Agenda and minutes

1. This virtual meeting is to be webcast. Members are reminded of the need to unmute 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).

Please could I also remind Members of the Public who have registered to speak that they will be admitted to the meeting at the appropriate time.

Please also be aware that if technical difficulties interrupt the meeting that cannot be overcome, I may need to adjourn the meeting.”

The Chairman made a short address to remind all present that the virtual 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.

To confirm the minutes of the last meeting of the Sub-Committee held on 10 June 2020.

RESOLVED:

That the minutes of the meeting held on 10 June 2020 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on this agenda.

(a)             Pursuant to the Council’s Code of Conduct, Councillor C McCredie declared a non-pecuniary interest in the following item of the agenda by virtue of being a member of Epping Town Council. The Councillor had determined that she would remain in the meeting for the consideration of the application and voting thereon:

·        EPF/0891/20 – 83 Bell Common, Epping CM16 4DZ

(b)             Pursuant to the Council’s Code of Conduct, Councillor J H Whitehouse declared a non-pecuniary interest in the following item of the agenda by virtue living in the same road as the applicant. The Councillor had determined that she would remain in the meeting for the consideration of the application and voting thereon:

·        EPF/0737/20 – 20 Dukes Avenue, Theydon Bois CM16 7HE

(c)             Pursuant to the Council’s Code of Conduct, Councillor N Bedford declared a non-pecuniary interest in the following item of the agenda by virtue of being a member of North Weald Parish Council. The Councillor had determined that he would remain in the meeting for the consideration of the application and voting thereon:

·        EPF/2523/16 – Brent House Farm, Harlow Common, North Weald CM17 9JD

(d)             Pursuant to the Council’s Code of Conduct, Councillor J Philip declared a non-pecuniary interest in the following item of the agenda by virtue of knowing the resident who lives and number 22 Dukes Avenue. The Councillor had determined that he would remain in the meeting for the consideration of the application and voting thereon:

·        EPF/0737/20 – 20 Dukes Avenue, Theydon Bois CM16 7HE

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.

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

It was noted that the Epping Forest District Local Plan Submission Version Planning Policy Briefing note was available at:

http://www.efdclocalplan.org/wpcontent/uploads/2018/03/Planning-Policy-Briefing-Note_Mar-2018.pdf

To consider the Deed of Variation/release from S106 agreement financial contribution on EPF/2523/16 (Demolition and reconstruction of the Farm House together with the erection of 19 no. additional dwellings, served off the existing approved vehicular access on Harlow Common / Foster Street together with internal road layout, parking and a scheme of landscaping and tree planting).

The Principal Planning Officer presented a report to the Sub-Committee he advised that on 11 October 2017 planning consent was granted by Area Plans Sub Committee East for the demolition and reconstruction of the Farm House together with the erection of 19 no. additional dwellings. This was approved subject to a legal agreement for the following:

That planning permission be issued after the completion of a legal agreement (Section 106 of the Town and Country Planning Act 1990) within 3 months of the date of this committee meeting that ensures the following as necessitated by development proposal:

(1)   a satisfactory financial contribution to the Council in respect of:-

(a)        £90,000 for off-site Affordable Housing;

(b)        The payment of £50,000 towards the provision of local community facilities, prior to first commencement of the development hereby approved; and

(2)   provide on site, 2 of the proposed 2 bed town houses as affordable rented units in accordance with the Council’s normal affordable housing requirements.

The Developer advised that, despite their best endeavours, there had been no interest in the two affordable housing units from Registered Providers. Their reasons for this were generally outlined as the inefficiencies of taking only two units in an ‘out-of-the-way’ location, and management issues within a private housing estate.

The Council’s Housing department were approached to take on the units; however they rejected the affordable housing units for the following reasons:

1)     There were concerns with the number of units offered;

2)     Concerns about construction methods used;

3)     Concerns about potential issues with residual and surface condensation; and

4)     Concerns about the structural warranty being provided including uncertainty about its effectiveness and level of cover.

In lieu of the two on site affordable houses, the developers have put forward a financial proposal of an affordable housing contribution of a minimum payment of £134,000, as well as a payment of 50% of the proceeds of any sale of the two units should the sale value rise above £350,000.

Resolved:

(1)   That the S106 legal agreement be modified to allow for an additional payment of £134,000 towards the provision of affordable housing in lieu of the two no. 2 bed town houses to be provided as affordable rented units on site; and

(2)   That a payment to the Council of 50% of the proceeds of any sale of the two units, should the sale value rise above £350,000.

To identify and agree requirements for formal site visits to be held with regard to any planning application listed in this agenda, prior to consideration of the application.

There were no formal site visits requested by the Sub-Committee.

The Sub-Committee Members noted that, for the duration of the coronavirus pandemic, any planning applications deferred for a site visit at an Area Planning Sub-Committee (or the District Development Management Committee) be automatically referred to the District Development Management Committee (or Council) for determination.

To consider the attached report.

Report Item No: 10

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=628783

REASONS FOR REFUSAL

To consider the attached report.

Report Item No: 11

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=635513

CONDITIONS

To consider the attached report.

Report Item No: 12

Click on the link below to view related plans and documents for this case:

http://planpub.eppingforestdc.gov.uk/NIM.websearch/ExternalEntryPoint.aspx?SEARCH_TYPE=1&DOC_CLASS_CODE=PL&FOLDER1_REF=636314

DEFFERED to DDMC