Agenda and minutes

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

Reserve Members may attend meetings:-

(i)                 to take the place of an ordinary Member for whom they are a reserve;

(ii)               where the ordinary Member will be absent for the whole of the meeting; and

(iii)             after notifying the Chair at the start of the meeting.

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 agenda  items indicated:

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from all Members present.

RESOLVED: To note the following declarations of Interest by Members present relating to the business to be transacted at this meeting: -

  (i)               Planning Application 1/06 – The Princess Alexandra Home, 40 Common Road, Stanmore

Councillor Marilyn Ashton declared a prejudicial interest in the above application and accordingly left the room and took no part in the discussion or decision-making on this item.

Councillor Bluston also declared a personal interest and Councillor Blann declared a personal interest arising from his membership of the Management Committee of Bentley Priory. Accordingly, both Members remained and took part in the discussion and decision-making on this item.

 (ii)               Planning Applications 2/02 & 2/03  – 91 High Street, Edgware

Councillor Janet Cowan declared a prejudicial interest in the above applications and accordingly left the room and took no part in the discussion or decision-making on these items.

(iii)               Planning Application 4/02 – 26 & 28 Eastbury Avenue, Northwood

Councillor Marilyn Ashton declared a prejudicial interest in the above application on the basis that she was related to the applicants. Accordingly she left the room and took no part in the discussion or decision-making on this item

(iv)               Main Agenda Item 26 – Heathfield School, Beaulieu Drive, Pinner

Councillor Knowles declared a personal interest in the above item arising from the fact that his late sister had attended the school. Accordingly, he remained and took part in the discussion and decision-making 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 items/information be admitted to the agenda by reason of the special circumstances and grounds for urgency stated:

(2)  main agenda item 18 (102, 104, 106 High Street, Harrow on the Hill) be withdrawn from the agenda at the request of officers to allow further consideration of legal issues;

(3) planning applications 1/03 and 2/15 be withdrawn from the agenda; and

(4) 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 7 July 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 Chair be given authority to sign the minutes of the meeting held on 7 July 2004 as a correct record of that meeting once they have been printed in the Council Bound Minute Volume.

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 was considered with planning application 1/01:

·         Petition objecting to the Closure of Harrow Bowl

Prior to addressing the Committee in relation to planning application 1/01 under the provisions of the representations procedure, a local resident presented a petition signed by approximately 1000 local residents which objected to the closure of Harrow Bowl.

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 (1) in accordance with the provisions of Committee Procedure Rule 17 (Part 4B of the Constitution), representations be received in respect of items 1/01, 1/07, 2/05, 2/09 and 2/17 on the list of planning applications;

(2) it be noted that two requests to make representations on item 1/01 on the list of planning applications had originally been received, but the first request had now been withdrawn; and

(3) it be agreed to hear late representation requests in respect of items 1/04 and 2/17 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 received an application for the redevelopment of the above site to provide 34 flats in a three and four storey building with basement car parking.

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 this application relating to:

a)        the submission and approval by the Local Planning Authority of an affordable housing scheme to provide 12 units spread throughout the building as shared ownership/key worker housing.  The scheme shall include a nomination agreement with the Council

b)        ensures that the affordable housing units are available for occupation in accordance with a building and occupation programme to be submitted to and approved by the Local Planning Authority prior to the commencement of work on the site.

              All affordable housing units shall be provided in accordance with the definition of affordable housing set out in the deposit version of the replacement Harrow UDP.

(2) a Formal Decision Notice granting permission in accordance with the development described in the application and submitted plans, subject to the condition(s) and informatives reported, will be issued only upon the completion by the developer of the aforementioned legal agreement.

The Committee received an application for the redevelopment of the above site to provide  61 flats, two live/work units, and one retail unit in two five storey buildings, with parking and access from Palmerston Road.

Prior to discussing this application the Committee heard representations from an objector who spoke on behalf of a local community organisation, Wealdstone Active Community. The objector considered that the proposed colour scheme was not sympathetic to the surrounding Victorian architecture and that a brick façade would be preferable, that the proposed development was out of character with the area as it would be higher than the surrounding buildings, would not provide enough parking, and would increase the strain on the Borough’s facilities, such as doctors and dentists. She also expressed concern that the retail unit should remain in A1 usage and indicated that she would prefer the live/work units to face onto Palmerston Rd.

In response, a representative of the applicant stressed that the site had now been vacant for five years and that this proposal would regenerate the area and meet the demand for housing.  He pointed out that the materials for the development could be made subject to condition, and confirmed that the retail unit would be for A1 use.  He indicated that the live/work units could be accommodated as suggested.  He considered that the proposed development complied with all relevant local policies.

During the discussion which followed, it was moved and seconded that the application be refused on the following grounds:

1)       The proposal represents an overdevelopment of the site by reason of scale, unattractive design, mass and excessively high density giving rise to an overintensification of the site to the detriment of the area.

2)       The proposal conflicts with the UDP retail and employment policy EM7 and gives rise to a net loss of retail floor space and rear warehousing.

3)       The proposed development is severely under provisioned for parking giving rise to overspill parking to the detriment of the surrounding area.

Upon being put to a vote, this was not carried and, following a further vote, it was

RESOLVED: That the applicant be informed that (1) the proposal is acceptable subject to the completion of a legal agreement within 6 months (or such period as the Council may determine) of the date of the Committee decision on this application relating to:

(a)               submission and approval by the Local Planning Authority of an affordable housing scheme to provide 19 units as shared ownership/key worker housing.  The scheme shall include a nomination agreement with the Council.

(b)               ensures that the affordable housing units are available for occupation in accordance with a building and occupation programme to be submitted to and approved by the Local Planning Authority prior to the commencement of work on the site.

            All affordable housing units shall be provided in accordance with the definition of affordable housing set out in the deposit version of the replacement Harrow UDP.

(2) a formal decision notice, granting permission in accordance with the  ...  view the full minutes text for item 692.

The Committee received an outline application which sought to redevelop the above site to provide a replacement nursing and care home with a day care centre.

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 this application relating to:

                 (i)            the offer to the Council of a lease to enable the provision of public access over that part of the site which is bounded by Bentley Priory Open Space, to include a  timescale and specification of works to be carried out to the land and a sum to be donated to the Council for subsequent maintenance.

                (ii)            the provision of an Action Plan in respect of the transfer during the construction period of residents to alternative facilities of their choice consistent with the wishes and needs of their family carers.  The Plan shall include timescales for the transfer of residents and shall be approved by the Council prior to its implementation and commencement of the development hereby permitted; and

(2) a formal Decision Notice, granting permission in accordance with the application and submitted plans subject to the conditions and informatives reported, will be issued only upon the completion by the developer of the aforementioned legal agreement.

[Note: The Committee wished it to be recorded that they were unanimous in supporting the decision set out above, with the exception of Councillor Marilyn Ashton who, as set out Minute 682: Declarations of Interest, did not take part in the decision-making on this item]

Having refused permission for the retention of, alterations to, and use of an outbuilding located at the above address as a separate dwelling, and for the provision of associated parking spaces, the Committee now gave consideration to the report of the Chief Planning Officer regarding enforcement action to address the above breach of planning control.

It was agreed that it was now expedient for enforcement action to be taken for the reasons set out in the officer report and the Committee

RESOLVED: That the Borough Solicitor be authorised to (1) issue an Enforcement Notice pursuant to Section 172 of the Town & Country Planning Act 1990 requiring:

(i)      the cessation of use of the detached garden building as a single-family dwellinghouse;

(ii)     the demolition of the front and internal ground floor walls, the removal of all internal fixtures and fittings, and the return of the use of the building to car parking as shown on plan 2572/10 of planning permission EAST/1213/01/FUL.

(i) and (ii) should 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 event of failure to:

(i)   supply the information required by the Borough 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.

Having refused permission for the retention of galvanised security fencing at the above site, the Committee requested that officers submit a report to the next meeting regarding enforcement action in respect of the fencing.

RESOLVED: That officers be requested to submit a report to the next meeting regarding enforcement action in respect of the galvanised security fencing located at the above site.

(See also Minute 711: Any Other Business).

Report of the Chief Planning Officer.

The Committee received a report of the Chief Planning Officer regarding a new, detailed Tree Preservation Order (TPO) proposed for the area comprising 38 Gordon Avenue and 7-44 Temple Mead Close, Stanmore Park.

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 738 Temple Mead Close (No. 4), 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 84, Gordon Avenue (No. 2), Stanmore 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 (TPO) proposed for 9 Gayton Road.

RESOLVED:  That the Borough Solicitor be authorised to

(1) make a new Tree Preservation Order (TPO) to be known as TPO 739 Gayton Road  (No. 3), Greenhill, 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 94 Gayton Road (no. 1) Harrow 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 (TPO) proposed for the area comprising Cymbeline Court , Knowles Court, Charville Court, Lime Court and Petherton Court, Gayton Road, Greenhill.

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 740 Gayton Road (No. 4), Greenhill, 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 153 Gayton Road (No. 2) Harrow 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 (TPO) proposed for the area comprising 2-9 Ben Hale Close and 31 and 33 Green Lane, Stanmore Park.

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 741 Ben Hale Close (No. 2), 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 4 Ben Hale, Green Lane, Stanmore 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 (TPO) proposed for the area comprising 20, 22, 22a and 22b Cannon Lane, Pinner South.

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 742 Cannon Lane (No. 4), Pinner South, 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 135, Cannon Lane (No. 1), Pinner 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 (TPO) proposed for 40 Elms Road, Harrow Weald.

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 743 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 129 Elms Road (No.5), 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 (TPO) proposed for the area comprising 1-19 Caroline Court, Stanmore Park.

RESOLVED:  That the Borough Solicitor be authorised to

(1)  make a new Tree Preservation Order (TPO) to be known as TPO 744 The Chase (No. 3), 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 136 The Chase (No. 1), Stanmore on confirmation of the above.

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

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

This item was withdrawn from the agenda (see Minute 683: Arrangement of the Agenda).

Report of the Chief Planning Officer.

The Committee received a report of the Chief Planning Officer which outlined actions taken further to the Council’s resolution on 29 April 2004 to promote changes in legislation to strengthen the rules governing Locally Listed Buildings.

RESOLVED: That the Council continue to lobby to promote changes in legislation to strengthen the rules governing Locally Listed buildings.

Joint Report of the Borough Secretary and Solicitor to the Council and of the Chief Planning Officer

The Committee received a joint report of the Borough Solicitor and of the Chief Planning Officer which considered a request by the Girls Day School Trust to extend and vary the heads of terms of the one year time-limited Deed of Variation to the original Section 106 agreement relating to the use of the School.

The report outlined the details of the request and recommended that the request be agreed in part. A Member suggested that, if a request was submitted the following year to extend the use for a further period of time, Members might conduct a site visit to corroborate the information gathered during the year regarding the impact of the request.

During the discussion of this item, the Committee requested that officers write to the School strongly urging that visitors and users of the School pool park their vehicles within the school site in the identified parking areas and not on the public highway in Beaulieu Drive and adjacent roads.

RESOLVED: That (1) the continued use of the school facilities by third parties outside school hours between the hours of 16.30 and 21.00 on weekdays during term time, 09.00 and 21.00 weekdays during school holidays, and between 09.00 and 18.00 on Saturdays be agreed for a further one year period;

(2) the request to continue the use (set out in (1) above) for a period of three years be refused;

(3) the request for use of the facilities by third parties on Sundays be refused;

(4) the request to vary the maximum number of users from 40 to 60 be refused; and

(5) officers be requested to write to the school, as set out above.

(See also Minute 682: Declarations of Interest).

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

The Committee received a report regarding the request for a variation to the heads of terms of the legal agreement in respect of the above site.

During the discussion on this item which followed, Members requested that further information regarding the reasoning behind this request be provided following the meeting, and the action proposed be agreed by Nominated Members via the Urgent Non-Executive Action procedure.

RESOLVED:  That Nominated Members be provided with further information regarding the reasoning behind the request for a variation to the heads of terms of the legal agreement in respect of the above site, and the action proposed be agreed via the Urgent Non-Executive Action procedure.

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).

·         Arrangements for Member Site Visits

Following discussion, it was agreed that the Member site visits to 11 Brickfields, Harrow (item 2/05 on the schedule of decisions attached to these minutes), 25 Hawthorn Drive, Harrow (item 2/09 on the schedule of decisions) and 5 Georgian Way, Harrow (item 2/14 on the schedule of decisions) would take place on Saturday 4^th September 2004. It was also agreed that the Committee would conduct a visit to Copse Farm, Harrow on this date as it was anticipated that a number of planning applications in respect of this site would be submitted in the near future.

It was agreed that a mini-bus to transport Members to the sites would depart from the Civic Centre at 10.00 am, but that the exact timing of the visits would be confirmed to Members in writing following the meeting.

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 11.00 pm; and

(2) 11.00 pm to continue until  11.30 pm.