Agenda and minutes

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

“I would like to remind everyone present that this virtual 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 Chairman reminded everyone present that this virtual meeting would be broadcast live to the internet and would be capable of repeated viewing, which could infringe their human and data protection rights.

As Cllr B Rolfe had given his apologies for the meeting, the Chairman requested a nomination to the role of Vice-Chairman for the duration of the meeting.

          RESOLVED:

(1)        That Cllr R Bassett be elected Vice-Chairman of the Committee for the duration of the meeting.

(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 for 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.

To report the appointment of any substitute members for the meeting.

The Committee was advised that the following substitute members had been appointed for the meeting:

(i)         Councillor R Bassett for Councillor J Lea.

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 H Kane declared a personal interest in item 10 (Planning Application EPF/0983/20 – Units 10, 10A, 50, 51, 52 & 60, Cartersfield Road, Waltham Abbey) of the agenda for the meeting, by virtue of being the ward Member. The Councillor had determined that her interest was not pecuniary and would remain in the meeting for the consideration of the application and voting thereon.

(b)        Cllr S Heap declared a personal interest in item 11 (Planning Application EPF/1287/20 – Briar House, 42 Church Lane, Loughton) of the agenda for the meeting, by virtue of being acquainted with the Applicant. 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.

(c)        Cllr H Kauffman declared a personal interest in item 11 (Planning Application EPF/1287/20 – Briar House, 42 Church Lane, Loughton) of the agenda for the meeting, by virtue of being the Applicant. The Councillor had determined that his interest was pecuniary and would leave the meeting for the consideration of the application and voting thereon.

(d)        Cllr C C Pond declared a personal interest in item 11 (Planning Application EPF/1287/20 – Briar House, 42 Church Lane, Loughton) of the agenda for the meeting, by virtue of being acquainted with the Applicant. 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.

To confirm the minutes of the meeting of the Committee held on 6 July 2020 and 22 July 2020.

RESOLVED:

(1)          That the minutes of the meeting of the Committee held on 6 July 2020 be taken as read and signed by the Chairman as a correct record; and

(2)          That the minutes of the meeting of the Committee held on 22 July 2020 be taken as read and signed by the Chairman as a correct record.

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 Service Manager for Development Management reminded the Committee that a briefing note had been prepared to ensure that 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 for the demolition of a commercial building and replacement with a single dwelling.

The Service Manager for Development Management – A Marx – presented a report for the demolition of a commercial building and replacement with a single dwelling at Aver House in Nursery Road, Nazeing. This application had previously been considered at Area Planning Sub-Committee West with a recommendation to refuse, but the Sub-Committee had voted to grant the application as being acceptable within a Green Belt location. However, as this had contravened the Council’s agreed planning policy, this application was referred to this Committee for a final decision.

A Marx stated that the application site was approximately rectangular in shape with a single storey commercial building, and fronted onto Nursery Road. Adjacent to the site was a development constructing four detached properties. The site itself was within the Metropolitan Green Belt and flood zone 2. The application sought permission to demolish the existing storage building and replace it with a two-storey property of exactly the same design as the properties being developed on the neighbouring plot. A similar planning application on this site had been refused as inappropriate development within the Green Belt and for its potential impact on the Epping Forest Special Area for Conservation, and the original Officer recommendation for this application had been to refuse it for similar reasons.

The Committee noted the summary of representations received for this planning application, whereby the Parish Council had no objection and no responses had been received from neighbouring properties. The Committee heard from the Applicant before proceeding to debate the application.

Cllr R Bassett informed the Committee that he had originally called this application to Committee for a decision. The Councillor stated that the site was effectively entirely hard standing as the foundations from the buildings previously demolished from the site were still in situ. There had been no objections from neighbours, the Parish Council or the Lee Valley Regional Park Authority, and the proposal if granted would improve the appearance of the site. Cllr S Heap agreed that there was a natural barrier which would prevent further development on the site if approved and he would support the application.

However, Cllr C C Pond agreed with the original Officer recommendation to refuse permission and would vote against the proposal. Cllr J Philip acknowledged the views of Cllr R Bassett but felt that – from a planning point of view – it was irrelevant that there used to be further buildings on the site as land within the Metropolitan Green Belt should be protected. Cllr J M Whitehouse agreed that the size of the proposed development would impact the openness of the Green Belt.

A motion to grant planning permission for the application as recommended by Area Planning Sub-Committee West was proposed and seconded, but this was lost when put to the vote. A motion to refuse planning permission as per the original recommendation by Planning Officers was proposed and seconded. A Marx suggested the potential impact of the development on the Epping Forest Special Area for Conservation should be  ...  view the full minutes text for item 27.

(Development Management Service Manager) To consider the attached report for the development of 1 two storey, four bedroom detached residential dwelling house together with double garage, utilising the existing access from Oak Tree Close.

The Senior Planning Officer – S Dhadwar – presented a report for the development of a two-storey, four-bedroomed detached dwelling on land at Bentons Farm in Middle Street, Nazeing. This application had originally been considered by the Area Planning Sub-Committee West with an Officer recommendation to refuse permission with three reasons concerning inappropriate development in the Metropolitan Green Belt, the introduction of an inappropriate pattern of development, and the potential impact of the proposal on the Epping Forest Special Area for Conservation (SAC). The Sub-Committee voted to grant planning permission, but as this was a significant departure from the Council’s agreed planning policy, the application was before this Committee for a final decision.

S Dhadwar informed the Committee that the site – situated on the north side of Middle Street within Nazeing – was approximately rectangular in shape and was covered in vegetation. To the north of the site were open fields, to the east commercial buildings, and to the south was a telephone exchange and workshop. The site was located within the Metropolitan Green Belt as well as the South Roydon Conservation Area. It was proposed to construct a double garage alongside the dwelling and the existing access at Oak Tree Close was proposed to be used. An appeal to develop four dwellings on this site had been dismissed by the Planning Inspector in 2019 on the grounds of inappropriate development in the Green Belt and an adverse impact on the character and appearance of the Conservation Area.

Originally, Planning Officers had concluded that the proposal constituted inappropriate development in the Green Belt, could not be considered as limited in-filling, and there were no very special circumstances to outweigh the harm from this development. It would also cause undue harm to the character and appearance of the Conservation Area, and insufficient information had been provided to demonstrate that the development would not have an adverse impact on the Epping Forest SAC. However, the Sub-Committee had voted against the recommendation and a motion to grant planning permission had been carried subject to the imposition of standard planning conditions for such a development as well as a condition for a landscaping scheme to be approved prior to the implementation of the permission.

The Committee noted the summary of representations received for this application, including no objections from one neighbouring property, support from another neighbouring property and support from the Parish Council. The Committee heard from the Parish Council and the local Ward Member before proceeding to debate the application.

The Committee acknowledged the points made by the local Ward Member, namely that the proposal had local support, should be considered as limited in-filling and the site was well shielded by trees. However, the application had to be determined on the basis of planning policy and the locations did not constitute limited in-filling within the setting of the village. Cllr D Dorrell felt that the reduction in the number of proposed dwellings did not satisfy the verdict of the Planning Inspector at  ...  view the full minutes text for item 28.

(Development Management Service Manager) To consider the attached report to demolish all existing units on site and redevelop with four new commercial warehouse units.

The Senior Planning Officer – S Dhadwar – introduced a report seeking permission to demolish all of the existing units on the site and build four new commercial warehouse units. This application was before the Committee as it was considered a ‘major’ application as defined in Article 10 of the Constitution, and the District Council was an owner of the site.

S Dhadwar informed the Committee that the site consisted of two areas located south of Brooker Road in Waltham Abbey, and contained a number of steel framed low-rise workshops and store buildings. The application proposed to demolish all of the units currently on the site and replace them with four new commercial warehouses – three of which would have a height of 10.8m and the fourth would have a height of 10.2m. These warehouses would be for general industrial use as well as warehousing, distribution and repositories. A total of 57 parking spaces would also be provided as part of the development.

S Dhadwar stated that Planning Officers had concluded the proposal would protect and enhance the use of the site to meet the employment needs of the District, as well as remediate and improve the site to make it safe for all users. Its appearance would be reflective of the area in which it was situated and there would be no excessive adverse harm to neighbouring residential amenity or highway safety. The proposal complied with national and local planning policy, and was therefore recommended for approval subject to conditions.

The Committee noted the summary of representations received in respect of this application, including no objection from the Town Council, and eight letters of objection from the tenants of the current units on the site who felt that the Council should have informed them of this application. There were no public speakers registered for this application so the Committee proceeded to debate the application.

As the ward Councillor, Cllr H Kane enquired whether the current tenants were notified of this meeting so that they were able to participate. S Dhadwar stated that all of the objectors to the application had been notified of the meeting, but objectors who had not made a representation could not be notified. The Council had met its obligations from a planning point of view. Cllr S Heap added that if the tenants had not been aware of this planning application then he wanted assurances that the current tenants would not be treated unfairly. The Service Manager for Development Management – A Marx – reminded the Committee that tenancy issues were not a material planning consideration and it was the responsibility of the Applicant to inform the existing tenants. Cllr s Heap responded that the tenants should have been informed as a matter of course and it would be a regressive step if the tenants ended up with new terms which were unfavourable.

Cllr J Philip reminded the Committee that planning permissions had a duration of a number of years before they expired, which would  ...  view the full minutes text for item 29.

(Development Management Service Manager) To consider the attached report for a proposed three bay oak framed car port.

The Service Manager for Development Management – A Marx – presented a report for the construction of a three bay oak framed car port at Briar House, 42 Church Lane in Loughton. The application was before the Committee as it had been submitted by a serving District Councillor.

A Marx informed the Committee that the site contained a large two-storey detached house with an integral garage and rear outbuildings. The proposed car port would measure 9.1m in length and 5.6m in width, and the half-hipped roof would have a height of 4.9m. It would be constructed with an oak frame and brick infill, and timber garage doors; the roof would be constructed of clay  tiles. It would be set 5.5m forward of the main dwelling house and the proposal also sought to extend the current driveway eastwards by 1.7m to allow for a 6m manoeuvring space. The site was not in a conservation area, and nor was it listed either. It was proposed that an extra condition should be added for the Applicant to provide a plan for preserving the protected trees on site during construction.

After having considered the impact of the proposal on the character and appearance of the locality, and the living conditions of neighbouring properties, Planning Officers had concluded that the planning application should be recommended for approval.

The Committee noted the summary of representations received in respect of this planning application, which included no objection received from Loughton Town Council, and one letter of objection from a neighbouring property, before proceeding to debate the application.

The Committee supported the suggested extra condition to preserve the protected trees on site during the construction of the car port, but did not feel the need to add  a further condition to install solar panels on the roof as well as electric car charging ports.

            Decision:

(1)        That permission for planning application EPF/1287/20 at Briar House, 42 Church Lane in Loughton be granted, subject to the following conditions:

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

            2...The development hereby permitted will be completed and retained             strictly in accordance with the approved drawings numbers: A1.1, B1.1.

            3…No development, including works of demolition or site clearance,             shall take place until a Tree Protection Plan, Arboricultural Method             Statement and site monitoring schedule in accordance with             BS:5837:2012 (Trees in relation to design, demolition and construction             – Recommendations) has been submitted to the Local Planning             Authority and approved in writing. The development shall be carried out             only in accordance with the approved documents unless the Local             Planning Authority givers its written consent to any variation.

(Development Management Service Manager) To consider the attached report for a single storey rear extension and terrace.

The Service Manager for Development Management – A Marx – presented a report for a single storey rear extension and terrace at 23 Tomswood Road in Chigwell.

A Marx informed the Committee that the site consisted of a detached dwelling, within the urban area of Chigwell. The building was not listed and the site did not lie within a conservation area, although there were preserved trees to the rear of the site. The application was before the Committee as it had been submitted by a serving District Councillor. The application sought permission to add a single storey rear extension and terrace to the existing building.

A Marx stated that the principal planning issues for consideration had been the impact of the proposal on the character and appearance of the locality, the living conditions of the neighbours, and the preserved trees on the site. Planning Officers, having considered these matters, concluded that the application should be recommended for approval.

The Committee noted the summary of representations received in relation to this application, which included no objection from Chigwell Parish Council, one letter of support and one letter of objection from neighbouring properties. The Committee heard from the Applicant’s Agent before proceeding to consider the application.

            Decision:

(1)        That permission for planning application EPF/1550/20 at 23 Tomswood Road in Chigwell be granted, subject to the following conditions:

            1…The development hereby permitted must be begun no later than the             expiration of three years beginning with the date of this notice.

            2…The development hereby permitted will be completed and retained             strictly in accordance with the approved drawings numbers: 001, 100             Rev A, 101 Rev A, 102 Rev A, 110 Rev A, 111 Rev A, 200 Rev A, 201,             202, 210 and 211.

            3…No storage of building materials, mixing of cement or any other             activity related to this proposal shall be undertaken within 15 metres of             the stems of the three oak trees within the rear garden unless agreed             otherwise with the Local Planning Authority.

            4…Materials to be used for the external finishes of the proposed             development shall match those of the existing building, unless             otherwise agreed in writing by the Local Planning Authority.

(Development Management Service Manager) To consider the attached report for the release of planning permission previously agreed by Committee, following recommendations to GRANT permission subject to conditions and contributions or mitigation measures relating to air quality within the Epping Forest Special Area of Conservation.

The Service Manager for Development Management – A Marx – presented a report for the release of planning permission previously agreed to develop the garages to the rear of 13 – 43 Charles Street in Epping, following the receipt of mitigation measures relating to air quality within the Epping Forest Special Area of Conservation (SAC).

A Marx reminded the Committee that this application had requested permission to demolish the existing garage buildings and construct nine two-bedroomed mews houses with associated landscaping, parking, bicycle and refuse stores. This application was granted in June 2019 by Area Planning Sub-Committee East subject to planning conditions and the requirement to enter into a legal agreement to secure a financial contribution or other mitigation measures relating to the air quality within the SAC. Further traffic assessments had been submitted for this particular application which had concluded that the new use by the application would result in a reduction in the number of vehicle movements compared to the current use of the site, and therefore would have no likely significant effect on the Epping Forest SAC. Thus, the Committee was requested to release the planning permission but remove the previous requirement to enter into a legal agreement relating to mitigation measures for the air quality within the SAC.

Cllr J M Whitehouse felt that the Council had to be cautious over data presented regarding traffic movements as one survey had different figures to another, and the Council should not rely on surveys which were subject to a wide margin of error. In addition, the more serious concern was the possible accumulative effect on the SAC from multiple planning applications being granted permission. A Marx reassured the Councillor that the possible accumulative effect mentioned was taken in account by Officers, and acknowledged the point concerning the accuracy of the data used for such surveys but this was an accepted methodology that was used for all planning applications. Cllr J M Whitehouse countered that the Council needed to be aware that methodologies had flaws.

Cllr C C Pond agreed with the views expressed and also enquired how far the site was from the SAC. A Marx stated that the distance from the SAC of the site was not relevant to the assessment as the model assumed that a percentage of vehicles from all across the District would travel through the Forest. Cllr J Philip added that the model also took account of the potential full utilisation of the site and not just the proposed use, as the Council had to satisfy the scientific approach adopted by Natural England. The Councillor felt that the assessment had demonstrated that no additional trips through the Forest would be generated to the satisfaction of Natural England, and would support the proposal to release the planning permission.

Cllr S Heap observed that the impact on the SAC would not just be generated by traffic movements through the Forest, but also from stationery traffic at various junctions throughout the District. Cllr J Philip reminded  ...  view the full minutes text for item 32.

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

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

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.