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 Member:

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:

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 business to be transacted at this meeting:

(i)                   Planning Application P/2593/05/CDT – Stanmore Cricket Club, The Common, Stanmore

Councillor Bluston declared a personal in the above application arising from the fact that he had played cricket at the club and knew some of the officials.  Accordingly, he remained in the room and took part in the discussion and decision-making on this item.

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(b)  to receive the addendum sheets and to note any applications which are recommended for deferral or have been withdrawn from the agenda by the applicant.

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

and

(2)  all items be considered with the press and public present.

That it be agreed that, having been circulated, the Chair be given authority to sign the minutes of the meeting held on 9 and 16 November 2005 as a correct record, once they have been printed in the Council Bound Minute Volume.

RESOLVED:  That (1) the Chair be given authority to sign the minutes of the meeting held on 9 November and 16 November 2005, those minutes having been circulated, as a correct record of that meeting, once printed in the Council Bound Volume, subject to the following amendments:

(i)         Minute 1015 – Declarations of Interest

Delete: “(iii) Planning Application 1/02 – The Grove, 31 Warren Lane, Stanmore

Councillor Mrs Joyce Nickolay declared a personal interest in the above application and, accordingly, she remained in the room and took part in the discussion and decision-making on this item.”

(ii)         Minute 1015 – Declarations of Interest

Delete: “(viii) Planning Application 2/24 – 3 Welbeck Road, South Harrow

Councillor Mrs Joyce Nickolay declared a personal interest in the above application and, accordingly, she remained in the room and took part in the discussion and decision-making on this item.”

(iii)        Minute 1015 – Declarations of Interest

(xii) Agenda Item 18 – 102, 104, 106 High Street, Harrow on the Hill

Amend to read: “Councillor Mrs Kinnear, who was not a Member of the Committee, declared a personal interest in the above agenda item, having taken advice from the Director of Corporate Governance, but wished it to be noted that she was not of the view that she had any interest in the item.”

(iv)        Minute 1015 – Declarations of Interest

Add: “(xiii) Planning Application 2/07 – Welldon Centre, Welldon Crescent, Harrow

Councillor Choudhury declared a personal interest in the above application and, accordingly, he remained in the room and took part in the discussion and decision-making on this item.”

(v)         Item 2/09 on the Schedule attached to the Minutes – 24 Uxbridge Road, Stanmore

            Add to Notes: “(4) Councillors Marilyn Ashton, Mrs Bath, Billson, Janet Cowan, Mrs Joyce Nickolay and Thornton wished to be recorded as having voted against the decision to grant the application.”

(vi)        Item 2/11 on the Schedule attached to the Minutes – 9 Welbeck Road, South Harrow

            Amend Note (4) to read: “Councillors Marilyn Ashton, Mrs Bath, Billson, Bluston, Janet Cowan and Mrs Joyce Nickolay wished to be recorded as having voted for the decision to refuse the application.”

(vii)       Minute 1027 – Declarations of Interest

Delete: “(ix) Agenda Item 18 – 102, 104, 106 High Street, Harrow on the Hill

Councillor Mrs Kinnear, who was not a member of the Committee, declared a personal interest in the above agenda item”.

(2) arising from discussions in relation to (1) above, it be noted that, for clarity, Members be requested to state the nature of their interest when declaring personal or prejudicial interests.

(See also Minute 1040).

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 no public questions were put at the meeting under the provisions of Committee Procedure Rule 18.

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

RESOLVED:  To note that no petitions were received at the meeting under the provisions of Committee Procedure Rule 15.

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

RESOLVED:  To note that no deputations were put at the meeting under the provisions of Committee Procedure Rule 16.

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

The Committee received a reference from the meeting of Council held on 20 October 2005 in the above matter.

Officers advised that there had been a considerable level of objection to the erection of the telephone mast.  An application for a Certificate of Lawfulness had been submitted to the Council and this was currently being determined.

RESOLVED:  That the above be noted.

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 2/02 on the list of planning applications.

Report of the Group Manager (Planning and Development) - circulated separately.

RESOLVED:  That authority be given to the Group Manager (Planning and Development) to issue the decision notices in respect of the applications considered, as set out in the schedule attached to these minutes.

Report of the Group Manager (Planning and Development).

FOR INFORMATION 

The Committee received a report of the Group Manager (Planning and Development) which listed those appeals being dealt with and those awaiting decision.

RESOLVED:  (1) That the report be noted;

(2)  to note that Councillor Marilyn Ashton would be attending the public enquiry for 15 Gordon Avenue on 14 December 2005.

FOR INFORMATION

Officers advised that the above report, which provided a regular update on enforcement activity and had been marked ‘To follow’ on the agenda, was not available as it was being reworked in response to comments made by the Committee at its meeting on 9 November 2005.  An improved version of the report would be submitted to the Committee’s next ordinary meeting on 11 January 2006.

RESOLVED:  That the above be noted.

Report of the Director of Corporate Governance.

The Director of Corporate Governance introduced a report on the above matter, which proposed the creation of a joint working party to clarify the status of the Planning Protocol and enable Members to review the contents of the Protocol.  The Standards Committee had considered the same report at its meeting on 6 December 2005, and a copy of the draft minute of that meeting setting out the Standards Committee’s resolutions on the matter was tabled.

The Director of Corporate Governance advised that the Protocol differed from the Members’ Code of Conduct in that it provided guidance, rather than rules, and so could not be enforced by the Standards Board.  The Standards Committee had supported the view that the Protocol could be enforced internally by referring breaches of the Protocol to a Hearing Panel of the Standards Committee.

Some Members expressed concern that maintaining the Protocol as guidance rather than rules would leave it open to interpretation, which could prove problematic.  A Member questioned whether there was a need for a Planning Protocol separate from the Code of Conduct.  In response, the Director of Corporate Governance advised that he considered it beneficial to have separate guidance for planning because of the sensitive financial and legal issues that could be encountered in the determination of planning applications.

The Committee supported the creation of a joint working party to revisit the Protocol and requested that a joint meeting of the Standards Committee and Development Control Committee be held to consider the findings of the joint working party.

RESOLVED: That (1) the Planning Protocol be revisited to clarify its status and enforceability, including its relationship with the Code of Conduct;

(2)  an informal joint working party consisting of three Members of the Development Control Committee and three Members of the Standards Committee be established, with support from officers, to consider revision of the Protocol;

(3)  the terms of reference of the joint working party include a provision for an evaluation to take place of planning protocols of other local authorities;

(4)  the findings of the joint working party be reported to a joint meeting of the Development Control Committee and the Standards Committee;

(5)  Councillors Marilyn Ashton, Thornton and Anne Whitehead be appointed to the joint working party as the three Members representing the Development Control Committee.

(See also Minute 1040)

At the adjourned meeting held on 16 November 2005, the Development Control Committee received a report of the Group Manager (Planning and Development) in this matter.  The Committee resolved to defer consideration of the report in order to make the petition available to Members.

The report of the Group Manager (Planning and Development) is provided again for consideration.

The Committee received a report of the Group Manager (Planning and Development) on the above matter.

RESOLVED:  To refuse the request to vary the S106 Agreement as applied for.

[Note: (1) Upon being put to a vote, the motion to refuse the request to vary the S106 agreement as applied for was carried;

(2) Councillor Mrs Joyce Nickolay wished to be recorded as having voted against the decision to refuse the request to vary the S106 agreement].

(See also Minute 1040)

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That 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)                   the demolition of the gantry

(ii)                 the permanent removal of the materials arising from compliance with the first requirement (i) from the land.

(i) and (ii) should be complied with within a period of one (1) month 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;

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

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

(ii)                 comply with the Enforcement Notice.

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That 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)                   the demolition of the rear decking

(ii)                 the demolition of the screen fencing to a height not exceeding 2 metres above ground level

(iii)                the permanent removal of the materials arising from compliance with the first (1) and second (ii) requirements above from the land

(iv)                grade the level of the land exposed by the removal of the decking to meet the natural contours of the land of the adjoining properties, and lay to turf.

(i), (ii), (iii) and (iv) should be complied with within a period of two (2) months 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;

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

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

(ii)                 comply with the Enforcement Notice.

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That 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)                   the demolition of the front porch extension and canopy

(ii)                 the permanent removal of the materials arising from compliance with the first requirement (i) from the land.

(i) and (ii) should be complied with within a period of two (2) months 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;

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

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

(ii)                 comply with the Enforcement Notice.

[Note:  (1)  Upon being put to a vote, the motion to authorise the Director of Legal Services to issue and enforcement notice was carried;

(2)  Councillor Mrs Joyce Nickolay wished to be recorded as having voted against the decision to authorise the Director of Legal Services to issue an enforcement notice].

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That 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)                   the demolition of the single storey rear extension

(ii)                 the permanent removal of the materials arising from compliance with the first requirement (i) from the land.

(i) and (ii) should be complied with within a period of three (3) months 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;

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

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

(ii)         comply with the Enforcement Notice.

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That 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)         the demolition of the rear decking and railings

(ii)         the permanent removal of the materials arising from compliance with the first requirement (i) above from the land.

(i) and (ii) should be complied with within a period of one (1) month 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;

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

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

(ii)         comply with the Enforcement Notice.

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That 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)         the demolition of the gates and railings to a height not exceeding 1 metre in height above ground level

(ii)         the permanent removal of the materials arising from compliance with the first requirement (i) above from the land.

(i) and (ii) should be complied with within a period of one (1) month 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;

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

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

(ii)         comply with the Enforcement Notice.

[Note:  (1)  Upon being put to a vote, the motion to authorise the Director of Legal Services to issue and enforcement notice was carried;

(2)  Councillor Marilyn Ashton wished to be recorded as having abstained from the vote].

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

Special Meeting of the Committee to Discuss Royal National Orthopaedic Hospital

The Nominated Member for the Conservative Group expressed concern that the Special Meeting to discuss the application for the Royal National Orthopaedic Hospital (RNOH) would be taking place on a date when a number of Members would be unable to attend.  The Chair reported that the application needed to be considered before the next ordinary meeting of the Committee.

RESOLVED: To note that a Special Meeting of the Committee would be held on Monday 19 December 2005 at 7.30 pm to consider the Royal National Orthopaedic Hospital application.

In accordance with the provisions of Committee Procedure Rule 14.2 (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 10.40 pm;

(3)  at 10.40 pm to continue until 11.00 pm;

(4)  at 11.00 pm to continue until 11.05 pm;

(5)  at 11.05 pm to continue until 11.10pm.