Agenda and minutes

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

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

To agree requests to speak from Councillors who are not Members of the Committee.

RESOLVED:  That no Members, who were not members of the Committee, had indicated that they wished to speak at the meeting.

To receive declarations of disclosable pecuniary or non pecuniary interests, arising from business to be transacted at this meeting, from all Members present.

RESOLVED:  To note that the following interests were declared:

Agenda Item 3/01 Harrow Museum, Headstone Lane PL/1302/24

Councillor C Baxter declared a non-pecuniary interest in that he had a Friends of Museum membership.  He would remain in the room whilst the matter was considered and voted upon.

Agenda Item 3/01 Harrow Museum, Headstone Lane PL/1302/24

Councillor M Ashton declared for the record that she did not have any interest to declare, although the building is Council-owned, she had not been involved in the application in her capacity as Portfolio Holder for Planning and Regeneration.

That the minutes of the meeting held on 24 July 2024 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 24 July 2024 be taken as read and signed as a correct record.

To note any public questions received.

Questions will be asked in the order in which they were received.  There will be a time limit of 15 minutes for the asking and answering of public questions.

[The deadline for receipt of public questions is 3.00 pm, 30 August 2024.  Questions should be sent to publicquestions@harrow.gov.uk  

No person may submit more than one question].

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

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

RESOLVED:  To note that there were none.

To Follow.

RESOLVED:  To accept the Addendums.

To confirm whether representations are to be received, under Committee Procedure Rule 29 (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 29 (Part 4B of the Constitution), representations be received in respect of item No. 2/01 on the list of planning applications.

The Committee received a report on the latest planning appeals received for Quarter One.

The Officer apologised for a late correction to the report.  An addendum needed to be noted on page 20, in the penultimate paragraph, where some figures were initially reported incorrectly.

The corrected figures are:

·                 9 appeals allowed (45%)

·                 26 appeals dismissed (72%)

·                 1 part allowed with notice upheld (3%)

The error stemmed from a mistake on page 27, item 27, where the decision for 92 Vancouver Road was wrongly recorded as dismissed when it was allowed.

Cost applications, there were 5 submitted:

·                 4 were rejected (80%)

·                 1 of these rejections was for council care costs, which went against the Council’s position.

In summary:

·                 26 officer-level decisions were made

·                 8 enforcement notices were issued

·                 1 non-determination appeal was filed

·                 No committee decisions were overturned on appeal

DECISION:  Noted.

PROPOSAL

Change of use from retail (Use Class EA) to restaurant (Use Class EB); single storey rear extension; installation of extract flue at rear (demolition of five storage units and conservatory).

The Committee received a representation from the objector, Thea Gudgeon,who urged the Committee to refuse the application.

The Committee received representation from the applicant, Mo Khan, who urged the Committee to grant the application.

The Chair proposed refusal for the following reason:

1)              Notwithstanding the changes incorporated in the current proposal compared with the development previously refused at this site, serious concerns remain regarding the proposed extension to the rear of the property, which will bring the activity that a restaurant would generate nearer to the quiet residential amenities of the neighbours within close proximity of the site.  As currently proposed, the development makes no provision for the artificial ventilation of the restaurant dining area at the rear of the site or for extractor fans to ensure heat and cooking smells are effectively removed, thereby giving rise to the potential for a loss of residential amenities to the surrounding properties due to undue disturbance and odours, and it is considered that the imposition of planning conditions would not provide satisfactory assurance to the planning authority that these matters could be adequately dealt without unacceptable harm to the residential amenity of the occupants of the neighbouring properties, contrary to Harrow Development Management Policy DM1 and Policy DM 41A.b and London Plan Policy D3.

This was seconded by Councillor Zak Wagman, put to the vote and agreed.

The Committee voted and resolved to refuse officer recommendations.

RECOMMENDATION The Planning Committee was asked to:

1)              Agree the reasons for approval as set out in the report, and

2)              Grant planning permission subject to the Conditions listed in Appendix 1 of the report.

DECISION:  REFUSED.

The Committee wished it to be recorded that the decision to refuse the application was by majority of votes.

Councillors Ashton, Baxter, Sumaria and Wagman voted to refuse the application.

Councillors Ali, Brown and Parekh voted against refusing the application.

PROPOSAL

Demolition and redevelopment to provide three two storey detached dwellinghouses; Landscaping; Parking; Refuse and Cycle Storage.

RECOMMENDATION The Committee was asked to:

·                 Agree the reasons for approval as set out in the report, and

·                 Grant planning permission subject to authority being delegated to the Chief Planning Officer in consultation with the Director of Legal and Governance Services for the completion of the Section 106 legal agreement and other enabling development and issue of the planning permission, subject to amendments to the conditions, including the insertion or deletion of conditions as deemed fit and appropriate to the development or the amendments to the legal agreement as required.

Parking Permit Restrictions

·                 The development to be “resident permit restricted” in accordance with section 16 of the GLC (Gen Powers) Act 1974 and the developer to ensure that

1)              all marketing/advertising material refers to this fact and

2)              all agreements contain a covenant to the effect that future occupiers and tenants (other than those who are registered disabled) will not be entitled to apply for residents parking permit or a visitor permit.  A contribution in accordance with the adopted fees and charges is required to amend the Traffic Management Order.

Tree Replacement

·                 Replacement tree planting – The payment of £9,000 for the provision of 12 trees to be planted outside the application site along Eaton Close to compensate for the loss of a Category C Hornbeam tree located within the application site.

Legal Costs and Monitoring Fee

·                 Payment of section 106 monitoring fee upon completion of section 106 agreement (amount TBC).

·                 Payment of all reasonable legal fees upon completion of section 106 agreement.

RECOMMENDATION B

That if, by 4th November 2024 or such extended period as may be agreed in writing by the Chief Planning Officer, the Section 106 Planning Obligation is not completed, then delegate the decision to the Chief Planning Officer to REFUSE planning permission for the following reason.

1.                  The proposed development, in the absence of a Legal Agreement to provide appropriate improvements, benefits and monitoring that directly relate to the development, would fail to adequately mitigate the impact of the development on the wider area and provide for necessary social, environmental and physical infrastructural improvements arising directly from the development, contrary to the National Planning Policy Framework (2023), policies D2, E10, and DF1 of The London Plan (2021), policy CS1 of the Core Strategy (2012), policies DM1, DM34, and DM50 of the Harrow Development Management Polices Local Plan.

DECISION:  GRANT

The Committee wished it to be recorded that the decision to grant the application was unanimous.

PROPOSAL:

Conversion of dwelling into house of multiple occupancy (HMO) for up to 9 persons (Use Class Sui Generis); and retrospective conversion of garage into habitable room; external alterations and hardstanding.

RECOMMENDATION:  The Committee was asked to:

1)              Agree the reasons for approval as set out in the report; and

2)              Grant planning permission subject to the Conditions listed in Appendix 1 of the report.

Councillor Christopher Baxter proposed refusal for the following reason:

1)              The proposal represents a change of use from a family sized dwelling house into a House in Multiple Occupation for 9 people, which would be out of character in a residential area where the housing stock is typically single family sized dwelling houses and would also represent an over intensive use of the site to the detriment of the residential amenities within the locality, contrary to policies Harrow Core Strategy CS1 (2012), Harrow Development Management Policy DM1 and DM30 (2013). 

The proposal was seconded by Councillor Samir Sumaria, put to the vote, and agreed.

The Committee voted and resolved to refuse officer recommendations.

DECISION:  REFUSE

The Committee wished it to be recorded that the decision to refuse the application was unanimous.

PROPOSAL:

Listed Building Consent: For the Manor House, Great Barn, Small Barn and Granary: Repair and maintenance works to install air drain / air dam drainage externally, minor alterations to rainwater goods and lead flashings, repair and maintenance of brickwork, weatherboarding, existing manor windows, and external repointing and repair works.

RECOMMENDATION:

The Committee was asked to:

1)              Agree the reasons for approval as set out in the report, and

2)              Grant Listed Building Consent subject to the conditions listed in Appendix 1 of the report:

DECISION:  GRANT

The Committee wished it to be recorded that the decision to grant the application was unanimous.

PROPOSAL:

Establish use of ground floor as Use class E and use of first and second floors as self-contained (4 bed) flat; rear dormer and stair extension and lowering or abutting roof ridge, replacement of single pitch rear extension with double pitch slate roof; external alterations (part retrospective).

RECOMMENDATION:

The Committee was asked to refuse the application for the following reason:

1.                  The retained rear roof dormer, due to its design, massing, and lack of setbacks, is considered an incongruous, bulky, and poor-quality feature that would fail to integrate with the property and sit comfortably within the existing roofscape.  This is considered contrary to the high-quality design aspirations of the National Planning Policy Framework (2023), Policy D3 Policy of the London Plan (2021); CS.1 of the Harrow Core Strategy (2012), Policy DM1 of the Development Management Plan Local Policies (2013) and the adopted Supplementary Planning Document: Residential Design Guide (2010).

2.                  The proposed residential unit, by virtue of its intended number of occupants and comparative restricted floorspace, would offer a substandard and cramped form of accommodation for future occupiers of the site to the detriment of their living conditions.  The development is thereby contrary to the high-quality design aspirations of the National Planning Policy Framework (2023), Policies D3 and D6 of The London Plan (2021), Policy DM1 of the Harrow Development Management Policies Local Plan (2013); the adopted Supplementary Planning Documents Residential Design Guide (2010) and the Housing Design Standards LPG (2023).

DECISION:  REFUSE

The Committee wished it to be recorded that the decision to refuse the application was unanimous.

PROPOSAL:

Consultation from Neighbouring Authority: Brent Council Ref: 24/1329: Variation of conditions 1 (Event Cap) and 2 (Temporary Traffic Management) of Variation of Conditions reference 20/4197 dated 21 June 2021, for Proposed variation of Condition 1 (event cap) of planning permission reference 18/4307 (varied permission for the construction of the stadium, dated 07/03/2019), to allow up to 9 additional major non-sporting events per event calendar year.

Planning permission 99/2400 was for the demolition of the original Wembley Stadium and clearance of the site to provide a 90,000-seat sports and entertainment stadium (Use Class D2), office accommodation (Use Class B1), banqueting/conference facilities (Use Class D2), ancillary facilities including catering, restaurant (Use Class A3), retail, kiosks (Use Class A1), toilets and servicing space; re-grading of existing levels within the application site and removal of trees, alteration of existing and provision of new access points (pedestrian and vehicular), and parking for up to 458 coaches, 43 mini-buses and 1,200 cars or 2,900 cars (or combination thereof).

Application reference 17/0368 granted permission to vary condition 3 (event cap) of consent 99/2400 to allow 22 additional major Tottenham Hotspur Football Club events in between 1 August 2017 and 31 July 2018.  Application reference 18/4307 granted permission to vary conditions 1 (event cap) and 2 (temporary traffic measures) of planning permission reference 17/0368 to allow 8 additional Major Tottenham Hotspur Football Club (THFC) events to May 2019.  The current application includes the submission of an Environmental Statement.

RECOMMENDATION:

The Committee was asked to:

1)              Note the report.

DECISION:  NOTED.

The recording of this meeting can be found at the following link:

https://www.harrow.gov.uk/virtualmeeting