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 Members:-

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:

(Item 1/10 was subsequently deferred so 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.

RESOLVED:  To note that the following interests were declared:

Agenda Item 10 – Planning Applications Received - 1/05 and 1/06 – Kingsgate House, 29-39 The Broadway, Stanmore, HA7 4DJ

Councillor Camilla Bath declared a prejudicial interest in that her husband was a Trustee of a neighbouring property.  She would make her representation and then leave the room whilst the matter was considered and voted upon.

Agenda Item 10 – Planning Applications Received – 1/04 – 24 Railway Approach, Wealdstone, HA3 5AA

Councillors Keith Ferry, Thaya Idaikkadar, Nizam Ismail and Bill Phillips declared a prejudicial interest in that there was a possibility that an adjacent property was owned by the Labour Party.  They would leave the room whilst the matter was considered and voted upon.

(Councillor Joyce Nickolay was appointed Chairman for this item of business).

That the minutes of the meeting held on 12 January 2011 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 12 January 2011 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 17 (Part 4B of the Constitution).

RESOLVED:  To note that no public questions were put, or deputations received at this meeting under the provisions of Committee Procedure Rules 17 and 16 respectively.

To receive petitions (if any) submitted by members of the public/Councillors under the provisions of Committee Procedure Rule 15 (Part 4B of the Constitution).

RESOLVED:  To note the receipt of the following petitions:

1.                  Petition containing 48 signatures regarding the enforcement appeal relating to 201 Northolt Road, South Harrow.

2.                  Petition containing 13 signatures regarding the proposal to install new steel security gates at the entrance to King Henry Mews from Byron Hill Road.

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

RESOLVED:  There were none.

To confirm whether representations are to be received, under Committee Procedure Rule 30 (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 30 (Part 4B of the Constitution), representations be received in respect of item 2/05 on the list of planning applications.

[Note:  Planning application 2/05 was subsequently deferred, and so the representations were not received].

Report of the Divisional Director, Planning - circulated separately.

Members are reminded that, in accordance with the Planning Protocol, where Councillors disagree with the advice of the Divisional Director, Planning, 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 Divisional Director of Planning to issue the decision notices in respect of the applications considered.

Waverley Industrial Estate, Hailsham Drive, Harrow, HA1 4TR (APPLICATION 1/01)

Reference:  P/3233/10 – (Eskmuir Properties Ltd). Change of Use to a Flexible Permission for either B1(C), B2 or B8 Use.

DECISION:  GRANTED permission for the development described on the application and submitted plans, as amended by the addendum, subject to conditions and informatives reported.

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

TESCO SUPERMARKET, STATION ROAD, HARROW, HA1 2TU (APPLICATION 1/02)

Reference:  P/3332/10 – (Tesco Storey Ltd). Variation of Condition 1 attached to Permission EAST/237/96/VAR dated 29/05/1996 to Permit the Opening Hours from 06.00 to 23.00 hours Monday to Saturday (Retrospective Application).

The Committee expressed concern that the whole of the car park would continue to be used during the increased opening hours pending the installation of a barrier.  It was noted that a condition could be attached to restrict the use of the car park on a temporary basis.  The officer undertook to make the applicant aware that use of the whole car park would be a breach of the condition that could be subject to enforcement action.  It could be argued that a condition to require an immediate temporary barrier would be against Circular 11/95.

In response to a question it was noted that the hours of sale of alcohol and pharmaceuticals were not planning considerations.

DECISION:  GRANTED variation to condition 1 as described on the application and submitted plans, as amended by the addendum, subject to conditions and informatives reported and the amendment of condition 2 of the report as follows:

2.  Details of a barrier system and car park management measures to prevent the use of the whole of the car park area to the west of the supermarket building between the hours of 22:00 hours to 08:00 hours on Mondays and to Saturday and between 22:00 hours on Saturdays and 10:00 hours on Sundays shall be submitted to, and approved in writing by, the local planning authority prior to the implementation of this permission.

The approved barrier system and car park management measures shall be implemented within one month of the date of the approval of the details and shall thereafter be retained.

REASON:  To safeguard the amenities of neighbouring occupiers, as required by saved policies D4 and EP25 of the Harrow Unitary Development Plan (2004).

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

RAYNERS  ...  view the full minutes text for item 94.

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 action decision to modify the Section 106 agreement to enable some of the heads of terms to be secured by way of planning conditions instead of a legal agreement.

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:  To note that there were no site visits to be arranged.