Agenda and minutes

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

RESOLVED:  To note that there were no Reserve Members in attendance at this meeting.

RESOLVED: That, in accordance with Committee Procedure Rule 4.1, Councillors Harriss and Mrs Kinnear, who were not Members of the Committee, be allowed to speak on main agenda item 4 and planning application 2/15 respectively.

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

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

(i)                   Main Agenda Item 4 – Minutes

Councillor Harriss advised that wished to challenge the accuracy of the minute relating to Item 2/09 and declared an interest in main agenda item 4 arising from the fact that he was the owner of the property and had had a prejudicial interest in that application.

(ii)                 Main Agenda Item 23 – Certificate of Lawful Proposed Development: 15 Westway, Pinner

Councillors Marilyn Ashton, Mrs Bath, Kara, Knowles and Mrs Joyce Nickolay declared a prejudicial interest in the above item arising from the fact that a Member of the Conservative Group lived in the property, and accordingly left the room and took no part in the discussion or voting on this item.

(iii)                Planning Application 2/25 – Harrow College, 12 Brookshill, Harrow Weald (P/1506/03/CFU)

Councillor Miles declared a personal interest in the above application arising from the fact that his daughter attended the above college. Accordingly he remained and took part in the discussion and voting 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(b)  to receive the addendum sheets and to note any applications which are recommended for deferral or have been withdrawn from the agenda by the applicant.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 minutes of the meeting held on 10 September 2003 be agreed as a correct record and the Chair be given the authority to sign them once they have been printed in the Council Bound Minute Volume.

Councillor Harriss requested that an amendment be made to the minute in respect of planning application 2/09.

It was noted that Councillor Arnold should be listed as the fourth Reserve Member rather than the first Reserve Member and it was also noted that the second line of minute 379 should be amended to refer to ‘2 Kenton Road, 8 Kenton Road and 3 Kenton Avenue’ rather than ‘2 Kenton Road, 9 Kenton Road and 3 Kenton Avenue’.

Following discussion it was

RESOLVED: That the signing of the minutes of the meeting held on 10 September 2003, as a correct record of that meeting be deferred.

(See also Minute 394 - Declaration of Interests).

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.

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

·         Petition objecting to planning application 1/04 – Flat development in place of Northwick Park Hotel

Councillor Marilyn Ashton presented the above petition, signed by 53 local residents.

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

The Committee considered whether to hear a deputation request which had been received but which did not comply with all of the provisions of Committee Procedure 16 (Part 4B of the Constitution) in that it had not been received in writing, had been received after the deadline stipulated, and had not been supported by the signatures of 10 local residents/representatives of local businesses or organisations. Following discussion it was

RESOLVED: That under the provisions of Committee Procedure Rules 16.2, Procedure Rules 16.3 and 16.4 be suspended for the duration of the meeting and the following deputee be allowed to speak on the subject indicated for three minutes:

Deputation re Item 21 – Petition regarding Land at Kenton Road and Kenton Avenue, Harrow: From a local resident.

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 1/04, 2/07, 2/09 and 2/23 on the list of planning applications.

[Note: Consideration of planning application 2/09 was subsequently deferred and the representation therefore not heard].

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.

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 632, Uxbridge Road (No. 37), Harrow Weald) had previously 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.

It was noted that there was an objection to this TPO and Members sought clarification on the process for objectors. It was explained that this was only the first step in the TPO process and there would be subsequent opportunities for individuals to register their objection and for the Committee to consider these. 

RESOLVED: That the Borough Solicitor be authorised to:

(1)            make a new Tree Preservation Order(TPO) to be known as TPO 663, Uxbridge Road (No. 38), Harrow Weald, 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 632, Uxbridge Road (No. 37), Harrow Weald 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, Chester Drive (No. 2), North Harrow) had previously 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 666, Chester Drive (No. 3), North Harrow 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 633, Chester Drive (No. 2), North Harrow 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 657, West Way, (No. 4), Pinner) had previously 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 668, West End Lane (No. 2), Pinner 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 657, West Way (No. 4), Pinner 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 655, West Way (No. 2), Pinner) had previously 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 669, West Way (No. 5), Pinner 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 655, West Way (No. 2), Pinner 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 656, West Way (No. 3), Pinner) had previously 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.

A Member drew officers’ attention to the fact that tree T5 was situated in the garden belonging to 18a Gilbert Road. This was noted.

RESOLVED: That the Borough Solicitor be authorised to:

(1)            make a new Tree Preservation Order(TPO) to be known as TPO 670, Gilbert Road (No. 1), Pinner 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 656, West Way (No. 3), Pinner 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 which advised that a petition had been received from ten residents of Kenton Avenue and Kenton Road, Harrow providing information relating to alleged breaches of planning control at 3 Kenton Avenue and 2 and 8 Kenton Road. The signatories had asked that the information be taken into account when considering evidence relating to the authorised planning use of the properties. The report examined the request and made recommendations accordingly.

Prior to debating the report, the Committee received a deputation from a local resident. She reiterated the points raised by the petition and also pointed out that the Council Tax office had not been advised of the alleged alterations to the properties in question.

During the debate which followed, the Chief Planning Officer explained that the criteria for granting or refusing applications for certificates of lawful use were based on the history of the use and planning law. Objections to the use or development itself could not be taken into account.

Members noted that residents had first made contact with officers/Councillors over a year previously and expressed concern that the situation be progressed.

RESOLVED: That (1) the information provided be taken into account when the applications for certificate of lawful use in respect of 3 Kenton Avenue and 8 Kenton Road are determined; and

(2) a further report on progress made in investigating the history of the use of the above two properties be submitted to the next meeting of the Development Control Committee.

REASON: As set out in the officer report.

Report of the Chief Planning Officer.

A report about the procedure for notifications in respect of appropriate Certificate of Lawfulness applications had been requested at the meeting of the Development Control Committee held on 10 September 2003. Accordingly, a report of the Chief Planning Officer on this subject was now presented.

The report explained the criteria against which such applications were assessed and reported that there was no legal requirement for consultation on applications. However, it acknowledged that, in certain applications, there was a case for notifying neighbouring residents as they might be in a position to bring forward additional relevant information about the history if the site, and it therefore recommended the Chief Planning Officer be instructed to undertake publicity, where appropriate, on applications in respect of uses of a residential property, other than as a single family dwellinghouse.  Members welcomed the officer recommendation and sought clarification on the types of applications where publicity would be considered appropriate. It was explained that ‘appropriate’ cases would include, for example, multiple occupancy and hostel uses. Following discussion, it was

RESOLVED: That the Chief Planning officer be instructed to undertake publicity, if considered appropriate, on applications for Certificates of Lawful Existing Use in respect of uses of a residential property, other than as a single family dwellinghouse.

Report of the Chief Planning Officer.

The Committee received a report of the Chief Planning Officer regarding application P/1792/03/DCP for a certificate of Lawful Proposed Development for a summer house in the rear garden of the above property. It was noted that the application was being referred to the Committee for consideration in accordance with the terms of the delegated agreement as it had been submitted by the partner of an elected Member.

RESOLVED: That the Committee certifies that the development described in the application and submitted plans is lawful for the reasons set out in the officer report and subject to the informative indicated.

REASON: As set out in the officer report.

(See also Minute 394 – Declarations of Interest).

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.

It was noted that the tenth property listed on page 37 should read 51 Kynaston Wood rather than Kynaston Gardens.

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.

(See also Minute 415).

(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 actions outlined below be agreed:

(i)                   Whitmore High School, Porlock Avenue, Harrow – Issues relating to noise & disturbance/use of the access road

A Ward Member who attended to make representations on this application (2/15) conveyed to the Committee complaints from local residents who were disturbed by noise, activity and use of the access road to the site at evenings and weekends. Officers confirmed that there were no existing conditions which restricted use of the access road or much of the rest of the site. It was therefore agreed that Ward Members would raise the issue with the governing body.

(ii)                 Chalgrove, 30 Peterborough Road, Harrow

Following consideration of applications 3/01 and 3/02 on the agenda, it was noted that a report considering enforcement action in relation to the above property would be forthcoming.

(iii)                Enforcement Issues – 4 Elm Park

A Member requested an update on the position re enforcement action in respect of the above property

(iv)                Member Site Visit to 4 Waldrons Yard, Harrow

Following discussion it was agreed that the Member site visit to the above property would take place on Saturday 1 November and that Members would meet at the site at 10.00 am.

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) 10.30 pm to continue until 11.00 pm;

(3) 11.00 pm to continue until 11.15 pm;

(4) 11.15 pm  to continue until 11.30 pm;

(5) 11.30 pm to continue until 11.40 pm;

(6) 11.40 pm to continue until 11.50 pm;

(7) 11.50 pm to continue until 12.00 am; and

(8) 12.00 am to continue until 12.05 am.