Agenda and minutes

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

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

RESOLVED:  To note that the following interests were declared:

Agenda Item 1/01 – Avanti House

Councillor Keith Ferry declared a Non-Pecuniary interest in that he was a trustee of a charity which used the facilities at the school.  He would remain in the room whilst the matter was considered and voted upon.

Agenda Item 1/02 - Kodak

Councillor Keith Ferry declared a Pecuniary interest in that he had an association with the development.  He would leave in the room whilst the matter was considered and voted upon.

That the minutes of the meeting held on 23 January 2019 be taken as read and signed as a correct record.

RESOLVED: That the minutes of the meeting held on 23 January 2019 be taken as read and signed as a correct record, subject to the following amendment:

Minute 142, Page 12,

Agenda Item - Other Applications Recommended for Grant: item 2/04, 16-24 Lowlands Road

‘Councillor Bharat Thakker declared a Non-Pecuniary interest in that he owned a property in the vicinity of the application site.  He would remain in the room whilst the matter was considered and voted upon.’

To receive any public questions received in accordance with Committee Procedure Rule 17 (Part 4B of the Constitution).

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, Friday 8 February 2019.  Questions should be sent to publicquestions@harrow.gov.uk  

No person may submit more than one question].

RESOLVED:  To accept the Addendum.

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 30 (Part 4B of the Constitution), representations be received in respect of item 2/04 on the list of planning applications.

PROPOSAL: Construction of a Two and Three Storey Performing Arts Centre and Sixth Form Block

The Committee resolved that the Community Use Agreement be submitted to a future meeting of the Planning Committee for approval.

The Committee resolved to approve the officer recommendations.

DECISION:  GRANT

RECOMMENDATION A

1.            Grant planning permission subject to authority being delegated to the Interim 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 legislation and issue of the planning permission and subject to minor amendments to the conditions (set out in Appendix 1 of the officer report) or the legal agreement, and as amended by the Addendum;

2.            That the Community Use Agreement be submitted to a future meeting of the Planning Committee for approval.

RECOMMENDATION B

That if the Section 106 Agreement is not completed by 31^st May 2019, or as such extended period as may be agreed by the Interim Chief Planning Officer in consultation with the Chair of the Planning Committee, then it is recommended to delegate the decision to REFUSE planning permission to the Interim Chief Planning Officer

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

PROPOSAL: Extension and alterations to existing office building comprising of new third floor with amenity space at roof level; part infill of courtyard at all levels; refuse and cycle store; associated parking; substation; provision of air source heat pumps

Councillor Keith Ferry left the room during consideration of this item.  Councillor Sachin Shah acted as Chair during consideration of this item.

The Committee resolved to approve the officer recommendations.

DECISION:  GRANT

Grant planning permission subject to authority being delegated to the Chief Planning Officer to issue the planning permission on completion of the Section 106 legal agreement and other enabling legislation and upon the receipt of an acceptable biodiversity report and strategy, and subject to the conditions, any minor amendment to these conditions listed in Appendix 1 of the officer report or the legal agreement, and any other additional conditions that may be required following the submission of an acceptable biodiversity report and strategy, and as amended by the Addendum.

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

PROPOSAL: Creation of fourth and fifth floors for office use (Use class B1); external alterations to third floor including infill to north east corner

The Committee resolved to approve the officer recommendations.

DECISION:  GRANT

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

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

PROPOSAL: Change of use of first floor of Unit C2 from Retail (Class A1) to Gym (Class D2)

Following a question from a Member, an officer advised that the site was located in a high PTAL (Public Transport Accessibility Level) rated area and users would be encouraged to use public transport.  The hours of operation of the car park were subject to the shopping centre opening hours and would not therefore be open 24 hours, unless otherwise agreed with the Shopping Centre.

The Committee resolved to approve the officer recommendations.

DECISION:  GRANT

Grant planning permission subject to the Conditions listed in Appendix 1 of the officer report, and as amended by the Addendum.

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

PROPOSAL:  Fourth floor extension to create four x one bed flats; Refuse and Cycle Storage

The Committee resolved to approve the officer recommendations.

DECISION:  GRANT

Grant planning permission subject to authority being delegated to the Interim Chief Planning Officer in consultation with the Director of Legal and Governance Services for the completion of the Deed of Variation related to Section 106 legal agreement subject of application P/1347/18/PRIOR and pursuant to sections 106 and 106A of the 1990 Act and is a supplement to the Principal Deed and should be read in conjunction with the Principal Deed.

Deed of Variation (Modifications to the Principal Deed)

1)            Restriction of parking permits for future occupiers would be extended from the Principle Deed as agreed under reference P/1374/18/PRIOR to the development hereby recommended for approval.

2)            At clause 1.1 of the Principal Deed, the definition of “Development” shall be  replaced with the following:

            “Development” means the conversion of offices (Class B1A) to 28 self contained flats (Class C3) (Prior Approval of Transport and Highways Impacts of the Development, Contamination and Flooding Risks on the Site and Impacts of Noise from Commercial Premises on the Intended Occupiers) and/or the fourth floor extension to create four one bed flats, refuse and cycle storage.

RECOMMENDATION B

That if, by 20^th February 2019 or such extended period as may be agreed in writing by the Chief Planning Officer in consultation with the Chair of the Planning Committee, the Deed of Variation related to Section 106 legal agreement is not completed, then it is recommended to delegate the decision to the Chief Planning Officer to REFUSE planning permission

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

PROPOSAL: Re-development to provide a two storey building with habitable roofspace for nine flats; private amenity space; landscaping; boundary treatment; parking; bin / cycle storage

Following questions and comments from Members, an officer advised that:

·                     the site breached the 45 degree code only slightly and this breach was considered acceptable in relation to the requirements of the Residential Design Guide;

·                     the previous application had been refused on the basis of the poor layout of the second floor units, the fact that all proposed parking had been sited at the rear for the inappropriate siting of the refuse area.  In the current application the second floor layout, the siting of refuse bins and location of the car park had been amended;

·                     all objections received had been fully appraised and addressed in the report;

·                     the footprint of the application was broadly consistent with the Residential Design Guide.

The Committee received representations from an objector, Mr Mehta and from a representative of the applicant, Ms McBurney.

a Member proposed refusal on the following grounds:

‘The proposal is an overdevelopment with excessive scale and bulk, which would harm local character and amenity, contrary to policies DM1 of the Local Plan, CS1 of the Core Strategy, and 7.4 and 7.6 of the London Plan.‘

The motion was seconded, put to the vote and lost.

The Committee resolved to approve the officer recommendations.

DECISION:  GRANT

1)               Grant planning permission subject to the conditions listed in Appendix 1 of the officer report, and as amended by the Addendum:

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

Councillors Simon Brown, Keith Ferry, Graham Henson & Sachin Shah voted for the application.

Councillors Stephen Greek, Mina Parmar & Bharat Thakker voted against the application.