Agenda and minutes

Development Control Committee - Tuesday 29 April 2003 7.30 pm

Venue: Committee Rooms 1 & 2, Harrow Civic Centre

Contact: Rebecca Arnold, Committee Administrator  E-mail:  rebecca.arnold@harrow.gov.uk Tel: 020 8424 1269

Items
Note No. Item

PART I - RECOMMENDATIONS - NIL

 

PART II - MINUTES

280.

Attendance by Reserve Members

To note the attendance at this meeting of any duly appointed Reserve Members.

Minutes:

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

 

Ordinary Member

Reserve Member

 

Councillor Harrison

 

Councillor Dighé

281.

Right of Members to Speak

RESOLVED: That, in accordance with Committee Procedure Rule 4.1, Councillors …….. who were not  Members of the Committee, be allowed to speak on Item ….. respectively.

Minutes:

RESOLVED: That, in accordance with Committee Procedure Rule 4.1, Councillor Nickolay who was not a Member of the Committee, be allowed to speak on Item 2/20 on the list of planning applications.

282.

Declarations of Interest

To receive declarations of interests (if any) from Members of the Committee arising from the business to be transacted at this agenda.

Minutes:

RESOLVED:  To note the following declarations of interests arising from the business to be transacted at this meeting:

 

·         Application 2/06 – 14 Lowick Road, Harrow

Councillor Kara declared a prejudicial interest in the above application rising from the fact that he was related to the applicant.

 

·         Application 2/13 – Hatch End Tennis Club, 20 Clonard Way, Pinner

Councillors Marilyn Ashton and Kara declared a personal interest in the above application arising from the fact that a Member of the Conservative Group owned a property which backed onto the application site. They confirmed that they were not closely acquainted with the Member and had not discussed the application with her. Accordingly, both remained and took part in the voting and discussion on this item.

 

Councillors Mrs Bath, Mrs Kinnear and Joyce Nickolay declared a prejudicial interest in the above application arising from their close acquaintance with the Member referred to above, and accordingly left the room and took no part in the discussion or voting on this item.

 

·         Main Agenda Item 18 – East End Farm Barns Planning and Listed Building Appeals

Councillor Bluston declared a prejudicial interest in the above item arising from his acquaintance with the developer of the site.

283.

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: 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:

 

Agenda Item

Special Circumstances/Reasons 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.

 

and;

 

(2) all items be considered with the press and public present, with the exception of the following item, which be considered with the press and public excluded for the reason indicated:

 

Item

 

Reason

Item 18 – East End Farm Barns Planning and Listed Building Appeals

 

The report relating to this item contained exempt information under paragraph 12 (b) of Part 1 of schedule 12A to the Local Government Act 1972 (as amended) in that it referred to the opinion of Counsel and advice received in connection with the determination of a matter affecting the Authority.

284.

Minutes

That it be agreed to defer the signing of the minutes of the meeting held on 9 April 2003 as a correct record of that meeting until the next meeting of the Committee.

Minutes:

RESOLVED: That the Chair be given the authority to sign the minutes of the meeting held on 9 April 2003, those minutes having been circulated, as a correct record of that meeting, once printed in the Council Bound Volume.

285.

Public Questions

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

Minutes:

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).

286.

Petitions

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

Minutes:

RESOLVED: To note that there were no petitions to be received at this meeting.

287.

Deputations

To receive deputations (if any) under the provisions of Committee Procedure Rule 15 (Part 4B) of the Constitution.

Minutes:

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).

288.

References from Council and other Committees/Panels

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

Minutes:

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

289.

Representations on Planning Applications

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.

Minutes:

RESOLVED: That representations in accordance with the provisions of Committee Procedure Rule 17 be received in respect of items 2/13 and 5/01 on the list of planning applications.

290.

Planning Applications Received

Report of the Chief Planning Officer (circulated separately).

Minutes:

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.

Enc.

291.

Protocol for Members and Reserve Members when Dealing with Planning Applications and Lobbying

Joint Report of the Borough Solicitor and the Chief Planning Officer.

Minutes:

The Committee received a joint report of the Borough Solicitor and the Chief Planning Officer regarding a protocol for Councillors in relation to dealing with planning applications and lobbying.

 

The Committee had previously discussed the draft protocol at a Special Meeting of the Committee, convened on 20 March 2003, and the concerns raised at this meeting had subsequently been considered by the Standards Committee at its meeting on 8 April 2003 and a number of amendments to the protocol had been made. The amended protocol was now placed before the Committee. A further proposed amendment was also outlined on the addendum for the meeting.

 

Following discussion it was

 

RESOLVED: That the Committee concur with the Protocol as now amended, subject to the following further amendment, outlined on the addendum:

 

Insert at Paragraph 2.7

 

‘Where an application is made in which the Cabinet or Executive have an interest, any member of the Development Control Committee who is also an Executive Member must carefully consider whether they have a personal or prejudicial interest to declare”.

 

[REASON: Members have requested clear guidelines to help them deal with planning applications and associated lobbying. The Local Government Association recommends that Councils have a local protocol for dealing with planning issues].

Enc.

292.

Planning Appeals Update

Report of the Chief Planning Officer.

 

FOR INFORMATION

Minutes:

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

 

RESOLVED: That the report be noted.

Enc.

293.

Enforcement Notices Awaiting Compliance

FOR INFORMATION

Minutes:

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

 

RESOLVED: That the report be noted.

294.

Telecommunications Development

(If any)

Minutes:

P/777/03/CDT – 250-252 Northolt Road, South Harrow

 

Determination: Provision of 3 equipment cabinets, supporting grillage and safety hand railing on roof.

 

RESOLVED: That prior approval be not required, subject to the informatives reported.

295.

Determination of Demolition Applications

(If any)

Minutes:

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

296.

Member Site Visits to the Kings Head Hotel, Harrow on the Hill and Glasfryn, 2 Waldron Road, Harrow

At the last meeting of the Committee, held on 9 April, it was agreed that consideration of the above applications would be deferred pending Member Site Visits. However, it has not proved possible to identify any suitable dates, prior to the date of this meeting, on which to hold the visits. The Committee is therefore now requested to agree a date on which the visits will be held.

Minutes:

See Minute 300 (1).

297.

East End Farm Barns Planning and Listed Building Appeals

The Committee considered a report of the Chief planning officer, and the advice of Counsel and a consultant appended thereto, under Part II

Minutes:

The Committee considered a report of the Chief Planning Officer, and the advice of Counsel and a consultant appended thereto, regarding the forthcoming appeal in respect of the Committee’s decision to refuse planning applications WEST/668/02/LBC, WEST/666/02/FUL and WEST/667/02/CAC, which related to East End Farm Barns, under Part II of the agenda. Following discussion it was

 

RESOLVED: That (1) the Committee accept that, on current advice, the only viable use for the site is one which involves an element of residential use but that any residential use should be the minimum possible and located in the least sensitive part of the site; and

 

(2) it be agreed to amend reason for refusal (1) of WEST/666/02/FUL and reason for refusal (4) of WEST/668/02/LBC to read  “The proposed change of use of the two principally listed barns, which will involve interventions of harm to their special character, has not been satisfactorily demonstrated to be the only viable use for the buildings, and is contrary to advice set out in PPG15, paras 3.7-3.19”.

 

(See also Minute 282).

298.

Confirmation of a Tree Preservation Order Subject to an Objection - TPO No. 662, Temple Mead Close (No. 3), Stanmore

Minutes:

The Committee received a report of the Chief Planning Officer which sought confirmation of a Tree Protection order which had been the subject of an objection. Details of the background to the situation and an outline of the objection were set-out and recommendations made accordingly.

 

RESOLVED: That the above Order be confirmed and the objector be advised accordingly.

 

[REASON: To ensure the preservation of the tree].

299.

Issue Placed on the Agenda Further to a Request of the Committee - Nomination of a Member to Assist with the Harrow Hospital Appeal

A Member requested that the Committee nominate a Member to assist officers with the appeal in respect of the refusal of applications relating to Harrow Hospital, Roxeth Hill. It was agreed that a Member would be nominated at the first meeting of the Committee of the new Municipal Year.

 

RESOLVED: that the above be noted.

Minutes:

A Member of the Committee requested that a member be nominated to assist officers with the appeal in respect of the refusal of applications relating to Harrow Hospital, Roxeth Hill. It was agreed that a Member would be nominated at the first meeting of the Committee of the new Municipal Year.

 

RESOLVED: that the above be noted.

300.

Any Other Business

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

Minutes:

RESOLVED: that the issues raised below be noted and the action outlined be agreed:

 

(1)            Member Site Visits to Hatch End Tennis Club, 2 Ingleby Drive and Glasfryn, 2 Waldron Road

Following discussion it was agreed that Member site visits to the above properties would take place on Tuesday 13 May 2003 and that Members would meet at the Civic Centre at 6.00pm. It was noted that application WEST/694/02/LBC in respect of the Kings Head Hotel had now been determined and a site visit to this property was therefore no longer required.

 

(2)            Member Site Visit to the Royal National Orthopaedic Hospital, Stanmore

It was noted that any Member unable to attend the previously arranged site visit to the Royal National Orthopaedic Hospital, scheduled to take place on 22nd May, should contact the Chief Planning Officer to discuss the possibility of arranging an additional site visit.

 

(3)            Harrow Hospital Appeal

Further to concern expressed by a Member, it was agreed that officers would liaise with the planning inspectorate to request that they consider accepting objections by members of the public received after the deadline.

 

(4)            94 Merlin Crescent , Edgware – Enforcement Action

It was agreed that officers would contact Councillor Burchell direct to clarify the status of the enforcement action relating to the above property.

 

(5)            81 Roxeth Hill – Enforcement Issue

It was agreed that enforcement officers would investigate building works at the above property and report back to a future meeting.

 

(6)            Former Middlesex and Herts Country Club – Enforcement Issue

A Member pointed out that it had been agreed that officers would investigate the above and report back to this meeting of the Committee, but no report had yet been forthcoming.

 

(7)            Enforcement Action re Jacot, 3 Mount Park Road

Councillor Mrs Kinnear pointed out that, at the last meeting of the Committee, it had been agreed that officers would contact her direct to advise of the status of the enforcement action in respect of the above property but that no contact had been made.

301.

Extensions to and Termination of the Meeting

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

 

RESOLVED: At …..pm to continue until all the business for which members of the public were present had been completed.

Minutes:

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

 

RESOLVED: At 10.00 pm to  continue until 10.15 pm.

302.

Confirmation of a Tree Preservation order Subject to an Objection - TPO No. 662, Templemead Close, No. 3), Stanmore

Report of the Chief Planning Officer.

303.

Issues Placed on the agenda further to the request of a Member of the Committee

Councillor Mrs Kinnear has requested that the following 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. The Committee is requested to consider whether, in accordance with the Local Government (Access to Information) Act 1985 and Committee Procedure Rule 8(ii), the item may be admitted to the agenda by reason of the special circumstances/ grounds for urgency specified:

 

Issue

Special Circumstances/Reasons for Urgency

Nomination of a Member of the Committee to assist officers with the appeal in respect of the refusal of applications relating to Harrow Hospital, Roxeth Hill.

Councillor Mrs Kinnear has requested that this item be admitted to the agenda to allow a Member to be nominated to assist with the forthcoming appeal as soon as possible.