Agenda and minutes

PART I - RECOMMENDATIONS - NIL

PART II - MINUTES

In the absence of Councillor Anne Whitehead, the appointed Chair of the Committee, the Members were invited to put forward nominations for a Chair for the meeting. Councillor Mrs Ashton was nominated and seconded. Accordingly it was

RESOLVED: That Councillor Marilyn Ashton be appointed Chair of the Committee for the purposes of this meeting. 

To note the appointment under the provisions of Council Procedure Rule 1.1 (xii) of Councillor Anne Whitehead as the Chair of the Development Control Committee for the 2003/2004 Municipal Year, as agreed at the Annual Council Meeting held on 15 May 2003.

[Note: Councillor Anne Whitehead will be absent from this meeting and the Committee are therefore invited to agree the appointment of a Chair for the purposes of this meeting].

RESOLVED: To note the appointment under the provisions of Council procedure Rule 1.1 (xii) of Councillor Anne Whitehead as Chair of the Development Control Committee for the 2003/2004 Municipal Year, as agreed at the Annual Council Meeting held on 15 May 2003.

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

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

RESOLVED: That, in accordance with Committee Procedure Rule 4.1, the following Councillors, who are not Members of the committee, be allowed to speak on the planning applications/items indicated:

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

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

(i)                   Item 2/06 – 160 Marsh Lane, Stanmore (P/341/03/CFU

Councillor Mrs Bath declared a prejudicial interest in the above application arising from the fact that the applicant had sent her a gift following the approval of an application in relation to this site which had previously been submitted to the Committee. She additionally informed the Committee that she had declared the gift on the hospitality register and donated it to charity. Accordingly she left the room and took no part in the discussion or voting on this item.

(ii)                 Item 2/14 – Hatch End Tennis Club, 20 Clonard Way, Pinner (P/168/03/CFU)

Councillor Knowles 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. He confirmed that he was not closely acquainted with the Member and had not discussed the application with her. Accordingly, he remained and took part in the voting and discussion on this item.

Councillors Mrs Bath 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.

(iii)                Item 2/27 – Harrow Hospital, Roxeth Hill, Harrow (P/115/03/CLB)

Councillor Bluston declared a personal interest in the above application arising from his position as a Trustee of Victoria Hall, which was run by the YMCA, which had an interest in the above.

Councillor Mrs Kinnear, who the Committee had given permission to speak on this item, declared a personal interest in the application arising from her membership of the Harrow on the Hill Trust, a local amenity society. She also declared a prejudicial interest arising from her appointment as a representative of  the Authority on the Harrow on the Hill Forum, but in accordance with Paragraph 12.2 of the Council’s Code of Conduct for Councillors, she remained and took part in the discussion 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 the minutes of the meeting held on 29 April 2003, having been circulated, be taken as read and signed as a correct record of that meeting.

RESOLVED: That the minutes of the meeting held on 3 June 2003, having been circulated, be taken as read and signed as a correct record of that meeting.

To appoint a Vice-Chair of the Committee for the 2003/2004 Municipal Year.

Further to the agenda Item in this matter and the nomination now made, it was

RESOLVED: To appoint Councillor Marilyn Ashton as Vice-Chair of the Development Control Committee for the 2003/2004 Municipal Year.

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 under the provisions of Committee Procedure Rule 15 (Part 4B of the Constitution).

RESOLVED: To note the receipt of the following petition which was considered with the relevant planning application on the agenda:

·         Petition objecting to Application 3/04, 2 Argyle Road, Harrow

Councillor Anjana Patel presented the above petition, signed by 52 local residents.

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 or other Committees or 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, representations be received in respect of items 2/08 and 2/14 on the list of planning applications and it be agreed to accept late requests to make representations on items 2/10 and 2/34 on the list of planning applications.

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.

The Committee considered an application for the change of use of the above property from residential use to that of a doctor’s surgery (C3 to D1).

RESOLVED: That the applicant be informed that (1) that the proposal is acceptable subject to the applicant, within one year (or such further period as the Council may determine) of this Committee date, entering into a legal agreement with the Council to ensure the following:

(i)                   the number of medical practitioners seeing and consulting with patients within the surgery at any one time shall be limited to three;

(ii)                 the number of ancillary staff, including nurses, working at the practice at any one time shall be limited to six;

(iii)                the surgery shall only be open to visiting patients between the hours of 08:30 to 12:30 Mondays to Saturdays and 15:30 to 18:30 Mondays to Fridays, and at no time on Sundays, except in the case of emergencies;

(iv)                that the surgery will give written consent to the Harrow Primary Care Trust to provide every 12 months or on request details of the latest group capitation figure for the practice, otherwise known as the 'group list size' and details of individual practitioner's capitation figure if required;

(v)                  that on request of the Local Planning Authority the practitioners within the surgery shall give details of their capitation figure otherwise known as the 'patient list size', within 14 days of request.

(2) A formal decision notice granting permission, subject to the conditions and informatives reported, will be issued on completion of the aforementioned legal agreement.

The Committee received an application for the change of use of the above property from retail to hot food take-away (A1 to A3).

RESOLVED: That permission in accordance with the development described in the application and submitted plans be GRANTED, subject to the conditions and informatives reported and to the prior receipt of a Unilateral Undertaking under Section 106 of the Town and Country Planning Act 1990 to secure the provision of £2000 towards Town Centre improvements, payable on date of commencement of the development.

The Committee received an application in respect of the demolition of the existing buildings at the above site and the construction of a car park with associated landscaping.

Following discussion it was

RESOLVED: That the applicant be informed that (1) the proposal is acceptable subject to the completion of a legal agreement within one year (or such period as the Council may determine) of the date of the Committee decision on the application relating to:

i)                     Provision by the applicant of a contribution of £60,000, to the Local Planning Authority to be used towards Harrow Town Centre infrastructure improvements, on commencement of the development.  Commencement to include demolition of the existing buildings;

ii)                   Use of the supermarket car park to be made available freely for a minimum of 2 hour stays by all town centre car users;

iii)                  The car park extension only to be implemented in conjunction with the store extension.

iv)                  No spaces within the car park shall be let to any third party.

(2) A formal decision notice granting permission, subject to the conditions and informatives reported, will be issued only upon completion of the aforementioned legal agreement.

Having refused permission for the development of a single storey extension and the continued use of the above property as three flats on the grounds that the number of converted properties in the road was already in excess of that considered appropriate and additional conversions would result in the further loss of character of the road and an imbalance in the mix of dwelling types and sizes, contrary to the Authority’s adopted conversion policy, and because the proposed layout of the ground floor did not provide adequate access for disabled persons, the Committee considered a report of the Chief Planning Officer which recommended that enforcement action now be taken to require the cessation  of  the use.

RESOLVED: That the Borough Secretary and Solicitor to the Council be authorised to:

(1) issue an Enforcement Notice pursuant to Section 172 of the Town and Country Planning Act 1990 requiring the cessation of use of the above dwellinghouse as 3 flats within 6 months; and

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

(i) supply the information required by the Borough Secretary and Solicitor 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: As outlined above and in the officer report].

Having refused permission for the retention of fencing and a gate on the front boundary of the above property on the grounds that, due to its unsatisfactory design and appearance, it detracted from the character and appearance of the property and that part of the Conservation Area, the Committee now gave consideration to a report of the Chief Planning Officer which recommended that enforcement action be taken to require the removal of the above and the making good of the boundary.

RESOLVED: That the Borough Secretary and Solicitor to the Council be authorised to:

(1) issue an Enforcement Notice pursuant to Section 172 of the Town and Country Planning Act 1990 requiring:

(i)       the removal of the unauthorised fencing from the site

(ii)      the reinstatement of the boundary enclosure in the original style associated with Grimsdyke Road (type B identified in the Pinnerwood Park Estate Design Guide)

within 2 months; and

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

(i)       supply the information required by the Borough Secretary and Solicitor 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: As outlined above and in the officer report].

Having refused permission for the retention of a single storey side extension and roof extensions on the grounds that the roof extension, by reason of its excessive height, width and resulting bulk would be unduly prominent and obtrusive in the streetscene, to the detriment of the character and appearance of this part of the Conservation Area, the Committee gave consideration to a report of the Chief Planning Officer which recommended that enforcement action be taken against the roof extension. Following lengthy discussion it was

RESOLVED: That the Borough Secretary and Solicitor to the Council be authorised to:

(1) issue an Enforcement Notice pursuant to Section 172 of the Town and Country Planning Act 1990 requiring the removal of the roof extension and re-instatement of the roof within 3 months; and 

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

(i)      supply the information required by the Borough Secretary and Solicitor 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: As outlined above and in the officer report].

Report of the Chief Planning Officer.

The Committee had previously received a report at its meeting held on 9 April 2003 regarding a breach of planning control in relation to the construction of a dwelling house at the above address. It had been advised that the ground floor slab had been constructed approximately 440mm higher than approved, and the dwelling-house, therefore, if built to the same design as approved, would be 440mm higher also.

The permission given had been subject to a condition requiring final building levels to be agreed by the local planning authority, and officers had considered that, as this relatively modest increase in height maintained the relationship between the new dwelling and the existing dwelling, it was acceptable and would not result in any demonstrable harm. They had therefore recommended that the condition be discharged as being acceptable.

The Committee, however, having considered the officer recommendation, had resolved that a Breach of Condition Notice requiring compliance with the condition be issued and the applicant be advised that the Committee were minded to take enforcement action to ensure that the finished height of the building was in accordance with the planning permission given. The Committee had also requested that officers submit a further report to a future meeting to update the Committee.

The Chief Planning Officer therefore now presented a further report which advised that, having contacted the applicant regarding the Committee’s resolutions outlined above, the applicant had indicated that he had no intention of lowering the building until all legal remedy had been exhausted. Notwithstanding this response, he recommended that, for the reasons previously outlined, the Committee agree to discharge the levels condition as acceptable, that no further action regarding the breach of planning control be taken at that time, and the situation be monitored.

During the lengthy discussion which followed, Members expressed concern that it seemed likely that the completed house would be of a greater height than approved and that this additional height would have a negative impact on the street scene and the amenity of neighbouring residents. Accordingly it was agreed that it would be expedient for enforcement action to be taken, as set out below and for the reasons detailed.

RESOLVED: That the Borough Solicitor be authorised to:

(1) Issue an Enforcement Notice pursuant to Section 172 of the Town and Country Planning Act 1990 requiring:

the partial demolition, and lowering in height by 440mm, of the basement structure to accord with the height of the basement proposed in planning application WEST/818/99/FUL, granted planning permission on appeal on 13 July 2000,            within a period of 3 months.

(2) Institute legal proceedings in the event of failure to:

(i)      supply the information required by the Borough Solicitor through the issue of Notices under Section 330 of the Town and Country Planning Act 1990;

and / or

(ii)      comply with the Enforcement Notice.

[REASONS:

1.   The basement constructed on the site is development requiring planning permission.  It is materially different to that granted planning permission as part of the overall development,  ...  view the full minutes text for item 321.

Report of the Borough Solicitor.

The Committee received a report and a supplemental report of the Borough Solicitor setting out action taken by the Chief Planning Officer, following consultation with the Chair and Nominated Members of the Committee, under the Urgent Non-Executive Decision Procedure.

RESOLVED: To note the following action taken under the urgent Non-Executive Decision Procedure:

(1)     Subject: Section 106 Agreement – Prince Edward Playing Field Trust.
Action: The amendment of the first head of term of the legal agreement, as set out in the officer report.
Decision: Agreed.

(2)     Subject: Telecommunications Development – Junction of Canning Road and High Street, Wealdstone.

Action: The approval of siting and appearance details relating to proposed cabinets and ancillary equipment.

Decision: Agreed that:

1) approval of siting and appearance details be required

2) approval of siting and appearance details be refused for the following reason:

The proposed development, by reason of scale, siting and appearance would be detrimental to the visual amenity of the area.

[Note: As the Nominated Members consulted were not unanimous in their response, in accordance with the agreed procedure, the above matter was referred to the Chief Executive who took the decision outlined above following consultation with Leaders of all political groups].

Report of the Chief Planning Officer.

FOR INFORMATION 

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.

FOR INFORMATION

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

RESOLVED: That the report be noted.

(if any).

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

(if any).

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

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

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

(1)     2 Ingleby Drive – Issues Relating to the Condition of the Site

It was agreed that the Chief Planning Officer would write to the owners of the above property expressing the Committee’s disquiet at the state of the site.

(2)     Organisation of the List of Planning Applications

The Committee requested that the Chief Planning Officer give consideration to organising agenda so that Local Authority applications were once again contained in a separate section, for the purposes of clarity.

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

A Member of the Committee requested that officers report back on the status of the enforcement action relating to the above property.

(4)     Site Visits to 57 West End Avenue, land to the rear of 32-38 Greenford Road and land to the rear of 52-58 Church Road

Following discussion, it was agreed that Member site visits to the above properties would take place on Monday 30 June and that Members would meet at the Civic Centre at 6.00 pm.