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Committee Agenda Epping Forest Area Plans Sub-Committee 'B' District Council 10 December 2003

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Committee Agenda Epping Forest Area Plans Sub-Committee 'B' District Council 10 December 2003 committee agenda Epping Forest Area Plans Sub-Committee 'B' District Council 10 December 2003 Place: Civic Offices, High Street, Epping Room : Council Chamber Time: 7.30 p.m. Democratic Services : Z Folley (Direct Line: (01992) 564532) Officer (Email: zfolley@eppingforestdc .gov.uk) Members: Councillors Mrs A Grigg (Chairman), A Green (Vice-Chairman), M Colling, R Glozier, S Metcalfe, R Newland, Mrs M Richardson, D Stallan, C Whitbread, Mrs J H Whitehouse, J M Whitehouse. A BRIEFING FOR THE CHAIRMAN, VICE-CHAIRMAN AND APPOINTED SPOKESPERSONS WILL BE HELD AT 6.30 P.M. IN COMMITTEE ROOM 1 ON THE DAY OF THE SUB-COMMITTEE . 1 . MINUTES To confirm the minutes of the meeting of the Sub-Committee held on 12 November 2003 (attached - Appendix 1). 2. APOLOGIES FOR ABSENCE 3. DECLARATIONS OF INTEREST 3.1 (Chief Executive) To declare interests in any item on the agenda. 4. ANY OTHER BUSINESS 4:1 Section 100B(4)(b) of the Local Government Act 1972, together with Standing Orders A50(1) and A53 require 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. 4.2 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. 5. PROBITY IN PLANNING -APPEAL DECISIONS APRIL TO SEPTEMBER 2003 Recommendation: That the Committee notes the outcomes of the appeals. Area Plans Sub-Committee B' 10 December 2003 Background 5.1 (Head of Planning Services) In compliance with the recommendation of the District Auditor of November 2000, this report advises the decision-making committee of the results of all successful appeals, particularly those refused by committee contrary to officer recommendation. The purpose is to inform the committee of the consequences of their decisions in this respect and, in cases where the refusal is found to be unsupportable on planning grounds, an award of costs may be made against the Council. 5.2 To set the context, a Best Value Performance Indicator was for district councils to aim to have less than 40% of their decisions overturned on appeal with the national average of about 33%. In fact in recent years, the Council has been more successful with only 31% overturned in 1999/00, 25% in 2000/01, 24% in 2001/02 and 27% in 2002/03 . Performance 5.3 Over the six-month period between April and September 2003, the Council received 83 decisions on appeals - 77 planning appeals and six enforcement appeals. Of the 77 planning appeals only six were allowed (8%) and of the six enforcement appeals two were allowed (33%) - a combined total of only 10% of the Council's decisions overturned . Planning Appeals 5.4 Of those six planning appeals allowed, three were allowed following decisions by committee contrary to officer's recommendation. Those three were : EPF/1511/02 - Use of office building as a dwelling at Old House Farm, Old House Lane, Nazeing. (Area Committee 'D' 18 December 2002 - although the Committee agreed with the officer recommendation to grant, the committee imposed a requirement for a condition restricting occupation which the applicants refused to accept and an appeal on grounds of non-determination was fought on this point alone.) EPF/1535/02 - First floor side extension at 73A Roebuck Lane, Buckhurst Hill (Area Committee 'A' - 8 January 2003) EPF/1756/02 - New dwelling at 2 Church Close, Loughton (Area Committee W- 8 January 2003) 5.5 To complete the picture, officers were successful in sustaining committee decisions to refuse, when officers had recommended granting permission to the committee in four cases - Nos 37, 42, 52 and 56 on the attached list. Costs 5.6 One partial award of costs was made against the Council during this period. This related to the appeal regarding the erection of an office building at land rear of Area Plans Sub-Committee B' 10 December 2003 Diggens Court and Vanryne House, High Road, Loughton. Although the Council were successful in defending the committee's decision to refuse permission because of the scale and impact of the building on residential properties to the rear, the Inspector considered that the second reason for refusal relating to the lack of car parking in the area and congestion at the access was unreasonable . Government policy is to discourage the use of the private car and encourage the use of public transport and since this site is in the town centre, well served by public transport, it was unreasonable to require more car parking space to be required. The element of the cost of the appeal relating to car parking evidence and arguments was awarded against the Council and this has been settled at around £5,500. Conclusions 5.7 The Council's performance at appeal has been outstanding, exceeding the BVPI and the national average. The awards of costs was disappointing, but indicates that lack of parking accommodation for individual developments in town centres will not be regarded as a reasonable basis for refusing appeals. 5.8 The decisions are listed in the Members' Bulletin from time to time but a full list of decisions over this six-month period appears in Appendix 2. 6. DEVELOPMENT CONTROL 6.1 (Head of Planning Services) To consider planning applications as set out in the attached schedule (Appendix 3) . Background Papers: (i) Applications for determination - applications listed on the schedule, letters of representation received regarding the applications which are summarised on the schedule. (ii) Enforcement of Planning Control - the reports of officers inspecting the properties listed on the schedule in respect of which consideration is to be given to the enforcement of planning control. 7. DELEGATED DECISIONS -INFORMATION ITEM 7.1 (Chief Executive) Schedules of planning applications determined by the Head of Planning Services under delegated powers since the last meeting of a Plans Sub-Committee may be inspected in the Members' Room or at Planning Services. 8. EXCLUSION OF PUBLIC AND PRESS 8.1 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 paragraph(s) of Part 1 of Schedule 12A of the Act indicated: - Agenda Exempt Information Item No. Subiect Paranraah Number Nil Nil Area Plans Sub-Committee B' 10 December 2003 8.2 To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972: Item No. Subiect Nil Nil Background papers for an item or report are those documents relating to the subject matter of the report which disclose any facts or matters on which (in the proper officer's decision) the report or an important part of the report is based and have, in his opinion, been relied upon to a material extent in preparing the report. These are listed at the conclusion of each relevant agenda item and do not include any published work. Inspection of background papers may be arranged by contacting the officer responsible for the item . APPENDIX 1 EPPING FOREST DISTRICT COUNCIL COMMITTEE MINUTES Committee: Area Plans Sub-Committee 'B' Date : 12 November 2003 Place: Council Chamber, Civic Offices, Time: 7 .30 - 8.52 p.m . High Street, Epping Members Councillors Mrs A Grigg (Chairman), M Colling, R Glozier, R Newland, Present: Mrs M Richardson, D Stallan, Mrs J H Whitehouse Other Councillors: Apologies: Councillors A Green (Vice-Chairman), S Metcalf, C Whitbread, J M Whitehouse Officers N Richardson (Planning Services), S G Hill, Z Folley (Policy Unit) Present: 42. WELCOME AND INTRODUCTION The Chairman welcomed members of the public to the meeting and outlined the procedures and arrangements agreed by the Council to enable persons to address the Sub-Committee in relation to the determination of applications for planning permission. 43. MINUTES RESOLVED: That the minutes of the meeting held on 15 October 2003 be taken as read and signed by the Chairman as a correct record. 44. VICE-CHAIRMAN In the absence of the Vice-Chairman, the Sub-Committee was invited to appoint a member to fulfil that role at the meeting . RESOLVED : That Councillor M Colling be appointed Vice-Chairman for the meeting. 45. MRS J H WHITEHOUSE -APOLOGIES FOR ABSENCE The Sub Committee noted that Councillor Mrs J H Whitehouse had offered her apologies for absence for the last meeting of the Sub Committee. 46. DECLARATIONS OF INTEREST There were no declarations of interest made by members pursuant to the Code of Members Conduct. 47. ANY OTHER BUSINESS There were no matters of business for consideration at the meeting. Area Plans Sub-Committee 'B' 12 November 2003 48 . DEVELOPMENT CONTROL The Sub-Committee considered a schedule of planning applications. RESOLVED: That the applications number 1-7 be determined as set out in Appendix 1 to these minutes. 49. DELEGATED DECISIONS The Sub-Committee noted that schedules of planning applications determined by the Head of Planning Services under delegated powers since the last meeting of an Area Sub-Committee could be inspected in the members' Room or at Planning Services. CHAIRMAN AREA PLANS SUB-COMMITTEE 'B' 12 NOVEMBER 2003 1 . APPLICATION NO. EPF/744/03 PARISH : EPPING SITE ADDRESS: Builders Yard - R/o 40-42 Coopersale Common, Coopersale, Epping DESCRIPTION OF PROPOSAL : Erection of new dwelling on existing builders yard.
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