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 that there were no Reserve Members in attendance.

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 Councillor, who was not a Member of the Committee, be allowed to speak on the agenda item indicated:

[Note:  Planning Application 2/13 was subsequently deferred, and so the representation was not received].

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 3/01 – Land at the Royal National Orthopaedic Hospital, Brockley Hill, Stanmore, HA7 4LP

Councillors Husain Akhtar, Julia Merison and Joyce Nickolay – personal interest as they knew the applicant’s father, who was the President of the Harrow East Conservative Association.

Item 3/01 – Land at the Royal National Orthopaedic Hospital, Brockley Hill, Stanmore, HA7 4LP

Councillor Don Billson – personal interest as he was a Member of the Harrrow West Conservative Association.

Item 3/01 – Land at the Royal National Orthopaedic Hospital, Brockley Hill, Stanmore, HA7 4LP

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

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

That the minutes of the meeting held on 22 July 2009 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 22 July 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.

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 the provisions of Committee Procedure Rule 18 (Part 4B of the Constitution), representations be received in respect of item 2/13 on the list of planning applications.

[Note:  Planning application 2/13 was subsequently deferred, and so the representations were not received].

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, 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.

RESOLVED:  That authority be given to the Head of Planning to issue the decision notices in respect of the applications considered.

(1)                 Royal National Orthopaedic Hospital, Stanmore, HA7 4LP (Application 1/01)

            Reference:  P/0963/09/RH/MAJ – (RNOH Trust & Ronald McDonald House Charities). Demolition of Graham Hill Unit and Construction of Three Storey Ronald McDonald House (Sui Generis) to Provide Patient Family Support.

            An officer advised that the proposal for development was situated in a designated green belt area.  As a result a number of additional policy considerations applied.  The officer explained that the construction of new buildings in the Green Belt is inappropriate development unless it falls within a range of specified prurposes, which includes limited infilling or redevelopment of major existing developed sites, and meets certain criteria.  The Greater London Authority (GLA) considered that all the criteria had not been met and accordingly that the proposal was inappropriate development in the Green Belt.  In the circumstances, additional information was submitted by the applicant as to why there were very special circumstances that outweighed the harm to the Green Belt.  Officers considered that the proposed development demonstrated the very special circumstances criteria as it provided accommodation for the carers and family members of young patients on the site that could not effectively be provided elsewhere.  It was considered that the impact caused on the green belt was outweighed by these very special circumstances.  Conditions had also been proposed to manage and mitigate concerns raised by the Greater London Authority (GLA).

            The officer further explained that based on the presumption that the application was inappropriate development in the Green Belt, there was a need for the Council to advertise the application as a departure from the Development Plan before referring the matter to the GLA and Government Office for London (GOL).

            During the discussion on this item, Members raised a number of issues which the officer responded to as follows:

·                     a previous report identified that officers’ view was that the development was not a departure and complied with the terms of policy.  However the GLA considered that the development did not satisfy requirements in the policy. As a result and for the avoidance of doubt, the application was being advertised as a departure from policy;

·                     if the Committee supported the recommendation, then a resolution to grant would be subject to advertising the application as a departure from policy and approval by the GLA and GOL;

·                     theGLA’s comments regarding concerns on the design of the application were qualified by an absence of information submitted to them.  The application had subsequently been revised to incorporate more information.  ...  view the full minutes text for item 56.

Report of the Divisional Director of Planning Services.

The Committee received a report of the Divisional Director of Planning which contained information on an Enforcement Scheme of Delegation to allow officers to secure compliance with and prosecution of planning and related breaches.  The Divisional Director added that the scheme of delegation had been produced in conjunction with Legal Services.

The Chairman commented that she was pleased with the document and felt that this was a better way to resolve issues for the future.  The Chairman thanked the Divisional Director for his work.

RESOLVED: That the Enforcement Scheme of Delegation be approved.

Report of the Divisional Director of Planning Services.

The Committee received a report of the Divisional Director of Planning which proposed changes to the procedure note on Planning Committee Site Visits.

In response to a question, the Chairman confirmed that site visits could be attended by Reserve Members provided they were acting as back up for an ordinary Member.

RESOLVED:  That the amendments to the Procedure Note on Member Site Visits for Planning Applications and Main Agenda Items Deferred by the Planning Committee be endorsed.

Report of the Divisional Director of Planning Services.

The Committee received a report of the Divisional Director of Planning which sought variations to conditions imposed on Planning Permission Reference P/1386/08/DFU.

RESOLVED: That (1) Condition 1 on Planning Permission Reference P/1386/08/DFU be removed;

(2)  the variation of the Section 106 Agreement signed on 27 August 2007, increasing the number of medical practitioners from two to three be authorised.

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.

During the discussion on this item a Member commented that the information in the reports was being duplicated in other documents produced.  It was therefore proposed that this report no longer be a standard agenda item for Planning Committee meetings.

The Divisional Director of Planning commented that it would be advisable to have half yearly reports provided to the Committee to provide more useful information generally on the status of appeals.

RESOLVED:  That (1) the report be noted;

(2)  the item Planning Appeals Update be removed as a Standard Agenda item from future Planning Committee meetings.

Report of the Director of Legal and Governance Services.

The Committee received an information report of the Director of Legal and Governance Services advising of a non-executive urgent decision which authorised the variation of a Section 106 Agreement relating to the site at North London Collegiate School, Canons Drive, Edgware to remove an area from the current building envelope in order to provide an equivalent area for development of the sports pavilion.

RESOLVED: That the report be noted.

Report of the Director of Legal and Governance Services.

The Committee received an information report of the Director of Legal and Governance Services advising of a non-executive urgent decision which authorised the variation of a Section 106 Agreement relating to the site at Edgware Town FC, Burnt Oak Broadway, Edgware to include a clause requested by Transport for London (TfL) to allow for a deed of variation and decision notice to be produced.

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 23 September 2009 at 4.30 pm to the following sites:

·                     9 Eastern Avenue, Pinner, HA5 1NU

·                     Bradenham Works, Bradenham Road, Kenton, Middlesex, HA3 8NA

·                     28 Roxborough Park, Harrow, HA1 3AY

·                     5 West Drive, Harrow, HA3 6TX