Council’s Code of Member Conduct, Councillor G Chambers declared a non-pecuniary interest in the following items of the agenda by virtue of receiving communications from both the objectors and applicant. The Councillor had determined that his interest was non-pecuniary and that he would remain in the meeting for the consideration of the application and voting thereon:

·         EPF/0307/18 – 18 Russell Road, Buckhurst Hill IG9 5QJ

·         EPF/2499/17 – 13-15A Alderton Hill, Loughton IG10 3JD

(b)         Pursuant to the Council’s Code of Member Conduct, Councillor S Heap declared a non-pecuniary interest in the following items of the agenda by virtue of expressing views in emails about the principals involved in some of the decisions about the sites. The Councillor had determined that his interest was non-pecuniary but he would leave the meeting for the consideration of the application and voting thereon:

·         EPF/0295/17, EPF/0535/17, EPF0536/17, EPF/2315/17, EPF/2877/17 – 49 Manor Road, Chigwell IG7 5PL

(c)         Pursuant to the Council’s Code of Member Conduct, Councillor C C Pond declared a non-pecuniary interest in the following item of the agenda by virtue of having a discussion with a person interested in promoting this scheme but that he did not express any views. The Councillor had determined that his interest was non-pecuniary and that he would remain in the meeting for the consideration of the application and voting thereon:

·         EPF/2499/17 – 13-15A Alderton Hill, Loughton IG10 3JD

(d)         Pursuant to the Council’s Code of Member Conduct, Councillor C P Pond declared a non-pecuniary interest in the following item of the agenda by virtue of knowing several people connected with this application. The Councillor had determined that her interest was non-pecuniary and that she would remain in the meeting for the consideration of the application and voting thereon:

·         EPF/2499/17 – 13-15A Alderton Hill, Loughton IG10 3JD

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 Sub-Committee.

(Director of Governance) The attached 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 Principal Planning Officer will introduce the requirements of the Planning Policy Briefing Note, the primary purpose of whichis to inform the development management process and to assist Development Management officers, Councillors, applicants and planning agents.

The Principal Planning Officer introduced the Planning Policy Briefing Note (March 2018) and informed Members of the Sub-Committee that they could contact him separately after the meeting if they had any questions.

(Director of Governance)  To consider planning applications as 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.

The Sub-Committee considered a schedule of applications for planning permission.

            RESOLVED:

            That the planning applications numbered 1 – 10 be determined as set out in the attached schedule to these minutes.

(Director of Governance) To consider the attached report.

The Principal Planning Officer introduced a report regarding an enforcement investigation of land raising to the rear garden of 49 Manor Road, Chigwell. The Officer advised that there was a dispute between Officers and a complainant as to the precise height and extent of land raising and the consequences of the land raising for the living conditions of 47 Manor Road .

No 49 Manor Road was a detached dwelling house in the urban area of Chigwell, which was characterised by large single dwelling houses on spacious plots.

A planning application for land raising was considered at the Area Planning Sub-Committee on the 4 January 2017 and was subsequently refused.

The Officer advised the rear garden originally sloped down gently from the eastern boundary to the western boundary with No 47. The garden of No 47 was lower than that of No 49. A number of conifers were removed from the garden of No 49 but although the Tree Section did investigate, these were found not to be covered by a TPO and no offences committed under the Planning Acts were revealed.

After an investigation into the land raising it was discovered that the land had been raised along the western boundary of No 49 and it varied in height from 400mm along most of the length to 800mm maximum height.

The Officer advised that when considering whether it was expedient to take enforcement action it was the case that the planning system did not exist to punish wrong doers. It was mandated to consider what harm was caused, and if it was caused whether the steps necessary to remedy the harm required by enforcement action were proportionate to the degree of harm caused. These principals were laid out in national Policy and the adopted Local Enforcement Plan. In this case whilst the land had been raised the investigation showed that it was not as high as alleged and the harm caused, in the professional opinion of Officers, it was not sufficient as to justify the service of an enforcement notice which would stand up to scrutiny in an appeal.

Members were concerned that this application was refused at Area Plans South on the 4 January 2017 yet the Applicant still went ahead and raised the land and therefore Councillor Mohindra proposed that this application was referred to the District Development Management Committee and this was seconded by Councillor Knapman.

Members resolved to refer the report to the next meeting of the Council’s District Development Management Committee. They recommended that the Council’s Constitution Working Group consider Local Enforcement Plan with a view to seeking faster planning enforcement action and/or reporting back to Members following a committee decision to refuse planning permission for development that had already taken place.

            RESOLVED:

That Members agreed this item be referred to the next meeting of the District Development Management Committee.