Council

NOTICE OF MEETING

Committee: Development Date: Tuesday 7 March 2000

Place : Civic Offices, High Street, Time: 7.30 p.m. Epping

Room: Council Chamber Committee Secretary: Mrs I Wright (Ext 4245)

Members: Councillors R Heath (Chairman), L Martin (Vice-Chairman), S Bames, Mrs M Boatman, P Bostock, Mrs J Davis, J Gilliham, Mrs A Haigh, M Heavens, D Kelly, Mrs M McEwen, R Morgan, Mrs D Paddon, J Padfield, P Pennell, J Pledge, H Taylor, M Wardle, M Welch, M Woollard, K Wright

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.

THE CHAIRMAN, VICE-CHAIRMAN AND COMMITTEE GROUP REPRESENTATIVES ARE REMINDED THAT A BRIEFING FOR THIS MEETING WILL BE HELD IN COMMITTEE ROOM 1 AT 6.30 P.M. ON THE DAY OF THE COMMITTEE

BUSINESS

Part A - Planning Applications and Major Items for Debate

5 . Roydon Lodge Chalct Estate, Roydon - (a) Draft Supplementary Planning Guidance (b) Plots 5 and 6 - Planning Application EPF/1158/99 (See also Appendix 1)

6 . Crime and Disorder Reduction Strategy: The Role of Planning

7 . Affordable Housing Target - Supplementary Planning Guidance (See also Appendix 2)

8 . Building Control Policy Statement and Performance Standards (See also Appendix 3)

I Civic Ogices, High Street, Epping, . CM/6 4BZ Development Committee 7 March 2000

Part B - Routine Items for Debate

9. Stansted Airport Surface Access Strategy - Consultation

10. Lee Valley Regional Park Authority Deposit Draft Plan - Part Two Proposals

11 . Local Nature Reserves - Designation and Management (See also Appendix 4)

12. Budget Monitoring Report 1999/00 (See also Appendix 5)

13. Building Control - The Building (Local Authority Charges) Regulations 1998 (See also Appendix 6)

14. Planning Services - Administration Fees and Charges

15. Review of Working Parties

16. Area Plans Sub-Committees

17. Essex and Southend-On-Sea Replacement Structure Plan

18. Major Projects/Proposals - Progress (See also Appendix 7)

19. Progress Reports

20. Representation on Outside Organisations

Part C - Information Items

21 . Information Items

22. Any Other Business

23. Exclusion of Public and Press

Part D - Consideration in Private Session

Nil Development Committee 7 March 2000

PART A - MINUTES, APOLOGIES, PUBLIC QUESTIONS AND MAJOR POLICY ITEMS FOR DEBATE

1 . MINUTES

To confirm the minutes of the meeting held on l 1 January 2000 (previously circulated).

2 . APOLOGIES FOR ABSENCE

3 . DECLARATIONS OF INTEREST

3 .1 (Chief Executive) To declare interests in any item on the agenda.

4. PUBLIC QUESTIONS

4 .1 (Chief Executive) To answer any questions in accordance with Standing Order A51 from members of the public of which notice has been given.

4 .2 Standing Order A51 requires that a maximum of 15 minutes shall be allowed under this item, except if the Chairman exercises his or her discretion to extend the time if a large number of questions need to be dealt with. Development Committee 7 March 2000

MAJOR POLICY ITEMS FOR DEBATE

5. ROYDON LODGE CHALET ESTATE, ROYDON

(a) Draft Supplementary Planning Guidance

Recommendation :

That Members agree the draft Design Criteria set out below for Roydon Lodge Chalet Estate as a basis for consultation and, following amendment, for use as supplementary planning guidance.

Introduction

Background and History

5 .1 The Roydon Lodge Estate was established before the Second World War as a recreational site for the enjoyment of occupiers during summer holidays and weekends. During the War years, certain of the chalets became permanently occupied, various caravans and unauthorised structures were erected and the Local Planning Authority went to considerable lengths to tidy up and improve the site as a whole.

5 .2 In May 1951 Enforcement Notices were served requiring the removal of all unsightly buildings together with a covering letter dated 18 May 1951 . In 1956 a standard design specification was issued specifying a maximum size for the chalets (14 square metres or 150 square feet), where they should be sited (to the rear of each plot), and even specifying the direction in which the roof pitches should be constructed (at right angles to the railway line).

5 .3 The resultant effect has been to create a very attractive holiday chalet area and in the intervening years, most of the chalets have been well maintained and so have their gardens. The removal of all the old caravans and unsightly shacks in the early 1950's and the construction of well-designed new chalets created an estate of unusual visual quality and the Council have strenuously attempted to retain these features in the intervening years.

5 .4 Subsequently, permissions have been granted for replacement chalets of a larger size as standards have changed, and, on occasion replacing two old chalets on two old plots with one unit on a new single plot. This has resulted in some plots being occupied by larger substantial buildings. This is however limited to a handful of plots at the entrance to the estate on the northern side of the lane.

5 .5 More recently the estate is being occupied not for holiday purposes but as permanent accommodation and the Council has taken enforcement action in respect of several of the buildings on this estate. Coupled with this is the fact that more recent applications have been submitted for large permanent structures which in many instances are bungalows or akin to bungalows as opposed to chalets. Development Committee 7 March 2000

5 .6 These two pressures indicate that it is now appropriate to issue new design guidance for the estate. Members will note that there is another item on this agenda for planning permission for Plots 5 & 6 Roydon Chalet Estate seeking a bungalow of 79 square metres. This is an example of the increasing demand for new building on this estate. The new guidance will therefore seek to exercise stricter control over the development on the estate than has hitherto been the case.

Site Surrounds and Location

5.7 The site is located 200m east of Roydon Village, Essex and lies within the Metropolitan Green Belt. It is situated next to the River Stort Navigation and near to Roydon Lock. Roydon is a special historic town (a Conservation Area) and the site lies within a large Special Landscape Area around the River Stort.

5 .8 The main London-Cambridge railway line runs along the northern boundary of the site. The northern boundary has a series of tall mature trees. There is open agricultural land to the south of the site. The site is accessed via a single width unmade track, ending in a cul-de-sac. A public footpath at the western end of the estate, alongside Plot No. 45 crosses the railway and leads to Roydon Lock.

5 .9 The site comprises approximately 45 recreational chalets, mobile homes and caravans ' (privately-owned) on both sides of the track for a distance of 300 metres. The general character within the estate is of a series of well landscaped open gardens, most containing a small "temporary building" or mobile home or caravan . The structures range in size and appearance, from small hutments akin to garden sheds or ' summerhouses to substantial buildings of permanent construction. ',

Policy Guidance

5 .10 Essex Structure Plan Policy S9 states that permission will not be given for new dwellings in the Green Belt except in special circumstances and any new development which is permitted shall be of a scale, design and siting such that the appearance of the countryside is not impaired. The main policies relating to the site are set out in the Adopted Epping Forest District Local Plan (January 1998). These are set out below.

Policy RST10

5 .11 This is the main policy relating to the site and states:

The Council will:

(i) allow the construction of leisure chalets;

(ii) allow the stationing of caravans and mobile homes;

(iii) allow the limited extensions to long-established chalets, in accordance with their leisure function; Development Committee 7 March 2000

(iv) require the design and construction materials of any new or extended chalets, caravans and mobile homes to be in accordance with the character of the estate; and

(v) restrict the use of all chalets, caravans and mobile homes to weekends and holidays during the months of April to October inclusive.

Policy GB2

5.12 Policy GB2 states that planning permission will not be granted for the use of land or the construction of new buildings or the change of use or extension of existing buildings in the Green Belt unless for the purposes of agriculture, outdoor participatory sport and recreation or associated essential small-scale buildings, for uses which preserve the Green Belt and do not conflict with the purposes of including it in the Green Belt; a dwelling for an agricultural workers, replacement of an existing dwelling and in accordance with Policy GB 15 ; and limited extensions.

Policy GB5

5 .13 Policy GB5 states that:

Within the Green Belt, the Council will refuse to grant planning permission for non-permanent dwellings, including mobile homes and caravans, except as replacements within the existing caravan sites shown on the proposals map.

Roydon Lodge is shown on the proposals map and therefore replacements will be allowed.

Policy U2

5.14 The site is located in a flood plain and therefore Policy U2 applies. This requires that development will not lead to increased risk of flooding or that adequate and appropriate flood prevention measures are incorporated.

Policy U3

5.15 This policy states that the Council will not permit development which would result in either:

(i) increased risk of flooding; or

(ii) significant adverse effects upon a watercourse, navigable waterway or sewer,

Unless it is satisfied that adequate and appropriate attenuation measures to minimise the risk of flooding are incorporated as part of the development. This is important because the site lies in the floodplain of the adjacent river Stort. Development Committee 7 March 2000

The Character and Appearance of the Estate

5 .16 National Planning Guidance states that there is a presumption against "inappropriate development" in the Green belt and restricts the size of extensions to properties. Inappropriate development is by definition harmful to the Green Belt . General housing is one of the forms of development which is inappropriate development. Such development should only be approved where there are very special circumstances.

5 .17 Policy RST10 in effect describes the special circumstances which have to be met to allow the erection of new chalets and caravans on this estate which is located in the Green Belt. In particular criterion (v) place strict controls over occupancy, limiting it to the months from April to October and for holiday/recreational purposes only.

5 .18 The other important criterion (iv) requires the design and construction materials of any new or extended chalets, caravans and mobile homes to be in accordance with the character of the estate.

5 .19 The character of the estate is overwhelmingly rural in appearance. Access is along an unmade track and there is no streetlighting, there are very few boundary walls, most properties are bounded by hedges or fences. Trees, bushes and hedges predominate. Many of the gardens are well kept and tended for and there is a predominance of lawns or grass areas, with little in the way of hardsurfacing or other landscaping.

5.20 In relation to the buildings themselves the majority are small chalet buildings or caravans/mobile homes. The earlier buildings follow the original guidance being less than 150 square feet (l4 square metres) and having their gable fronting on to the track. They also tend to be located to the rear of the plot. The exceptions to this are plots 16/17, 40/41 and 44/45, which have more substantial buildings. The character of the estate has been affected by these permissions some of which were granted on appeal:

Plot 16/17 72 square metres approved in 1989 Plot 30 77 square metres approved in 1990 Plot 35 70 square metres approved in 1995 Plot 40/41 80 square metres approved in 1998 Plot 44/45 67 square metres approved in 1997

5 .21 Elsewhere the character is more low key and the buildings are less substantial with the use of materials such as timber, or sheeting and the chalets tend to have 2 or 3 rooms at most. This is in keeping with an estate where the occupation is for holiday purposes for a few days or a week at a time. Until recently few of the chalets had water or electricity and there is no refuse collection. The access track will only permit one vehicle to access it at a time. Overall the feeling and character of the estate is one of informality and rural tranquillity.

5 .22 To comply with the policy RSTI0(iv) the designated construction materials must match the character of the estate. What this entails is set out in the following section (5 .00). Development Committee 7 March 2000

Design Criteria

Scale

5.23 The scale of new buildings or extensions is important in terms of the control of the character of the estate . Attention must be paid to such issues as plot sizes (width of frontage and depth of site); the space between individual buildings, the height of buildings, width of frontages, the distances of buildings from the access track, elevational features, material and roofscape. Buildings should be single storey in height with the gable facing the access track and the ridge running perpendicular to the track. The width of the building facing on to the track should be narrow not exceeding 5 metres in width. The floor area of any buildings should not exceed 40m= maximum.

Siting

5 .24 The pattern of development on this estate is characterised by the buildings, within plots being set well back from the access frontage with the gable fronting the track. All new chalets or additions should follow this pattern. New buildings should be set back a minimum of 30 metres from the front boundary unless there is insufficient depth of plot in which case the set back should be a maximum possible allowing for site characteristics.

Details and Materials

5 .25 The Council will expect the use of sensitive detailing appropriate to the character of the estate. Designs should be of a chalet style. Design features such as verandah, low pitched roofs, deep bargeboards and narrow door and window openings with a vertical emphasis should be incorporated in the design .

5 .26 The use of traditional chalet materials should be adopted such as timber frame construction and timber cladding, windows should be timber and where possible roofs should be covered in timber shingles or sheeting. Brickwork or blockwork is not an appropriate finish for what should be considered inconsequential temporary buildings.

5 .27 The use of brightly coloured or visually prominent materials such as metal sheeting or painted render is not appropriate.

5 .28 The design of new buildings should also take into account the risk of flooding and raising of water levels. As the estate is liable to flooding, advise should be sought from the Environment Agency.

5 .29 The Council will not permit the use of external security lighting on buildings or elsewhere on the plots.

Roofline

5.30 Height and slope of roof are very important factors in ensuring that new buildings blend in with their surroundings . Flat roofs are unattractive and uncharacteristic. Most new buildings will require pitched roofs reflecting the degree of pitch Development Committee 7 March 2000

characteristic of the locality. The ridge of the roof should always be parallel to the longest side of the building and in all cases should be perpendicular to the entrance track. The roof pitch should be less than 30°. All new buildings should be single storey in height.

Extensions

5 .31 Extensions to existing chalets should be small and subordinate to the main building. Extensions should not increase the floor area of existing buildings by more than 10 per cent in total . In any case the maximum floor area of the building should be no more than 40m2.

Boundary Treatment and Landscaping

5 .32 Boundaries should be wooden fences or post and wire or alternatively hedges should be planted to reflect the rural character of the estate. The use of surfacing and hard landscaping is not acceptable. Existing trees and shrubs should be retained on site where practicable.

Permitted Development

5 .33 The Council in approving any new development will remove the permitted development rights for extensions and other works under Schedule 2, Parts 1 and 2 of the Town and Country Planning (General Permitted Development) Order 1995 .

Conditions

5.34 All new buildings will be subject to a condition covering the following:

(i) used solely for recreational purposes during the months of April to October inclusive (weekends and holidays);

(ii) at no time be used for permanent residential accommodation ; and

(iii) during November to March inclusive, the chalets shall be used solely for the storage of domestic items and household effects.

Car Parking

5.35 Parking spaces should be incorporated within the site and designed so as to reduce their visual impact. The use of extensive hardsurfacing will not be acceptable and spaces should be screened by appropriate landscaping.

5.36 The advice on permanent structures could equally apply to caravans and mobile homes which likewise need to be positioned to the rear of the plot with their shortest side facing the access road . The size of the caravan or mobile home should relate to the size of the plot on which it is position there should be sufficient space around the mobile home/caravan to allow adequate landscaping and planting. Caravans and mobile homes will be subject to the same condition as described in 5 .8 above. Development Committee 7 March 2000

General Guidance

5 .37 The guidance is not meant to be exhaustive and notwithstanding the above sections the Council's Adopted Local Plan should be consulted before making any applications and particularly Chapter 15 Design and the Built Environment.

5.38 It is intended to consult on the basis of this draft guidance for comments and views. This will include residents, Parish Council, ward members, local amenity societies, Environment Agency and other interested organisations. These comments and views will where applicable be incorporated into the guidance.

(b) Plots 5 & 6 Roydon Lodge Chalet Estate - Planning Application EPF/1158/99

Recommendation :

That planning permission be refused for the following reasons:

(1) The proposed development lies within an area of land liable to flood. The development will be at direct risk of flooding, and will increase the risk of flooding elsewhere. Such development would be contrary to Policies U2 and U3 of the adopted Local Plan ; and

(2) Development of the proposed size and character is not in keeping with the predominantly low key rural character of the Chalet Estate, contrary to Local Plan Policy RST10 and would impair the appearance of the Green Belt countryside.

Background

5 .39 This application was referred by Area Plans Sub-Committee `D' on 20 December 1999 to this Committee with a recommendation that it be refused .

5 .40 The application was reported to Area Plans Sub-Committee `D' with a recommendation to grant pennission but the Sub-Committee was concerned that the size and appearance of the proposed bungalow together with a large outbuilding was not in character with this estate of recreational chalets . Members asked that consideration be given to a Design Guide for future development on these plots which is reported elsewhere on the agenda.

5 .41 A copy of the earlier report is attached as Appendix 1 . Since that earlier meeting the Environment Agency has raised formal objection to the proposal .

5 .42 The application envisages a single storey bungalow of 79 sq.m constructed of blockwork covered with shiplap boarding . It is to have a tiled roof with ridge parallel to the access road . It will provide two bedrooms, living room, kitchen/diner, bathroom and one en suite shower room . Alongside is to be a covered swimming pool 6m x I Om of similar construction . Development Committee 7 March 2000

Issues

5 .43 This site is within the Green belt where there are stringent restrictions on new building, but the adopted Local Plan includes Policy RST10 which relates specifically to the Roydon Chalet Estate. This states that the Council will normally allow the construction of leisure chalets provided any permission is restricted to use at weekends and holidays during April to October inclusive, and provided the design and construction materials are in accordance with the character of the area.

5.44 As stated in the previous Committee report, the applicant has stressed that this chalet is required for summer recreation use only. He owns licensed premises in Waltham Abbey and a further house nearby. He has no objection to the Council's normal condition regarding recreational use during summer months only.

5 .45 This double plot is towards the eastern end of the estate where chalets are generally smaller and there is an increased sense of informality. But the character of the estate generally has been affected by permissions granted in recent years for larger chalets of 67-80 sq.m . The proposal lies within this range.

5 .46 It is, perhaps, these larger chalets that are altering the character of the estate, but the Committee will need to determine whether guidelines should be adopted in this regard and other matters. .

5 .47 In any event, the Environment Agency has objected to this proposal since the site lies within an area liable to flood. The development itself will be at risk of flooding and will increase the risk of flooding elsewhere. The current proposal should be refused for this reason, though this is not insurmountable for a revised scheme could raise the floor level and construct a chalet on comer piers to allow flood water to pass underneath.

5.48 Whether a further reason for refusal is appropriate regarding the character of the area will depend upon the Committee's conclusions regarding a Design Guide.

6. CRIME AND DISORDER REDUCTION STRATEGY: THE ROLE OF PLANNING

Recommendations :

(1) That the general strategy for incorporating security into the planning process as set out in this report be endorsed; and

(2) That officers be authorised to draft detailed design guidance to incorporate security into the planning process and submit it to this Committee for approval prior to consultation with the public and other interested parties with a view to its adoption as supplementary planning guidance by March 2001 . Development Committee 7 March 2000

Introduction

6.1 (Head of Planning Services) This report arises from the need to implement the Council's Crime and Disorder Reduction Strategy. That strategy incorporates targets for, amongst other things, a reduction in the incidence of burglary. One of the possible means of achieving this is to take account of security in the operation of the planning process.

6.2 This report suggests how this might be achieved and makes recommendations as to how this can be put into practice effectively.

6.3 Members will be aware that the Council has, in conjunction with its partners, a statutory duty to implement the requirements of the Crime and Disorder Act 1998 . To this end an internal Community Safety Working Party has been set up to co-ordinate the Council's response to the Act and its Strategy and Action Plan. This will feed directly into the emerging Community Plan.

6.4 The Council has already adopted a Crime and Disorder Reduction Strategy through Safer Communities Partnership. The strategy incorporates a series of objectives one of which relates to burglary. The relevant target identified is a reduction in the incidence of all types of burglary by at least 6%, by March 2000 (although this has since been revised to March 2002).

6.5 The Crime and Disorder Strategy Panel has established a number of action groups to help achieve the required reductions in crime and disorder in the District. One of the action groups deals with burglary.

6.6 The Burglary Sub-Group and Best Value Performance Plan have set targets for 2000/O1 . These include establishing policies for considering the security aspects of planning applications . In order to facilitate the achievement of these targets, the Partnerships have drawn up a programme of work comprising a series of actions which is outlined below.

6.7 The government has already issued advice to local authorities, developers and designers about planning considerations relating to crime prevention in the form of Circular 5/94 "Planning Out Crime" . The circular points out that the planning system is one, but only one, important factor in a successful crime prevention strategy. It also refers to crime prevention being capable of being a material consideration in the determination of planning applications . The circular refers to the need for a balanced approach to design which attempts to reconcile the visual quality of a development with the need for crime prevention. It gives examples of how crime may be reduced by reference to a strategic approach, development plan policies, the design of housing estates, landscaping, roads, footpaths, subways and other security measures such as security shutters and bollards. Development Committee 7 March 2000

Assessment of scope for incorporating security into the planning process

6 .8 The planning system is intended to regulate the development and use of land and buildings in the public interest. Given that, it follows logically that security should be a consideration in the determination of planning applications because security (i.e. the protection of people and premises from theft or attack) is a matter of public interest and concern.

6.9 The scope for action to enable the planning system to have a bearing upon security essentially comprises four approaches, each of which is considered below :

Local Plan Policies

6.10 There is scope for putting forward policies for inclusion in the review of the local plan. However, this approach could raise potential problems such as:

(a) flat roofs may offer ease of entrance to burglars and could therefore be discouraged but it may be considered somewhat draconian to introduce a policy to resist all such roofs; and

(b) the prospect of a housing layout comprising of cul-de-sacs, which make it difficult for a burglar to make a getaway, is totally at odds with the urban design principle of "permeability" which facilitates ease of access through an estate by pedestrians, which is particularly desirable in the context of promoting and enabling sustainable transport.

It will therefore be necessary to resolve such conflicts if any design guidance is to be formalised as local plan policy.

6.11 It may, therefore, be inappropriate to incorporate specific crime reduction policies in the Local Plan. This is on the basis that a reduction in the level of crime is only one aspect to be considered in the determination of planning applications and has to be weighed in the light of other considerations .

Supplementary Planning Guidance

6.12 This could be utilised to identify the circumstances in which crime prevention might be a material consideration in the determination of planning applications . It could also set out how advice (relating to, for example, roller shutters) should be applied and refer also to any detailed design guidance (see below). In order to carry weight at any planning appeal it should be the subject of public consultation prior to being adopted.

Detailed Design Guidance

6.13 This offers the opportunity to indicate, to designers, what constitutes good (and bad) practice with regard to design and crime . The types of good practice to be promoted include: Development Committee 7 March 2000

a pitched roof rather than a flat-roofed extension;

locating drain pipes away from upper storey windows;

minimising vegetation that might offer cover;

hostile planting" in specific locations to deter burglars; and

providing windows which overlook potential crime scenes (e.g. footpaths, car parks, other buildings).

Development Briefs

6.14 The preparation of briefs for particular sites or areas could transpose the supplementary planning guidance into specific proposals and recommend specific crime prevention measures (e.g. CCTV).

Suggested Approach

6.15 In the light of the above, officers consider that it would be appropriate for the Council to both formulate detailed Design Guidance relating to the prevention of crime and to adopt it as Supplementary Planning Guidance (SPG) to be applied in the determination of planning applications . In order for such SPG to carry substantial weight with an Inspector, at planning appeals, it would need to be the subject of extensive public consultation. This, of course, would sit very comfortably in the context of producing a Community Plan. Any such SPG could subsequently be formally incorporated into the Local Plan when it is reviewed provided that it was either reasonable to apply in all circumstances or the plan specified the scope for exceptions. Detailed design advice should be made available to those drawing up plans at the same time. This could be prepared jointly with the Police.

Resource Implications : Finance: Nil . Land : Nil. Personnel: From within existing resources. Environmental: Improved design will result in enhanced environment .

7. AFFORDABLE HOUSING TARGET - SUPPLEMENTARY PLANNING GUIDANCE

Recommendations:

(1) That the responses to the consultation exercises be noted ; and

(2) That the change to the affordable housing target from 20% to 30% be adopted as Supplementary Planning Guidance.

7.1 (Head of Planning Services) At this Committee's meeting of 26 October 1999 authorisation was given to undertake a consultation exercise to invite comments on the Council's proposed changes to the affordable housing target from 20% to 30% with a view to adopting the change as supplementary planning guidance pending a review of the local plan.

14 Development Committee 7 March 2000

The Consultation Exercise

7.2 Consultations were carried out during December 1999 and January 2000. Consultees included Town and Parish Councils, Housing Associations, the Housing Corporation and House Builders Federation. A total of 60 letters were sent out and 12 responses were received. All supported the change to the target figure with the exception of the House Builders Federation (HBF). A summary of the responses received is set out in Appendix 2 .

7 .3 The HBF and Hastoe Housing Association's responses require further consideration. These are dealt with below:

Issues raised by the responses

House Builders Federation

7.4 The HBF are concerned about the "concealed" households element identified within the Housing Needs Survey. Concealed households are people living within an existing household but who wish to establish their own separate households. The HBF believe that the survey considerably over estimates the need for affordable housing likely to arise from these types of household.

7.5 Their concerns are primarily based on the reliability of the survey data on which they make the following points :

Postal questionnaires rely on the head of household accurately stating needs;

Data is time limited and therefore accurately estimating anticipated future moves is difficult;

Data on the income of concealed households/ability to pay for separate housing is questionable as individuals circumstances/choices change over time.

7.6 On that basis the HBF have put forward figures which significantly reduce those given in the survey carried out by the Council's consultants David Couttie Associates. As a consequence of their alternative figures the HBF feel the 10% increase in the affordable housing target is not justified.

7.7 The HBF were asked to produce information to support their alternative figures but they were not wholly substantiated. It is also worth notable that their concerns were actually based on the shorter summary report rather than the full survey report which, as would be expected, gives far more detailed information on the survey.

7 .8 David Couttie Associates (DCA) have also been given the opportunity to respond to the HBF's concerns. They consider that the HBF's response is based on over-generalised assumptions about people and housing needs in the District. In the nine years they have been undertaking housing needs surveys they have never been challenged by the HBF, or any other house builder, on the methodology used. Development Committee 7 March 2000

7.9 Officers acknowledge that the methodology underlying the consultant's assessment has been developed over a number of years and that the subsequent conclusions are reasonable given that the data used is tested against reliable data sources such as council waiting lists and the census. However, it should also be acknowledged that housing needs surveys only provide a "snap shot" of the situation at a given time and that it will need to be monitored and reviewed.

Hastoe Housine Association

7 .10 Hastoe Housing Association, whilst supporting the change to the target figure, raised the issue of "affordability" (i.e. the cost at which the land for affordable housing will be made available to housing associations) . They suggest that the supplementary planning guidance should also contain a clear policy on the costs charged to the housing association for the affordable housing. They go on to quote examples where the policy states 1) housing is provided at cost with the land transferred at nil value 2) no public subsidy is available for financing affordable housing and a substantial discount on the purchase price of the property is ensured .

7 .11 The legal framework does not allow for this and the Department of the Environment, Transport and the Regions (DETR) would not accept specific land costs within local plan policies. This is because local plan policies relate to the use of land and not its value, although the value of the land may well be directly affected as a consequence. What is acceptable to the DETR are the methods adopted to achieve affordable housing provision being incorporated in the explanatory text of local plan policies? This is already done and generally entails the developer making the land available at little or no cost . However, the cost of the land can in practice vary between 25% and 80% of the market value, with the actual percentage achieved being determined by negotiation having taken account of other factors relevant to each case.

Conclusion

7.12 In conclusion, the comments received on the consultation exercise generally indicate support for the increase in the target figure. The change to the target figure from 20% to 30% should be adopted as Supplementary Planning Guidance to ensure that due weight is accorded to it at subsequent planning appeals and inquiries.

Resource Implications: Finance: Nil . Land: Nil. Personnel: From existing resources. Environmental : Nil .

Background Papers: Development Committee 26 October 1999.

8. BUILDING CONTROL POLICY STATEMENT AND PERFORMANCE STANDARDS

Recommendation :

That Building Control Performance Standards be accepted and the Council's adopted Building Control Policy Statement be reviewed and revised to reflect the new standards.

16 Development Committee 7 March 2000

8 .1 (Head of Planning Services) The Council is required under the terms of its Liability Insurance to regularly review its adopted Building Control Policy Statement. The last such review was undertaken as part of Service Review in July 1998.

8 .2 Since that time, there have been several important changes including : there is increased competition as there are now many more Approved Inspectors, both Corporate and individual, and the scope of work for which these may compete has been substantially broadened; also Councils may now set their own charges for carrying out the Building Regulation function and the income derived from those charges must recover the expenditure involved in the chargeable activity.

8.3 In the light of these changes representatives from the Local Government Association, the Construction Industry Council and the Association of Approved Inspectors set up a Steering Group. The objective of the Group being to develop a mutually agreed set of Performance Standards under which both the public and private sector building control bodies (BCB's) could offer competing services and against which all could be measured . The resultant document, Building Control Performance Standards, has recently been published and its application and adoption has been recommended by the Minister for Construction DETR.

8.4 The new recommended Standards are attached at Appendix 3 ; whilst these introduce some changes in policy and practice, the majority of new Standards consolidate existing position. The first of the new standards requires that every BSB shall adopt and publish a formal policy for the provision of its building regulation services. It is therefore appropriate that the Council's existing policy is now reviewed and revised as necessary

Policy Statement

8.5 The Policy Statement of a BCB should set down in clear terms the standards of levels of service and performance customers/users can expect to receive. The following which is recommended as a policy for the Council addresses the Standards proposed by the document Building Control Performance Standards:

The Council resolves:

To enforce Building Regulations as effectively as possible.

To regularly review the amount of its resources allocated to the Building Control function and make appropriate adjustment, having regard to the general level of building work in the District and the current legislative requirements and other building, surveying and licensing functions carried out by the group.

To employ documented management systems registered under ISO 9000 for its building regulation enforcement service.

To appoint Building Control Surveyors who are appropriately qualified by examination and having the necessary experience to perform their duties

17 Development Committee 7 March 2000

under this Building Control Policy Statement in relation to the projects for which they will be case officers .

To make charges for the Building Regulation function, under The Building (Local Authority Charges) Regulations 1998, and to adopt a Scheme of Charges from time to time for this purpose.

To communicate effectively with the owner and his agents of building work, at all stages of the development.

To adopt a policy statement and to review this in the light of major changes in relevant legislation and in any case at periods not exceeding five years.

8 .6 The Council is of the opinion that the Building Control function can be effectively performed on the following basis, allowing operation within this to be managed by the Assistant Head of Planning Services (Estate Management and Building Control) and exercised by the Building Control staff using their professional skill and judgement .

(i) All Full Plans Applications and Building Notices will be checked to ensure they accompanied by the appropriate charge ;

(ii) All Full Plans applications submitted (other than those submitted and expedited under the Local Authority National Type Approval Scheme or System Approval) will be examined and decisions issued within prescribed periods;

(iii) All Building Notices will be examined and verified ;

(iv) All Notices and Certificates received under the Building (Approved Inspector etc.) Regulations 1985 will be examined and either accepted or rejected within the prescribed period; their submission will be recorded in a register as required by those Regulations;

(v) In relation to Full Plans applications, all statutory consultations will be carried out;

(vi) In relation to each project of building work over which the Council has jurisdiction, it will establish an Inspection Plan which takes account of relevant factors to ensure, as far as possible, the Building Regulations are not contravened ;

(vii) Without prejudice to the generality of (vi) above, inspections will be made:

of building work following statutory notification served upon the Council ;

of structural elements and components, the failure of which would, in the opinion of the Council, be significant;

of works which constitute unusual designs or methods of construction ;

of works relating to fire safety and means of escape in case of fire;

18 Development Committee 7 March 2000

of any type of work, construction or material which if not verified could cause defects which would be seriously detrimental to public health or safety; and

of any additional areas of work necessary for the subsequent issue of a certificate at completion .

(viii) in addition to the inspections generated in pursuance of (vi) all building work, over which the Council has jurisdiction will be inspected sufficiently often to ensure that legal control is maintained;

(ix) full and accurate records will be kept of each inspection survey; and

(x) upon satisfactory completion of the relevant work the Council will certify its compliance with the building regulations.

The Main Changes

8 .7 Site Inspections - the new Standards introduce a different approach towards the site .:. inspection process. They call for a Inspection Plan to be written at the outset, ' determining the planned scope and frequency of inspection of the proposed building work . An example is given relating intervals between inspections to factors such as ~ build rate and numbers of on-site operatives, with an additional maximum interval of 21 days for all live and reasonably active sites and sufficient inspection of non-active sites to ensure legal control is maintained. This should be compared with the current inspection regime operated by the Council which is more project progress led with a . back-stop of a maximum of 5 months between inspections to maintain legal control .

8.8 Completion Certificates - it is being proposed that providing building work is satisfactorily completed, a completion certificate should always be issued. Currently applicants are given the opportunity when depositing a full plans application, to indicate whether a completion certificate will be required. Certificates are issued for these projects, and any other subsequently requested, providing the works have been satisfactorily completed.

Conclusion

8 .9 The new standards do provide some levelling between the approach by both public and private sectors in the provision of building control services and this is welcomed. However the ability of the private sector to negotiate charges on an individual project and confidential basis is viewed as a distinct competitive advantage against the legal requirement of the public sector to have fixed, published charges.

8 .10 The provision of a completion certificate for every satisfactorily completed project will involve some additional work and postage costs but these can be absorbed from existing resources.

8 .11 The proposed inspection regime will require existing arrangements to be changed. It is anticipated that standard Inspection plans could be drafted for the majority of projects. A set of plans for small domestic building work might deal individually Development Committee 7 March 2000

with, single story extensions ; two storcy extensions; loft conversions and the erection of a house and could be adapted for any special circumstances and then applied to the particular project. These standard plans and would contain many of the existing stages involved in the statutory and local informal notification system Projects involving larger developments, flats, commercial, industrial and institutional buildings would need have individual inspection plans drawn up to take into account the design philosophy and the planned programme of work.

8.12 Frequency of inspection is likely to present some problems. Larger developments usually involve a defined work programme which is broadly adhered to, or adapted as necessary through to completion. Small domestic work is very different and can be severely affected by availability of finance and motivation of the building owner. The Essex Building Surveyors Association, which includes representation by the 14 Essex local authority building control bodies, has discussed the proposed standards and particularly the practicalities involved in operating a meaningful but effective Inspection Plan. It considers that Inspection Plans need to be flexible and able to be adapted to changing circumstances during the construction process . Whilst it might be desirable to set a benchmark of a maximum of 21 days between inspections on all live and reasonably active sites, it believes it necessary to be able to build into the process an ability for the case officer to vary this period (subject to safeguards to ensure effective control is maintained where he judges this to be appropriate. This alternative approach is supported .

8.13 The Council's current policy provides for inspection at all statutory notification stages and encourages further inspections when floor and roof carcassing is complete. Also there is a target of all projects to be inspected at least once every 5 months which will satisfy the maintenance of legal control. The percentage of projects inspected within a three week period is not currently measured, however the standard proposed is assessed as an enhanced level of service . The building control computer software company is currently designing additional standard report generating facilities which will allow performance measurement to the new standards. Once these are implemented and the results assessed over a suitable period a further report would be appropriate of the results, together with an assessment of the resource implications of any identified necessary enhancement of performance. Any additional resource would have to be met from income raised from building control charges.

Resource Implications: Finance : Existing budget. Land : Nil . Personnel: Existing staffing. Development Committee 7 March 2000

PART B - ROUTINE ITEMS FOR DEBATE

9. STANSTED AIRPORT SURFACE ACCESS STRATEGY - CONSULTATION BY STANSTED AIRPORT LTD

Recommendations :

(1) That this Council welcomes:

(a) The consultation exercise;

(b) The improved and continuing target of 35% of all non transfer air passengers using bus, coach and rail; and

(c) All the measures suggested to encourage staff employed at Stansted Airport to use public transport; and

(2) That the Council is concerned about the possible future effects upon Roydon implicit in increased use of the railway line, and that opportunities to create public transport links into this District in particular to give local residents job opportunities are missing.

Background

9 .1 (Head of Environmental Services/Head of Planning Services) The operators of Stansted Airport, the British Airports Authority (BAA), are required to develop an airport surface access strategy, as part of the Governments integrated transport policy. ,~. BAA Stansted published their draft statement in December 1999, a copy of which has " been placed in the Members' room.

9 .2 Stansted Airport Ltd have consulted this Council about their new surface access strategy. The strategy indicates how passengers and staff get to and from the Airport at present, and how BAA intend this will change in the future, both as a result of growth of activities at the Airport, and as a result of encouraging access to be by public transport rather than by private car.

9 .3 It is important to emphasise that this is a new document, and gives an opportunity to influence future development which has not been given in the past.

9 .4 Airport development in the past has not followed a clear government strategy; but rather has been determined by Inquiry decisions, and a focus on private vehicle passenger access, with less attention given to access by public transport, and less still to how staff get access. The location of Stansted on the M11 (being a corridor of movement) would probably have been considered the most significant transport factor in the past. The fact that rail access was planned, and provided but was then under used was probably perceived as much less significant. The delay in upgrading the A 120 to the east might have been an annoyance rather than a serious flaw. Development Committee 7 March 2000

9.5 Compared to the development of Heathrow or Gatwick. Stansted could come out favourably; for example, Heathrow was only provided with underground and rail links after many years of growth.

The `present' position

9.6 The most recent figures quoted in the consultation refer to 33% of all 1996 non transfer air passengers using bus, coach and rail. Access to the airport was split as follows:

Rail : 19% Bus/coach: 14% Taxi/hire car: 11% Private car: 56%

That is the highest public transport use of any UK Airport in that year. That is a good starting point.

9.7 The position of staff transport use is that 94% use cars to get to work. That is a much less favourable starting point.

The Future

9.8 The strategy sets out how BAA Stansted intend to increase the use of public transport through on-going improvements in rail links, highway improvements and encouraging employees to use public transport. It is worthy of note that BAA Stansted has been one of the first organisations to attach a premium to traveller and employee car parking and then hypothecating that income for transport infrastructure improvements.

9.9 A particular challenge for Stansted, because of its present very high rates of growth, is to keep the present passenger position on use of public transport at its existing percentage. A further challenge is to get staff to use public transport to get to work, or, if they do use a car, to share its use as opposed to it being driven by a single occupant. A significant number of new targets and commitments are suggested to this end. For example, a Green Transport Strategy for the Airport site, a Company Travel Plan for BAA staff, a database for car sharing, a computer based joumey planner, and continuation of the travelcard (which gives staff discounts on public transport).

Impacts upon Epping Forest District

9.10 Apart from the generality of the impacts above, and which are recognised as being beneficial or potentially beneficial, the specific impacts upon the District are not made clear. Access to Stansted for the residents of Epping Forest District is however constrained by having only one main line railway station (WAGN at Roydon) and no other direct links save the motorway or other highway network. There is a bus linkage at . It therefore seems inevitable that residents, especially those in the south of the district will have to use their own cars or taxis/mini cabs in order to use Development Committee 7 March 2000

Stansted as their preferred choice of airport. BAA Stansted have stated in the strategy their wish to improve links with East London. In part the following comments arise from presentations to Councillors when they visited Stansted late last year.

9.11 The first concern is what future impacts there might be on Roydon Station, and hence Roydon Village. Increasing the length of trains must mean that level crossing barriers stay down longer. Increasing the frequency of trains increases the number of times the barriers are put down (of course the same applies at Sawbridgeworth). There is thus a threat, which might have adverse impacts upon Roydon Station in future. The worse scenario would be closure of that vehicular crossing or the station or some difficulty in providing an alternative means of crossing the railway tracks. What is good for express train users to Stansted, and in the overall position for Stansted would not necessarily be good for Roydon.

9 .12 Although parts of the District are in very close proximity to Stansted, it is not understood that it provides significant employment for residents of the District. The economic argument that Stansted is an important regional, if not national, "driver" means that Epping residents should have more opportunities. However, the public transport strategies suggest far greater opportunities for those on the rail corridor which lies largely outside and west and south of the District. Even if the Central Line cannot be extended into the Airport, so as to allow local residents those opportunities, buses, coaches or vans could be.

9.13 In all other respects the draft strategy appears sound although there may be merit in at least bringing to the attention of BAA Stansted the possibility of future developments affecting North Weald, so that these can be considered as part of longer term planning.

Resource Implications : Finance: Nil . Personnel: Nil. Land: Nil . Environmental : Some general beneficial outcomes : Employment Implications : Increased opportunities for local residents are missing.

10. LEE VALLEY REGIONAL PARK AUTHORITY DEPOSIT DRAFT PLAN - PART TWO PROPOSALS

Recommendation :

That the action taken by officers to withdraw the Council's objection to the Lee Valley Regional Park Authority Deposit Draft Plan Part Two be confirmed.

Background

10.1 At the meeting on 2 September 1999 the Committee agreed its response to the Lee Valley Regional Park Authority (LVRPA) Deposit Draft Plan Part Two. Concern had been expressed about the inclusion of glasshouse areas and two employment sites (identified as such in the Local Plan) within zones ultimately intended for leisure and recreation uses. Development Committee 7 March 2000

LVRPA Response

10.2 The LVRPA does not contradict the view that employment areas designed in the Local Plan should continue in industrial use. It is the Authority's duty, however, to promote uses which are compatible with the Regional Park. Should the opportunity arise in the future, the Authority would therefore wish leisure uses to be promoted on the employment sites. In zoning these areas for leisure or recreation, the Authority is taking the long-tenn view to protect the future of the Park. The Plan's explanatory text will make reference to the potential of leisure development to generate employment.

10.3 The Park Authority considered all the comments and objections which had been received and placed its proposed modifications on deposit from 17 November 1999 to 7 January 2000.

Comments

10.4 Officers are now satisfied that the zoning in the Park Plan will not create problems for the current uses of the employment sites or for the designations in the Local Plan. To meet the consultation deadline this objection to the Park Plan was therefore withdrawn, subject to confirmation by this Committee. Members are therefore asked to endorse this action.

Resource Implications : Finance: Nil. Land : Nil. Personnel: From existing resources. Environmental: Nil .

11 . LOCAL NATURE RESERVES - DESIGNATION AND MANAGEMENT

Recommendation :

That the land at Roughtalleys Wood, Lindersfield, Row Wood and the Triangle (as shown on the plans attached at Appendix 4) be designated and managed by the Council as Local Nature Reserves under Section 21 of the National Parks and Access to the Countryside Act 1949.

Background

11 .1 (Head of Leisure Services/Head of Planning Services) The Environment Working Party agreed in 1998 that there should be a corporate management programme for the Council's open spaces . As a part of this programme it was agreed that management plans should be prepared for each site and that the question of their designation as Local Nature Reserves should be investigated .

11 .2 To date, draft management plans have been prepared for three sites owned or held in trust by this Authority: Roughtalleys Wood, North Weald ; ; and Lindersfield, Buckhurst Hill. A management plan has also been produced by Epping Forest Countrycare for the which is owned by Nazeing Parish Council.

24 Development Committee 7 March 2000

11 .3 Designation of land as an LNR can provide benefits in terms of external funding sources through English Nature. A grant of £5,000 is already on offer for a hardened path to allow disabled access at Roughtalleys Wood. This offer is subject to LNR designation and is only for the current financial year. It is essential therefore that this item is considered before the end of March as the grant will be lost if a decision is carried over to the next committee meeting in May.

11 .4 Section 21 of the National Parks and Access to the Countryside Act 1949 gives County Councils, Borough Councils and District Councils powers to establish Local Nature Reserves. The local authority must either have a legal interest in the land or there must be an agreement between the local authority and the owner of the land.

11 .5 An area of land can be designated as an LNR if it has a high value for nature conservation, provides special opportunities for study and research or if the natural features of the site are of special interest to the public because they are used for recreation and education. In detailed guidance produced by English Nature, it is stated that LNRs "should be :

(a) of high natural interest in the local context (SSSI or near equivalent) OR

(b) of some reasonable natural interest and of high value in the Parish/District/ Borough/County context for environmental education or research OR

(c) of some reasonable natural interest and of high value in the Parish/District/ Borough/County context for the informal enjoyment of nature by the public OR

(d) any combination of (a) - (c) AND

(e) capable of being managed with the conservation of nature and/or the maintenance of special opportunities for special study or research as a priority concern."

Local Nature Reserves Designation

11 .6 Officers from Planning and Leisure Services consider that Chigwell Row Wood, Lindersfield and Roughtalley's Wood (outlined on the attached plans in Appendix 4) fulfil criteria (b), (c) and (e) and are suitable for designation as Local Nature Reserves. Nazeing Parish Council has requested that this Authority consider designating the area known as the Nazeing Triangle (as shown on the attached plan) . The Parish Council is prepared to enter into the appropriate agreement with this Authority, so that designation may be made on their behalf as the landowners .

11 .7 English Nature have been consulted about the sites referred to in this report - this is a requirement of the 1949 Act. The draft management plans for each site have also been submitted to English Nature who have confirmed that the plans are acceptable and that the sites in their view fulfil the criteria for designation as LNRs. English Nature suggest that a target of one hectare of LNR per 1,000 population is realistic if they are to play a part in sustainability. To date, this District has one LNR, the Roding Valley Nature Reserve (56 .5 ha).

25 Development Committee 7 March 2000

Implications of Designation

11 .8 LNR designation commits the Council to safeguarding the sites for nature conservation and managing them accordingly. This will not involve additional resources given that they are currently sympathetically managed by Leisure Services and Countrycare in the case of the three Leisure sites and by Countrycare on behalf of Nazeing Parish Council, in the case of the Nazeing Triangle.

11 .9 The designation of these sites as LNRs gives the Council the opportunity to flag up its commitment to nature conservation and the statutory basis of declaration gives a . strong foundation for the defence of these sites against competing land uses in the future. If members agree to designate these sites as LNRs this will need to be incorporated in the Local Plan as Supplementary Planning Guidance.

Resource Implications : Personnel: Nil. Land: Land at Chigwell Row Wood, Lindersfield, Roughtalley's Wood and Nazeing Triangle as shown on attached plans. Finance: Existing. Potential grant aid from English Nature for Local Nature Reserves. Environmental: Sites designated as Local Nature Reserves for nature conservation and education.

12 . BUDGET MONITORING REPORT 1999/00 DEVELOPMENT COMMITTEE

Recommendation :

That the projected out-turn for 1999/00 for the Development Committee of £1,590,000 CSB and £49,000 DDF be noted.

12 .1 (Chairman of Development Programme Management Group) This is the final budget monitoring report for the 1999/00 financial year. The projected outtum for the Development Committee is set out at Appendix 5 to this agenda. The notes below comment on any expected variations to the revised estimate.

Continuing Services Budget (CSB)

Countrycare

12.2 There are no expected variations from the estimate to report:

Planning Services

12.3 Income from Development Control fees is expected to be around the £355,000 in the Revised Estimate. However the nature of Development Control fee income is such that it can fluctuate significantly from week to week and even at this late stage it could vary.

Building Control

12.4 The revised budget showed a surplus on the fee earning element of around £11,000, however it now looks more likely that the fee earning budget will break even giving a CSB outtum of £96,000. Like Development Control, the fee income tends to be

26 Development Committee 7 March 2000

dependant on workloads and the projected position could vary slightly. The new Senior Building Control Surveyor post, which has been included as growth, has now been filled.

Economic Development

12 .5 There are no expected variations from the estimate to report.

District Development Fund (DDF)

Planning Services

12.6 The DDF items are:

(a) Forward Planning - a contribution of £ 1,000 to SERPLAN brought forward from 1998/99, and the employment of a one year student placement costing £8,000. The SERPLAN contribution has now been made and the student placement post has been filled. At month 10 this post has cost about £6,000.

(b) Development Control - Costs of the enquiry into the Northern Gateway access road. This was originally set at £20,000, it was subsequently increased to £50,000 in line with expected costs. It has since become clear that only £3,000 will be spent this year, £2,000 of which has been incurred. The bulk of the costs will not be incurred until a hearing is fixed which will not now be in 1999/00. £30,000 of the unspent £47,000 forms part of the 2000/O1 DDF, the remaining £17,000 will need to be ` carried forward and added to this. Costs regarding the settlement of a complaint relating to the construction of a nursing home adjacent to 9 Cedar Close in the sum of £4,000 have been incurred and will be paid shortly. A further item of L10,000 was agreed by Resource Committee on 25 January 2000 for the employment of consultants in connection with retail development proposals.

(c) Enforcement - An allocation of £10,000 to the enforcement action necessary at Galley Hill has been made as part of the Revised Estimate. -To date £5,000 of this has been paid.

(d) Planning Appeals - Costs of £6,000 relating to planning appeals at 8 Piercing Hill and the Bantham bowls club have been incurred. The former has been paid and amounts to about £3,500 the latter will be paid when a claim is made.

Building Control

12 .7 The DDF item relates to the purchase of computer equipment, funding for which was brought forward from 1998/99.

Economic Development

12 .8 The DDF item relates to the contributions to the town centre partnerships of £ 12,000, however £6,000 of this is to come from existing budgets. The actual to date relates to three payments of £2,000 to the Loughton, Ongar and Waltham Abbey partnerships . The original DDF item for the assistant to the Economic Development officer

27 Development Committee 7 March 2000

subsequently became part of a restructuring report presented to Resource Committee of 22 June 1999 and is now financed using savings elsewhere within the Policy Unit Salary budget.

Conclusion

12.9 The outtum for this committee as at Month 10 is expected to be £1,590,000 CSB and £49,000 DDF. The original budget stood at £1,540,000 CSB and £33,000 DDF, and the revised at £1,579,000 CSB and £66,000 DDF. The outtum now looks likely to be around £1,590,000 CSB an increase on the Original and Revised Estimate of £50,000 and £11,000 respectively . The DDF is expected to outtum at £49,000, an increase of £ 16,000 on the original budget and a decrease of £17,000 when compared to the Revised Budget.

Resource Implications: Finance: CSB as at Month 10 £1,590,000, DDF as at Month 10 £49,000. Land: Nil . Personnel: Nil. Environmental : Nil.

13. BUILDING CONTROL - THE BUILDING (LOCAL AUTHORITY CHARGES) REGULATIONS 1998

Recommendations :

(1) The Scheme of Charges set out in Appendix 1 be adopted by the Council in pursuance of the Building (Local Authority Charges) Regulations 1998 ;

(2) The Charges be introduced with effect from I April 2000;

(3) The Head of Planning Services be authorised to advertise the introduction of the new Scheme of Charges as required by the Charges Regulations; and

(4) Resource Committee be advised of the revised Scheme of Charges.

13 .1 (Head of Planning Services) The Building (Local Authority Charges) Regulations came into operation on 1 April 1999. The Regulations require the estimated income derived, reasonably to expect to be not less than the proper cost involved in performing the relevant building regulation functions. Members agreed that for 1999/00 a 100% recovery rate should be the objective and adopted a scheme of charges which was estimated to achieve this. (Minute 91 Development Committee 2 March 1999).

13 .2 At the October 1999 Development Committee Members were advised of the current budgetary position and the projected Charges income stream for the remainder of the financial year and the estimated income for 2000/01 . The indications at that time were, that even allowing for the additional staffing agreed by this committee in July 1999, a surplus in the order of £33,000 would be achieved in the current year and Development Committee 7 March 2000

£20,000 in 2000/01 . On the basis of this information Development Committee resolved to maintain the current scheme and level of charges for 2000/01 (Development Committee minute 76 - 26/10/99). Resource Committee in its Annual Review of Fees and Charges concurred with the decision (Resource Committee Minute 97 - 23/11/99).

13 .3 The Charge earning element of the Building Control Service is reactive, subject to full competition and affected by national economic factors. Development Committee at its meeting on 11 January 2000 reviewed the Planning Services base budget 2000/2001 and noted that the income profile for the building regulation charges had not continued as previously estimated and that the revised profile projected into 2000/01 gave concern that the estimated income would be less than the estimated expenditure. In these changed circumstances it is believed to be prudent for the scale of building regulation charges to be revised.

13.4 The Building (Local Authority Charges) Regulations 1998 require the Council to fix charges for the following types of building work:

(a) The erection of small domestic buildings (houses and flats of less four stories or 300m2 floor area) ;

(b) Domestic garages and extensions not exceeding 60m2 floor area; and

(c) All other building work not covered by (a) and (b) above.

The charges relating to (a) and (b) being fixed charges within defined categories and the charges for (c) being on a sliding scale related to the estimated cost of the building work.

13 .5 It is recommended that, the charges for all building work in category (a) domestic extensions of more than l Om2 floor area in category; (b) and with the exception of the charges relating to building work where the estimated cost is less than £5,000, all other building work in category; and (c) be increased by approximately 5%, reflected in the Scheme of Charges set out in Appendix 6. It is further recommended that this Scheme operates from 1 April 2000 and that as required notice of this be advertised .

13 .6 The exceptions from the recommended increases relate to minimum charges for very minor work where it is felt that any increase would be disproportionate to the scale of the cost of the work involved.

Resource Implications : Finance: Estimated additional income £25,000 p.a. Personnel : Existing. Land : Nil . Development Committee 7 March 2000

14. PLANNING SERVICES - ADMINISTRATION FEES AND CHARGES

Recommendation :

That Planning Services administration fees and charges be increased as set out in this report with effect from 1 April 2000 and Resource Committee be advised accordingly.

14.1 (Head of Planning Services) At the meeting on 11 January 2000 the Committee agreed to increase administration fees and charges in order to enhance annual income by approximately £1,000 as a contribution to the 2000/01 budget.

14 .2 Members are asked to formally agree that :

(i) Copying charges for decision notices be increased from £5 .00 to £5 .50; and (ii) Ordnance Survey plan reproduction fees be raised from £20.00 to £25 .00.

Resource Implications : Finance: Estimated additional income £1,000 p.a. Personnel: Existing. Land : Nil.

15. REVIEW OF WORKING GROUPS 2000/O1 (Council Minute 78(3) - 20.2.96)

Recommendation :

To consider whether the Working Group on Development Plans needs to be re-appointed for 2000/Ol and to review the Working Group as follows :

(a) to review its terms of reference;

(b) to review the forward work programme and reporting deadlines; and

(c) to indicate any policy matters which should be considered for the coming year.

15 .1 (Chief Executive) Standing Order A54 governs the operation of Working Groups. Working Groups are divided into two categories: "Standing" and "Ordinary" which are dealt with differenf ly. "Standing Working Groups" (which must consist of 11 members) have a policy brief from the parent committee and are designed to be a continuing body whereas "Ordinary Working Groups" (which may consist of 11 members or a smaller total if appropriate) must have a specific task, clear terms of reference and a deadline for reporting back to their parent committee.

15.2 All Working Groups are subject to annual review covering their terms of reference, membership, forward work programme, reporting deadlines and whether they need to continue, in order that the Council, at its Annual Meeting in May 2000 can appoint or otherwise to the appropriate groups. Development Committee 7 March 2000

15 .3 The following Working Groups fall within the "Standing" category: (a) Council Strategy (P&C); (b) Environment (P&C); (c) Housing (Housing); (d) Development Plans (Development); and (e) Transport (Transportation) . All of these Working Groups have terms of reference which are supplemented from time to time by matters referred by the parent committees . They do not have clear reporting deadlines.

15.4 This Committee does not have any "Ordinary Working Groups" .

Working Group on Development Plans

15.5 (i) Terms of Reference

To consider and submit recommendations on the review, alteration and replacement of the District Plan or other development plans affecting the District .

(ii) Work Programme 2000/2001 and reporting deadlines

Subject Report by :

(a) Proposed Modifications to Essex End of April 2000 Structure Plan

(b) Monitor Progress with EFDC Local Plan May/June 2000

(c) Consider need to formally alter EFDC Local July 2000 Plan and commence work on new Plan looking to 2016

(iii) Is the Working Group still required? - Yes

15 .6 Members should note that, following the agreement by the Council to pursue the establishment of an executive, a further review of Working Groups will be required in the next municipal year.

16. AREA PLANS SUB-COMMITTEES - PROGRESS REPORT

Recommendation :

That the information in respect of Area Plan Sub-Committees be noted.

16.1 (Head of Policy Unit) At the meeting of Development Committee on 15 April 1999, members agreed to receive progress reports on Area Plans Sub-Committees at each meeting. The requested information in respect of meetings held between 5 January and 23 February 2000 is set out below. The letter in brackets after the meeting date indicates the relevant Area Plans Sub-Committee. Development Committee 7 March 2000

DATE DURATION OF APPLICATIONS SPEAKERS PUBLIC REFERRALSTO MEETING DEVELOPMENT COMMITTEE

5.1 .00 (A) 2 hours 30 mins 18 9 22 0

12.1 .00 (B) I hour 5 mins 12 4 4 0

19.1 .00 (C) 2 hours 30 mins 8 12 24 0

26 .1.00 (D) 20 mins 8 0 4 0

2.2.00 (A) I hour 40 mins 1 5 13 0

9.2.00 (B) 1 hour I O mins 4 6 10 0

16.2.00 (C) 1 hour 13 1 5 0

I 23.2.00 (D) I 35 mins I 9 I 2 9 0

17. ESSEX AND SOUTHEND-ON-SEA REPLACEMENT STRUCTURE PLAN

Recommendations:

(1) That the Draft Statement of Decisions on the Examination in Public (EiP) Panels' Recommendations and Proposed Modifications to the Essex and Southend on Sea Replacement Structure Plan be considered by the Working Group on Development Plans; and

(2) That, subject to (1) above, in accordance with Standing Order 47(2), authority be delegated to the Head of Planning Services in consultation with the Chairman of the Committee to submit a response to the consultation document on behalf of the Council.

17 .1 (Head of Planning Services) Notification has recently been received from Essex County Council that public consultation on the Draft Statement of Decisions on the EiP Panel's Recommendations and Proposed Modifications to the Structure Plan is likely to commence during the next few weeks. In accordance with statutory requirements there will be a six week consultation period finishing towards the end of April . The exact dates for the consultation will be available shortly.

17 .2 The Working Group on Development Plans would normally consider the matter and submit a report to this Committee setting out a proposed response. However, the next meeting of this Committee is not due to be held until 30 May 2000. It is therefore recommended that, in accordance with Standing Order 47(2), authority be delegated to the Head of Planning Services in consultation with the Chairman of the Committee to submit a response on behalf of the Council following consideration of the matter by the Working Group. A report will be submitted to the Committee on 30 May 2000 giving details of the response and seeking any further comments members may wish to make. Development Committee 7 March 2000

18. MAJOR PROJECTS/PROPOSALS - PROGRESS (Minute 12 - 23.5.95)

Recommendation :

To note the progress of current major projects/proposals.

18 .1 (Head of Planning Services) The attached schedule (Appendix 7) gives details of the progress of major projects/proposals in respect of which the Committee has asked for reports at each meeting.

19. PROGRESS REPORTS (Policy and Co-ordinating Committee Minute 50(4) - 6.12.94)

19.1 (Chief Executive) To consider any progress reports (other than those already agreed for submission on a regular basis) sought by Members for submission to the next meeting of the Committee .

20. REPRESENTATION ON OUTSIDE ORGANISATIONS

20.1 (Chief Executive) To receive any oral reports from the Council's appointed representatives on the proceedings of outside organisations which have met since the last meeting of this Committee:

Association of Essex Councils - Economic Development Steering Committee (Councillor Mrs J Davis) Epping Forest Business Centre Ltd (Councillor R Heath) Forest Enterprise Agency Trust (FEAT) (Councillors Mrs J Davis and M Heavens) Ongar (Former LECA Works) Consultative Group (Councillor L Martin) Planning and Traffic Issues - Joint Member Panel (Councillor R Heath) Stansted Airport Consultative Committee (Councillor J Harrington)

20.2 Members are invited to raise points of interest included in the minutes of relevant Category A outside organisations, copies of which have been placed in the Members' Room and have been listed in the Members' Information Bulletin since the last meeting. Development Committee 7 March 2000

PART C - INFORMATION ITEMS AND OTHER BUSINESS AND EXCLUSION OF PUBLIC AND PRESS

21. INFORMATION ITEMS

21 .1 (Chief Executive) Information items are now included in the Members Information Bulletin. Any Member wishing to raise any matter on an information item concerning the responsibilities of the Committee which has appeared in the Bulletin since the last meeting is asked to advise the Committee Secretary before the meeting.

22. ANY OTHER BUSINESS

22.1 Section I OOB (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.

22 .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 week's notice of non-urgent items is required .

23. EXCLUSION OF PUBLIC AND PRESS

23 .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 I of Schedule 12A of the Act indicated:

Agenda Exempt Information Item No. Subject Paragraph Number

Nil Nil Nil

23 .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

23 .3 Standing Order A27 requires that the press and public should be excluded from the meeting at no later than 10 .00 p.m. subject to the completion of any item under debate or if the Chairman determines any further public business should be discussed before exclusion . APPENDIX 1

Epping Forest District Council Final Committee Agenda DC .AID For Committee meeting on : 20/12/1999 PCR2/1 .7 Decision Level : Development Committee and Plans Sub-committee

APPLICATION No : EPF/1158/99 Report Item No : 7

SITE ADDRESS : PARISH : Roydon PLOTS 5 & 6, ROYDON LODGE CHALET ESTATE, ROYDON

APPLICANT : Mr C . Smart

DESCRIPTION OF PROPOSAL : Detached bungalow and garden pool for recreational use only .

RECOMMENDED DECISION : Grant Permission

1 . To be commenced within 5 years .

2 . The chalet hereby approved shall be used solely for recreational purposes during the months April to October inclusive, and shall not be used at any time for permanent residential accommodation . During the months November to March inclusive, the chalet shall be used solely for the storage of domestic items and household effects . 3 . The pool building hereby approved shall be used solely for recreational purposes during the months April to October inclusive, and shall not be used at any time for permanent residential accommodation . During the months November to March inclusive, the building shall be used solely for the storage of domestic items and household effects .

No further development shall be carried out, or structures of any kind erected on the site without the formal approval of the Local Planning Authority .

5 . The existing chalet shall be demolished and the materials removed from the site within one month of the new chalet being brought into recreational use .

6 . The exterior timber framing and the shiplap boarding shall be treated with a dark brown or black stained finish, on both the chalet and the pool building, to the satisfaction of the Local Planning Authority .

7 . The development shall be carried out in accordance with the amended plans received on 26 October 1999 .

Details of Proposal :

Recreational weekend chalet and covered recreational pool .

Description of Site :

Double plot of 19m frontage, backing on to railway line . The chalet on plot 5 (built 1957) has been removed but the older asbestos chalet on plot 6 (built 1953) still remains . Site well screened by mature overgrown shrubbery along boundaries .

Relevant History :

Recreational chalet (Plot 6) approved May 1953 . Recreational chalet (Plot 5) approved September 1959 . Relevant Policies :

RST10 (Roydon Lodge Chalet Estate) .

Issues and Considerations :

The key issue in this case relates to compliance with Policy RST10(iv) which requires "the design and construction materials of any new chalets to be in accordance with the character of the estate" .

There is a real mix of styles and materials of these 50 or so chalets on the estate . The older ones built in the early 1950's are mainly timber framed with asbestos sheeting and either asbestos or felt roofs . The more recent chalets have been constructed in more permanent materials, brick and tile, and stained timber boarding . This proposal is for a chalet of 79sqm floor area in concrete blockwork covered in shiplap boarding with a concrete tile roof . The pool building (on the adjoining plot 6), is 60sqm in floor area and of identical construction . In terms of .overall size, the original plans showed a chalet of 103sqm but the amended plans have reduced the building to 79m2 . This floor area equates with other chalets recently approved on the estate - (the largest being e0sqm on plot 40 approved in November 1998) . The design, appearance and materials for both structures are acceptable and the application is recommended for approval subject to appropriate conditions .

Regarding the objections : Those relating to the Green Belt are not relevant as this is a permissible Green Belt use on a site identified for recreational chalets in the Local Plan .

The question of a water supply is not a planning consideration and is a private matter for the owner and water supplier . Whilst it is true that there have been cases of permanent occupation in the past, these abuses have all been remedied by enforcement action which has been supported without exception on appeal . Policy RST1o(v) requires in every case, the imposition of a recreational occupancy condition, as recommended above .

(Note : The applicant occupies a residential flat above the licensed premises that he manages in Waltham Abbey, and also owns a house nearby . He has bought these plots for summer recreation and relaxation for his family as a 'bolt-hole" from the stresses of his business life .)

SUMKARY OF REPRESENTATIONS : PARISH COUNCIL - Strongly object ; Metropolitan Green Belt ; pool unsuitable for MGB site ; no recent permission for mains water ; how is pool to be filled? ; What is use of en- suite bathroom? ; is this only for recreational use? _ ~_ .S(c; ROYDON SOCIETY - Design implies full residential occupation ; unsuitable in MGB ; mains water ; residents may have to suffer uplifting of the road surface in certain areas again . 57 HIGH STREET - Another step in transforming an area once unobstrusive ; existing modest chalets fit into the MGB ; risk of full-time occupancy ; if approved, consideration necessary for its impact and conditions of occupancy, as well as precedence . Sluiee'-j!-

------

3546 1645

F-1 El 1. Roydon Lodge Chalet Estafe

N 0 C::1 o qiQo ooo. ;~ ~~ . o ~_°o

.-~7EPPING FOREST DISTRICT COUNCI John Gilbert M.C .I .E.H . M .R.S.H. Head of Environmental Services Civic Offices, High Street Epping, Essex, CM16 48Z Tel. 01992 564000.

Pum ping Station PLOTS 586,ROVDONLODGE CHALET ESTA ROVDON

,Scale1 :1,250 Date 10/17J1999 ' -Thematerial contained -inthis'ptot has-been-' . reproduced from an Ordnance Survey map with ;I pemussion of the Controller of Her Majestys ;i Stationery, (c) Crown Copyright. Unauthorised ;~ reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings . c r n r ue- u.. , n n,voaa - APPENDIX 2

Affordable Housing Target - Supplementary Planning Guidance

Summary of Responses

1 . Ability Housing Support change.

2. Anchor Anglia Support change .

3. Countryside Agency Fully support change .

4. Epping Town Council Agree with increase but hope the quality of housing provided e.g. insulation standards will not be reduced.

5. Essex County Council Acceptable change in accordance with proposed policy H5 of Replacement Structure Plan .

6. Hastoe Housing Association Support change but question the issue of affordability.- see report

7 . House Builders Federation Cannot support change - see report .

8. Ongar Parish Council Support change.

9. Springboard Housing Association Support change .

10 . Theydon Trusts Limited Supports change, but hopes the increase will not affect the quality of housing provided .

11 . Warden Housing Association Supports change.

12 . Waltham Abbey Town Council Supports change. Also makes comment that a fair percentage of affordable housing should be spread throughout the district and not concentrated on the larger towns. This matter is taken into account within Local Plan Policy H5 (ii) . Standards for Building Control APPENDIX 3

Standards for Building Control

1 . Policy Every BCB shall adopt and publish, or make available on request, a formal policy for the provision of its building control service in a manner that meets its legal duties and is effective in helping to achieve the compliance of building work with the Building Regulations.

2. Resources The BCB shall deploy sufficient experienced and qualified staff, appropriate to die type of building control work undertaken.

In the light of current and forecast workloads, sufficient resources must be allocated by the BCB to enable it to discharge its duties with reasonable skill and care and no comply with these Standards . A formal review of resources and staffing shall be regularly undertaken, to address fluctuations in workload.

Project acceptance: formal procedures shall be in place to review the capability and/or capacity of the BCB to accept projects either individually or collectively. In the case of local authorities, which cannot refuse to undertake building control on a project if requested, these procedures must extend to consideration of the possible need to engage additional support, either generally or in relation to individual projects.

Resources for existing projects : a process of continuous review shall be undertaken to ensure existing projects are adequately resourced.

3. Consultation The BCB shall undertake all statutory consultations in a timely manner. It shall consider the possible desirability of undertaking additional consultations . It shall where appropriate co-operate as far as possible in a `one stop shop' approach to development consents.

4. Assessment of Plans Where assessment of plans is undertaken, clear information shall be communicated to the client regarding :

non-compliance with the Building Regulations

" views of statutory consultees

conditions pertaining to the approval or passing of plans

remedies available in the event of a dispute over compliance. Building Control Performance Standards

Records of the plans assessment process: records shall be kept of the design assessment philosophy, and any statutory and/or discretionary consultations, for future reference and continuity of control.

5. Site Inspection Site inspection regime: the BCB shall adopt an appropriate site inspection regime which takes full account of relevant factors such as:

the degree of detail in the design assessment process

the nature of the work

experience of the builder

0 _ complexity and rate of build

unusual or high risk features

notification arrangements

key construction stages .

Relevant factors must be assessed at the outset and regularly reviewed so that effective control is maintained for the duration of each project, with adequate recording, sufficient to demonstrate the application of reasonable skill and care.

Site inspection records: records of each inspection shall be maintained, which identify the work inspected and any non-compliance . Where plans are not available for the work, these records will necessarily be more detailed.

Contraventions: non-compliant work (contraventions) must be communicated promptly and ~wL clearly to the responsible person, identifying the contravention(s) and indicating any measure(s) ". ., believed to be necessary to remedy the situation. Any mechanisms for appealing against or - disputing a decision of the BCB shall be clearly made known to the responsible person .

Notification of consultees: During the inspection phase, the BCB shall ensure that all statutory consultees are notified of any significant departures from plans.

6. Certificates at Completion Upon satisfactory completion of the relevant work the 6CB shall give an appropriate certificate to die direct client and any other appropriate person (s) .

7. Archiving of Records All records relating to the building control service provided to individual projects shall be retained by the BCB for an appropriate period . Arrangements shall be made for their transfer into safe keeping in the event of a BCB ceasing trading. Standards for Building Control

8. Continuing Professional Development The BCB shall put in place suitable arrangements for Continuing Professional Development and in-service training.

9. Review of Performance A BCB shall have methods of collecting and monitoring evidence of its performance, in terms of service delivery and compliance or non-compliance of building work with the Building Regulations . It shall have procedures in place to learn from its findings as a part of a process of continuous improvement . It shall also facilitate the sharing of any information which would be of benefit to BCBs in recognising general areas of difficulty (or failure) in achieving compliance.

10. Quality Management Every BCB shall incorporate quality management principles into its service, which can demonstrate that the above Standards are being addressed.

11 . Business Ethics Every BCB shall observe the normal professional standards and business ethics expected of service providers . A BCB shall not attempt to supplant a competitor, or win work, on the basis of interpretation of the regulations. The principle of the building control function being independent shall not be compromised. - COUNCIL FOftE Epplrf0 nICE . MIHI Celm Snerma^ CErq lacl~nlcel 9er~lces of Plen~lnp anE Hoaa . WG^ Slreal Clac O(f¢es 7 a EppvgEsse . .O'l10 Q 01997 W000 7 ,lal ~+7 z 0 X A

~nl oloi msUea^If 1~ p,p~Mlel :O^lelneo I Irom on Q'e^ar<° Sv~a1'^~ re7od

* It  . . . EPPING FOREST OISTRICT COUNCIL Keith Sharmeo CEny MLLE. lSIHf . t1eeC of Planmleg sC Teclvmlcal Servlcn-. Civic Offices. W gn Street EIwIrgEsu.,CM16 1BI iel 91992 561M

nl~ u.~ n.'~ ~ ~RI A NC~ L~

The mpterlal contalreC In this plot has peen repreACeE from an b'Ohenee Survey in,, wllll permls510n Of It:o Conlrollar of Mer KbIntstt(s Stetlonery, Icl Gown Capyrlght. uauttarISeA rep~tlon Infrlnges Crown CapylgFt a,o NO 771v11 prccaClrgs C.~ICenca Plot lAtB77 Scale 1:750 Da te 07/10/96

10 DEVELOPMENT COMMITTEE 1999/00

MONITORING REPORT FOR THE CONTINUING SERVICES BUDGET (CSB)

PLANNING COUNTRYCARE BUILDING ECONOMIC SERVICE TOTAL SERVICES CONTROL DEVELOPMENT STRATEGY & REGULATION

000's 000's 000's 000's 000's 000's

ORIGINAL CSB 1,172 135 63 109 35 1,514

GROWTH ITEMS 26 0 0 0 0 26

VARIATIONS PREVIOUSLY REPORTED (10) 1 22 21 5 39

REVISED ESTIMATE 1,188 136 85 130 40 1,579

VARIATIONS EXPENDITURE 0 0 0 0 0 0

(VARIATIONS INCOME) 0 0 11 0 0 11

EXPECTED OUTTURN 1,188 136 96 130 40 1,590

NET EXP. TO MONTH 10 969 113 74 125 33 1,314 DEVELOPMENT COMMITTEE 1999/00

MONITORING REPORT FOR THE DISTRICT DEVELOPMENT FUND (DDF)

PLANNING COUNTRYCARE BUILDING ECONOMIC SERVICE TOTAL SERVICES CONTROL DEVELOPMENT STRATEGY & REGULATION

000's 000's 000's 000's 000's 000's

ORIGINAL DDF 20 0 0 13 0 33

VARIATIONS PREVIOUSLY REPORTED 39 0 1 (7) 0 33

REVISED ESTIMATE 59 0 1 6 0 66

VARIATIONS EXPENDITURE (17) 0 0 0 0 (17)

(VARIATIONS INCOME) 0 0 0 0 0 0

REVISED TOTAL 42 0 1 6 0 49

NET EXP . TO MONTH 10 18 0 1 6 0 25 APPENDIX 6

THE BUILDING (LOCAL AUTHORITY CHARGES) REGULATIONS 1998

SCHEME OF CHARGES

1 .0 Commencement

This Scheme of Charges shall come into force on 1 April 2000, replaces a previous Scheme which operated from 1 April 1999, and is pursuant to The Building (Local Authority Charges) Regulations 1998

2.0 Interpretation

(1) In this Scheme, unless the context otherwise requires-

"carport" means a building forming a shelter for a vehicle, open on at least two sides;

"cost' does not include any professional fees paid to an architect, quantity surveyor or any other person;

"estimate" in relation to the cost of carrying out building work, means an estimate, accepted by the Council, of such reasonable amount as would be charged for the carrying out of that building work by a person in business to carry out such building work (excluding the amount of any value added tax chargeable), references to estimated cost shall be construed accordingly;

"extension" means an extension which has no more than three storeys, each basement storey (if any) counting as one storey ;

"small domestic" means a building (including connected drainage work within the curtilage of that building)-

(a) which is intended to be used wholly for the purposes of one or more dwellings, none of which has a floor area exceeding 300m2, excluding any garage or carport

(b) the whole of which is-

(i) shown on plans deposited for the purposes of section 16 of the Act,

(ii) shown on plans accompanying a building notice, or

(iii) shown on plans given to the Council in accordance with regulation 18 of the Approved Inspectors Regulations;

(c) which has no more than three storeys, each basement storey counting as one storey,

including such building which incorporates an integral garage or to which is attached a garage carport or both which shares one or more walls with that building. (2) All other interpretation of this Scheme shall be made by reference to the definitions and terms contained in The Building (Local Authority Charges) Regulations 1998.

3.0 Principles of the Scheme

(1) This Scheme fixes the recovery of the following charges;

(a) A Plan Charge - for or in connection with the passing or rejection by the Council of plans of proposed building work deposited in accordance with section 16 of the Act;

(b) An Inspection Charge - for or in connection with the inspection of building work for which plans have been deposited in accordance with the Principle Regulations and with section 16 of the Act;

(c) A Building Notice Charge - for or in connection with the consideration of a building notice which has been given to the Council in accordance with the Principle Regulations;

(d) A Reversion Charge - for or in connection with the consideration of building work reverting to the control of the Council ;

(e) A Regularisation Charge - for or in connection with the consideration of an application under regulation 13A of the Principle Regulations and the inspection of any building work to which that application relates.

(2) The sum of the Plan Charge and the Inspection Charge shall be equal to the Building Notice Charge .

(3) The Reversion Charge shall be equal to the Building Notice Charge.

(4) The Regularisation Charge shall be 20% greater than the Building Notice Charge .

(5) Where an application or building notice is in respect of building work which is substantially the same as building work in respect of which plans have previously been approved or building works inspected by the Council, and where the Council is satisfied that the owner of the plans who deposits them or who gives a building notice in respect of them, is the same person who originally deposited the plans or gave a building notice in respect of them, the Council will not require a further Plan Charge or Building Notice Charge .

4.0 Amount of charges

(a) Schedule 1 shall have effect to determine the amount of charges payable in the case of the erection of one of more small domestic buildings and certain connected work specified in that schedule;

(b) Schedule 2 shall have effect to determine the amount of charges payable in the case of the erection of certain garages, carports, alterations, extensions and minor works specified in that schedule ; (c) Schedule 3 shall have effect to determine the amount of charge payable in any case other than one mentioned in sub-paragraph (a) or (b) above 5.0 Exemption in relation to work for disabled people

(1) The Council is not authorised seek to recover a charge :

(a) where the Council is satisfied that the whole of the building work in question consists of an alteration : and-

(b) where the building work is-

(i) solely for the purpose of providing means of access to enable disabled persons to get into or out of an existing building and to or from any part of it, or of providing facilities designed to secure the greater health, safety, welfare or convenience of such persons; and

(ii) is to be carried out in relation to-

(a) an existing building to which members of the public are admitted (whether on payment or otherwise) ; or x . (b) an existing building which is , or is to be, occupied by a disabled person . :^ n (2) The Council will not recover a charge which consists solely of a charge in respect of building work for the provision or extension of a room in a dwelling where it is satisfied that the sole use of the room is or will be-

(a) for the carrying out of medical treatment of a disabled person which cannot be reasonably be carried out in any other room of the dwelling ; or

(b) for the storage of medical equipment for the use of a disabled person ; or

(c) to provide necessary accommodation or a necessary facility by adapting or replacing accommodation or a facility which already existed within the dwelling which was incapable of being used, or used without assistance, by the disabled person .

(3) For the purposes of this Scheme, disabled person means a person who is within any of the descriptions of persons to whom section 29(1) of the National assistance Act 1948 (a) applied, as that section was extended by section 8(2) of the Mental Health Act 1959)(b), but not taking into account amendments made to section 29(1) by paragraph 11 of schedule 13 to the Childrens Act 1989(c).

(6) Estimates to be provided in certain cases

(1) No later than the time when plans are deposited with the Council under section 16 of the Act, or a building notice given to the Council, they shall, except in the case of building work described in regulation 7(1) ; have received a written estimate of the cost of the building work . (2) Where building work of a kind -

(a) not described in regulation 7(1) ; and

(b) in respect of which a reversion charge is payable, reverts to the control of the Council, any plans relating to that building work given to the Council in accordance with regulation 18 of the Approved Inspectors Regulations shall be accompanied by a current estimate in writing of the cost of that building work. (c) Schedule 3 shall have effect to determine the amount of charge payable in any case other than one mentioned in sub-paragraph (a) or (b) above 5.0 Exemption in relation to work for disabled people

(1) The Council is not authorised seek to recover a charge:

(a) where the Council is satisfied that the whole of the building work in question consists of an alteration : and-

(b) where the building work is-

(i) solely for the purpose of providing means of access to enable disabled persons to get into or out of an existing building and to or from any part of it, or of providing facilities designed to secure the greater health, safety, welfare or convenience of such persons ; and

(ii) is to be carried out in relation to-

(a) an existing building to which members of the public are admitted (whether on payment or otherwise) ; or

(b) an existing building which is , or is to be, occupied by a disabled person.

(2) The Council will not recover a charge which consists solely of a charge in respect of building work for the provision or extension of a room in a dwelling where it is satisfied that the sole use of the room is or will be-

(a) for the carrying out of medical treatment of a disabled person which cannot be reasonably be carried out in any other room of the dwelling ; or

(b) for the storage of medical equipment for the use of a disabled person ; or

(c) to provide necessary accommodation or a necessary facility by adapting or replacing accommodation or a facility which already existed within the dwelling which was incapable of being used, or used without assistance, by the disabled person.

(3) For the purposes of this Scheme, disabled person means a person who is within any of the descriptions of persons to whom section 29(1) of the National assistance Act 1948 (a) applied, as that section was extended by section 8(2) of the Mental Health Act 1959)(b), but not taking into account amendments made to section 29(1) by paragraph 11 of schedule 13 to the Childrens Act 1989(c).

(6) Estimates to be provided in certain cases (1) No later than the time when plans are deposited with the Council under section 16 of the Act, or a building notice given to the Council, they shall, except in the case of building work described in regulation 7(1) ; have received a written estimate of the cost of the building work.

(2) Where building work of a kind -

(a) not described in regulation 7(1); and

(b) in respect of which a reversion charge is payable, reverts to the control of the Council, any plans relating to that building work given to the Council in accordance with regulation 18 of the Approved Inspectors Regulations shall be accompanied by a current estimate in writing of the cost of that building work.

SCHEDULEI

CHARGES FOR ONE OR MORE SMALL DOMESTIC BUILDINGS AND CONNECTED WORK

1 . Plan Charge - The plan charge is payable in respect of the erection of one or more small domestic buildings it shall be the total of the sums shown in , or calculated by reference to columns (2) and (3) of the Table in this schedule as relevant for the number of dwellings in that building or those buildings .

2. Inspection Charge - The inspection charge payable in respect of the erection of one or more small domestic buildings or connected works is the total of the sums shown in, or calculated by reference to, coloumns (4) and (5) of the Table in theis Schedule.

3. Building Notice Charge- The building notice charge payable in respect of the erection of one or more small domestic buildings is the total of the plan charge and inspection charge which would be payable in accordance with the Table in this Sschedule if plans for the carrying out the building .work had been deposited in accordance with the Principal Regulations.

4. Reversion Charge - The reversion charge payable in respect of the erection of one or more small domestic buildings is the amount of building notice charge which would be payable in accordance with these Regulations if a building notice in relation to the carrying out of that building work had been deposited in accordance with the Principal Regulations.

5. Regularisation Charge - The regularisation charge payable in respect of the erection of one or more small domestic buildings is an amount equal to 120 percent of the total of the building notice charge which would be payable in accordance with the Table in this Schedule if a building notice in relation to the carrying out of that building work had been deposited at the time of the application for regularisation in accordance with the Principal Regulations.

6. For the purposes of the Table, the reference in the heading to column (1) is a reference to the number of dwellings in the building or building referred to in paragraph 1 above. SCHEDULE 1

CHARGES FOR ONE OR MORE SMALL DOMESTIC BUILDINGS AND CONNECTED WORK

Plan Charge - The plan charge is payable in respect of the erection of one or more small domestic buildings it shall be the total of the sums shown in , or calculated by reference to columns (2) and (3) of the Table in this schedule as relevant for the number of dwellings in that building or those buildings .

2. Inspection Charge - The inspection charge payable in respect of the erection of one or more small domestic buildings or connected works is the total of the sums shown in, or calculated by reference to, coloumns (4) and (5) of the Table in theis Schedule.

3. Building Notice Charge- The building notice charge payable in respect of the erection of one or more small domestic buildings is the total of the plan charge and inspection charge which would be payable in accordance with the Table in this Sschedule if plans for the carrying out the building work had been deposited in accordance with the Principal Regulations .

4. Reversion Charge - The reversion charge pa~able in respect of the erection of one or more small domestic buildings is the amount of building notice charge which would be payable in accordance with these Regulations if a building notice in relation to the carrying out of that building work had been deposited in accordance with the Principal Regulations.

5. Regularisation Charge - The regularisation charge payable in respect of the erection of one or more small domestic buildings is an amount equal to 120 percent of the total of the building notice charge which would be payable in accordance witli` the Table in this Schedule if a building notice in relation to the carrying out of that building work had been deposited at the time of the application for regularisation in accordance with the Principal Regulations.

6. For the purposes of the Table, the reference in the heading to column (1) is a reference to the number of dwellings in the building or building referred to in paragraph 1 above. TABLE

Charges For Small Domestic Buildings Number of Plan Charge Inspection Charge dwellings Basic Additional charge for each dwelling above the Basic Additional charge for charge minimum number in the band in column (1) charge each dwelling above the minimum number in the band in column (1)

(1) (2) (3) (4) (5) £ £ £ £

1 147 - 168 - 2 215 - 315 - 3 284 - 457 - 4 352 - 604 - 5 425 - 746 - 6 499 - 824 - 7 520 - 992 - 8 541 - 1160 - 9 562 - 1328 - 10 567 - 1512 - 11 572 - 1659 - 12 578 - 1806 - 13 583 - 1953 - 14 588 - 2100 - 15 593 - 2247 - 16 599 - 2394 - 17 604 - 2541 - 18 609 - 2688 - 19 614 - 2835 - 20 620 - 2982 - 21 to 30 630 11 3087 105 31 and over 735 5 4137 79 SCHEDULE 2

CHARGES FOR CERTAIN SMALL BUILDINGS, EXTENSIONS AND ALTERATIONS

1 . Calculation of Charges

For building work specified in column (1) of the Table in this Schedule:

(a) Plan Charge - the plan charge payable is the amount, if any shown in column (2) of the table in relation to that building work;

(b) Inspection Charge - the inspection charge payable is the amount , if any shown in column (3) of the Table in relation to that building work;

(c) Building Notice Charge - the building notice charge payable is the amount shown in column (4) of the Table in relation to that building work;

(d) Reversion Charge - the reversion charge payable is the amount shown in column (4) of the Table in relation to that building work; .

(e) Regularisation Charge - The regularisation charge payable is the am'ount shown in column (4) of the Table in relation to that building work; .

2. Interpretation of Schedule

(a) Where the building work in question comprises or includes the erection of more than one extension of a building used or intended to be used for the purpose of a single private dwelling, the total floor areas of all such extensions may, be aggregated in determining the charge payable in accordance with the Table in this Schedule.

(b) In the Table in this Schedule : a reference to a dwelling is a reference also to a building consisting of a garage or carport or both which is occupied in common with a house or with a building consisting of flats or maisonettes or both . u SCHEDULE2

Charges For Certain Small Buildings, Extensions and Alterations

Type of Work Amount of Amount of Amount of Amount of Plan Charge Inspection Building Regularisati Charge Notice Charge on Charge or Reversion Charge 1) 2) (3) (4) (5) £ £ £ £

1 . Erection of a detached 25 75 100 120 building which consists of a garage or carport or both having a floor area not exceeding 40m2 in total and intended to be used in common with an existing building, and which is not an exempt building .

2. Any extension of a 200 200 240 dwelling the total floor area of which does not exceed 10m2, including means of access and work in connection with that extension.

3. Any extension of a 79 236 315 378 dwelling the total floor area of which exceeds 10m2, but does not exceed 40m2, including means of access and work in connection with that extension.

4. Any extension of a 105 315 420 504 dwelling the total floor area of which exceeds 40m2 but does not exceed 60m2, including means of access and work in connection with that extension SCHEDULE 3

WORK OTHER THAN WORK TO WHICH SCHEDULES 1 AND 2 APPLY

1 . Building Notice Charge and Reversion Charge

The amount of any building notice charge or reversion charge for any building work shall be that shown in the Table to this Schedule, in relation to the estimated cost of that building work.

2. Plan Charge

(a) The amount of any plan charge for building work the estimated cost is £5,000 or less shall be the amount of the building notice charge which would by virtue of paragraph 1 be payable in respect of that work

(b) The amount of the plan charge for any building work the estimated cost of which is more than £5,000 shall be 25 percent of the building notice charge which would by virtue of paragraph 1 be payable in respect of that work. ;

3. Inspection Charge

(a) No Inspection Charge is payable in respect of any building work the estimated cost of which is £5,000 or less, notwithstanding that an inspection is carried out.

(b) The amount of the inspection charge for any building work the estimatedicost of which is more than £5,000 shall be 75 percent of the building notice charge which would by virtue of paragraph 1 be payable in respect of that work.

4. Regularisation Charge

The amount of the regularisation charge for any building work shall be 120 percent of the building notice charge which would by virtue of paragraph 1 be payable in respect of that work. 11

SCHEDULE 3

Calculation of Charges For All Other Building Work

1 . Where the estimated cost is £2000 or less £100.00

2 . Where the estimated cost exceeds £2,000, but does not exceed £5,000 £173.00 3 . Where the estimated cost exceeds £5,000, but does not exceed £20,000 (a) the sum of...... £173 .00 together with (b) for every £1,000 (or part thereof) by which the estimated cost exceeds £5,000 the sum of...... £9 .50

4 Where the estimated cost exceeds £20,000, but does not exceed £100,000 I (a) the sum of ...... £315 .50 together with (b) for every £1,000 (or part thereof) by which the estimated cost exceeds £20,000 the sum of ...... £8.40

5 . Where the estimated cost exceeds £100,000, but does not exceed £1,000,000 (a) the sum of...... £987.50 together with (b) for every £1,000 (or part thereof) by which the estimated cost exceeds £100,000 the sum of ...... £3.67

6. Where the estimated cost exceeds £1,000,000, but does not exceed £10,000,000 (a) the sum of ...... £4,290.50 together with (b) for every £1,000 (or part thereof) by which the estimated cost exceeds £1,000,000 the sum of ...... £2.89 7. Where the estimated cost exceeds £10,000,000 (a) the sum of...... £30,300 .50 together with (b) for every £1,000 (or part thereof) by which the estimated cost exceeds £10,000,000 the sum of...... £2 .10 APPENDIX 7

DEVELOPMENT COMMITTEE : 7 MARCH 2000

Major Proiects/Proposals :Progress

Royal Ordnance Site Planning permission for link road issued ("Waltham Park"), Waltham Abbey October 1996; road opened last month. Applications EPF/37/96 and EPF/38/96 Contact: John Preston granted August 1997, subject to Section 01992 564111 106 Agreement. Master Plan/detailed or brief agreed 08.09.98, updated 12.01 .99. Peter Geraghty Individual housing areas have been the 01992 564112 subject of specific applications and 4 phases have now been approved, including the first phase of the affordable housing.

Northern Gateway Access Road (NGAR) Planning application EPF/1277/96,for Waltham Abbey the portion of this development within Our area not determined . Includes Environmental Assessment . The >~ Committee decided in March 1999' To oppose the proposal, in line with ECC and LVRPA . Inquiry expected in 2000.

Royal Gunpowder Mills Site Comprehensive Business Plan for (ex RARDE), Waltham Abbey visitor attraction now produced giving detailed arrangements for setting 'up an initial 2 years of operation . Phase 1 expected to open in April 2001 on a seasonal basis (April-September). Residential development on western Flank, by Wilcon Homes, entering final Phase.

Metropolitan Police Training Site Although there are no planning powers Lippitts Hill to require the training site to relocate or Helicopter flights to cease because of Contact: Barry Land Crown Immunity, there have been 01992 564110 discussions with the Police Authority regarding alternative sites. The Police have indicated an intention to relocate firearms training but the time-scale is uncertain and are also considering options regarding the helicopter base . Grange Farm Development, Following public inquiry in July 1995, Chigwell outline planning permission granted on Appeal for a place of worship, subject Contact: Ian White to a Section 106 obligation and a 01992 564066 Management scheme for the open land. or However, relocation of Jehovas John Preston Witnesses from existing site jeopardised 01992 564111 by Trunk Roads Review. Clearance of existing buildings and structures has been in interests of safety. Alternative planning application for residential development of core area, refused at Full Council 20.07 .99. Public Inquiry Scheduled end March 2000. In the Meanwhile further planning application Submitted, with amended Section 106 Obligation (EPF/1842/99) - approved By Full Council 22 .02.00.

Old Station Road, Loughton J Sainsbury plc own land at Old Station Road and had objected to Deposit Local Contact: John Preston Plan on the grounds that it does not 01992 564111 incorporate the site in the defined town centre. Proposals by owners for retail store now emerging, with Member briefings. Widespread public consultation by Sainsburys in hand. Application expected soon.

Loughton Pool Redevelopment Outline planning permission granted 17.02 .97. A redevelopment of the Contact: Barry Land existing pool is being pursued; planning 01992 564110 permission granted 25.05.99 . Start delayed due to amendments necessary to secure a Lottery award but scheduled for March 2000 .

Debden Park High School Details of scheme agreed January 2000. Willingale Road, Loughton Route for construction traffic agreed by This Committee in February 2000. Contact: Alan Storah Details of associated traffic calming still To be finalised pending consultation with Relevant statutory bodies and safety Audit. Work expected to commence on Site in late February 2000. Future of Site of Former Ongar The District and County Councils Comprehensive School support the site's continued use for Employment, leisure and community Contact: Alan Storah purposes. County are pursuing private 01992 564100 finance involvement and a preferred builder has been selected. Policy and Co-ordinating Committee (February 2000) resolved that the proposals negotiated by officers (including affordable housing, adult and community education, enterprise centre, youth centre. Leisure facilities to replace the gymnasium, shared car parking provision, the freehold transfer of the leisure centre and a commuted sum for early termination of the leisure centre joint user agreement) be approved (subject to consideration of a planning application) . 0 Former Epping-Ongar Railway Line The major problem of the interchange Between the Epping-Ongar line and~the Contact: Alan Storah/I White Central Line at Epping Station is being 01992 564100/564066 addressed byl.U.L. and E.O.R.L. . although there is, as yet, no solution. The planning application for the halt adjacent to Kendall Avenue, Epping has been withdrawn.

Town Centre Partnerships Partnerships agreed in principle with ;:, Other parties for six main town centres; Contact: Alan Storah/I White steering groups established and 01992 564100/564066 programmes of work initiated . Finance or agreed by District Council for pump- Phil Vohmann priming support 1999-00, supplemented 01992 564289 by Council officers. Business Plans agreed or in preparation, for all partnerships .

Dc7march .sm