Agenda and minutes

(Corporate Communications Manager) This meeting is to be webcast. On behalf of the Chairman, the Democratic & Electoral Services Officer will read the following announcement:

“Please note that this meeting may be filmed for live or subsequent broadcast via the Council's internet site - at the start of the meeting the Chairman will confirm if all or part of the meeting is being filmed.

You should be aware that the Council is a Data Controller under the Data Protection Act. Data collected during this webcast will be retained in accordance with the Council’s published policy.

Therefore by participating in this virtual meeting, you are consenting to being filmed and to the possible use of those images and sound recordings for webcasting and/or training purposes. If members of the public do not wish to have their image captured they should ensure that their video setting throughout the virtual meeting is turned off and set to audio only.

In the event that technical difficulties interrupt the virtual meeting that cannot be overcome, the Chairman may need to adjourn the meeting.

If you have any queries regarding this, please contact the Corporate Communications Manager on 01992 564039.”

On behalf of the Chairman, the Democratic & Electoral Services Manager reminded everyone present that the meeting would be broadcast live to the internet and would be capable of repeated viewing, which could infringe their human and data protection rights.

(Democratic & Electoral Services Manager) General advice for those persons attending the meeting of the Committee is attached as an Appendix to this agenda.

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 meetings of the Council’s planning committees.

(Democratic & Electoral Services Manager) To report the appointment of any substitute members for the meeting.

The Committee was advised that no substitute members had been appointed for the meeting.

(Monitoring Officer) To declare interests in any item on the agenda.

The following interests were declared by members of the Committee pursuant to the Council’s Code of Member Conduct:

(a)        Cllr J Philip declared a personal interest in item 8 (EPF/0542/20 – Rear of 165 High Road, Loughton) of the agenda for the meeting, by virtue of having been contacted by members of the public in connection with this planning application. The Councillor had expressed no opinion in these discussions, had determined that his interest was not pecuniary and indicated that he would remain in the meeting for the consideration of the application and voting thereon.

(b)        Cllr C C Pond declared a personal interest in item 8 (EPF/0542/20 – Rear of 165 High Road, Loughton) of the agenda for the meeting, by virtue of having been slightly acquainted with some of the residents who had made representations. The Councillor had determined that his interest was not pecuniary and indicated that he would remain in the meeting for the consideration of the application and voting thereon.

(Democratic & Electoral Services Manager) To confirm the minutes of the meeting of the Committee held on 6 July 2020 (to follow).

The Democratic & Electoral Services Manager apologised to the Committee as due to the short turnaround between the last meeting and this, the minutes of the previous meeting were not yet ready for the Committee to agree. The Committee was reassured that the minutes for this meeting would be ready for agreement at the Committee’s next meeting in September.

(Development Management Service Manager) 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

The Development Management Service Manager reminded the Committee that a briefing note had been prepared to ensure a consistent approach was taken to the provision of planning policy advice, following the publication of the Epping Forest District Local Plan Submission Version on 18 December 2017. Members were advised that the primary purpose of the briefing note was to inform development management activities and to provide assistance for Councillors, Officers, Applicants, Planning Agents and other persons involved in the development management process.

Resolved:

(1)          That the Planning Policy Briefing Note for the Epping Forest District Local Plan Submission Version be noted.

(Development Management Service Manager) To consider the attached report.

The Planning Officer, M Rahman, presented a report for revisions to a rear building on the site, previously approved under planning application EPF/2600/14, to include a penthouse as allowed under appeal as well as internal and external alterations.

M Rahman reported that this application had been considered by Area Planning Sub-Committee South at its meeting on 1 July 2020, with an Officer recommendation to grant permission. The Sub-Committee had granted permission with the addition of an extra condition to erect privacy screens no less than 1.65m high to prevent any harmful overlooking to the properties on Station Road from the Roof Terrace, and a modification to condition 6 to ensure that the windows met the relevant British Standard. This application was before the Committee following a minority reference as a result of a discrepancy in counting the votes at the meeting on 1 July 2020, and was recommended for approval with the new and amended conditions.

M Rahman reminded the Committee that the site was to the rear of 165 High Road, within the built-up area of Loughton. It was not within the Metropolitan Green Belt, nor was it listed. The site had planning permission for a six-storey development of 14 flats, which had been implemented, and the skeletal frame of this development was being erected. The proposal sought to amalgamate the previously approved scheme (EPF/3176/18) and the recent permission for a penthouse allowed under appeal (EPF/3302/18) along with the internal and external alterations. The main issues for consideration in this instance were: the impact on the character and appearance of the locality; and the impact to the living conditions of the neighbouring properties.

M Rahman informed the Committee that Planning Officers had concluded the proposed materials and external finishes were acceptable, and that there would be no further impact on the character and appearance of the locality. In addition, the proposed amendments would have no material impact on the amenities of neighbouring occupiers and would provide an acceptable standard of accommodation for future occupiers of the flats therein. As the application did not increase the number of dwelling units than that previously approved, there would be no additional impact on the Special Area of Conservation within the Epping Forest, in terms of recreational pressure and air quality.

The Committee noted the summary of representations received for this application, including four letters of objection from neighbouring properties, objections from the Loughton Town Council and the Loughton Residents Association Plans Group, and no objection from the Essex Fire & Rescue Service. The Committee heard from the Applicant’s Agent before proceeding to debate the application.

Cllr C C Pond opined that he considered the building to be ugly and intrusive, but it had already been approved by the Planning Inspector. The Councillor welcomed the inclusion of an informative in the decision notice to alert prospective residents of the location of the two flues for 165a and 167 High Road, being in close proximity to the flats, and that they might cause some noise  ...  view the full minutes text for item 16.

(Development Management Service Manager) To consider the attached report.

The Development Management Service Manager, A Marx, presented a report for alterations to an existing side roof dormer window at 83 Bell Common in Epping.

A Marx reported that this application had been considered at Area Plans Sub-Committee East on 8 July 2020, with an Officer recommendation to refuse planning permission. Following a discussion on the history of the site, the impact of the dormer window, and the setting of the surrounding area, the Officer recommendation was upheld. However, four members of the Sub-Committee invoked the minority reference rules within the Constitution to refer the application to this Committee.

A Marx informed the Committee that the site contained a newly built four-bedroom dwelling, and was within both the Bell Common Conservation Area and the Metropolitan Green Belt. The application sought permission to reduce the size of the existing unauthorised side roof dormer window. The key consideration for the determination of this application was the impact of the proposal on the character and appearance of the property and the wider Bell Common Conservation Area.

The Committee noted the history of this site, and that a retrospective application (EPF/2955/17) had been submitted as the side roof dormer window had not been constructed in accordance with the original planning permission (EPF/2829/16). This application had been refused, and an appeal against the enforcement notice had been dismissed by the Planning Inspector as the dormer window was not considered subordinate to the roof slope and protruded significantly.

Planning Officers had concluded that the proposed dormer window – due to its size,  position and appearance – was out of character with the neighbouring properties and was therefore harmful to the character and appearance of the street scene and the Conservation Area. In addition, the revised scheme failed to address the concerns raised by the Planning Inspector when dismissing the appeal against the enforcement notice. Consequently, the application was recommended for refusal.

The Committee noted the summary of representations received in relation to this application, which included no objection from the Town Council and an objection from the Council’s Conservation Officer. The Committee heard from the Applicant’s Agent before proceeding to debate the application.

Cllr J Philip acknowledged that the site had a long planning history, and that the dormer window was very prominent from the road. The Councillor did not feel that the modifications were sufficient as the dormer window was now significantly further forward than in the original plans, and consequently would be supporting the Officer recommendation to refuse permission. Cllr C C Pond cautioned the Committee to guard against granting permission to a succession of minor changes as this would undermine the appearance of the Conservation Area. The Councillor felt that the reasons for refusal offered by Planning Officers were sound and he would support the Officer recommendation.

Cllr J M Whitehouse countered that the dormer window was not particularly noticeable as he often ran down this road, and also found it difficult to identify any harm to the Conservation Area from it. The  ...  view the full minutes text for item 17.

(Democratic & Electoral Services Manager) 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 Committee.

Exclusion

(Democratic & Electoral Services Manager) 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.

Background Papers

(Democratic & Electoral Services Manager) Article 17 (Access to Information) of the Constitution defines 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 and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection one copy of each of the documents on the list of background papers for four years after the date of the meeting. Inspection of background papers can be arranged by contacting either the Responsible Officer or the Democratic Services Officer for the particular item.

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