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)             after notifying the Chair at the start of the meeting.

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

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

RESOLVED:  (1)  To note the following declarations of interest made by Members present relating to the business to be transacted at this meeting:

(i)                   Planning Application 2/01 – 15 Holland Walk, Stanmore

Councillor Marilyn Ashton declared a personal and prejudicial interest in the above application. 

Councillors Mrs Bath and Janet Cowan also declared a prejudicial interest.

Councillors Marilyn Ashton, Mrs Bath and Janet Cowan left the room and took no part in the discussion or decision?making on this item.

At the point of the meeting at which this item was discussed, Councillors Billson and Joyce Nickolay clarified that they had only a personal interest in this item.  Accordingly, they remained in the room and took part in the discussion and decision?making on this item.

(ii)                 Planning Application 2/09 – Hamstede, 4 Priory Drive, Stanmore

Councillor Marilyn Ashton declared a personal interest in the above application on the basis that a Member of the Conservative Group lived nearby.  Councillor Marilyn Ashton stated that she had taken legal advice regarding her interest, and that accordingly, she would remain in the room and take part in the discussion and decision?making on this item.

It was noted that the personal interest also applied to the Members of the Conservative Group on the Committee except for Councillor Mrs Bath who stated that her interest was a prejudicial one.

Councillor Mrs Bath left the room and took no part in the discussion and decision?making on this item.

(iii)                Main Agenda Item 12 – Enforcement Notices Awaiting Compliance

Councillor Mrs Bath declared an interest in respect of 1 Nelson Road because she knew the person who lived in this property.

(iv)                Main Agenda Item 16 – Prince Edward Playing Fields – Environment Agency Flood Alleviation Works

Councillors Bluston and Miles declared a non-prejudicial interest in the above item because they were Council appointed Members of Harrow Sports Council.

Accordingly, they remained in the room and took part in the discussion and decision?making on this item.

(v)                  Main Agenda Item 20 – Broomhill, Mount Park Manor, Harrow on the Hill

The Chair, on behalf of the Labour Group, declared an interest in the above item because of a connection through the Labour Party. 

At the point of the meeting at which this item was about to be discussed, the Chair further clarified the declaration of interest by stating that the owner of the above?mentioned property had contacted Members of the Labour Group on the Committee and therefore the interest was prejudicial.  Accordingly, all Members of the Labour Group on this Committee left the room and did not take part in the discussions and decision?making on this item.

[Note:  Councillor Marilyn Ashton, the Vice-Chair, chaired the meeting during the discussion and decision?making on this item].

(2)  to note that a discussion took place among the Members of the Committee regarding the requirement or otherwise for particular Members to declare an interest in relation to item 1/01, “19 & 21 & R/O 11-29 Alexandra  ...  view the full minutes text for item 795.

(a)  To consider whether any item included on the agenda should be considered with the press and public excluded because it contains confidential information as defined in the Local Government (Access to Information) Act 1985;

(b)  to receive the addendum sheets and to note any applications which are recommended for deferral or have been withdrawn from the agenda by the applicant.

(i)                   Item 2/02 – Land R/O 123-135 Whitchurch Lane, Edgware (P/2723/04/COU)

The Development Control Manager requested that the above-mentioned planning application be deferred.  He added that it would be re?submitted to the next meeting of the Committee as the ‘notice’ served on the leaseholders living in the flat adjacent to the proposal had not yet expired.

An objector who was present at the meeting stated that she would speak at the next meeting rather than that evening.

An observer at the meeting pointed out that the plans in respect of the above?mentioned application were wrong and that the boundaries shown were incorrect.  He added that he had informed the Planning Section accordingly.  The Development Control Manager stated that he would look into this matter.

(ii)                 Main Agenda Item 9 – Representations on Planning Applications

Councillor Marilyn Ashton referred to agenda item 9, details of which had been set out in the Addendum Report.

Members agreed with her that it was not best practice to state the applicant’s desire to address the Committee should the Committee allow an objector to speak at the meeting.  Councillor Marilyn Ashton stated that the applicant would have a right of response in any case.

(iii)                Late Items

The Chair reported that the Committee’s consent to admit the following late items to the agenda was required:

·                     Item 13 – Telecommunications Development – Responses set out in the Addendum Report

·                     Item 19 – Any Other Business – 354-366 Pinner Road, Harrow (Application No. P/504/04/CFU)

·                     Item 21 – Issue placed on the agenda further to a request from a Member of the Committee – Enforcement.

(iv)                Requests to Backbench

The Chair reported that Councillor Mrs Kinnear wished to backbench in respect of the following items on the agenda:

Main Agenda Item 20  -  Broomhill, Mount Park Manor, Harrow on the Hill

Main Agenda Item 21- Issue placed on the agenda further to a request from a Member of the Committee – Enforcement.

She reported that Councillor John Nickolay would not now be backbenching on item 1/01.

RESOLVED: That (1) in accordance with the provisions of the Local Government (Access to Information) Act 1985, the following items/information be admitted to the agenda by reason of the special circumstances and grounds for urgency stated:

That it be agreed that, having been circulated, the Chair be given authority to sign the minutes of the meeting held on 9 November 2004 as a correct record once they have been printed in the Council Bound Minute Volume.

RESOLVED:  That it be agreed that, having been considered, the Chair be given authority to sign the minutes of the meeting held on 9 November 2004 as a correct record once they have been printed in the Council Bound Volume, subject to the following amendments:

(i)                   Item 2/08 – 75 Athelstone Road, Harrow (P/2172/04/CFU): 

Under ‘Notes’:  To record that the reasons for refusal set out in Note (1) (iii) and (iv) were withdrawn prior to the motion for refusal being put to a vote.

(ii)                 Item 2/14 – 44 Dennis Lane, Stanmore (P/2058/04/DFU): 

Under ‘Notes’:  To record that Councillors Marilyn Ashton, Mrs Bath, Billson, Janet Cowan and Mrs Joyce Nickolay wished to be recorded as having voted against the decision reached to grant the application for the reasons set out under paragraphs (i) to (iv).

(iii)                Item 2/20 – 15 Gordon Avenue, Stanmore (P/584/04/CFU):

Under ‘Notes’:  To record that Councillors Marilyn Ashton, Mrs Bath, Billson, Janet Cowan and Mrs Joyce Nickolay wished to be recorded as having voted for the decision to refuse the application.

(iv)                Minute 789(i) – Broomhill, Mount Park Road: 

To record in the preamble to Minute 789(i) that Councillor Mrs Kinnear provided another copy of her letter dated 30 August sent to the then Chief Planning Officer which still remained unanswered.

To receive questions (if any) from local residents/organisations under the provisions of Committee Procedure Rule 18 (Part 4B of the Constitution).

RESOLVED: To note that there were no public questions to be received at this meeting under the provisions of Committee Procedure Rule 18 (Part 4B of the Constitution).

To receive petitions (if any) submitted by members of the public/Councillors.

RESOLVED: To note the receipt of the following petition which was referred to the Interim Chief Planning Officer for consideration:-

Petition relating to the development of flats in Manor Road – Planning Application P/2889/04/CFU:  A petition signed by 70 residents living in and in the vicinity of Manor Road was presented by Councillor Bluston.

To receive deputations (if any) under the provisions of Committee Procedure Rule 16 (Part 4B) of the Constitution.

RESOLVED: To note that there were no deputations to be received at this meeting under the provisions of Committee Procedure Rule 16 (Part 4B of the Constitution).

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

RESOLVED: To note that there were no references from Council and other Committees/Panels to be received at this meeting.

To confirm whether representations are to be received, under Committee Procedure Rule 17 (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 17 (Part 4B of the Constitution), representations be received in respect of item 1/01 on the list of planning applications and Agenda Item 13(D) set out in the Addendum Report.

Report of the Chief Planning Officer (circulated separately).

RESOLVED:  That authority be given to the Chief Planning Officer to issue the decision notices in respect of the applications considered, as set out in the schedule attached to these minutes.

Report of the Interim Chief Planning Officer.

FOR INFORMATION 

The Committee received a report of the Interim Chief Planning Officer which listed those appeals being dealt with and those awaiting decision.

RESOLVED: That the report be noted.

Report of the Interim Chief Planning Officer

FOR INFORMATION

The Committee received a report of the Interim Chief Planning Officer which listed those enforcement notices awaiting compliance.

Members raised a number of queries, details of which are set out below:

(i)                   8 Hindes Road, Harrow - Councillor Bluston expressed concern that almost two years had elapsed since this matter had been reported to Committee.

(ii)                 1 Nelson Road, Harrow - Councillor Mrs Bath enquired about the window in the flank wall.  The Development Control Manager undertook to report back on this matter. 

(iii)                4 Elm Park, Stanmore - Councillor Mrs Bath enquired if the retrospective planning application had now been received.  The Development Control Manager undertook to report on this matter.

RESOLVED:  That the report be noted.

(See also Minute 795(1)(iii)).

(if any).

The following applications were reported in the Addendum Report:

(i)                   Location:Eastcote Road, opposite junction of Lyncroft Avenue (P/2895/04/CDT)

RESOLVED:  That prior approval of siting and appearance be NOT required.

(See also Minute 812(ii)).

(ii)                 Location:Land adjacent to 2 Woodhall Drive, Pinner (B/2915/04/CDT)

RESOLVED:  That (1) prior approval of details of siting and appearance IS required;

(2)  approval of details of siting and appearance be REFUSED for the following reasons:

(i)         The proposal, by reason of excessive size and unsatisfactory siting, would be visually obtrusive and unduly prominent to the detriment of the amenity of local residents and the streetscene in general.

(ii)         The proposal, by reason of excessive size and unsatisfactory siting, would reduce the footway width to an unacceptable degree which would be detrimental to pedestrian safety.

(See also Minute 812(ii)).

(iii)                Location:Junction of Elms Road and Uxbridge Road (P/2861/04/CDT)

RESOLVED:  That (1) prior approval of siting and appearance IS required; and

(2)  approval of details of siting and appearance be REFUSED for the following reason and informative:

Reason:  The proposed development, by reason of its size, appearance and proximity to existing street furniture, would give rise to a proliferation of such apparatus to the detriment of the visual amenity and appearance of the streetscene and the area in general.

Informative:  INFORM41_M (SD1, D4, D24)

(See also Minute 812(ii)).

(iv)                Location:Outside North Harrow Methodist Church Hall, Pinner Road (P/2888/04/CDT)

RESOLVED:  That (1) prior approval of siting and appearance is required;

(2)  approval of details of siting and appearance be REFUSED for the following reasons:

(i)                  The proposal, by reason of excessive size and unsatisfactory siting, would be visually obtrusive and unduly prominent to the detriment of the amenity of local residents and the streetscene in general.

(ii)                 The proposed development would give rise, by the neighbouring residents, to a perception and fear of health risk to the  ...  view the full minutes text for item 806.

(if any).

RESOLVED: To note that there were no demolition applications which required consideration.

Report of the Interim Chief Planning Officer

The Committee received a report of the Interim Chief Planning Officer regarding new detailed Tree Preservation Orders (TPOs) proposed for a number of sites.

RESOLVED:  That the Director of Legal Services be authorised to (1) make new TPOs, to be known as follows:

TPO 783 Herga Court (No. 1) Harrow on the Hill

TPO 785 Penketh Drive (No. 3) Harrow on the Hill

TPO 786 Mount Park Road (No. 8) Harrow on the Hill

TPO 787 Brookshill (No. 8) Harrow Weald

TPO 788 Georgian Way (No. 1) Harrow on the Hill

TPO 789 Water Gardens (No. 1) Stanmore Park

TPO 790 September Way (No. 1) Stanmore Park

TPO 791 Pine Close (No. 2) Stanmore Park

TPO 792 Kynaston Wood (No. 1) Harrow Weald

TPO 793 Westfield Park (No. 4) Hatch End

TPO 794 Westfield Park (No. 5) Hatch End

TPO 795 Julian Hill (No. 1) Harrow on the Hill

TPO 796 Julian Hill (No. 2) Harrow on the Hill

TPO 797 Highbanks Road (No. 1) Hatch End

to be made pursuant to sections 198 and 201 of the Town and Country Planning Act 1990 to protect those trees identified on the maps and schedules attached to the officer report; and

(2)  revoke the following TPOs on confirmation of the above:

TPO 41 Charnwood & Penketh, Mount Park Road, Harrow on the Hill

TPO 5 Valleyfield, Mount Park Road, South Harrow

TPO 43 Belmont & Thornlea, Mount Park Road, Harrow on the Hill

TPO 262 Gordon Avenue (No. 6) Stanmore

TPO 79 Old Church Lane (No. 1) Stanmore

TPO 98 Stanmore Hill (No. 1) Stanmore

TPO 72 Boxtree Road (No. 1) Harrow Weald

TPO 80 Westfield Park (No. 1) Hatch End

TPO 256 Westfield Park (No. 2) Hatch End

TPO 108 Oxhey Lane (No. 1) Hatch End

Reason:  To accord with current policy.

[Note:  Councillor Billson undertook to raise his concerns directly with the Arboricultural Officer regarding the lack of trees on the northern part of Westfield Park, Hatch End, where the Council had recently given approval to a large development].

Report of the Interim Chief Planning Officer

The Committee received a report of the Interim Chief Planning Officer seeking consent to landscaping proposals submitted pursuant to Condition 4 of the planning permission P/1784/03/CFU.  Two Members stated that they were satisfied with the proposals.  One of these Members asked that the residents be kept informed.

RESOLVED:  That (1) the landscaping proposals shown on Drawing WNSLKS/D/502 Rev. E pursuant to Condition 4 of planning permission P/1784/03/CFU be agreed;

(2)  officers advise local residents adjacent to the site of the decision of the Committee.

Reasons for Report:  To discuss the provision of landscaping to prevent public access onto the embankment pursuant to Condition 4 of planning permission P/1784/03/CFU.

(See also Minute 795(1)(iv)).

Report of the Interim Head of Environment and Transportation

The Vice-Chair stated that she could not support recommendation 1.3 as set out in the Interim Chief Planning Officer’s report because the stopping?up of highways was a major action, and that the results of the consultation ought to come back to this Committee.  She referred to the decision taken by the Portfolio Holder for Environment and Transport on this matter, which decision had subsequently been withdrawn following a request to call?in the decision.

She reiterated that the results of the consultation, including the Mayor of London’s decision, ought to come back to this Committee.

Members were of the view that only major matters relating to stopping?up actions under Section 247 of the Highways Act 1980 ought to come before the Development Control Committee, following which, it was 

RESOLVED:  (1)  That officers be authorised to commence the necessary process to stop up the areas of highway shown on the plan at Appendix 1 in accordance with  Sections 247 and 252 of the Town and Country  Planning Act 1990, as amended by the Greater London Authority Act 1999;

(2)  that, in the event that objections are made and not withdrawn within the 28 days of publication of the proposed Order, the objections be referred to the Mayor for London for determination as to whether or not a public inquiry should be held in accordance with Section 252 of the Act;

(3)  that the results of the consultation be submitted to the Development Control Committee; and

(4)  that the Director of Legal Services be authorised to obtain adequate undertakings from the applicant prior to the commencement of the stopping up process stating that the applicant will pay all costs incurred by the Council pertaining to the Stopping Up Order, which it is authorised to recover under the London Local Authorities (Charges for Stopping Up Orders) Regulations 2000.

Reason:  To enable the development to be carried out in accordance with the planning permission granted.

Report of the Interim Head of Environment and Transportation

Members were of the view that the results of the consultation ought to be submitted to the Development Control Committee and it was

RESOLVED:  (1)  That officers be authorised to commence the necessary process to stop up the areas of  highway shown on the plan at Appendix 1 in accordance with  Sections 247 and 252 of the Town and Country  Planning Act 1990, as amended by the Greater London Authority Act 1999;

(2)  that, in the event that objections are made and not withdrawn within the 28 days of publication of the proposed Order, the objections be referred to the Mayor for London for determination as to whether or not a public inquiry should be held in accordance with Section 252 of the Act;

(3)  that the results of the consultation be submitted to the Development Control Committee; and

(4)  that the Director of Legal Services be authorised to obtain adequate undertakings from the applicant prior to the commencement of the stopping up process stating that the applicant will pay all costs incurred by the Council pertaining to the Stopping Up Order, which it is authorised to recover under the London Local Authorities (Charges for Stopping Up Orders) Regulations 2000.

Reason:  To enable the development to be carried out in accordance with the planning permission granted.

(which the Chair has decided is urgent and cannot otherwise be dealt with).

(i)                   354-366 Pinner Road, Harrow (P/504/04/CFU)

The Development Control Manager reported that an appeal had been lodged against the refusal of the above?mentioned application, details of which were set out in the Addendum Report.  He added that a Nominated Member was required, as the recommendation of the then Chief Planning Officer had been to approve the scheme.

RESOLVED:  That Councillor Marilyn Ashton be nominated.

(ii)                 Health Aspects of Telecommunications Development

During discussion of applications for telecommunications development (Minute 806 refers), it was

RESOLVED:  That officers be requested to report back to a future meeting of the Committee on health aspects of telecommunications developments in relation to appeal cases.

Joint Report of the Director of Legal Services and Interim Chief Planning Officer

(Note:  The Chair, Councillor Anne Whitehead, having declared an interest in this item and left the room, the Vice-Chair, Councillor Marilyn Ashton took the Chair).

The Committee received a joint report of the Director of Legal Services and the Interim Chief Planning Officer.

The Development Control Manager introduced the report and showed photographs of timber fences and gates in the vicinity of the site. 

A Member who was backbenching asked question(s) of the officer(s) and made comments on the breach.

Members discussed whether or not to take enforcement action on the unauthorised fence and gates or to seek modifications to the unauthorised gates only.  It was

RESOLVED:  That, subject to his being satisfied as to the evidence, the Director of Legal Services be authorised to (1) issue an Enforcement Notice pursuant to Section 172 of the Town and Country Planning Act 1990 requiring:

(i)   compliance with Condition 6 of Planning Consent WEST/884/00/CON; and

(ii)   compliance with Condition 8 of Planning Consent WEST/884/00/CON should be complied with within a period of 28 days from the date on which the notice takes effect;

(2) issue notices under Section 330 of the Town and Country Planning Act 1990 (as amended) as necessary in relation to the above alleged breach of planning control; and

(3)  institute legal proceedings in the event of failure to:

(i)   supply the information required by the Director of Legal Services to the Council through the issue of Notices under Section 330 of the Town and Country Planning Act 1990;

and/or

(ii)   comply with the Enforcement Notice.

Reason for Report:  To seek the Committee’s views on whether enforcement action is considered to be appropriate.

(Note:  Following the conclusion of this item, Councillor Anne Whitehead resumed the Chair).

(See also Minute 795(1)(v)).

Councillor Marilyn Ashton has requested that the above issue be placed on the agenda under the provisions of Committee Procedure Rule 8 (ii) (Part 4B of the Constitution) on the grounds for urgency/special circumstances outlined below.

A Member who was backbenching enquired about the position on enforcement and the lack of enforcement action being taken by officers.  She cited examples of where enforcement action was outstanding and, in some cases, had been for up to four years.  She provided officers with details of various sites where enforcement action was outstanding.  She added that local residents were concerned about the lack of action taken by the Council.

The Vice-Chair described the frustration of residents and Members about the lack of enforcement action being taken and enquired about the reasons why it was taking so long to take any action.  She also cited examples where enforcement action had yet to be taken.  In addition, she enquired why there was a backlog.

The Chair asked for a report on this matter and an explanation of the rationale behind the lack of enforcement action.  She added that Members had fought hard to increase the resources available in this area.

A Member agreed that a report was required and questioned whether the levels of resources available were adequate.  Another Member enquired if the matter of the possibility of costs being awarded against the Council was an issue.

RESOLVED:  That officers be requested to report back on Planning Enforcement to a future meeting of the Committee setting out (i) details of the workload; (ii) the staffing situation; (iii) the backlog of work and (iv) resources in general.

In accordance with the provisions of Committee Procedure Rule 14 (Part 4b of the Constitution) it was

RESOLVED:  (1) At 10.00 pm to continue until 10.30 pm;

(2)  at 10.30 pm to continue until 11.00 pm;

(3)  at 11.00 pm to continue until 11.20 pm;

(4)  at 11.20 pm to continue until 11.30 pm;

(5)  at 11.30 pm to continue until 11.45 pm;

(6)  at 11.45 pm to continue until 12.00 midnight;

(7)  at 12.00 midnight to continue until 12.05 am;

(8)  at 12.05 am to continue until 12.10 am;

(9)  at 12.10 am to continue until 12.15 am.