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Contact: Democratic Services 01799 510430
Note: A problem has been reported in relation to accessing the decision notice through the link contained within the minutes when using the web browser Internet Explorer. The link is correct and the decision notice can be accessed directly from the minutes by using the web browser Microsoft Edge. Alternatively, the decision notice can be found by searching for application UTT/18/0460/FUL on the planning application portal https://publicaccess.uttlesford.gov.uk/online-applications/search.do?action=simple&searchType=Application
Statement of the Chair
The Chair welcomed those present and stated that in order to comply with the Council’s duty of care to its staff and Members the meeting would take place over two non-consecutive days. Day One would be devoted to public speakers and anyone with a pre-prepared text was requested to deposit a copy with the Democratic Services Officer. The meeting would adjourn at approximately 4.00PM and would reconvene on 24th January 2020.
It was further stated that planning permission had been granted on 14th November 2018 subject to conditions and to the entering into of a legally compliant S106 agreement. There was no lawful reason to revisit that decision and the purpose of the present meeting was to consider the adequacy of the mitigation package contained within the S106 agreement the text of which was included in the documents pack. The Council’s officers and external legal advisers all considered that it complied with Regulation 122 of the Community Infrastructure Levy Regulations 2010 as amended. This is a mandatory requirement and anything more than that Regulation permitted would be void.
The Chair stated that the purpose of the Two Day meeting, as stated in the agenda, was to consider whether, having regard to the facts, circumstances and policies now applicable and to the earlier resolution in favour of the application, the information that has been so far supplied in support of the application UTT/18/0460/FUL is sufficient to convince the Council that it should authorise the grant of planning permission for that development application or whether than information falls short of doing so.
The Chair also referred to the resolution of the Extraordinary Council Meeting held on 28 June 2019.
Officers confirmed that the draft S106 agreement as it stood complied with Regulation 122 Community Infrastructure Levy Regulations 2010 as amended This is a mandatory requirement and anything more than the Regulation permitted would be illegitimate and could be struck down by a Court.
Apologies for Absence and Declarations of Interest
To receive any apologies for absence and declarations of interest.
Councillor Fairhurst said he sat on the Planning Committee when this application was considered in November 2018. He entered the meeting with an open mind.
Councillor Reeve said he was a ward member for Broad Oak and the Hallingburys and entered the meeting with an open mind.
Councillor Freeman said he sat on the Planning Committee when this application was considered in November 2018. He entered the meeting with an open mind.
Councillor Loughlin said she sat on the Planning Committee when this application was considered in November 2018. She entered the meeting with an open mind.
Councillor Sutton said she was a member of Stop Stansted Expansion. She entered the meeting with an open mind and did not pre-determine.
Councillor Bagnall said he was a ward member for Takeley.
Councillor Lemon said he was the ward member for Hatfield Heath and sat on the Planning Committee when this application was considered in November 2018. He entered the meeting with an open mind.
Members of the public who had registered their intention to speak gave statements to the Committee. A full list of those that supported, objected and commented on the application is included in the table below.
The meeting adjourned at 3.50pm until 11.00am 24th January 2020.
District Councillors Speaking Session
The meeting reconvened at 11.00am on 24 January 2020.
The Chair welcomed people to the meeting and confirmed the procedure that would be followed. The Chair clarified that the purpose of the meeting stemmed from the resolution of the Extraordinary Council Meeting held on 28 June 2019 and read as follows:
In accordance with Section 70(2) of the Town and Country Planning Act 1990 as amended by Section 143(2) of the Localism Act 2011 to instruct the Chief Executive and fellow officers not to issue a Planning Decision Notice for planning application UTT/18/0460/FUL unless and until the Council's Planning Committee have had a sufficient opportunity to consider in detail, as timely as possible: (i)the adequacy of the proposed Section 106 Agreement between UDC and Stansted Airport Ltd, having regard to the Heads of Terms contained in the resolution approved by the Council's Planning Committee on 14th November 2018; (ii) any new material considerations and/or changes in circumstances since 14 November 2018 to which weight may now be given in striking the planning balance or which would reasonably justify attaching a different weight to relevant factors previously considered; And thereafter ask the Planning Committee to determine the authorisation of the issue of a Planning Decision Notice.
Those Members who making declarations of interest on 17 January confirmed their declarations.
Additionally, Councillor Sell said he was a ward member for Stansted North. He entered the meeting with an open mind.
Councillors Gregory, Light, Dean, Caton, Day, Gerard and Foley made statements to the Committee.
The Solicitor read out a statement from Robert Jones of Hatfield Heath, which had been unavailable at the session on 17 January 2020.
Brian Ross and Paul Stinchcombe gave a Powerpoint presentation on behalf of Stop Stansted Expansion. A copy of this presentation is annexed hereto.
Ken O’Toole and John Twigg made a statement on behalf of Manchester Airports Group, the Applicant in this matter. A copy of this statement is annexed hereto.
Break for lunch 1305 to 1405
To consider whether to approve the issue of the decision notice for UTT/18/0460/FUL – Stansted Airport.
The Director – Public Services distributed a new paper titled ‘speaking notes’.
A point of order was raised by Cllr Fairhurst. He stated that it was not normal practice for the case officer to give a second written report in response to matters arising out of public speaking to the Committee.
In response the Development Manager stated that it was standard practice for any necessary clarification to be provided to Members following the close of public participation and that normally this was supplied by himself. The Solicitor confirmed this and stated that the Director – Public Service would provide that clarification but that in this case a written note had been provided to assist Members in their deliberations.
The Director – Public Services gave a verbal report
to the Committee. He said there needed to be