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 other such 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 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 meetings.

(Director of Governance)  To report the appointment of any substitute members for the meeting.

The Committee noted that there had been no substitute Members appointed for this meeting.

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

(a)        Pursuant to the Council’s Member Code of Conduct, Cllr A Boyce declared a personal interest in the following items on the agenda, by virtue of being the Council’s Tourist Champion. 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/3028/15   Gunpowder Mill, Powdermill Lane / Beualieu Drive, Waltham Abbey; and

·                  EPF/0018/16   Gunpowder Mill, Powdermill Lane / Beaulieu Drive, Waltham Abbey.

(b)        Pursuant to the Council’s Member Code of Conduct, Cllr G Mohindra declared a personal interest in the following items on the agenda, by virtue of being the independent Chairman of a Residents’ meeting concerning the application in February 2016. 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/3028/15   Gunpowder Mill, Powdermill Lane / Beualieu Drive, Waltham Abbey; and

·                  EPF/0018/16   Gunpowder Mill, Powdermill Lane / Beaulieu Drive, Waltham Abbey.

(c)        Pursuant to the Council’s Member Code of Conduct, Cllrs H Kauffman, R Jennings and C Pond declared a personal interest in the following item on the agenda, by virtue of being acquainted with the Applicant, who was considered a personal friend. The Councillors had determined that their interest was not pecuniary but would leave the meeting for the consideration of the application and voting thereon:

·                  EPF/0241/16   58 York Hill, Loughton.

(d)        Pursuant to the Council’s Member Code of Conduct, Cllr H Kauffman declared a personal interest in the following item of the agenda, by virtue of being the Applicant. The Councillor had determined that this interest was pecuniary and would leave the meeting for the consideration of the application and voting thereon:

·                  EPF/3142/15   Briar House, 42 Church Lane, Loughton.

(e)        Pursuant to the Council’s Member Code of Conduct, Cllrs R Jennings and C Pond declared a personal interest in the following item on the agenda, by virtue of being acquainted with the Applicant, who was considered a personal friend. The Councillors had determined that their interest was not pecuniary but would leave the meeting for the consideration of the application and voting thereon:

·                  EPF/3142/15   Briar House, 42 Church Lane, Loughton.

(f)         Pursuant to the Council’s Member Code of Conduct, Cllr G Mohindra declared a personal interest in the following item on the agenda, by virtue of being the Chairman of the local Conservative Party for which the Anderson Group, who would be undertaking the construction, 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 application and voting thereon:

·                  Variation to Section 106 Agreement – Former Tottenham Hotspur Training Ground, Luxborough Lane, Chigwell.

(Director of Governance) To confirm the minutes of the last meeting of the Committee held on 24 February 2016.

Resolved:

(1)        That the minutes of the meeting held on 24 February 2016 be taken as read and signed by the Chairman as a correct record.

(Director of Governance) To consider the attached report for the use of parts of the site as an outdoor recreation and activity centre for children together with the erection of new buildings to provide: guest accommodation, dining hall and kitchen, pavilion (changing rooms); and the conversion of several listed buildings to provide further guest accommodation and classrooms, together with a new lake for water based activities and the erection of free-standing activity structures (DEV-022-2015/16).

The Assistant Director of Governance (Development Management) presented a report for a planning application at the Royal Gunpowder Mills in Powdermill Lane, Waltham Abbey.

The Assistant Director stated that the Royal Gunpowder Mills was considered to be one of the most extensive and significant heritage sites in the District, which could trace the history and manufacture of explosives from the 16^th Century. The entire site was in excess of 63 hectares, most of which was designated as a Site of Special Scientific Interest and a Scheduled Ancient Monument. The site contained 20 Listed Buildings, many of which were Grade II with one being Grade I. The site was located to the north west of Waltham Abbey and close to the boundary of Broxbourne. To the west of the site, there was 800 metres of undeveloped open land before the urban town of Waltham Cross. The entire site was within the Lee Valley Regional park, as well as the Metropolitan Green Belt, and to the north there were a series of reservoirs, marshland and streams associated with the River Lee.

The Assistant Director informed the Committee that the proposal was a joint application between PGL Travel Limited and the Waltham Abbey Royal Gunpowder Mills Charitable Foundation Limited (WARGM Trust). The current visitor attraction received approximately 20,000 visitors, and 9,000 schoolchildren, per annum. Despite this, it had been claimed that the site could only generate 60% of its running costs, and since 2002 had required an average grant subsidiary of £400,000 per year. The strategy for the Gunpowder Mills was that it should be become self-supporting, but there had always been a need for a separate income to cover the cost of maintaining the rest of the site, particularly the woodland area. There was also a legal obligation to maintain and retain the listed buildings. The application sought permission to use parts of the site as an outdoor recreation and activity centre for children, together with the erection of new buildings to provide guest accommodation, dining hall and kitchen, pavilion (changing rooms), and the conversion of several listed buildings to provide further guest accommodation and classrooms, together with a new lake for water based activities and the erection of free-standing activity structures.

The Assistant Director reported that Planning Officers had concluded the scheme was well designed, would bring employment and tourism benefits to Waltham Abbey, and would secure the long term maintenance of this important, historic site. It was felt that this could be achieved without significant harm to the openness of the Metropolitan Green Belt, or harm to the character and amenity of the area. Whilst there were concerns over contamination, drainage, sewerage and traffic issues, these were all matters which could be controlled by planning conditions. The proposal accorded with the National Planning Policy Framework, satisfied the presumption in favour of sustainable development, and complied with the adopted policies of the Local Plan. Therefore, the application was recommended for approval.

The Committee noted the summary of representations received in  ...  view the full minutes text for item 67.

(Director of Governance) To consider the attached report for Listed Building consent for the conversion and alteration and extension of several listed buildings to provide guest accommodation and classrooms, as part  of the redevelopment of the site as a residential centre for outdoor recreation and activity.

Following the referral of the previous planning application at the Royal Gunpowder Mills to the Council for a final decision, it was proposed that the Listed Building planning application for the same site also be deferred to the same Council meeting for a decision.

Resolved:

(1)        That planning application EPF/0018/16 at the Royal Gunpowder Mill in Powdermill Lane, Waltham Abbey be deferred to the same Council meeting for a decision as planning application EPF/3028/15 for the same site.

(Director of Governance) To consider the attached report for the erection of a new School (DEV-024-2015/16).

The Assistant Director of Governance (Development Management) presented a report for the erection of a new school on land to the south-east of Fyfield Road, Ongar and north of Ongar Leisure Centre. The application was before the Committee as it was considered a “large scale major application” as defined within the guidance issued by the Department of Communities & Local Government.

The Assistant Director stated that the majority of the site consisted of playing fields that lied to the north and east of Ongar Leisure Centre, as well as a car park used as an overspill for the Leisure Centre and Medical Centre. The site was within the Metropolitan Green Belt and adjoined the north east boundary of Ongar. The school buildings would be mainly three storeys, with some one and two storey buildings, and would be erected on the smaller, existing playing field, to the north of the Leisure Centre. A Sports Hall was proposed close to the visitor entrance. The existing playing fields to the east and south would be retained in open use but adapted in part to provide a floodlit all weather sports pitch. A new vehicular access would be provided from Fyfield Road into what was currently the overspill car park. A total of 26 parking spaces would be reserved for the Medical Centre, a drop-off and visitor parking area would be provided, as well as a 54 space car park for staff.

Planning Officers had concluded that the proposal would provide a much needed secondary school for the Ongar area, and also improve the range of leisure and sports facilities available to local people. Although the site was in the Green Belt, it was adjacent to the urban area of Ongar, and important agricultural land would not be lost. Therefore, it was felt that very special circumstances did exist and that planning permission should be granted.

The Committee noted the summary of representations that had been received in respect of this application. There had been five letters of objection received from neighbouring properties, along with 65 letters of support. In addition, the Town Council, Highways Agency, Sustainable Drainage Team, Trees and Landscape Team, CountyCare and Land Drainage Section had no objections. The Historic Environment Officer had recommended archaeological work on the site, and the Land Contamination Officer had recommended the imposition of the standard land contamination conditions. Sport England had objected to the application, as it involved the loss of existing playing fields; however, the Assistant Director tabled seven additional conditions for the proposal to deal with the objections raised by Sport England. The Committee heard from an Objector and the Applicant’s Agent before proceeding to debate the application.

In response to questions from the Committee, the Assistant Director stated that a considerable amount of the existing hedge would be removed to provide the necessary sight lines outlined in condition 4. A mini roundabout at the entrance to the proposed new School had not been considered as this would push the road closer  ...  view the full minutes text for item 69.

(Director of Governance) To consider the attached report for the formation of an street parking area in the front garden with perimeter retaining walls, additional landscaping, and the provision of a 3 metres wide opening on to York Hill (DEV-025 -2015/16).

The Assistant Director of Governance (Development Management) presented a report for the formation of a street parking area in the front garden of 58 York Hill in Loughton with perimeter retaining walls, additional landscaping and the provision of a 3 metre wide opening on to York Hill.

The Assistant Director informed the Committee that the application was before the Committee as it had been submitted by a serving District Councillor.

The Assistant Director reported that the application site was a two storey semi-detached house, situated in a raised position on the north side of York Hill. The importance of hedgerows within the York Hill Conservation Area Character Appraisal and Management Plan was highlighted, along with the fact that Permitted Development Rights had been previously removed for the site. The possibility of placing a mirror on the opposite side of the road had been considered, but this was not recommended by the Highways Agency and was not encouraged by the Department of Transport either. The large number of objections received for this application was also emphasised. As a consequence, Planning Officers had concluded that permission should be refused, and that a compromise proposal could not be suggested as a ‘way forward’.

The Committee acknowledged that parking was a problem in this area and understood the reason for the application, but the site was not conducive and the proposed development was not a solution. It was noted that the sightlines were dangerous and the highways concerns were a real issue. Members also noted the large number of objections that had been received for this application. It was agreed that there were fundamental issues to warrant a refusal and that there was limited flexibility for a way forward.

Decision:

(1)        That planning application EPF/0241/16 at 58 York Hill in Loughton be refused permission for the following reasons:

1.         The formation of a hard surfaced drive way with retaining walls, and             the associated removal of a section of hedgerow and embankment,          would be an unsightly development that would detract from the           character and appearance of this Conservation Area to which hedgerows make a significant contribution. In addition, if approved, it       would be difficult to resist other similar proposals in the locality, which    would further erode the special character of this part of the   conservation area. The proposal is therefore contrary to policies HC6     and LL10 of the adopted Local Plan and Alterations, and contrary to     the National Planning Policy Framework.

2.         The visibility sightlines for drivers exiting the proposed drive way parking would be inadequate, and the proposal would therefore cause a safety hazard to other road users. The proposal is therefore contrary to policy ST4 of the adopted Local Plan and Alterations, and contrary to the National Planning Policy Framework.

(Director of Governance) To consider the attached report for the erection of a detached single storey outbuilding to the west side of the house, close to the side shared boundary with 40 Church Hill(DEV-026-2015/16).

The Assistant Director of Governance (Development Management) presented a report for the erection of a detached single storey outbuilding to the west side of the house, close to the side shared boundary with 40 Church Hill, at Briar House, 42 Church Lane in Loughton.

The Assistant Director informed the Committee that the application was before the Committee as the Applicant was a serving District Councillor.

The Assistant Director stated that the application site contained a large two storey house with integral garage and rear outbuildings, and was an extensive, well landscaped plot with established roadside hedges. There was a row of protected trees along the south-eastern boundary of the site. It was intended to use the new outbuilding as a garage and the external materials of the proposed outbuilding would be predominantly glassed with a front bi-folder door.

The Assistant Director reported that Planning Officers had concluded the proposed detached outbuilding was acceptable in design terms as it would be appropriate to its setting, and therefore complied with the relevant policies of the adopted Local Plan and the National Planning Policy Framework. Consequently, the application had been recommended for approval.

The Assistant Director added that the protected trees were set far enough back to not be affected by the proposed new building.

Decision:

(1)        That planning application EPF/3142/15 at Briar House. 42 Church Lane in Loughton be granted permission, subject to the following condition:

1.               The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

(Director of Governance) To consider the attached report to permit occupation of part of the enabling development in advance of completion of the school (DEV-027-2015/16).

The Assistant Director of Governance (Development Management) presented a report on a variation to a Section 106 Agreement at the former Tottenham Hotspur Training Ground in Luxborough Lane, Chigwell, to permit occupation of part of the enabling development prior to the completion of the school.

The Assistant Director reminded the Committee that it had approved the redevelopment of the former training ground in March 2015 to provide an Autistic Spectrum Disorder (ASD) School for up to 128 pupils aged 4 – 19, and 60 dwellings on land to the west of the site to act as an enabling development. The Section 106 Agreement for the site prohibited the occupation of any of the houses until the school was completed. However, the Developer had advised the Council that this obligation was having a detrimental effect on the cash flow for the scheme, and had requested that the Agreement be varied to allow phased occupation of the housing. It was proposed to vary the agreement to restrict occupation of 40 houses until specific phases of the school construction had been completed and prevent occupation of the final 20 houses until the school was completed.

The Committee heard from the Applicant before proceeding to debate the application.

The Committee was reminded that it had also been agreed to raise the bridleway parapets over the M11 motorway, which had not yet been progressed; the development was preventing horse riders from using this route. The Committee was advised by Cllr Knapman that Essex Highways were not against this proposal and was confident that it would happen.

Decision:

(1)        That the Section 106 Agreement at the former Tottenham Hotspur Training Ground at Luxborough Lane in Chigwell relating to planning permissions EPF/0853/14 and EPF1326/15 be varied to permit occupation of:

1.         Up to 20 houses of the enabling development following: Completion of phases 1 and 2 to the point that they are watertight and the construction of phases 3 and 4 to ground floor slab level.

            2.         Up to 40 houses of the enabling development following: Completion                        of either phases 1 and 2 to the point that they are ready for occupation              for the purposes of a school and the completion of phases 3 and 4 to                   the point that they are watertight.

            3.         The entire enabling development of 60 houses after all four phases             are ready for occupation for the purposes of a school.

The Committee noted that there was no other urgent business for consideration at the meeting.

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 which necessitated the exclusion of the public and press.