Apologies for absence were received from Cllrs Chilvers, Kerslake and McLaren and Cllrs Laplain, Bridge and Tanner substituted for them respectively.

The minutes of the Planning and Licensing Committee meeting held on 17 July 2019 were approved as a correct record.

The minutes of the Licensing Sub-committee meetings which took place on

2 July 2019 and 18 July 2019 were approved as true records.

Members were reminded that over the last 2-3 years there had been a steady proliferation of the number of Uber vehicles operating in the area as they spread outside of London utilising their TFL licence, which was having a significant impact on the level of business for the local licensing Hackney Carriage and Private Hire trade. A report to this committee was brought on 17July 2019, which considered the views of the Brentwood Borough Taxi Drivers Association (BBTDA), the current legal position and actions already taken by officers. It was resolved that a letter to be sent to Uber asking them to withdraw from Brentwood or apply for an Operator’s licence with Brentwood Borough Council. Details of the letter sent to Uber was appended to the report.

The response from Uber was also appended to the report which advised that they would not be making any significant changes to their business or applying for any new licences in the near future. They would wait for clarity of the Government’s considerations around the reform of the national Taxi and Private Hire regulatory framework before making any further changes.

Members were advised that at this stage the options open to the council to force change were limited and came with significant financial risk. Any litigation to challenge the legal position would be extremely costly, and the opinion of Counsel, sought on behalf of Brentwood Council and appended to the report,  did not support the view that any legal challenge would be successful.

Cllr Fryd declared a pecuniary interest in the matter and left the meeting, taking no part in the discussion or vote.

Mr Earl and Mr Smith addressed the Committee on behalf of the Brentwood Borough Taxi Drivers Association

Cllr Mynott MOVED and Cllr Morrissey SECONDED that a further letter be sent to Uber refuting the statement in their response to BBC’s first letter that it was ‘noted that you (Paul Adams) and the Licensing Committee all agree that our operations are legal in Brentwood.’

The Chair, Cllr Miss Sanders, agreed with this motion and MOVED and Cllr McCheyne SECONDED the recommendation that the Planning and Licensing Committee considered the response from Uber and that a further letter be sent to Uber advising that Committee members felt strongly that no representation had been made that Uber’s operation was legal or not legal and of the Committee’s concern that TfL licensing standards fell short of those of Brentwood Council, the safety of Brentwood residents and other passengers being paramount.  Any further response from Uber would be reported back to the Planning and licensing Committee.

Following a discussion a vote was taken on a show of hands and it was RESOLVED UNANIMOUSLY that:

1.    The Planning and Licensing Committee considered the response from Uber.

2.    A further letter be sent to Uber advising that Committee members felt strongly that no representation had been made that Uber’s operation was legal or not legal and of the Committee’s concern that TfL licensing  ...  view the full minutes text for item 158.

Members were advised that the Institute of Licensing had produced in partnership with the Local Government Association (LGA), Lawyers in Local Government (LLG) and the National Association of Licensing and Enforcement Officers (NALEO), guidance on determining the suitability of applicants and licensees in the hackney carriage and private hire trades.

This report before Members considered that guidance with a view to reviewing the Council’s Statement of Policy relating to the relevance of Convictions.

Cllr Miss Sanders MOVED and Cllr McCheyne SECONDED the recommendations in the report and following a full discussion it was

RESOLVED UNANIMOUSLY

That the Planning and Licensing Committee considers the guidance and agrees for the Councils Policy relating to the relevance of Convictions and pre licensing conditions for Operators licences to be reviewed and amended in line with the guidance. The revised policy to then to go out for public consultation, with the consultation response to be returned to this committee for consideration.

Reasons for Recommendation

Responses to consultation will need to be considered before amendments to the policy are approved.

Demolition of existing buildings and replacement with five dwellings

The application was referred to committee at the request of Councillor Cloke citing CP1 Overdevelopment of the site and GB1 development in the Green belt.

The application related to the demolition of the non residential buildings related to a now dormant equestrian establishment and the erection of five dwellings. The application form indicated that foul drainage would be to mains sewers.

Mrs Shilton was present and addressed the Committee in objection to the application.

Mr Kuschell, the agent,  was present and addressed the Committee in support of the application.

Cllr Caroline Russell, Parish Councillor for Ingatestone and Fryerning spoke in objection to the application.

Cllrs Cloke and Mrs Hones, Ward Members, spoke in objection to the application.

Cllr Miss Sanders MOVED and Cllr McCheyne SECONDED that the application be APPROVED with an additional condition that passing bays should be created in Hardings Lane.

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

FOR:  Cllrs Fryd, Haigh, Jakobsson, Keeble, Laplain, McCheyne, Morrissey, Miss Sanders, Tanner and Mrs Tierney (10)

AGAINST:  Cllr Bridge (1)

ABSTAIN:  Cllr Mynott (1)

The application was APPROVED subject to the following conditions.

Additional condition requiring the details of passing places along the latter part of Hardings Lane, to be submitted to and agreed by the LPA prior to works commencing.   Wording to be agreed with the Planning and Licensing Committee Chair and Vice-chair.

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          The existing building(s) or parts of buildings on the site indicated on the approved drawings and/or specifications for demolition shall be demolished and all materials arising shall permanently be removed from the site prior to the first occupation of any part of the development hereby permitted.

Reason: In the interests of maintaining the openness of the Green Belt.

4          The erection of new buildings shall not proceed above slab level until the following details have been submitted to and approved in writing by the local planning authority.

•           materials to be used in the external surfaces of the buildings

•           details of doors and windows

The development shall thereafter be carried out in accordance with the approved details.

Reason:  In order to safeguard the rural character of the greenbelt and the setting of the listed building.

5          Landscaping

The dwellings shall not be occupied until a landscaping scheme showing details of new trees, shrubs and hedges (including species mix,  ...  view the full minutes text for item 160.

Members were advised that the application had been withdrawn by the applicant earlier on the day of the meeting.

There were no items of urgent business.

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The meeting ended at 20.30hrs.