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Planning policy

EFSAC protocol for releasing planning decisions

15 May 2021

EFAC update on releasing decisions

Following on from the initial update in February, the Council’s officers are pleased to advise they remain on target to release some of the first quota of planning decisions identified by the end of May 2021. Planning applications which still require the resolution of S106 matters and/or where additional information has been requested in connection to assessing the impact on the EFSAC will continue to remain a priority for release as soon as possible.

Concurrent to this process, senior officers are continuing their review of all remaining planning applications held in abeyance with the aim of completing this exercise by the end May 2021, and with further written advice of the next steps to follow shortly after.

Given the significant scale of the task remaining, we remain grateful if applicants and their agents refrain from contacting officers for further updates until they have been contacted specifically about their application. We appreciate every application is important and reassure you that every effort is being made to process your application in the quickest time possible.

February 2021

The Extraordinary General Meeting of Full Council on the 8 February 2021 has now confirmed its decision to adopt the ‘Interim Air Pollution Mitigation Strategy’ (APMS December 2020), and alongside the interim strategy for managing recreational pressures (adopted October 2018), will form the combined approach for mitigating the effects of new development on air quality and recreational pressure impacts on the Epping Forest Special Area of Conservation (EFSAC).

As a result of this decision, these documents are material planning considerations in the determination of planning applications. Officers have prepared the following additional information and guidance for both applicants and agents that clarify the process for dealing with affected planning applications in the most timely and effective way possible.

The working protocol

Given the number of planning decisions that have been held in abeyance to date, it has been necessary for officers to establish a working protocol that prioritises how each planning application is going to be dealt with and the additional information you will need to provide to facilitate their release.

The protocol for issuing planning decisions will therefore be in the following order of priority:

Applications that have a committee resolution to grant planning permission
Applications that are either allocated or designated sites which comply with the ambitions of the emerging Epping Forest Local Plan Submission Version 2017 (as amended)
All other applications in date order of validation (oldest first)

Please note that officers will be unable to make any exceptions for individual cases although seek to reassure that every application will be given the required priority as stated above.

Information you will need to provide

In the majority of the cases concerned, applicants and agents should be aware of the nature of planning obligations that will need to be secured in order to mitigate the effects of their development proposals.

However, in certain circumstances there may be a requirement for you to provide further information before officers can determine the precise nature and/or level of S106 planning obligations that will need to be secured. In all instances, officers will be making contact with you to advise further in accordance with the working protocol above. Please do not provide any completed legal agreements or further submissions until requested to do so.

For cases where the planning obligations relate exclusively to securing financial contributions towards mitigating the impacts of new development on air quality and recreational pressures on the EFSAC, the Council has prepared two different versions of a S106 Unilateral Undertaking (UU) proforma (see below) which gives applicants the choice of whether to pay the requisite planning obligations upon completion of the S106 Agreement or alternatively upon commencement of the development. You may wish to obtain your own independent legal advice before completing and returning the S106 pro-forma. The ‘Explanatory Notes’ attached below have been prepared to guide you and/or your legal representative in completing the S106 UU correctly. Only one S106 UU is required to be completed and returned to officers.

S106 UU proforma A and explanatory note

To be used where applicant agrees to paying contributions upon completion of the agreement.

S106 UU proforma B and explanatory note

To be used where an applicant agrees to paying contributions upon commencement of development.

When you have completed the S106 Agreement (as applicable) email SAC@eppingforestdc.gov.uk in the first instance.

Where cases involve bilateral / multilateral planning obligations, e.g. requirement to secure onsite provision for Affordable Housing or S.278 Highway Works obligations, you will be contacted by officers to advise further on how these will be progressed.

The requisite fee for processing the abovementioned S106 UU’s is £225 (no VAT) and will need to be paid with the return of the completed and signed S106 Agreement. Unfortunately due to the impact of coronavirus the council is unable to accept cheque payments.

All legal fees and financial contributions (as applicable) should be made by electronic transfer (BACS or CHAPS) to the following bank account details:

Account name Epping Forest District Council
Account number 56340001
Sort code 60 07 39
Bank Name National Westminster Bank Plc, Epping Branch, 279 High Street CM16 4BT

All payments must quote your unique planning case reference with the pre-fix SAC, e.g. SAC/EPF/XXXX/XX. Legal fees, or financial contributions to be paid upon signing of the S106 Agreement, that are not paid as agreed will result in a delay to the issuing of your decision.

Relevant EFSAC interim mitigation strategies

Full details of the adopted ‘interim strategies’ for mitigating recreational pressure and air pollution on the EFSAC, which also includes the relevant planning tariffs to be applied, are attached below.

Officers will be writing to every applicant to clarify what additional information (if any) will be required. Subject to receiving the additional and correctly completed information (as applicable), officers anticipate that the majority of decisions can be released by the end of May 2021. To ensure this process can work successfully we would be grateful if you could refrain from contacting individual officers until you have heard from us.

In the meantime, officers would again like to extend our appreciation for your continued patience in this matter and look forward to working with you to resolve this matter as efficiently and effectively as possible.