Agenda and minutes

Development Control Committee - Wednesday 26 July 2006 7.30 pm

Venue: Committee Rooms 1 & 2, Harrow Civic Centre

Contact: Kate Boulter, Committee Administrator  Tel: 020 8424 1269 E-mail:  kate.boulter@harrow.gov.uk

Items
Note No. Item

PART I - RECOMMENDATIONS - NIL

PART II - MINUTES

47.

Attendance by Reserve Members

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.

Minutes:

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

 

Ordinary Member

 

Reserve Member

 

Councillor Keith Ferry

Councillor Graham Henson

48.

Right of Members to Speak

To agree requests to speak from Councillors who are not Members of the Committee, in accordance with Committee Procedure 4.1.

Minutes:

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:

 

Councillors B E Gate, Christopher Noyce and Mrs Anjana Patel

 

Planning Application 1/03

 

Councillor Mrs Kinnear

 

Planning Applications 3/02, 3/03 and 3/05

Councillor Jerry Miles

Planning Applications 2/04 and

 

Councillor Navin Shah

Planning Application 2/06

 

Councillor Bill Stephenson

Planning Applications 1/02 and 2/21

49.

Declarations of Interest

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

 

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

Minutes:

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

 

(i)                   Planning Application 1/05 – Sports East, Harrow School, Football Lane, Harrow

Councillor Mrs Kinnear, who was not a member of the Committee, declared a personal interest in the above item arising from the fact that she was a member of Friends of Harrow School.

 

(ii)                 Planning Application 2/09 – Portman Hall, Old Redding, Harrow Weald

Councillor Robert Benson declared a personal interest in the above item arising from the fact that friends of his family lived in the hall.  Accordingly, he would remain in the room and take part in the discussion and decision-making on this item.

 

(iii)                Planning Application 2/13 – Glebe First and Middle School, D’Arcy Gardens, Kenton

Councillor Narinder Singh Mudhar declared a personal interest in the above item arising from the fact that he was a Local Education Authority appointed governor of the school.  Accordingly, he would remain in the room and take part in the discussion and decision-making on this item.  Councillor Navin Shah, who was not a member of the Committee, declared the same personal interest in the above item.

 

(iv)                Planning Application 2/14 – 336 Eastcote Lane, South Harrow

Councillor Graham Henson declared a personal interest in the above item arising from the fact that he was a customer of the chemist shop.  Accordingly, he would remain in the room and take part in the discussion and decision-making on this item.

 

(v)                  Planning Application 2/20 – Peterborough and St Margaret’s School, Tanglewood Common Road, Stanmore

Councillor Mrs Camilla Bath declared that all Conservative members of the Committee had a personal interest in the above application arising from the fact that a Conservative Councillor was deputy headteacher at the school, and two Conservative Councillors lived in a road adjacent to, but some way from, the site.   Accordingly, all Conservative members of the Committee would remain in the room and take part in the discussion and decision-making on this item.  Councillor Mrs Kinnear, who was not a member of the Committee, declared the same interest in the above item.

50.

Arrangement of Agenda

(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.

Minutes:

RESOLVED:  (1)  That, in accordance with the Local Government (Access to Information) Act 1985, the following agenda items be admitted late to the agenda by virtue of the special circumstances and grounds for urgency detailed below:-

 

Agenda item

 

Special Circumstances/Grounds for Urgency

 

Addendum

This contained information relating to various items on the agenda and was based on information received after the agenda’s dispatch.  It was admitted to the agenda in order to enable Members to consider all information relevant to the items before them for decision.

 

10 (a)    Planning Application Ref: P/1452/06: Telecommunications Development at Land Adjacent to Wendela Court, Sudbury Hill, Harrow: Reference from the Council Meeting held 13 July 2006

 

The meeting of Council was held after the main agenda had gone to print.  The petition referred related to a planning application that was to be considered at this meeting of the Development Control Committee

10 (a)    Planning Application Ref: P/1433/06: Telecommunications Development at Land Adjacent to 16 Harrow Fields Gardens: Reference from the Council Meeting held 13 July 2006

 

The meeting of Council was held after the main agenda had gone to print.  The petition referred related to a planning application that was to be considered at this meeting of the Development Control Committee

17.        Retrieval of Planning Support Charge for Section 106 Agreements

This report was not available at the time the agenda was printed and circulated.  Members were requested to consider this item as a matter of urgency.

 

18.        Charging for Pre?Application Planning Advice

This report was not available at the time the agenda was printed and circulated.  Members were requested to consider this item as a matter of urgency.

 

20.        102 High Street, Harrow on the Hill

This report was not available at the time the agenda was printed and circulated.  Members were requested to consider this item as a matter of urgency.

 

23.        Variation of Section 106 Agreement, Clementine Churchill Hospital, 9 Sudbury Hill, Harrow

The Deed of Variation was drafted and negotiated by the developer’s solicitors and the Council’s legal officer and was due to be sealed on 19 July 2006.  A final matter, however, arose whereby Legal Services required evidence that a charge on the land had been discharged.  As an assurance, the Council required an undertaking that the charge be removed.  Only the chargee’s solicitors (not a party to this matter) could give this undertaking and was received outside the extended timeframe granted by Development Control Committee (DCC) authority for completion.  Accordingly, Legal Services were unable to seal the Deed of Variation and required an extension of authority to complete.  The Deed was ready to be sealed but needed authority to do so.  The next DCC meeting was not until September and it would hold up use of the temporary endoscopy unit, IVF clinic and enhanced pathology department at the hospital to wait until then.

 

(2)  to note that Item 19 – 102, 104, 106 High Street, Harrow on the Hill, had appeared on the agenda in error and  ...  view the full minutes text for item 50.

Enc.

51.

Minutes pdf icon PDF 105 KB

That it be agreed that, having been circulated, the Chair be given authority to sign the minutes of the meeting held on 28 June 2006 as a correct record once they have been printed in the Council Bound Minute Volume.

Minutes:

RESOLVED:  That the Chairman be given authority to sign the minutes of the meeting held on 28 June 2006, those minutes having been circulated, as a correct record, once printed in the Council Bound Minute Volume.

52.

Matters Arising from the Minutes of the Last Meeting

To consider any matters arising from the minutes of the last meeting.

Minutes:

RESOLVED:  To note that there were no matters arising from the minutes of the last meeting.

53.

Public Questions

To receive questions (if any) from local residents/organisations under the provisions of Committee Procedure Rule 19 (Part 4B of the Constitution).

Minutes:

RESOLVED:  To note that no public questions were put at the meeting under the provisions of Committee Procedure Rule 19.

54.

Petitions

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

Minutes:

RESOLVED:  To note receipt of the following petitions which were referred to the Head of Planning for consideration:

 

(i)         Petition in relation to planning ref: P/2006/05/CFU - Strongbridge Close - requesting the Committee to oppose proposals being recommended for approval

Mr J Evans presented the above petition, which had been signed by 64 people.

 

(ii)         Petition to stop house conversions to flats within Fairview Crescent, Harrow

Councillor Joyce Nickolay presented the above petition, which had been signed by 19 residents of Fairview Crescent.

55.

Deputations

To receive deputations (if any) under the provisions of Committee Procedure Rule 17 (Part 4B) of the Constitution.

Minutes:

Having been informed that a late request had been received for a deputation, the Committee

 

RESOLVED:  In accordance with Committee Procedure Rule 27.1, to suspend Committee Procedure Rule 17 (Part 4B of the Constitution) in order to receive a deputation from Gail Marshall and Linda Benham in relation to agenda item 20 – 102 High Street, Harrow on the Hill.

56.

Planning Application Ref: P/1452/06: Telecommunications Development at Land Adjacent to Wendela Court, Sudbury Hill, Harrow: Reference from the Council Meeting held 13 July 2006 pdf icon PDF 69 KB

Minutes:

The Committee received a reference from the meeting of Council held on 13 July 2006 in the above matter.

  

RESOLVED:  That the petition be referred to the Head of Planning for consideration.

 

(See also Minute 50).

57.

Planning Application Ref: P/1433/06: Telecommunications Development at Land Adjacent to 16 Harrow Fields Gardens: Reference from the Council Meeting held 13 July 2006 pdf icon PDF 68 KB

Minutes:

The Committee received a reference from the meeting of Council held on 13 July 2006 in the above matter.

  

RESOLVED:  That the petition be referred to the Head of Planning for consideration.

 

(See also Minute 50).

58.

Representations on Planning Applications

To confirm whether representations are to be received, under Committee Procedure Rule 18 (Part 4B of the Constitution), from objectors and applicants regarding planning applications on the agenda.

Minutes:

RESOLVED:  That, in accordance with the provisions of Committee Procedure Rule 18 (Part 4B of the Constitution), representations be received in respect of items 1/03, 2/04, 2/05, 2/06, 2/22 and 2/27 on the list of planning applications.

 

[Note:  Item 2/22 was subsequently deferred and representations in relation to this application were not heard by the Committee].

59.

Planning Applications Received pdf icon PDF 71 KB

Report of the Head of Planning - circulated separately.

Additional documents:

Minutes:

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

Enc.

60.

Planning Appeals Update pdf icon PDF 74 KB

Report of the Head of Planning – for information.

Minutes:

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

 

RESOLVED:  To note the report.

Enc.

61.

Enforcement Notices Awaiting Compliance pdf icon PDF 100 KB

Report of the Head of Planning – for information.

Minutes:

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

 

RESOLVED:  To note the report.

Enc.

62.

Management of the Development Control Committee Agenda pdf icon PDF 104 KB

Report of the Head of Planning.

Minutes:

The Committee received a report of the Head of Planning, which proposed a reorganisation of the business of the Committee and sought Members’ approval of a list of additional meeting dates.

 

RESOLVED:  That (1) the split between 'major' and 'minor' applications be agreed;

 

(2)  the following meeting dates be confirmed for 2006/07:

 

Wednesday 6 September 2006

Tuesday 19 September 2006 *

Thursday 5 October 2006 *

Tuesday 17 October 2006 *

Wednesday 8 November 2006

Thursday 23 November 2006 *

Wednesday 6 December 2006

Wednesday 13 December 2006 *

Wednesday 10 January 2007

Thursday 25 January 2007 *

Wednesday 7 February 2007

Wednesday 28 February 2007 *

Wednesday 14 March 2007

Thursday 29 March 2007 *

Wednesday 18 April 2007;

 

[Note: * indicates meetings that are in addition to, or represent changes to, meetings already scheduled in the Council’s Calendar of Meetings for 2006/07]

 

(3)  the Committee review the revised arrangements before the end of 2006;

 

(4)  the Committee endeavour to finish each meeting at 10.30pm, or at the completion of the agenda.

Enc.

63.

Notification Procedures - Planning Applications on Residential Care Homes pdf icon PDF 77 KB

Report of the Head of Planning.

Minutes:

The Committee received a report of the Head of Planning in this regard.

 

RESOLVED: That officers be instructed to undertake the notification process indicated in paragraphs 2.2.2 and 2.2.3 of the officer report, in order to secure appropriate notification of care home residents.

64.

Retrieval of Planning Support Charge for Section 106 Agreements pdf icon PDF 79 KB

Report of the Head of Planning.

Minutes:

The Committee considered a report of the Head of Planning in relation to the above.

 

Having been advised by the legal officer in attendance that the report had not been cleared by the Council’s Legal Services Department prior to inclusion on the agenda, the Committee

 

RESOLVED:  That (1) the report be noted;

 

(2)  the Committee's support in principal of the officer's recommendations contained within the report be noted;

 

(3)  legal officers be requested to investigate further the legal implications of the report and, if appropriate, submit a further report to the appropriate Council body for consideration.

65.

Charging for Pre-Application Planning Advice pdf icon PDF 105 KB

Report of the Head of Planning.

Minutes:

The Committee received a report of the Head of Planning on this matter.

 

Members of the Committee indicated their support of the proposed charging structure and expressed the view that income should be ring-fenced to fund the advice service.

 

RESOLVED:  That (1) the introduction of a charging structure for pre-application advice by the Planning group be agreed;

 

(2)  such charges to comprise two elements: (i) a charge for pre-application meetings for certain categories of development as set out in Section 2 of the officer report; and (ii) a charge for the provision of advice by the Planning Advice Team on certain categories of development as set out in Section 2 of the officer report;

 

(3)  the scheme for such charges be advertised on the Planning pages of Harrow Council’s website, notified to Harrow’s regular agents and advertised in Reception, the local press and Harrow People;

 

(4)  income from charging to be ring-fenced to resource the pre-application advice service.

 

(See also Minute 50).

66.

102 High Street, Harrow on the Hill pdf icon PDF 246 KB

Report of the Head of Planning.

Minutes:

The Committee received a report of the Head of Planning and heard a deputation in relation to the above.

 

Some members of the Committee, and the deputees, expressed the view that the Council should take enforcement action to remove the mast without delay.  Officers advised that they would be attending a meeting on 27 July 2006 to obtain further legal advice regarding the removal of the mast. 

 

RESOLVED:  That (1) officers be requested to advise Committee Members of the outcome of the meeting in relation to the above being held on 27 July 2006;

 

(2)  if appropriate, a Special Meeting of the Committee be arranged to consider an enforcement report relating to the removal of the mast.

 

(See also Minutes 50 and 55).

Enc.

67.

Variation of Section 106 Agreement, Clementine Churchill Hospital, 9 Sudbury Hill, Harrow pdf icon PDF 60 KB

Report of the Director of Legal Services.

Minutes:

The Committee considered a report of the Director of Legal Services in this regard.

 

RESOLVED:  That the extension of time for completion of the Deed of Variation be extended by one week from 26 July 2006 to 2 August 2006.

 

(See also Minute 50).

68.

Member Site Visits

To arrange dates for Member site visits that have been agreed during the course of the meeting (if any).

Minutes:

RESOLVED:  That (1) Member visits to the following sites take place on Saturday 2 September 2006 from 10.00 am:

 

1/03 - Strongbridge Close

2/01 & 2/02 - Rosehill, 135 Wood Lane

2/05 - 40 Tregenna Avenue

2/22 - 454 Alexandra Avenue

 

(2)  the Democratic Services Officer be requested to write to Members of the Committee to confirm the order and timing of the visits.

69.

Any Other Urgent Business

Which cannot otherwise be dealt with.

Minutes:

(i)            Cloisters Wood

            Having been raised by the Chairman, it was

 

RESOLVED: That officer be requested to investigate progress in relation to the above and report back to the Chairman before September 2006.

 

(ii)            Honeypot Lane

            Having been raised by the Chairman, it was

 

RESOLVED: That officers be requested to arrange a Member site visit to view the model of the development.

DCC schedule 26 July 2006 pdf icon PDF 76 KB