Agenda and minutes

To note the attendance at this meeting of any duly appointed Reserve Members.

Reserve Members may attend meetings:-

(i)                 to take the place of an ordinary Member for whom they are a reserve;

(ii)               where the ordinary Member will be absent for the whole of the meeting; and

(iii)             the meeting notes at the start of the meeting at the item ‘Reserves’ that the Reserve Member is or will be attending as a reserve;

(iv)              if a Reserve Member whose intention to attend has been noted arrives after the commencement of the meeting, then that Reserve Member can only act as a Member from the start of the next item of business on the agenda after his/her arrival.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Member:-

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

RESOLVED:  That, in accordance with Committee Procedure Rule 4.1, the following Councillors, who were not Members of the Committee, be allowed to speak on the agenda items indicated:

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

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

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

RESOLVED:  To note that the following interests were declared:

Item 1/04 Harrow Central Mosque

Councillor Husain Akhtar – prejudicial interest as he sometimes attended the mosque for prayer and knew some people there.  Accordingly, he would leave the room and take no part in the decision making process.

Item 3/01 Land at the Royal National Orthopaedic Hospital, Brockley Hill, Stanmore

Councillors Husain Akhtar, Don Billson, Julia Merison, Joyce Nickolay – personal interest as the Applicant’s father was President of Harrow East Conservative Association.

Item 3/01 Land at Royal National Orthopaedic Hospital, Brockley Hill, Stanmore

Councillor Marilyn Ashton – prejudicial interest as the Applicant’s father was a personal friend.  Accordingly, she would leave the room and take no part in the decision making process.

(Councillor Mrs Joyce Nickolay took the Chair for consideration of this item)

Item 3/02 Botwell Court, Headstone Road, Harrow Council

Councillor Thaya Idaikkadar – prejudicial interest as he knew the Applicant.  Accordingly, he would leave the room and take no part in the decision making process.

Councillor Paul Scott, who was not a member of the Committee – personal interest as he lived near the application site.

That the minutes of the meeting held on 24 June 2009 be taken as read and signed as a correct record.

It was moved and seconded that minute 33, Extension of the Meeting, was not an accurate record of the meeting.  Upon being put to the vote, the motion was lost.

RESOLVED:  That the minutes of the meeting held on 24 June 2009 be taken as read and signed as a correct record.

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 petitions or deputations received at this meeting under the provisions of Committee Procedure Rules 19, 16 and 17 respectively.

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 or Panels to be received at the meeting.

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 in accordance with (1) Committee Procedure Rule 18 (Part 4B of the Constitution), representations be received in respect of items 1/04, 2/05 and 2/09 on the list of planning applications;

(2)  Committee Procedure Rule 18.4 the Committee agreed to allow two representations to be received in respect of item 1/04;

(3)  Committee Procedure Rule 27.1 the Committee agreed to suspend Rule 18 to enable a representation to be made although notice had not been given in accordance with the procedure.

Report of the Head of Planning

In accordance with the Local Government (Access to Information) Act 1985, the Addendum was admitted late to the agenda as it contained information relating to various items on the agenda and was based on information received after the despatch of the agenda.  It was admitted to the agenda in order to enable Members to consider all information relevant to the items before them for decision.

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.

PLANNING APPLICATIONS

(1)        North harrow assembly hall, station road, north harrow (application 1/01)

Reference: P/2376/08/DC3/MAJ – (BW Foundation). Demolition Of Buildings, Construction Of Community Centre Including Sports Hall, Gym, Prayer Hall For Up To 200 People, Library, Childrens Play Centre, Café/Restaurant, 24 Bed Nursing Home And 8 Flats.

The officer advised that the recommendation to refuse was based on three fundamental points.  Whilst the potential development of the site was welcomed and was an important community facility, it sat within the flood plain and therefore required specific tests (set out in PPS25) to be addressed. Considerable dialogue had been undertaken but unfortunately had not overcome the concerns of the Environment Agency or the London Borough of Harrow interpretation of PPS25.

The proposals would replace a benign and low key development with a considerable development that had a close relationship with residential properties.  The siting, location and coverage amounted to overdevelopment and the scale and intensity rendered the scheme unacceptable.

It was not to say that improvement to the facility was unacceptable or that a form of development could not take place if it overcame the concerns outlined in the report but the proposed scheme was unacceptable.

In response to a question, the officer advised that extensive discussions had taken place with the Environmental Agency including a meeting the previous day. The proposal needed a fairly fundamental review if matters of flood risk were to be fully addressed.

Members stated that they were pleased that the Committee had deferred the application in order to explore what could be done to remedy the planning concerns but three fundamental issues remained.    

DECISION:  REFUSED permission for the development described in the application and submitted plans for the following reasons:

1.                   The proposed development, by reason of failing to address all of the requirements of the exception test of Planning Policy Statement 25 (PPS25), would result in an unsafe development in an area with a high probability of flooding and is likely to result in flood risk elsewhere contrary to PPS25, policy 4A.12 of the London Plan 2008 and policy EP11 of the Harrow Unitary Development Plan 2004.

2.                   The proposed development, by reason of excessive bulk, massing and footprint, would appear unduly bulky, obtrusive, overbearing and over dominant and would have a detrimental effect on the amenities of neighboring occupiers at numbers 49, 51, 53 and 55 Cumberland Road and number 38 Canterbury  ...  view the full minutes text for item 41.

Report of the Head of Planning – for information.

The Committee received a report and verbal update 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.

The intention to provide a revised format with information on a ward basis was noted and welcomed.

RESOLVED:  That the report be noted.

Report of the Divisional Director of Planning.

Consideration was given to a report by the Divisional Director of Planning regarding the unauthorised erection of a block of 15 flats built in breach of planning control.

An amendment to the officer recommendation that the Divisional Director of Planning be given authority to amend the wording to clarify the reasons for enforcement was agreed.

RESOLVED:  That (1) having regard to the provisions of the Unitary Development Plan and all other material planning considerations (in accordance with Section 172 of the Town and Country Planning Act 1990 (as amended)), the Director of Legal and Governance Services be authorised to:

i.                     take all necessary steps for the preparation, issue and service of an Enforcement Notice (including the services of any section 330 Town and Country Planning Act notice necessary to facilitate the service of the enforcement notice itself) with the following requirements:-

A.                  cease the use of the unauthorised flat (number 15) at second floor level and remove all internal partitions and installations that enable its use

B.                  reinstate the block as 14 flats

C.                  install a lift to accord with planning permission ref: P/2889/04, granted on appeal on 4 October 2005 and

D.                 remove from the land all debris and materials arising from compliance with requirements A to C above, with a period of 6 calendar months being given for compliance.

ii.                   in the event of non-compliance with the above enforcement notice, to:

A.                  institute legal proceedings, should it be considered in the public interest to do so, pursuant to Section 179 of the Town and Country Planning Act 1990

B.                  carry out works in default, should it be considered financially viable to do so, under the provisions of Section 178 of the Town and Country Planning Act 1990.

(2)  the Head of Planning be given authority to amend the wording to clarify the reasons for enforcement.

Report of the Director of Legal and Governance Services.

The Committee received an Information Report of the Director of Legal and Governance Services concerning an Urgent Non-Executive Decision that had been taken.  This decision related to a variation in the second section 106 Head of Term referred to in the officer report to the Strategic Planning Committee of 2 October 2008 which required the applicant to indemnify the Council against claims arising from the provisions of the Agreement and to replace with the following:

“To procure that any party engaged to carry out any of the works relating to the Stanmore Country Park extension shall have in place, prior to commencement of the works, public liability insurance with a minimum cover of five million pounds (£5,000,000) and to use all reasonable endeavours to procure that the Council’s interest is noted on the insurance policy.”

Further to the reference to ‘bridleways’ in sub paragraph b of the seventh Head of Term in the officer report to the Strategic Planning Committee of 2 October 2008 should be deleted.

RESOLVED:  That the report be noted.

Report of the Director of Legal and Governance Services.

The Committee received an Information report from the Director of Legal and Governance Services concerning an Urgent Non-Executive Decision to amend the decision of the Strategic Planning Committee dated 14 January 2009, in respect of the proposed Harrow College development to: delete conditions 7 and 19, and delete and replace the Heads of Terms relating to the Lowlands Recreation Ground and in respect of Renewable Energy as detailed in the report.

RESOLVED:  That the report be noted. 

To arrange dates for Member site visits that have been agreed during the course of the meeting (if any).

RESOLVED:  That Member Site Visits take place on Wednesday 2 September at 5.30 pm to the following sites:

·                     48 Lady Aylesford Avenue, Stanmore

·                     24 Gordon Avenue, Stanmore

·                     224 High Road, Harrow Weald

·                     Land at Royal National Orthopaedic Hospital, Brockley Hill, Stanmore

In accordance with the provisions of Committee Procedure Rule 15 (Part 4B of the Constitution) at 9.43 pm a proposal to extend the length of the meeting to enable all business to be heard was moved, seconded and agreed.

RESOLVED:  That the Committee continue until the end of business on the agenda.