Agenda and minutes

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 Members:-

RESOLVED: That, in accordance with Committee Procedure Rule 4.1, Councillor Mrs Kinnear, who is not a Member of the Committee, be allowed to speak on Agenda Item 19 – The Harrow Hospital Planning Appeal (Public Inquiry).

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 2/09 – 62 Station Road, North Harrow (P/233/03/CFU)

Councillor Knowles declared a prejudicial interest In the above application arising from the fact that he was a customer of the dog grooming parlour at this site. Accordingly he left the room and took no part in the discussion or voting on this item.

(ii)             Item 2/16 – 57 West End Avenue, Pinner (WEST/1008/02/FUL)

Councillors Marilyn Ashton, Bath, Billson, Harriss and Knowles advised that due to reasons of public perception they would be leaving the room and took no part in the discussion or voting on this item.

(iii)             Item 2/17 – Rima, 4 Priory Close, Stanmore (P/784/03/CFU)

Councillor Mrs Bath declared a prejudicial interest in the above application and accordingly left the room and took no part in the discussion or voting on this item.

(iv)             Item 2/22 – 187 The Ridgeway, North Harrow

Councillors Marilyn Ashton, Bath, Billson, Harriss and Knowles declared a prejudicial interest in the above item, arising from the fact that a Member of the Conservative Group owned the site, and accordingly left the room and took no part in the discussion or voting on this item.

(v)             Item 3/08 – Green Trees, 21 Briants Close, Pinner (P/626//03/CFU)

Councillor Anne Whitehead declared an interest in the above application arising from the fact that she owned a neighbouring property. Officers subsequently advised that this application had been withdrawn by the applicants and the Committee therefore were note required to determine the application.

(vi)             Agenda Item 19 – Harrow Hospital Planning Appeal (Public Inquiry)

Councillor Billson declared a prejudicial interest in the above item arising from his 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, he remained and took part in the discussion and voting on this item. Councillor Bluston also declared a personal interest in the application arising from his position as a Trustee of Victoria Hall, which was run by the YMCA and which had an interest in the above application. Accordingly, he also remained and took part in the discussion and voting on this item.

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 agree that the following item be considered with the press and public excluded for the reason indicated and to consider whether any other 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 1972 (as amended);

(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, with the exception of the following item, which it be agreed be considered with the press and public excluded for the reasons indicated:

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.

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

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 that there were no petitions to be received.

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 (Part 4B of the Constitution), representations be received in respect of items 2/11 and 2/31 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 relocation of the parade ground and car park at the above site.

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 this application, relating to:

(i) use by other schools in accordance with a schedule to be agreed by the Council annually, to contain details of times, frequency, mode of transport and access;

(ii) other than as agreed in (i) above, the facilities shall only be used by Harrow School and community groups/clubs that currently make use of the existing facilities.

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

The Committee considered an application for a detached two-storey building to provide four flats with access and parking, including provision for existing flats.

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) The developer shall fund all costs of public consultation, analysis, reporting and implementation of a Controlled Parking Zone in the immediate surroundings, at any time within 3 years of first occupation of the development, if in the Council’s opinion, a monitoring period shows unacceptable on-street parking, up to a maximum of £7.500 index linked.

(ii) The 17 parking spaces in the courtyard parking area be made freely available only for occupiers of Laburnum Court and Acacia Court and their visitors and to include 2 disabled persons bays.

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

(Note: Councillor Mrs Bath wished to be recorded as having voted against the decision to grant the above application).

The Committee considered a planning application for redevelopment of the above site to provide a detached house with a basement and accommodation in the roofspace.

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) The clearing of the site of all buildings except the detached garage the subject of Certificate of Lawfulness ref: P/1059/03/CLP prior to commencement of the development the subject of this application.  The Certificate of Lawfulness for the summerhouse ref: EAST/136/01/CLP and the detached garage, summerhouse and pool ref: EAST/873/00/CLP and EAST/1167/01/CLP shall not be implemented and the rights to implement them be surrendered.

ii) The removal of all permitted development rights in perpetuity for the site on signing of the legal agreement.

iii) No music or any other amplified sound shall be played from the garage.

(2) a formal decision notice, granting permission subject to the planning conditions and informative(s) reported and the following additional informative, agreed by the Committee, will be issued only upon completion of the aforementioned legal agreement:

Informative

5. The applicant is advised that any further applications are unlikely to be favourably considered.

(See also Minute 330).

Having refused permission for the retention of a roof extension to the front of a detached garden building at the above site (see application 3/03) on the grounds that it was, by reason of excessive bulk, unduly obtrusive and detrimental to the character and appearance of the Conservation Area, the Committee then gave consideration to a report of the Chief Planning Officer which considered taking enforcement action to address the above breach of planning control.

It was agreed that it was now expedient for enforcement action to be taken and the Committee

RESOLVED: That the Borough Solicitor be authorised to:

(1) Issue an Enforcement Notice pursuant to S. 172 of the Town and Country Planning Act 1990 requiring the  steps set out in (i) below in the time period set out in (ii) below in respect of the property:

(i) Remove the unauthorised front dormer attached to the rear garden house

(ii) Within 6 months

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

(i) supply the information required by the Borough Solicitor through the issue of Notice(s) under S330 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 received a report of the Chief Planning Officer regarding a Tree Preservation Order proposed for the above site.

The report advised that, in order to achieve immediate protection, a TPO (reference 640) had recently been made on the above site. In accordance with current policy, the site had then been re-surveyed to identify individual trees and groups of trees which were of high amenity value. The results of this survey were detailed and approval for a new TPO to protect these trees was now sought. It was explained that the existing Order would remain in force until the new Order was confirmed.

RESOLVED: That the Borough Solicitor be authorised to:

(1)            make a new Tree Preservation Order(TPO) to be known as TPO 664, Orley Farm Road (No. 2), Harrow on the Hill, pursuant to Sections 198 and 201 of the Town and Country Planning Act 1990, to protect those trees identified on the map and schedule attached to the officer report; and

(2)     revoke TPO 640, Orley Farm Road (No. 1), Harrow on the Hill on confirmation of the above TPO.

[REASON: As set out above and in the officer report].

Report of the Chief Planning Officer.

The Committee received a report of the Chief Planning Officer regarding a Tree Preservation Order proposed for the above site.

The report advised that, in order to achieve immediate protection, a TPO (reference 653) had recently been made on the above site. In accordance with current policy, the site had then been re-surveyed to identify individual trees and groups of trees which were of high amenity value. The results of this survey were detailed and approval for a new TPO to protect these trees was now sought. It was noted that the existing Order would remain in force until the new Order was confirmed.

RESOLVED: That the Borough Solicitor be authorised to:

(1)            make a new Tree Preservation Order(TPO) to be known as TPO 665, Greenford Road (No. 5), Sudbury, pursuant to Sections 198 and 201 of the Town and Country Planning Act 1990, to protect those trees identified on the map and schedule attached to the officer report; and

(2)            revoke TPO 653, Greenford Road (No. 4), Sudbury on confirmation of the above TPO.

[REASON: As set out above and in the officer report].

Report of the Chief Planning Officer.

The Committee received a report of the Chief Planning Officer regarding a Tree Preservation Order proposed for the above site.

The report advised that, in order to achieve immediate protection, a TPO (reference 633) had recently been made on the above site. In accordance with current policy, the site had then been re-surveyed to identify individual trees and groups of trees which were of high amenity value. The results of this survey were detailed and approval for a new TPO to protect these trees was now sought. It was noted that the existing Order would remain in force until the new Order was confirmed.

RESOLVED: That the Borough Solicitor be authorised to:

(1)            make a new Tree Preservation Order(TPO) to be known as TPO 667, Priory Drive (No. 5), Stanmore, pursuant to Sections 198 and 201 of the Town and Country Planning Act 1990, to protect those trees identified on the map and schedule attached to the officer report; and

(2)     revoke TPO 663, Priory Drive (No. 4), Stanmore on confirmation of the above TPO.

[REASON: As set out above and in the officer report].

Councillor Mrs Ashton has requested that the following issue be placed on the agenda under the provisions of Committee Procedure Rule 8 (Part 4B of the Constitution):

Request to re-schedule the meeting of the Development Control Committee currently scheduled to take place on 8 October 2003

Councillor Marilyn Ashton had requested that the above issue be placed on the agenda under the provisions of Committee Procedure Rule 8 (Part 4B of the Constitution).

She requested that the meeting of the Committee scheduled to be held on 8 October be re-scheduled to an alternative date to allow Members of the Conservative Group to attend the Conservative Party Annual Conference.

Following discussion it was

RESOLVED: That the meeting of the Committee scheduled to be held on 8 October 2003 be re-scheduled to 15 October 2003.

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.

(if any).

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

(if any).

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

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

The Committee considered a joint report of the Chief Planning Officer and Borough Solicitor regarding the forthcoming appeal in respect of the Committee’s decision to refuse planning applications WEST/833/02/FUL, WETS/834/02/CAC, WEST/835/02/LBC, WEST/836/02/LBC, WEST/837/02/FUL and WEST/838/02/CAC, which related to Harrow Hospital, under Part II of the agenda. Following discussion it was

RESOLVED:  That (1) the legal advice relating to the planning appeal in respect of the Harrow Hospital be noted; and

(2) it be agreed to nominate Councillor Marilyn Ashton to assist officers with the appeal. 

(Note: Councillors Bluston, Choudhury, Idaikkadar, Miles and Anne Whitehead wished to be recorded as having abstained from voting on the substantive issue at (1) above on the grounds that they had supported the grant of the applications referred to).

(See also Minute 331).

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

RESOLVED: That the actions outlined below be agreed:

(1)            28 Bromefield Road, Stanmore - Enforcement Issues

A Member advised the Committee that she had recently been contacted by residents regarding the above property. Following the recent grant of permission for its use as a massage therapy clinic, the owner had erected a large sign which neighbouring residents felt was intrusive, overbearing and out of character with the surrounding road. Upon contacting officers it had emerged that, due to the type of use now allowed, permission might not be required for this sign. The Member expressed concern that this pertinent fact had not been made clear to the Committee at the time of consideration of the application.

In response, officers advised that they were currently clarifying the legal situation. It was agreed that they would keep Councillor Marilyn Ashton informed of the situation.

(2)            Member Site Visits to North London Collegiate School, Edgware; 72 Silverston Way, Stanmore; and 16 Bede Close, Pinner

Following discussion it was agreed that the Member site visits to the above properties would take place on Monday 21 July 2003 and that Members would meet at the Civic Centre at 6.00pm.

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

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

(2) 11.00pm to continue until 11.05pm; and

(3) 11.05pm to continue until 11.10pm