Agenda and minutes

To appoint a Vice-Chairman for the Municipal Year 2009/10.

RESOLVED:  To appoint Councillor Joyce Nickolay as Vice-Chairman of the Planning Committee for the 2009/2010 Municipal Year.

To agree requests to speak from Councillors who are not Members of the Committee, in accordance with Committee Procedure 4.1.

The Chairman explained that some London Boroughs limited backbenching to ward Councillors who were directly elected to represent the constituents in their ward.

It was moved and seconded that all four Members who had indicated their wish to speak and who were not Members of the Committee be allowed to speak for three minutes each.  This was put to the vote and lost.

It was moved and seconded that one Ward Councillor, who was not a Member of the Committee and had indicated that he wished to speak, be allowed to speak for a maximum of five minutes.  This was put to the vote and carried.

RESOLVED:  That Councillor Narinder Singh Mudhar, Ward Councillor, be allowed to speak for a maximum of five minutes on Planning Application 1/01 (51 College Road, Harrow).

[Note:  In the event the item was deferred for a site visit and the Member did not speak.]

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Committee;

(b)               all other Members present in any part of the room or chamber.

RESOLVED:  To note that the following interests were declared:

Item 1/01 – 51 College Road, Harrow

Councillor Navin Shah – personal interest as his bank was on the edge of the town centre.  He remained in the room during the discussion on the item.

Councillor Eileen Kinnear – personal interest as she lived and owned property in the town centre.  She remained in the room during discussion on the item

Item 2/02 – The Sacred Heart Language College, 186 High Street, Wealdstone

Councillor Keith Ferry – prejudicial interest because his daughter attended the school.  Accordingly, he would leave the room and take no part in the discussion or decision making process.

Item 2/07 – 4 Aylwards Rise, Stanmore

Councillor Marilyn Ashton – prejudicial interest as she had taken a personal interest as the Portfolio Holder.  Accordingly, she would leave the room and take no part in the decision making process.

(Councillor Mrs Nickolay took the Chair for the consideration of this application.)

That the minutes of the meetings of the Strategic Planning Committee on 22 April 2009 and the Development Management Committee held on 30 April 2009 (to follow) be taken as read and signed as a correct record.

RESOLVED:  That (1) the minutes of the Strategic Planning Committee held on 22 April 2009 be taken as read and signed as a correct record;

(2)  the minutes of the Development Management Committee held on 30 April 2009 be deferred to the next meeting.

To receive questions (if any) from local residents/organisations under the provisions of Committee Procedure Rule 19 (Part 4B of the Constitution).

RESOLVED:  To note that no public questions were put, or deputations received.

To receive petitions (if any) submitted by members of the public/Councillors.

RESOLVED:  To note the receipt of the following petitions in regard to Planning Application 1/01 – 51 College Road, Harrow:

·                     Roxborough Avenue, Roxborough Park and Adjacent Streets - 41 signatures

·                     Ashburnham Avenue and Ashburnham Gardens - 20 signatures

·                     The residents and workers of Harrow - 80 signatures

·                     Residents of Grove Hill Road - 14 signatures

·                     Old Post Office/Dandara Development - 83 signatures

·                     Roxborough Road Residents’ Association – 79 signatures

·                     Harrow Hill and other Harrow residents - 71 signatures

To receive references from Council and any other Committees or Panels (if any).

RESOLVED:  To note that there were no references from Council or other Committees.

To confirm whether representations are to be received, under Committee Procedure Rule 18 (Part 4B of the Constitution), from objectors and applicants regarding planning applications on the agenda.

RESOLVED:  That (1) in accordance with the provisions of Committee Procedure Rule 18 (Part 4B of the Constitution), representations be received in respect of item 1/01 on the list of planning applications;

(2)  in accordance with the provisions of Committee Procedure Rule 18, a maximum of two speakers be permitted to address the Committee on each item and the length of time for representations be for a maximum of five minutes each.

Report of the Head of Planning - circulated separately.

Members are reminded that, in accordance with the Planning Protocol, where Councillors disagree with the advice of the Chief Planning Officer, it will be the Members' responsibility to clearly set out the reasons for refusal where the Officer recommendation is for grant.  The planning reasons for rejecting the Officer's advice must be clearly stated, whatever the recommendation and recorded in the minutes.  The Officer must be given the opportunity to explain the implications of the contrary decision.

In accordance with the Local Government (Access to Information) Act 1985, an Addendum was admitted late to the agenda as it contained information relating to various items on the agenda.

PLANNING APPLICATIONS

The Head of Planning submitted reports in relation to the following applications for determination.

RESOLVED:  That authority be given to the Head of Planning to issue the decision notices in respect of the applications considered, as set out below.

(1)  51 COLLEGE ROAD, HARROW (APPLICATION 1/01)

Reference: P/1620/08/RS – (Dandara Limited). Revised Application For Redevelopment To Provide 410 Flats in 3 Blocks Ranging Between 3 & 19 Storeys In Height; 87 Car Parking Spaces In Basement, 3 Parking Spaces At Ground Floor Level; 442 Cycle Spaces, 7 Motorcycle Spaces; 1120 Square Metres Of A1, A2, A3, A4 & B1 Floor Space At Ground Floor Level; Creation of Public Square And Pedestrian Footbridge.

The Committee received representations from two objectors, Irene Wears and John Orchard, and the Applicant’s representative, Andrew Wagstaff, which were noted.

The officer advised the Committee that full consideration of this strategic development required that they consider:

·                     the policy context and consideration of the principle of the development;

·                     consideration of the context – sensitivities and key physical considerations and potential impacts;

·                     suitability of the development proposed by the applicants (including consideration of comments received through consultations/ notifications /petitions); and

·                     the response and impacts of the development in the context of the above and consideration of any mitigation proposed having regard to all information submitted.

In order to undertake this exercise, the officer advised the Committee that they needed:

·                     a thorough understanding of the planning policy context;

·                     a clear understanding of the details of the proposed development;

·                     a clear understanding of the context (local and wider) that the development was proposed to take place within; and

·                     to be able to use their understanding to consider the weight to be applied to all relevant material considerations in order to reach a decision.

Insofar as securing a full understanding of the context for the development, the officer had benefited considerably from a site visit encompassing a range of locations which had enhanced his understanding.

As a result of the advice from the officer, Members discussed a site visit, to include the vantage points, in order to understand the site, location and its relationship to the wider landscape.  It was proposed, seconded and agreed that the application be deferred for a Member site visit. It was agreed that accompanying officers would advise on the location of the development and its appearance from a variety of viewpoints.

DECISION:  DEFERRED for a Member Site Visit.

The Committee wished it to be recorded that the voting was as follows:

Councillors Husain Akhtar, Marilyn Ashton, Don Billson, Thaya Idaikkadar, Julia Merison and Joyce Nickolay as having supported a site visit and deferral,

Councillor Mrinal Choudhury as having abstained and Councillor Keith Ferry having voted against]

(2)  WHITMORE HIGH SCHOOL, PORLOCK AVENUE, HARROW (APPLICATION 1/02)

Reference: P/3539/08/RH – (  ...  view the full minutes text for item 9.

Report of the Head of Planning – for information

The Committee considered a request from Genesis Housing to vary a section 106 Agreement relating to 354?366 Pinner Road, Harrow dated 10 October 2006 (The Principal Agreement) made between the Council, the developer and a third party.

RESOLVED:  That a variation of the definition of ‘Affordable Housing’ in the Principal Agreement to allow some of the Key Worker Shared Ownership Units to be used for either shared ownership or intermediate rental accommodation be agreed.

Report of the Head of Planning – for information.

The Committee received a report from the Head of Planning which listed those appeals being dealt with and those awaiting decision.

RESOLVED:  That the report be noted.

Report of the Head of Planning – for information.

The Committee received a report of the Head of Planning which listed those enforcement notices awaiting compliance.

RESOLVED:  That the report be noted.

To arrange dates for Member site visits that have been agreed during the course of the meeting and at the Development Management Committee on 30 April 2009.

RESOLVED:  That Member Site Visits take place as follows:

(1)  on Saturday 13 June 2009 at 9.30 am regarding 51 College Road, Harrow

(2)  on Thursday 11 June 2009 at 6.00 pm to the following sites:

• Garages rear of 9-11 Nower Hill, Pinner
• Land to the rear of 9-15 Nower Hill, Pinner
• Heriots, The Common, Stanmore
• The Sacred Heart Language College, 186 High Street, Wealdstone
• 157-159 Village Way, Pinner.

Report of the Head of Planning.

In accordance with the Local Government (Access to Information) Act 1985, the item was submitted late to the agenda as the Learning and Skills Council (LSC) was currently evaluating and prioritising its development projects throughout the UK and would be meeting to discuss the projects on 3 June 2009.  In order that the Stanmore College redevelopment project could demonstrate that it was achievable within the LSC timescales, the College needed to demonstrate that a resolution to grant with the Heads of Terms as requested had been secured.  This would assist with the project being brought forward for development at its earliest from a funding perspective.

The report set out a request from Atisreal, the Agent, to delete the fourth section 106 Heads of Terms set out in item 1/02 of the Addendum to the Strategic Planning Committee meeting dated 10 September 2008, which stated that ‘Development to be used only by Stanmore College students and staff.’

RESOLVED:  That (1) the fourth section 106 Heads of Terms which stated that ‘Development to be used only by Stanmore College students and staff’ be deleted; and

(2)  the time to complete the section 106 Agreement be extended by three months from 13 May 2009.

To resolve that the press and public be excluded from the meeting for the following item of business, on the grounds that it involves the likely disclosure of confidential information in breach of an obligation of confidence, or of exempt information as defined in Part I of Schedule 12A to the Local Government Act 1972:

RESOLVED:  That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the item of business listed below on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12A to the Act:

Report of the Director of Legal and Governance Services.

RESOLVED:  That the action taken in accordance with the Urgent Non-Executive Decision procedure in relation to Highway Land, St Thomas’ Drive (Near Junction with Uxbridge Road), Pinner be noted.