Agenda and minutes

Development Control Committee - Tuesday 18 May 2004 7.30 pm

Venue: Committee Rooms 1 & 2, Harrow Civic Centre

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

Items
Note No. Item

PART I - RECOMMENDATIONS - NIL

PART II - MINUTES

594.

Attendance by Reserve Members

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

 

[Note: The Members and Reserve Members of the Committee for the 2004/2005 Municipal Year are as appointed by the Annual Council Meeting of 13 May 2004].

Minutes:

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

 

Ordinary Member

 

Reserve Member

Councillor Knowles

Councillor Kara

595.

Declarations of Interest

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.

Minutes:

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

 

(i)                   Planning Application 1/05 - 45-51 Southfield Park, North Harrow

 

Councillor Marilyn Ashton declared a personal interest in the above application arising from the fact that she knew the agent of the applicant.  Accordingly, she left the room and took no part in the discussion or decision-making on this item.

 

Councillors Mrs Bath, Janet Cowan and Mrs Joyce Nickolay declared a personal interest in the above application arising from the fact that they had visited the home of the agent for a coffee morning and to raise funds for the Conservative Party.  They chose to leave the room and took no part in the discussion and decision-making on this item.

 

(ii)                 Planning Applications 1/08 - 1/10 - 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 these items.

 

(iii)                Planning Application 2/03 - North London Collegiate School, 90 Canons Drive, Edgware

 

Councillor Janet Cowan declared an interest in the above application arising from her appointment, by the Authority, on the Board of Governors of the School.  She asked the legal representative present at the meeting whether she was required to leave the room.

 

The legal representative advised that Councillor Janet Cowan could take part in the discussion and decision relating to this application as she had been appointed by the Authority.  However, it was for the Member concerned to decide whether or not to participate during consideration of this application.  The legal representative also advised Councillor Mrs Cowan to consider whether a member of the public with knowledge of the relevant facts would reasonably regard the interest as so significant that it was likely to prejudice the Member’s judgement of the public interest.

 

Councillor Janet Cowan chose to leave the room and took no part in the discussion and decision-making on this item. 

 

Councillor Idaikkadar declared an interest in the above application arising from the fact that his daughter attended the North London Collegiate School.  He chose to leave the room and took no part in the discussion and decision-making on this item.

 

(iv)                Planning Application 2/08 - 49 High Street, Harrow-on-the-Hill

 

A note on the supplemental agenda advised that Councillor Harris, who was not present at the meeting, had in accordance with Paragraph 2.5 of the Protocol for Members and Reserve Member 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, Kara and Mrs Joyce Nickolay declared a prejudicial interest in the above application arising from the fact that a relation of a Member of the Conservative Group owned the  ...  view the full minutes text for item 595.

596.

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) all items be considered with the press and public present with the exception of the following item for the reason set out below:

 

Item

Reason

 

28. Broomhill, Mount Park Road, Harrow-on-the-Hill

The report contained exempt information under paragraph 12 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended).

 

(2) in accordance with the provisions of the Local Government (Access to Information) Act 1985, the following items/information be admitted to the agenda by reasons of the special circumstances and grounds of urgency stated below:-

 

Agenda Item

Special Circumstances / Reasons for Urgency

 

27a – The John Lyon School, Harrow on the Hill

This report is admitted to the agenda in order to enable a response to be provided for The John Lyon School to inform their plans for the next academic year.

 

Addendum

This contains information relating to various items on the agenda and is based on information received after the agenda’s despatch.  It is admitted to the agenda in order to enable Members to consider all information relevant to the items before them for decision.

 

(3)  the applications recommended for deferral and those that had been withdrawn from the agenda by the applicant, as set out in the Addendum, be noted.

 

(See also Minute 622(ii)).

 

[Note:  The Chair re-ordered the agenda at the meeting in order to allow early consideration of the items that the public were present for.  However, business is recorded in the order of the items set out in the agenda for reasons of clarity].

597.

Right of Members to Speak

Minutes:

RESOLVED:  That in accordance with Committee Procedure Rule 4.1 (1) Councillor D Ashton be allowed to speak on item 1/06 on the list of Planning Applications Received;

 

(2)  Councillor Mrs Kinnear be allowed to speak on items 27(a) and 28 on the main agenda.

598.

Minutes of the Meeting held on 21 April 2004 pdf icon PDF 12 KB

Additional documents:

Minutes:

RESOLVED:  That it be agreed that the Chair be given authority to sign the minutes of the meeting held on 21 April 2004, which had been circulated, as a correct record once they have been printed in the Council Bound Minute Volume.

599.

Minutes relating to the Committee's Consideration of Application P/2677/03/CVA/GM re Timbers, 41 Brookshill, Harrow

Minutes:

The Committee received a report of the Borough Solicitor recommending that the minutes of the meeting held on 11 February 2004, insofar as they relate to the above mentioned planning application, which had been deferred to allow queries regarding the minuting of comments made by Members of the Committee at that meeting, be now approved. 

 

A Member stated that some of the comments made by Members at the Committee meeting held on 11 February 2004 during consideration of the above-mentioned application, which had evoked interest and complaints, had not been minuted.  She maintained that these comments ought to have been minuted but stated that she accepted the conclusion reached by the Borough Solicitor.

 

RESOLVED:   That the minutes of the meeting held on 11 February 2004 insofar as they relate to planning application 2/01 be agreed as a correct record of that meeting.

 

[REASON:  To complete approval of the minutes of the Committee’s 11 February 2004 meeting.]

600.

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).

601.

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.

602.

Deputations

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

Enc.

603.

References from Council and other Committees/Panels pdf icon PDF 7 KB

To receive the attached reference from the Council Meeting of 29 April 2004 and any other references from other Committees or Panels.

Additional documents:

Minutes:

The Committee received a reference from the Council meeting held on 29 April 2004 stating that 31 letters of objection from residents of Southfield Park, Station Road and Hooking Green in relation to the outline planning application in respect of 45?51 Southfield Park had been presented to Council.

 

RESOLVED:  That the letters of objection be considered alongside the planning application which was also on the agenda that evening. 

 

(See Item 1/05 in the attached schedule and also Minute 595(i): Declarations of Interest).

604.

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, in accordance with the provisions of Committee Procedure Rule 17 (Part 4B of the Constitution), a representation be received in respect of item 1/06 on the list of planning applications, details of which were set out in the Addendum.

605.

Planning Applications Received pdf icon PDF 80 KB

Report of the Chief Planning Officer (circulated separately).

Additional documents:

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.

606.

Tree Preservation Order (TPO) re 'Micklefield House', 'Lee-House', 'Potters End' and 'Potters End Lodge', Potter Street Hill, Pinner pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 711 Potter Street Hill (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 10, Area 5 on confirmation of the above.

 

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

Enc.

607.

Tree Preservation Order (TPO) re 'Mickledore', 'The Sloes', 'Brookside', Hunters Lodge', Southerly Ridge', 'Xanadu' and Carleton Cottage, Potter Street Hill, Pinner pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 712 Potter Street Hill (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 10, Area 6 on confirmation of the above.

 

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

Enc.

608.

Tree Preservation Order (TPO) re 'Meadowview', 'Tresanton' and 'La Corbiere', Potter Street Hill, Pinner and 'Monks Rest' and 'Amistoso', Hillside Road, Pinner pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 713 Potter Street Hill (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 7 on confirmation of the above.

 

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

Enc.

609.

Tree Preservation Order (TPO) re 'Madalane House', Hillside Road, Pinner (formerly known as 'Eleventrees') pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 714 Hillside 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 10, Area 8 on confirmation of the above.

 

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

Enc.

610.

Tree Preservation Order (TPO) re On land adjacent to and rear of 1-21 West End Lane, including properties 1-21 West End Lane and 60-68 Eastcote Road pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 715 West End Lane (No. 4), 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 5 on confirmation of the above.

 

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

Enc.

611.

Tree Preservation Order (TPO) re 'Oaklawn Court', 11, 11a, 13, 15, 17, 19 Gordon Avenue, Stanmore Park and 1-4 Laurimel Close, Stanmore Park pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 716 Gordon Avenue (No. 20), 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 39 and TPO 268 Gordon Avenue (No. 7) Stanmore on confirmation of the above.

 

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

Enc.

612.

Tree Preservation Order (TPO) re Land along Old Redding side of Copse Farm including Winston House, Old Redding, Harrow Weald pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 718 Old Redding (No. 2), 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 20 on confirmation of the above.

 

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

Enc.

613.

Tree Preservation Order (TPO) 'Grimswood House' and 'Grimswood Lodge', Old Redding, Harrow Weald pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 719 Old Redding (No. 3), 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 21 on confirmation of the above.

 

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

Enc.

614.

Tree Preservation Order (TPO) - Area of land between 'Grimswood House' and Weald Wood, known as 'Copse farmland', Old Redding , Harrow Weald pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 720 Old Redding (No. 4), 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 22 on confirmation of the above.

 

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

Enc.

615.

Tree Preservation Order (TPO) re 28 Old Redding known as 'The Case Is Altered', Harrow Weald and including the farmland behind 'The Case Is Altered', off Brookshill Drive. pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 721 Old Redding (No. 5), 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 23 and TPO 10, Area 24 on confirmation of the above.

 

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

Enc.

616.

Tree Preservation Order (TPO) re 'Portman Hall', Old Redding, Harrow Weald pdf icon PDF 14 KB

Report of the Chief Planning Officer.

Additional documents:

Minutes:

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 722 Old Redding (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 25 on confirmation of the above.

 

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

Enc.

617.

Brockley Hill, Stanmore: Request for authority to enter into a deed of variation to the 106 Agreement dated 29th June 2000 between the London Borough of Harrow and the Secretary of State for the Environment Transport and the Regions pdf icon PDF 10 KB

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

Minutes:

RESOLVED:  That a deed of variation be entered into as outlined in the officer report, subject to the information set out in the Addendum.

Enc.

618.

Planning Appeals Update pdf icon PDF 42 KB

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, those awaiting decision and those on which decisions had been made.  Councillor Marilyn Ashton stated that she was pleased that the appeal on 17?21 Haywood Close, Pinner had been dismissed.

 

RESOLVED:  That the report be noted and that the officers be congratulated on the success achieved in winning the arguments and appeals.

Enc.

619.

Enforcement Notices Awaiting Compliance pdf icon PDF 29 KB

FOR INFORMATION

Minutes:

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

 

Councillor Mrs Bath queried why there were no notes in relation to 1 Nelson Road, Harrow and Regent House, 21 Church Road, Stanmore.  The Chief Planning Officer agreed to provide details to Members.

 

Councillor Bluston stated that he wished 8 Kenton Road to be discussed at Committee as soon as possible.

 

RESOLVED:  That the report be noted.

620.

Telecommunications Developments

(if any).

Minutes:

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

621.

Determination of Demolition Applications

(if any).

Minutes:

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

622.

Any Other Business pdf icon PDF 20 KB

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

Additional documents:

Minutes:

(i)                   The John Lyon School, Harrow-on-the-Hill

 

The Committee received a report of the Chief Planning Officer on the request from the John Lyon School to increase the school roll from 525 to 600 pupils for full-time education at the school.

 

The Chief Planning Officer introduced his report and pointed out that any agreement to increase the numbers of pupils enrolled for full?time education would require the variation of the existing legal agreement.  He added that if after five years the Travel Plan did not achieve the desired objectives, the number of pupils would have to revert back to 525.

 

The Chief Planning Officer reported that the Council had not carried out any consultations on this request, that it was not duty bound to do so either.  However, Members may wish to request that such consultations be carried out prior to reaching a decision.  He drew attention to the case made by the John Lyon School that without additional income, the school would not be able to bear the cost of the school run.  The Chief Planning Officer was of the view that the proposal was reasonable and a logical way forward.

 

In response to a number of comments and questions, the Chief Planning Officer explained how the proposal might generate income and stated that

 

·                     various alternatives to the proposal had been examined with the school

 

·                     the legal agreement would be varied when the Transport Plan was in place

 

·                     the school had put its own Travel Plan pilot scheme in place

 

·                     there were methodologies in place for monitoring the Travel Plan and that the cost of the monitoring would be borne by the school.

 

Members also made the following cautionary remarks:

 

·                     that Green Travel Plans were not always successful and did not always produce the desired result

 

·                     that no concrete figures had been provided and it was unclear whether or not the Travel Plan would be subsidised.

 

A Member provided examples of Travel Plans which were successful and stated that the request from the school ought to be supported.  He added that the introduction of a Travel Plan would set a good example to other schools.

 

A Member who was backbenching on this item stated that, whilst the Council had not consulted the Ward Councillors, the headmaster of the school had informed her of the proposals.  She added that the school had also consulted residents and local amenity groups.  She spoke in support of the proposal and stressed the need to progress the Travel Plan quickly.  She added that the legal agreement would allow the situation to be contained provided it was sufficiently prescriptive.

 

RESOLVED:  That the legal agreement relating to planning application ref WEST/695/94/FUL be varied to allow the John Lyon School roll to be increased from 525 to 600 pupils and that a Travel Plan be in place prior to any additional pupils being accommodated.

 

(ii)                 Planning Application P/715/04/CFU – Royal National Orthopaedic Hospital, Brockley Hill, Stanmore

 

At the point of the meeting at which item 3 was  ...  view the full minutes text for item 622.

Enc.

623.

Broomhill, Mount Park Road, Harrow-on-the-Hill

Joint Report of the Borough Solicitor and the Chief Planning Officer

Minutes:

Members received a confidential report of the Chief Planning Officer and debated whether or not the non?compliance with Condition 8 of the planning permission granted was significant and material.  Following further discussion and the hearing of the views of a Member who was backbenching, it was

 

RESOLVED:  (1)  That the Committee does not support the recommendation of the Chief Planning Officer contained in the report and requests that further action be taken;

 

(2)  that officers be requested to submit a further report to the Development Control Committee.

 

[Note:  During consideration of this item, it was moved and seconded that further action be taken.  Upon being put to a vote this was carried].

 

(See also Minute 595(vi): Declarations of Interest).

624.

Members' Site Visit

Minutes:

Following discussion it was agreed that Members’ site visit to Madalane House, Hillside Road, Pinner (Item 2/14 in the schedule attached to the minutes also refers) would take place on 3 June 2004 at 6.30 pm.  It was further agreed that Members would meet at the site.

 

Additionally, the Committee had earlier agreed that the following sites ought to be visited at a future date:  Cloisters and the BAE Systems.

625.

Extension and Termination of the Meeting

Minutes:

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 10.15 pm;

 

(2)  10.15 pm to continue until 10.30 pm;

 

(3)  10.30 pm to continue until 10.45 pm;

 

(4)  10.45 pm to continue until 10.50 pm;

 

(5)  10.50 pm to continue until 11.00 pm;

 

(6)  11.00 pm to continue until 11.05 pm;

 

(7)  11.05 pm to continue until 11.10 pm.

Plans Schedule 18-5-04 pdf icon PDF 84 KB