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 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.

The Committee noted the following substitutions for this meeting:

(i)         Councillor Patel for Councillor Hart.

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

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor G Mohindra declared an interest in the following items of the agenda, by virtue of being the Chairman of the local Conservative Party for which the Anderson Group, who would be undertaking the construction if these schemes were granted planning permission, was a donor of funds. The Councillor had determined that his interest was not pecuniary and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/2516/14   Foster Street Farm, Foster Street;

·                     EPF/2517/14   Land at Harlow Gateway South, London Road (A414); and

·                     EPF/2518/14   C J Pryor, Cecil House, Foster Street.

To confirm the minutes of the last meeting of the Committee held on 10 June 2015.

Resolved:

(1)        That the minutes of the meeting held on 10 June 2015 be taken as read and signed by the Chairman as a correct record.

(Director of Governance) To consider the attached report for change of use of former farm office and diary building and barn to create one live/work unit (DEV-001a-2015/16).

(Director of Governance) To consider the attached, restricted legal opinion in conjunction with the report published on the agenda.

The Assistant Director of Governance (Development Management) presented a report for the change of use of a former farm office and dairy building and barn to create one live/work unit at Barkers Farm in Mount End Road, Theydon Mount. The proposal also included the infilling of an undercroft area to form a living room. The front elevation would be enclosed by glazed bi-fold doors.

The Assistant Director informed the Committee that this application was originally considered by Area Plans Sub-Committee East on 15 April 2015. A motion to refuse the application on the grounds that it would compromise the openness of the Green Belt and was not a sustainable location for residential development was lost; the Planning Officer’s recommendation to approve the application was then agreed. However, five members had invoked the minority reference rules within the Constitution to refer the application to this Committee for a final decision. This application was considered at the last meeting of the Committee, and it was deferred pending the receipt of further legal advice concerning paragraph 90 of the National Planning Policy Framework. This advice had now been received from Counsel and distributed separately to the members of the Committee.

The Assistant Director stated that the application site was situated on the east side of Mount End Road, and was within the Metropolitan Green Belt. The site comprised a substantial two-storey brick building originally constructed as a dairy building and farm office. A single-storey wing extended to the rear and extended up to a substantial modern barn, which was now divided into four units. The site also included a large tarmac-surfaced area and a grassed area south of the former dairy and barn.

The Assistant Director highlighted that the site had a history of planning permission being refused and a subsequent appeal dismissed on the grounds there was no evidence of agricultural need for the proposed dwelling. Since the publication of the National Planning Policy Framework, the issue of agricultural need was no longer relevant and there was a different planning policy context by which to determine this application.

The Assistant Director referenced paragraph 90 of the National Planning Policy Framework, which made clear that the re-use of buildings in the Green Belt was not inappropriate provided the buildings were of a permanent and substantial construction, the new use preserved the openness of the Green Belt, and did not conflict with the purposes of including land in the Green Belt. In relation to this, Officers had concluded that the proposal was not inappropriate development in the Green Belt, would not cause undue harm, and therefore had complied with the relevant planning policies.

The Committee noted the summary of representations received in relation to the application. Two letters had been received objecting to the application, of which one was from the Parish Council; both objections were opposed to the establishment of a dwelling on this site. The Committee heard from the applicant before proceeding to debate the application.

Some Members of the Committee were  ...  view the full minutes text for item 21.

(Director of Governance) To consider the attached report for full planning permission to redevelop the site with enabling residential development to provide 9 residential units together with associated car parking, open space, and refuse and recycling facilities (linked to applications EPF/2617/14 & EPF/2518/14) (DEV-007a-2015/16).

The Assistant Director of Governance (Development Control) presented a report regarding the redevelopment of the site at Foster Street Farm in Foster Street to provide 9 residential units together with associated car parking, open space, refuse and recycling facilities. This was an enabling development for the linked applications EPF/2517/14 and EPF/2518/14, as the approval of the two residential schemes would financially support the relocation of C J Pryor to an expanded site at Harlow Gateway South.

The Assistant Director reported that the proposal sought permission for two 3-bedroomed, five 4-bedroomed and two 5-bedroomed properties to be erected. The dwellings would all be two-storeys in height, and although the original plans had included three-storey dwellings these had been amended to lower the height of the buildings. A pair of semi-detached dwellings and a single dwelling would front Foster Street, with a linear development of detached dwellings to the rear of these. A small pond would be sited in the south east of the site and the site access would be relocated to allow for better visibility.

Planning Officers had concluded that the proposed development would not result in any greater harm to the openness of the Green Belt and would not cause any significantly greater impact on the character and appearance of this rural area. There would be no perceptible increase in vehicle movements and the relocation of the access road would improve highway safety. The loss of amenity to existing properties would not be excessive, and there were some amenity benefits to the local area from this development. Adequate parking and private amenity space had been provided, and the small scale of the proposed development was sufficient in respect of sustainability. The proposal complied with the National Planning Policy Framework and the relevant Local Plan policies, and was therefore recommended for approval.

The Assistant Director added that this application, along with the two linked applications, was originally considered by Area Plans Sub-Committee East at its meeting on 13 May 2015. However, all three applications were referred directly to this Committee without discussion. This application had been deferred by the Committee at its previous meeting to enable proper consultation to be undertaken as the submitted plans had been amended by the Applicant following the publication of the agenda.

The Assistant Director informed the Committee that a High Court ruling had been received following publication of the agenda, which required 50% of the units to be allocated for affordable housing on the site. The application had not included any provision for affordable housing, and if this application had been dealt with at the previous meeting then this ruling would not have applied. However, the Council did not have to comply with this ruling if it felt that very special circumstances existed.

The Committee noted the summary of representations. Twelve letters in support of the application had been received, including the local Member of Parliament for Harlow and six employees of C J Pryor; eleven letters of objection had been received, including North  ...  view the full minutes text for item 22.

(Director of Governance) To consider the attached report for the proposed development of Plot A of the site for B1 (business) and B8 (storage & distribution) purposes by C J Pryor Ltd (linked to applications EPD/2516/14 & EPF/2518/14) (DEV-008a-2015/16).

The Assistant Director of Governance (Development Management) presented a report on the proposed redevelopment of Land at Harlow Gateway South on London Road (A414) for B1 (Business) and B8 (Storage & Distribution) purposes by C J Pryor Limited. This application was linked to planning applications EPF/2516/14 and EPF/2518/14, as the approval of the two residential schemes would financially support the relocation of C J Pryor to an expanded site at Harlow Gateway South.

The Assistant Director reported that consent for the change of use of the site was being sought to allow C J Pryor to relocate from their existing two sites in Foster Street. The proposal included the erection of a two-storey office building, a warehouse style shed, an electrical sub-station and a pump station. The majority of the site would provide parking for staff as well as plant and machinery. There would also be storage space for recycling skips, and a large wash down and fuelling station within the centre of the site. The site would be served by the existing access point from the A414, albeit by a new road system. The company had stated that they were expanding and that the existing Foster Street sites were inappropriate for this expansion.

Planning Officers had concluded that the site was not previously developed land, and that the proposal was inappropriate development which would be harmful to the openness of the Green Belt. Furthermore, the bulk and visual impact of the proposed development would be detrimental to the character and appearance of the rural, edge-of-settlement location that was Foster Street. The desire of C J Pryor to locate from their existing sites to facilitate an expansion of their business, and the economic benefits arising, was not considered to be very special circumstances which would outweigh the substantial harm to the Green Belt from this development. The application did not comply with the National Planning Policy Framework or the relevant Local Plan policies, and therefore the application was recommended for refusal. Given the current designation of the site as undeveloped Green Belt, it was felt that there was not any way forward for this proposed development.

The Assistant Director added that this application, along with the two linked and enabling applications, were originally considered by Area Plans Sub-Committee East at its meeting on 13 May 2015. However, all three applications were referred directly to this Committee without discussion. This application had been deferred by the Committee at its previous meeting to enable proper consultation to be undertaken as the submitted plans had been amended by the Applicant following the publication of the agenda.

The Committee noted the summary of representations. Twelve letters in support of the application had been received, including the local Member of Parliament for Harlow and six employees of C J Pryor; thirteen letters of objection had been received, including Harlow District Council and North Weald Bassett Parish Council, who had submitted a further letter of objection following sight of the amended plans. The Committee heard from an  ...  view the full minutes text for item 23.

(Director of Governance) To consider the attached report for full planning permission to redevelop the site with enabling residential development to provide 65 residential units together with associated car parking, open space, and refuse and recycling facilities (linked with EPF/2516/14 & EPF/2517/14) (DEV-009a-2015/16).

The Assistant Director of Governance (Development Management) presented a report regarding the redevelopment the site containing Cecil House in Foster Street to provide 65 residential units together with associated car parking, open space, and refuse and recycling facilities. This application was linked to planning applications EPF/2516/14 and EPF/2517/14, as the approval of the two residential schemes would financially support the relocation of C J Pryor to an expanded site at Harlow Gateway South.

The Assistant Director reported that the application proposed a mixture of two, three, four and five bedroomed properties, which would be two storeys in height. The original plans for some of the units to be three storeys had been amended to lower the height of these buildings. The development would be laid out around a road which would form the spine of the development, and would circulate around the site with a small mews in the south eastern corner.

Planning Officers had concluded that the scale and intensity of the proposed development, and the encroachment into a previously undeveloped area, would constitute inappropriate development which was harmful to the Green Belt. Furthermore, an additional 65 dwellings in this small hamlet would constitute unsustainable development, which would detrimentally impact on the character and appearance of this rural area. The development also failed to provide any affordable housing, contrary to the Council’s policy obligations. The proposed expansion of C J Pryor, which this development would enable, was not considered very special circumstances which would outweigh the substantial harm from this development. The application failed to comply with the National Planning Policy Framework and the relevant Local Plan policies, and therefore this application had been recommended for refusal. A revised application for residential development of a lower density on the previously developed land within the eastern half of the site, which also provided an affordable housing element, could be considered a possible way forward for this proposal.

The Assistant Director added that this application, along with the two linked applications, were originally considered by Area Plans Sub-Committee East at its meeting on 13 May 2015. However, all three applications were referred directly to this Committee without discussion. This application had been deferred by the Committee at its previous meeting to enable proper consultation to be undertaken as the submitted plans had been amended by the Applicant following the publication of the agenda.

The Committee noted the summary of representations. Twelve letters in support of the application had been received, including the local Member of Parliament for Harlow and six employees of C J Pryor; sixteen letters of objection had been received, including North Weald Bassett Parish Council, four of whom had submitted a further letter of objection following sight of the amended plans. Harlow District Council had no objection to the development. The Committee heard from an Objector, the Parish Council and the Applicant’s Agent before proceeding to debate the application.

Members of the Committee acknowledged that the new Local plan would require more houses to be built in the  ...  view the full minutes text for item 24.

(Director of Governance) To consider the attached report for the erection of 51 affordable houses with 28 parking spaces (revised application) (DEV-010-2015/16).

The Assistant Director of Governance (Development Management) presented a report regarding the redevelopment of land and garages off Burton Road in Debden to provide 51 affordable dwellings with 28 parking spaces.

The Assistant Director reported that the application site comprised land on the south-eastern side of Burton Road, between Torrington Gardens and Torrington Drive. It currently contained garages at either end, separated by a grassed amenity area which included a right of way between Burton Road and Torrington Drive. The site backed on to the gardens of the maisonettes in Torrington Drive, and there was a large public car park opposite the site.

The Assistant Director stated that the application proposed 17 houses and 34 flats in two blocks fronting Burton Road. This was a revised application following the refusal of planning permission by Area Plans Sub-Committee South in January 2015. This application had reduced the height of the houses by approximately 400mm and the two flat blocks by 1.1m; this had been achieved by cutting into the land nearest Burton Road to achieve a level surface to build on. In addition, the number of flats to be provided had been reduced by one, and the number of parking spaces increased by one. 15 of the houses would be part single-storey, part three-storey three bedroomed units forming a terrace. These would have a roof terrace that looked out towards  Burton Road and a screen wall at the rear to obstruct all views towards the gardens of the maisonettes in Torrington Drive. The two remaining houses would form a pair of semi-detached two-bedroomed houses. Each house would have a private driveway for vehicle parking. The flats would take the form of two four-storey buildings either side of the footpath linking Burton Road with Torrington Drive, and would consist of 11 one-bedroomed dwellings and 23 two-bedroomed dwellings. A total of 11 parking spaces would be provided for the flats. The application was also accompanied by a signed Unilateral Undertaking to make a financial contribution of £16,720 towards healthcare provision in the locality, as advised by NHS England.

The Assistant Director added that the Council had only received the comments from Essex County Council the day before the meeting concerning flood risk assessments and the application of sustainable drainage systems. The result of urgent discussions with the County Council had been the agreement to replace condition 5 listed in the report with four new conditions, which the Assistant Director outlined for the benefit of the Committee.

Planning Officers had concluded that the proposal had properly addressed the reasons for refusal of the previous application and would secure much needed affordable housing in a highly sustainable location without causing excessive harm. It was considered that appropriate off-street parking provision had been proposed, and while it was recognised there was a wider parking issue in the locality, it was not a matter on which to decide this application. It was felt that the proposal complied with relevant planning policy and was recommended for approval.

The  ...  view the full minutes text for item 25.

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.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee.  Two weeks' notice of non-urgent items is required.

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.

Confidential Items Commencement:

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:

Paragraph 8 of the Access to Information Procedure Rules of the Constitution 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 (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

The Committee noted that there was no business for consideration which necessitated the exclusion of the public and press from the meeting.