Apologies were received from Cllrs Fryd, McLaren and Mrs Tierney, substituted by Cllrs Laplain, Bridge and Tanner respectively.

The minutes of the Planning and Licensing Committee meeting held on 12 March 2019 were agreed to be a true record.

Minutes of the Licensing Sub Committee on 22^nd March 2019, 5^th April 2019 and 1^st May 2019.

The minutes of Licensing Sub-committee meetings held on 22 March 2019,

5 April 2019 and 1 May 2019 were agreed to be true records.

Report to follow.

Members were reminded that at Annual Council on 15^th May 2019, the terms of reference for each of the Council’s committees for the municipal year 2019/2020 were approved.

Part 3.1 of the Constitution listed the powers and duties of the Committees appointed by Annual Council for 2019/2020 and this was subject to an amendment made by the individual committees throughout the year with Council’s approval.

The proposed Terms of Reference for Planning & Licensing Committee were appended to the report before members for their consideration.

Cllr McCheyne requested and received confirmation that Planning Enforcement was included within the Committee’s Terms of Reference.

Cllr Miss Sanders MOVED and Cllr McCheyne SECONDED the recommendations in the report and a vote was taken on a show of hands.

It was RESOLVED UNANIMOUSLY that:

1. The Committee notes the Terms of Reference (Appendix A to the report) of the  Planning & Licensing Committee.

2.Any amendments addressed by the Committee are reported to Chief Operating Officer/Corporate and Democratic Services Manager and a report to be taken to appropriate Ordinary Council Meeting for approval.

Reason for recommendations

The Council operates a committee system form of governance and is required by law to establish certain committees and has discretion to appoint other committees to facilitate the effective conduct of business under that committee system.

Members were advised that over the last 2-3 years there had been a steady proliferation of the number of Uber vehicles operating in the Brentwood area as they spread outside of London utilising their TFL licence and this was having a significant impact on the level of business for the local licensing Hackney Carriage and Private Hire trade who reported  a 40% decrease in business. The report before Members sought to inform the Planning and Licensing Committee of the current legal position, the representations and concerns from the Brentwood Borough Taxi Drivers Association (BBTDA), the actions already taken by officers and national developments.

A number of taxi drivers attended the meeting and the Chair agreed that two representatives – Mr Earl and Mr Topley - could speak on behalf of the BBTDA.

Members were advised that ultimately the legality of the situation was still a matter of opinion.  There was no direct legal authority as to whether Uber vehicles operating in the area was lawful or not and the courts would have to make that decision.  Details of opposing legal opinions were appended to the report for Members’ information.

Members sympathised with the difficulties faced by local taxi firms and drivers and agreed that local traders should be supported.   Their main concern was the safety of those travelling by taxi.  It was noted that TFL licensing standards – which Uber vehicles needed to achieve – were lower than those imposed by Brentwood Council.

Members were advised that Brentwood Licensing Officers had no enforcement powers over the TFL vehicles or drivers that were working in the borough to ensure that they were compliant with the conditions of their licence and that their vehicle was in a safe and suitable condition.

However, two joint operations had been undertaken with TFL’s Taxi and Private Hire Compliance Team in Brentwood, undertaking checks on both Brentwood and TFL vehicles and drivers. More dates had been organised for this to continue.

Cllr Mynott MOVED and Cllr McCheyne SECONDED the recommendations in the report.

In response to a Member’s question regarding the Committee’s ability to take a more radical approach to the issues outlined in the report Mr Atkar, Planning Lawyer,  advised this could only achieved through prosecution.

Following a full discussion a vote was taken on a show of hands and it was

RESOLVED UNANIMOUSLY that:

1.    Members consider the representation in the letter and oral representations from the BBTDA.

2.    Agree for a letter to be sent to Uber asking them to withdraw from Brentwood or apply for an Operator’s Licence with Brentwood Borough Council.

Construction of a detached house and garage.

The application had been referred by Cllrs Mrs Pound, Mrs Rowlands and Tumbridge due to the number of objections raised by local residents.

Cllr Mrs Pound, Ward Member, advised that whilst a vast number of objections had been received she had not been directly approached by residents.

Cllr Fryd, Ward Member, declared that he knew the applicant and therefore did not speak about the application.

Miss Lai was present and addressed the Committee in objection to the application.

Mr Longhurst, the applicant, was present and addressed the Committee in support of the application.

Cllr Mynott MOVED and Cllr McCheyne SECONDED that the application be

REFUSED . Following a discussion a recorded vote was taken and Members voted as follows:

 FOR:  Cllrs Chilvers, Haigh, Keeble, Kerslake, Laplain, McCheyne, Morrissey,  Mynott, Sanders, (9)

AGAINST:  Cllrs Bridge, Jakobsson and Tanner  (3)

ABSTAIN:  (0)

The application was REFUSED for the following reasons:

The building would be out of character with the surrounding development context; impact of driveway adjacent to No. 8 Worrin Road (noise and disturbance along access) CP1(i), (ii) and (iii) and Loss of trees, conflicts with C5.

Application for approval of reserved matters for scale, layout, appearance of buildings, access, and landscaping details pursuant to condition 1 of outline permission 16/01805/out  for (outline application for demolition of existing police station buildings, conversion of la plata house to residential use and development of upto 70 new residential dwellings (all matters reserved) for the conversion of la plata to 4 x duplex dwellings and construction of two residential blocks of flats between 3 and 4 and half storeys consisting of 22x 1 bed, 36x 2 bed and 8 x 3 bed flats, with associated landscaping, parking and access.

APPLICATION FOR APPROVAL OF RESERVED MATTERS FOR SCALE, LAYOUT, APPEARANCE OF BUILDINGS, ACCESS, AND LANDSCAPING DETAILS PURSUANT TO CONDITION 1 OF OUTLINE PERMISSION 16/01805/OUT  FOR (OUTLINE APPLICATION FOR DEMOLITION OF EXISTING POLICE STATION BUILDINGS, CONVERSION OF LA PLATA HOUSE TO RESIDENTIAL USE AND DEVELOPMENT OF UPTO 70 NEW RESIDENTIAL DWELLINGS (ALL MATTERS RESERVED) FOR THE CONVERSION OF LA PLATA TO 4 X DUPLEX DWELLINGS AND CONSTRUCTION OF TWO RESIDENTIAL BLOCKS OF FLATS BETWEEN 3 AND 4 AND HALF STOREYS CONSISTING OF 22X 1 BED, 36X 2 BED AND 8 X 3 BED FLATS, WITH ASSOCIATED LANDSCAPING, PARKING AND ACCESS.

The application was a major development of strategic importance to the Borough and therefore had been referred to Members for a decision.

Mr Mikolaczyk was present and addressed the Committee in objection to the application.

Mr Martin, representing the developer, was present and addressed the Committee in support of the recommendation.

Cllr Chilvers MOVED and Cllr Mynott SECONDED that the application be REFUSED.

Following a discussion a recorded vote was taken and Members voted as follows:

 FOR:  Cllrs Chilvers, Haigh, Keeble, Laplain, Morrissey and  Mynott (6)

AGAINST:  Cllrs Bridge, Jakobsson , Kerslake, McCheyne, Miss Sanders and Tanner  (6)

ABSTAIN:  (0)

The Chair used her Casting Vote and therefore the MOTION was LOST.

The Chair, Cllr Miss Sanders, MOVED and Cllr McCheyne SECONDED that the application be APPROVED then WITHDREW the Motion and MOVED that the application be DEFERRED.

A recorded vote was taken and Members voted as follows:

For:  Cllrs Bridge, Chilvers, Haigh, Jakobsson, Keeble, Kerslake, Laplain, McCheyne, Morrissey,  Mynott, Miss Sanders and Tanner.(12)

Against:  (0)

Abstain (0)

It was RESOLVED UNANIMOUSLY that the application be DEFERRED to enable additional information to be sought in relation to the following concerns expressed by Members:

·             Safety issues relating to the pedestrian access to La Plata Grove

·           Noise and pollution issues relating to the elevated parking adjacent to La Plata

Outline application within car park of existing residential block comprising 31 flats, including 11 affordable units and parking provided at a ratio of 0.9 spaces per dwelling (appearance and landscaping reserved matters).

OUTLINE APPLICATION WITHIN CAR PARK OF EXISTING RESIDENTIAL BLOCK COMPRISING 31 FLATS, INCLUDING 11 AFFORDABLE UNITS AND PARKING PROVIDED AT A RATIO OF 0.9 SPACES PER DWELLING (APPEARANCE AND LANDSCAPING RESERVED MATTERS)

The application had been referred by Ward Member Cllr Chilvers.

Cllr Chilvers and fellow Ward Members, Cllr S Cloke and Cllr Naylor spoke in objection to the application.

Mr Rafferty, representing the Developer, addressed the Committee in support of the application.

Cllr Kerslake MOVED and Cllr Tanner SECONDED that the application be APPROVED.

Following a discussion a recorded vote was taken.  Cllr Chilvers, having referred the application to Committee, was precluded from voting.  Members voted as follows:

FOR:  Cllrs Jakobsson, Kerslake, McCheyne and Tanner (4)

AGAINST:  Cllrs Haigh, Keeble, Laplain, Morrissey, Mynott  and Miss Sanders (6)

ABSTAIN:  Cllr Bridge (1)

The MOTION was LOST.

Cllr Mynott MOVED and Cllr Morrissey SECONDED that the application be REFUSED.

Members voted as follows:

FOR:  Cllrs Haigh, Keeble, Laplain, Morrissey and Mynott  (5)

AGAINST:  Cllrs Jakobsson, Kerslake and Tanner (3)

ABSTAIN:  Cllrs Bridge and Miss Sanders (2)

The application was REFUSED for the following reasons:

The proposal was unacceptable as it would have an unacceptable detrimental impact on visual amenity, the character and appearance of the surrounding area, on the general amenities of occupiers of Regent House and the occupiers of the proposed development by way of overlooking, lack of privacy and overbearing effect. The development did not represent a high standard of design and layout compatible with its location and surrounding development in terms of size, siting, scale, style, design and materials. The proposal therefore failed to comply with Policy CP1 of the Brentwood replacement local plan 2005.

Works to chapel ruins to include hard and soft landscaping, planting and tree pruning works, replacement of street furniture and pavement re-surfacing.  Alterations to shopfronts facade across the centre including 40-42 high street.  Change of use of from use class A1 to A3 at units 25-27 and units 23-24, and use class A1 to D2 at units SU12 and SU13 (both ground and first floors), 115sq.m of external restaurant/cafe space at chapel high, associated drainage and utilities works.

WORKS TO CHAPEL RUINS TO INCLUDE HARD AND SOFT

LANDSCAPING, PLANTING AND TREE PRUNING WORKS, REPLACEMENT OF STREET FURNITURE AND PAVEMENT RE-SURFACING. ALTERATIONS TO SHOPFRONTS FACADE ACROSS THE CENTRE INCLUDING 40-42 HIGH STREET. CHANGE OF USE OF FROM USE CLASS A1 TO A3 AT UNITS 25-27 AND UNITS 23-24, AND USE CLASS A1 TO D2 AT UNITS SU12 AND SU13 (BOTH GROUND AND FIRST FLOORS), 115SQ.M OF EXTERNAL RESTAURANT/CAFE SPACE AT CHAPEL HIGH, ASSOCIATED DRAINAGE AND UTILITIES WORKS.

Planning permission was sought for works to the surrounding chapel ruins to include re-surfacing of the pavement, removal of enclosures around the Scheduled Ancient Monument (SAM), replacement street furniture (benches and new display board); works to trees and the addition of a sculptural ‘living’ wall. As part of the refurbishments, repairs and maintenance work would be undertaken to the SAM which comprised the ruins of the Tower of the Chapel of St Thomas A Becket although all the original fabric of the ruins would be preserved. The alter was proposed to be retained as existing.

The application also sought permission for the amalgamation and change of use of smaller units from Class A1 retail to Class A3 restaurant/café along with the use of external space; replacement shopfront windows and new signage at façade level changes to the layout and use of Units SU12 and SU13 to provide for a Use Class D2 (Assembly and Leisure);. No extensions were proposed as part of the application.

Fr Mark North of St Thomas of Canterbury Church was present and addressed the Committee in support of the application.

Alex Chapman, representing the Developer, was present and addressed the Committee in support of the application.

Ward members Cllrs Gareth Barrett and Morrissey were supportive of the application.

Cllr McCheyne MOVED and Cllr Bridge SECONDED that the application be APPROVED, subject to a restriction on hot food being taken away from the proposed restaurant.

Members voted as follows:

For:  Cllrs Bridge, Chilvers, Haigh, Jakobsson, Keeble, Kerslake, Laplain, McCheyne, Morrissey,  Miss Sanders and Tanner.(11)

Against:  Cllr Mynott (1)

Abstain (0)

The application was APPROVED subject to the following conditions:

Submission of a Unilateral Undertaking by the applicant to secure works around the chapel and additional condition to restrict the use of the units so that no hot food takeaway can be provided.

1 Standard Time - Full

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2 Drawings

Unless formally permitted by the local planning authority the development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) listed above and specifications.

Reason: To ensure that the development is as permitted by the local planning

authority and for the avoidance of doubt.

3 New Materials

Notwithstanding the submitted drawings, details and samples of all new materials within  ...  view the full minutes text for item 40.

Demolition of existing garages and construction of 1 x 2 bedroom dwelling and 2 x 3 bedroom dwellings.  Widening of existing access road to 6m and refuse improvements at the rear of Whittington Road.

DEMOLITION OF EXISTING GARAGES AND CONSTRUCTION OF 1 X 2

BEDROOM DWELLING AND 2 X 3 BEDROOM DWELLINGS. WIDENING OF EXISTING ACCESS ROAD TO 6M AND REFUSE IMPROVEMENTS AT THE REAR OF WHITTINGTON ROAD.

The application was being presented to the planning committee as Brentwood Borough Council was the applicant.

Ward Councillor Cllr Tanner spoke in support of the application and advised that local residents also supported the proposals.

Cllr Miss Sanders MOVED and Cllr McCheyne SECONDED a Motion to APPROVE the application.

During the discussion Members requested that the security of the adjacent green be addressed to prevent illegal incursions.

Following the discussion Members voted as follows:

For:  Cllrs Bridge, Chilvers, Haigh, Jakobsson, Keeble, Kerslake, Laplain, McCheyne, Morrissey, Mynott, Miss Sanders and Tanner.(12)

Against:  (0)

Abstain (0)

The application was APPROVED subject to the following conditions:

1 TIM01 Standard Time - Full

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2 DRA01A Development in accordance with drawings

The development hereby permitted shall not be carried out except in complete

accordance with the approved drawing(s) listed above and specifications.

Reason: To ensure that the development is as permitted by the local planning

authority and for the avoidance of doubt.

3 MAT02 Samples (details not acceptable)

Notwithstanding the details indicated in the application, no development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Reason: In order to safeguard the character and appearance of the area.

4 U30421

The first floor window(s) on the north facing elevation serving bathrooms shall be:-

a) glazed using obscured glass to a minimum of level 3 of the "Pilkington" scale of obscuration. The windows shall be installed prior to the first occupation of the building or use of the room of which the window(s) is installed. Those windows shall remain so glazed. (Note the application of translucent film to clear glazed windows does not satisfy the requirements of this condition)

Reason: In order to prevent an unacceptable degree of overlooking of nearby

residential properties.

5 U30442

No development shall take place, including any works of demolition, until a

Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development

iv. the erection and maintenance of security hoarding including decorative displays

and facilities for public viewing, where appropriate

v.  ...  view the full minutes text for item 41.

The Committee was requested to approve retrospective authority in relation to an enforcement notice and application for an injunction to restrain unauthorised development on land within the Borough.  Although                            delegated authority existed for the enforcement notice and injunctive action retrospective authorisation was sought from the Committee to avoid any  suggestion of bias or unfairness against the Council based upon an undertaking given by the Council by letter in 2005 that all decisions relating to the instant site should be made by Planning Committee only and not under delegated authority.

Cllr McCheyne MOVED and Cllr Miss Sanders SECONDED the recommendations in the report and it was

RESOLVED UNANIMOUSLY accordingly.

There were no items of urgent business.