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 Member:-

RESOLVED: That, in accordance with Committee Procedure Rule 4.1, Councillor Vina Mithani, who was not a Member of the Committee, be allowed to speak on Item 2/05 on the list of Planning Applications Received.

[Note: At the point of the meeting at which application 2/05 was discussed, Councillor Mithani was not present and therefore did not speak on this matter].

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)                   Planning Applications 1/06 – 1/ 11 – Harrow Hospital, Roxeth Hill, Harrow

Councillor Bluston declared a personal interest in the above applications arising from his appointment, by the Authority, as a Trustee of Victoria Hall, which was run by the YMCA, which organisation had an interest in the above. Accordingly, he remained in the room and took part in the discussion and voting on this item.

(ii)                 Planning Application 2/05 – Brent House, 214 Kenton Road, Kenton

Councillor Janet Cowan declared a prejudicial interest in the above application arising from the fact that she knew the owner of the property. Accordingly, she left the room and took no part in the discussion or decision-making on this item.

(iii)                Planning Application 2/11 – 49 High Street, Harrow on the Hill

A note on the main agenda advised that Councillor Harriss, who was not present at the meeting, had, in accordance with Paragraph 2.5 of the Protocol for Members and Reserve Members when Dealing with Planning Applications and Lobbying, given notice of an interest in the above application, on the basis that the applicant was his father.

Councillors Marilyn Ashton, Mrs Bath, Janet Cowan, Knowles and Mrs Joyce Nickolay declared a prejudicial interest in the above application arising from the fact that a relation of the Conservative Group owned the property. Accordingly, they left the room and took no part in the discussion or decision-making on this item.

(iv)                Planning Application 2/14 – Stanmore Golf Club House, 29 Gordon Avenue, Stanmore

Councillor Bluston declared a personal interest in the above application arising from the fact that he had played at the golf club many times and knew a number of members of the club. Accordingly, he remained and took part in the discussion and decision-making on this item.

(v)                  Planning Application 2/15 – Tanglewood Cottage,    12 Tanglewood Close, Stanmore

Councillor Mrs Ashton declared a prejudicial interest in the above application arising from the fact that the applicants were her neighbours. She accordingly left the room and took no part in the discussion or decision-making on this item

(vi)                Planning Application 2/18 – 7 Village Way East, Harrow

A note on the main agenda advised that Councillor Harriss, who was not present at the meeting, had, in accordance with Paragraph 2.5 of the Protocol for Members and Reserve Members when Dealing with Planning Applications and Lobbying, given notice of an interest in the above application, on the basis that the applicant was his father.

Councillors Marilyn Ashton, Mrs Bath, Janet Cowan, Knowles and Mrs Joyce Nickolay declared a prejudicial interest in the above application arising from the fact that a relation of the Conservative Group owned the property. Accordingly, they left the room and took no part in the discussion or decision-making on this item.

(vii)               Planning Application 2/21 – 3 Canons Drive, Edgware

Councillor Janet Cowan declared a prejudicial interest in the above  ...  view the full minutes text for item 557.

(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 Chair be given authority to sign the minutes of the meeting held on 17 March 2004 as a correct record once they have been printed in the Council Bound Minute Volume.

RESOLVED:  That it be agreed that, having been circulated, the minutes of the meeting held on 17 March 2004 be signed as a correct record of that meeting, subject to the following amendment:

Amend 523(ii) to read:

“Planning Applications 2/05 and 2/06 – Arnold House Playing Fields, 44 Donnefield Avenue, Edgware – P/66/04/CFU & P/67/04/CCA

Councillor Bluston declared a personal interest in the above item arising from the fact that he had played at the tennis club a number of times and he knew a number of members of the club.  Accordingly, he remained and took part in the decision-making and discussion on this item”.

A Member reminded the Committee that, at the previous meeting they had deferred approval of the minutes of the meeting held on 11 February 2004 insofar as they related to planning application 2/01 to allow queries regarding the minuting of comments made by Members of the Committee at that meeting in relation to that application to be resolved. She queried whether the matter had now been resolved. In response, it was advised that the Borough Solicitor was still giving the matter consideration.

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 that there were no petitions to be received by the meeting.

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).

[Note: The report of the Chief Planning Officer regarding the Planning and Development Improvement Plan 2004/05-2006/07 can be found at Agenda Item 11).

This reference was discussed as part of the debate on Agenda Item 11 – Planning and Development Improvement Plan 2004/05 ? 2006/07 (See Minute 567).

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 item 2/05 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.

Report of the Chief Planning Officer.

The Committee received a report of the Chief Planning Officer regarding the Planning and Development Improvement Plan 2004/05 ? 2006/07. It was explained that the plan addressed the need to improve performance of the Planning and Development function to meet Government and local targets, addressed the Office of the Deputy Prime Minister’s concerns regarding the current levels of performance, and sought to maximise the 2005/07 Planning Delivery Grant allocation and influence the Comprehensive Performance Assessment process.

It was noted that Cabinet had discussed this matter at their meeting held the previous evening, and that their response was outlined in a reference to this Committee, circulated under cover of the Second Supplemental Agenda.

During the discussion which followed, the Committee agreed that, due to the lateness of the hour, consideration of this item would be deferred and a Special Meeting would be convened to allow the Committee to give proper consideration to the report. It was noted however that those matters which had been approved by Cabinet would, not withstanding the Committee’s deferral of the item, be implemented shortly.

RESOLVED:  To defer consideration of this item to a Special Meeting of the Committee which it be agreed be held at 6.30 pm on 18 May 2004, prior to the ordinary meeting of the Committee scheduled to be held that evening.

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

The Committee received a joint report of the Borough Solicitor and of the Chief Planning Officer which set out a response to a petition which had been presented to the Committee at its last meeting regarding the construction of a vehicular crossing in the footway in front of the above property.

It was explained that, on this occasion, the provision of a vehicular crossing did not require planning consent but Condition 17 of planning consent WEST/138/97/CON did preclude vehicular access to the front of the premises. However, it was further advised that, as at this time no evidence had been presented to or obtained by the Council to show that the vehicular crossing was being used to gain vehicular access to the front of the premises and there was therefore no evidence that a breach of planning condition existed, there were currently no grounds for the instigation of planning enforcement action.

RESOLVED:  That (1) subject to his being satisfied as to the evidence, the Borough Solicitor be authorised to:

(a)                 Issue a Breach of Condition Notice pursuant to Section 187A of the Town and Country Planning Act 1990 requiring:

(i)                  The permanent cessation of taking vehicular access to the front of the premises;

(ii)                 Within one month beginning with the day on which the notice takes effect.

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

(i)                  supply the information required by the Borough Solicitor to the Council through the issue of Notice(s) under Section 330 of the Town and Country Planning Act 1990

and/or

(ii)                 comply with the Breach of Condition Notice;

(2) should the Borough Solicitor not be satisfied to the evidence, no further action be taken regarding this matter.

[REASON: As outlined at paragraph 8 of the officer report].

(Note: It was pointed out that the above property fell within Headstone North Ward and not Wealdstone Ward).

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

The Committee received a joint report of the Borough Solicitor and the Chief Planning Officer regarding a breach of planning control at the above address.

The report outlined the nature of the breach, which was the material change in use of the property from a single family dwelling house (Class C3) to office (Class B1) without the benefit of planning permission. The report advised that it was now considered expedient to issue an enforcement notice to rectify the breach for the reasons stated in the officer report.

RESOLVED:  That, subject to his being satisfied as to the evidence, the Borough Solicitor be authorised to:

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

(i)                   The cessation of use of the property as an office, the permanent removal of all desks but one, of all telephone lines but two and of all computers/terminals but one;

(ii)                 The notice to take effect on a date to be specified therein, not being less than 42 days  from the date of issue.

(i) and (ii) to be complied with within a period of 2 months from the date on which the Notice takes effect;

(2) Issue Notices under section 330 of the Town and Country Planning Act 1990 (as amended) as necessary in relation to the above alleged breach of planning control; and

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

(i)                   supply the information required by the Borough Solicitor to the Council through the issue of Notice(s) under Section 330 of the Town and Country Planning Act 1990

and/or

(ii)                 comply with the Enforcement Notice

[REASON: As outlined at paragraph 8 of the officer report].

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

The Committee received a joint report of the Borough Solicitor and the Chief Planning Officer which advised of a breach of planning control at the above address.

The report outlined the nature of the breach, which was the erection, without planning permission, of timber and wire fences on the roof of the above property. The report advised that it was now considered expedient to issue an enforcement notice to rectify the breach for the reasons stated in the officer report.

RESOLVED:  That, subject to his being satisfied as to the evidence, the Borough Solicitor be authorised to:

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

(i)                   the demolition of the fencing;

(ii)                 the permanent removal of its constituent elements from the land.

(i) and (ii) to be complied with within a period of 3 months from the date on which the Notice takes effect;

(2) Issue Notices under section 330 of the Town and Country Planning Act 1990 (as amended) as necessary in relation to the above alleged breach of planning control; and

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

(i)                   supply the information required by the Borough Solicitor to the Council through the issue of Notice(s) under Section 330 of the Town and Country Planning Act 1990

and/or

(ii)                 comply with the Enforcement Notice

[REASON: As outlined at paragraph 8 of the officer report].

The Committee considered a report of the Chief Planning Officer regarding the confirmation of a Tree Preservation Order (TPO) which had been the subject of an objection. The report considered the objection received and made recommendations accordingly.

During the discussion on this item, a number of Members affirmed their support for the protection afforded by Tree Preservation Orders and noted that the objector would retain the right to apply for works to the trees following confirmation of the order.

RESOLVED:  That (1) the Tree Preservation Order be confirmed, subject to the amendments set out in the officer report and shown on the First Schedule and Ordnance Survey Plan (dated 15/04/2004); and

(2)  the Borough Solicitor be requested to advise the objector accordingly.

Report of the Chief Planning Officer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 703 Elms Road (No. 13), 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 56 Elms Road (No. 1), Harrow Weald on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report].

Report of the Chief Planning Officer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1) make a new Tree Preservation Order (TPO) to be known as TPO 704 Uxbridge Road (No. 40), 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 10, Area 31 on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report]. 

Report of the Chief Planning Offficer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 705 Merrion Avenue (No.1), Canons 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 10, Area 40 on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report].

Report of the Chief Planning Officer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 706 Uxbridge Road (No. 41), Stanmore Park 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 10, Area 35 on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report].

Report of the Chief Planning Officer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 707 South View Road (No. 6), 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 10, Area 1 on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report]. 

Report of the Chief Planning Officer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 708 Park View Road (No. 3), 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 10, Area 2 on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report].

Report of the Chief Planning Officer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 709 South View Road (No. 7), 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 10, Area 3 on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report].

Report of the Chief Planning Officer.

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

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 710 Pinner Hill (No. 6), 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 10, Area 4 on confirmation of the above.

[REASON: To accord with current policy (see paragraph 6.2 of the officer report].

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.

Report of the Borough Solicitor.

The Committee received a report of the Borough Solicitor outlining action taken by the Chief Planning Officer following consultation with the Chair and Nominated Members of the Development Control Committee, since the meeting of the Committee held on 11 February 2004, under the Urgent Non?Executive Action Procedure.

RESOLVED:  To note the following action, taken under the Urgent Non-Executive Action Procedure:

Subject: Confirmation of Tree Preservation Order No. 701 Canons Drive.

Action Proposed: Confirmation of Tree Preservation Order No. 701 Canons Drive (No. 4), which was the subject of an objection from the owner, without amendments. Advise the Borough Solicitor accordingly.

Reason for Urgency: The Order would have lapsed if it had not been confirmed before 10 March 2004 and the next possible meeting of the Development Control to which the item could have been submitted was not until 17 March 2004.

Decision:  Officer Recommendation agreed.

(if any).

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

(if any).

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

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

Temporary fencing erected at Suzanne’s Riding Stables, Brookshill

A Member explained to the Committee that an application for hoarding at the above site was currently awaiting determination and advised that it had come to her attention that, in the meantime, a mesh fencing had been erected without the benefit of planning permission. She expressed concern at the appearance of the meshing and the detrimental impact on the appearance of the Conservation Area and the amenities of neighbouring residents.

In response the Chief Planning Officer confirmed that an application for a more substantial form of fencing was awaiting determination and advised that officers were investigating whether the current fencing required permission and were in discussions with the applicants to resolve concerns regarding its visual impact.

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

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

(2)  10.30 pm to continue until 11.00 pm;

(3)  11.00 pm to continue until 11.30 pm;

(4)  11.30 pm to continue until 11.45 pm;

(5)  11.45 pm to continue until 12.00 am;

(6)  12.00 am to continue until 12.15 am; and

(7)  12.15 am continue until 12.20 am.