Agenda and minutes

The Chair advised that Graham Jones, the Chief Planning Officer, had taken up another post within the Council and that Rebecca Arnold, the Committee Administrator for the Committee, was leaving the employ of the Council. The Committee joined the Chair in wishing them both well in their new roles and in expressing their thanks for their hard work and support.

The Chief Planning Officer thanked the Committee for their best wishes and advised the Committee that he had very much enjoyed the previous six years.

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 that there were no Reserve Members in attendance at this meeting.

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 made by Members present relating to the business to be transacted at this meeting:-

(i)                   Planning Application 2/05 – Chameleon House, 104-106 High Street, Harrow on the Hill

A note on the 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 an agent acting on behalf of 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 Member of the Conservative Group had an interest in the application. Accordingly, they left the room and took no part in the discussion or decision-making on this item.

(ii)                 Planning Application 2/08 – 118-122 College Road, Harrow

Councillor Anne Whitehead declared a prejudicial interest in the above application on the basis that the applicant was also her employer. Accordingly she left the room and took no part in the discussion or decision-making on this item.

(iii)                Planning Application 2/25 – Pinner Lawn Tennis Club, 22 Little Moss Lane, Pinner

Councillor Knowles declared a personal interest in the above application on the basis that some years previously he had been a member of the club. Accordingly he remained and took part in the discussion and decision-making on this item.

(iv)                Planning Application 2/31 – 50 Marsworth Avenue, Pinner

A note on the agenda advised that Councillor Seymour, 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, arising from the fact that he owned the property and the applicant was an agent acting on his behalf.

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 Member of the Conservative Group had an interest in the application. Accordingly, they left the room and took no part in the discussion or decision-making on this item.

(v)                  Planning Application 3/01 and Main Agenda Item 20 – East End Farm Barns

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

(vi)                Planning Application 4/01 – 38 Poles Establishing Eruv, Edgware

Councillors Marilyn Ashton, Bluston and Miles declared personal interests in the above application, on which the Council was being consulted as a neighbouring planning authority, but advised that they would be leaving the room and taking no part in the discussion or decision-making on this item.

(vii)               Main Agenda Item 13 – 50 Courtfield Avenue, Harrow

A note on the agenda advised that the above item related to an application  ...  view the full minutes text for item 748.

(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 late to the agenda by reason of the special circumstances and grounds for urgency stated:

and;

(2)  all items be considered with the press and public present, with the exception of the following item which be considered with the press and public excluded for the reasons indicated:

That it be agreed that, having been circulated, the Chair be given authority to sign the minutes of the meeting held on 7 September 2004 as a correct record once they have been printed in the Council Bound Minute Volume.

The Chair advised the Panel of a request received from Councillor Mrs Kinnear that a note be added to the minutes of the meeting held on 7 September 2004, which minutes were before the Committee for approval, to clarify her intention in relation to her declaration of interest in respect of Main Agenda Item 14 – 102-106 High Street, Harrow on the Hill. Following discussion, it was agreed that minutes remain as they stood.

An issue having been raised by Councillor Knowles, it was agreed that Minute 715(i) be amended to more accurately reflect the form of wording he had used when declaring an interest in relation to planning application 2/12 – Land at 11 Brickfields, Harrow.

RESOLVED: That it be agreed that, having been circulated, the Chair be given authority to sign the minutes of the meeting held on 7 September 2004 as a correct record once they have been printed in the Council Bound Minute Volume, subject to the following amendment:

Amend the first paragraph of Minute 715(i) to read:

“Councillor Knowles advised that some years previously he had put in an offer to buy Byron House, which was adjacent to the application site. He explained that he had neither a personal nor a prejudicial interest in the application but that for reasons of public perception he would be leaving the room and taking no part in the discussion or decision-making on this item”.

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 no petitions were received at the meeting under the provisions of Committee Procedure Rule 15.

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

RESOLVED: To note that there were no deputations to be received at this meeting under the provisions of Committee Procedure Rule 16 (Part 4B of the Constitution).

To receive references from Council and any other Committees or Panels (if any).

RESOLVED: To note that there were no references from Council or other Committees or Panels to be received at this meeting.

To confirm whether representations are to be received, under Committee Procedure Rule 17 (Part 4B of the Constitution), from objectors and applicants regarding planning applications on the agenda.

RESOLVED: That, in accordance with the provisions of Committee Procedure Rule 17 (Part 4B of the Constitution), representations be received in respect of item 2/07 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.

[Note: The Chair having declared an interest and left the room, and in accordance with Committee Procedure Rule 7.4, the Vice-Chair assumed the Chair for the duration of the consideration of Item 2/08 on the list of planning applications].

The Committee gave consideration to an application seeking permission for the construction of a single storey side extension at the above address for use as a children’s area in conjunction with the current use as temple, and the provision of an additional floor and external stairs.

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)     submission to and approval by the Local Planning Authority of a Travel Plan; and

(2) a formal decision notice, granting permission in accordance with the development described in the application and submitted plans subject to the conditions and infomatives reported and the additional condition set out on the addendum, agreed by the Committee and listed below, be issued only upon the completion by the developer of the aforementioned legal agreement:

5.                   The extensions hereby approved shall be used in conjunction with the main use of the premises as a temple and shall not be separately used or let.

REASON: To prevent an overintensive use of the site.

The above item has been placed on the agenda at the request of Councillor Marilyn Ashton and under the provisions of Committee Procedure Rule 8 (Part 4B of the Constitution).

It was noted that this item had been placed on the agenda further to a request from a Member of the Committee.

The Member in question referred to the above planning application, which had recently been determined by the London Borough of Barnet but on which Harrow had been consulted as a neighbouring authority. The Member explained that, despite the robust objections to the application put forward by this Committee and considerable public objections, Barnet had granted the application. She requested that a letter be sent to the Government Office for London (GOL) reiterating the Committee’s objections to the scheme.

Several Members expressed their concern at the negative impact the scheme would have and indicated their support for the action proposed by the Member.

It was noted that there was a timeframe attached to submitting objections to GOL and officers explained that the deadline for submission might have already passed. A Member advised that she understood that the deadline was close but had not yet passed.

RESOLVED: That a letter be sent to the Government Office for London reiterating the Committee’s objections to Planning Application P/527/04/CAN in respect of Stonegrove & Spur Road Estates, Edgware, recently determined by Barnet Council.

Report of the Chief Planning Officer.

The Committee received a report of the Chief Planning Officer regarding new detailed Tree Preservation Orders (TPOs) proposed for a number of sites.

RESOLVED: That the Borough Solicitor be authorised to (1) make new Tree Protection orders, to be known as follows:

to be made pursuant to sections 198 and 201 of the Town and Country Planning Act 1990 to protect those trees identified on the attached maps and schedules attached to the officer report; and

(2) revoke the following Tree Protection Orders, on confirmation on the above:

[REASON: To accord with current policy].

Both the Chair and Vice-Chair having declared an interest and left the room, Councillor Marilyn Ashton was nominated and seconded to be Chair for the duration of the consideration of main agenda Item 13 – 50 Courtfield Avenue, Harrow. This was agreed by general consensus.

RESOLVED: That Councillor Marilyn Ashton be appointed Chair for the duration of the consideration of main agenda item 13.

(Note: At the conclusion of the consideration of the above item, Councillor Anne Whitehead resumed the Chair). 

Report of the Head of Planning and Development.

The Committee received a report of the Head of Planning and Development regarding an application for a certificate of proposed lawful development for the erection of a conservatory at the rear of a dwelling house.

Officers explained that the development constituted development which was permitted by the Town and Country Planning (General Permitted Development) Order 1995 and would normally have been dealt with by officers under delegated authority.  However, as the applicant was a Member of Council, the application fell outside of the scheme of delegation and required determination by the Committee.

Having sought clarification from officers on a number of issues, it was

RESOLVED:  That the application for a Certificate of Lawful Development be granted, for the reasons set out in the officer report and subject to the informatives reported.

[REASON: The development constituted development which is permitted by  the Town and Country Planning (General Permitted Development) Order 1995].

(See also Minute 748:  Declarations of Interest).

Report of the Chief Executive.

The Committee received a report of the Chief Executive outlining action taken by the Chief Planning Officer following consultation with the Chair and Nominated Members of the Development Control Committee, since the meetings of the Committee held on 28 July 2004 and 7 September 2004 under the Urgent Non?Executive Action Procedure.

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

(i)                   Subject:  Confirmation of Tree Preservation Order No. 666

Action Proposed:  Confirm Tree Preservation Order No. 666 without amendment.

Reason for Urgency:  The deadline for the confirmation of the provisional TPO was 3 September 2004. If it had not been confirmed prior to this date then all owners/occupiers of properties affected by the TPO would have needed to be re?served with another provisional TPO. The next Development Control Committee was scheduled to take place on 7 September 2004.

Decision:  Officer Recommendation agreed.

[Note:  The Nominated Members consulted were unanimous in their response].

(ii)                 Subject:  Harrow Hospital Section106 Agreement

Action Proposed:  To authorise an amendment to the resolution of the Development Control Committee of 18th May 2004 so that Part (iv) of the resolution reads, "the Applicant will provide affordable housing in the form of 42 bedroom YMCA Home.  The building shall be completed by no later than the 70th occupation of the private units.”

Reason for Urgency:  The applicant wished to commence development as soon as possible and could do so without the Planning Permission and a s106 agreement.  The Council wished to complete the Agreement and issue the Planning Permission as soon as possible.

The next Development Control Committee was scheduled to take place on 12 October 2004.

Decision:  Officer Recommendation agreed.

[Note: As one of the Nominated Members consulted did not indicate their agreement or disagreement to the proposed action within the time limit, in accordance with the agreed procedure, they were deemed as having disagreed with the action.

As the three Nominated Members were not unanimous in their responses, the matter was then referred to the Chief Executive who took the decision outlined above following consultation with Leaders of all Political Groups].

(iii)                Subject:  Telecommunications Development: Land Outside 127 Marsh Road, Pinner (P/2256/04/CDT)

Action Proposed:  That (1) approval of siting and appearance details be required; and

(2)  siting and appearance be APPROVED, subject to the conditions reported.

Reason for Urgency:  A determination was required by 11 October 2004 but  the next meeting of the Development Control Committee was not scheduled to take place until 12 October 2004.

Decision:  That (1) approval of siting and appearance details be required; and

(2)  details of siting and appearance be REFUSED for the following reason:

The proposed telecommunications mast and associated equipment, by reason of excessive size and unsatisfactory siting, would be unduly obtrusive and detrimental to the visual amenity of the locality and the residential amenities of neighbouring residents.

[Note:  As all three Nominated Members consulted indicated that they did not support  ...  view the full minutes text for item 762.

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).

The following telecommunications application was reported on the addendum:

Location:     1 & 2 Station Parade, Kenton Lane

Proposal:      Installation of a 2.8m high replica flagpole to house antennae and equipment cabinets at street level (P/2365/04/CDT)

RESOLVED:  That (1) prior approval of siting and appearance BE REQUIRED; and

(2)  approval of details of siting and appearance be REFUSED for the following reason:

The proposed development, by reason of its prominent siting and appearance, would be visually obtrusive in the streetscene and detrimental to the visual amenities of the locality.

[Notes:  (1)  The Committee were unanimous in reaching the above decision; and

(2)  the Chief Planning Officer had recommended that prior approval of siting and appearance not be required].

(if any).

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

Report of the Chief Planning Officer.

The Committee received a confidential report of the Chief Planning Officer under Part II of the agenda which explained that the condition of the above listed buildings was deteriorating and set out options aimed at securing the future of buildings.

The Committee voiced concern at the poor state of repair of the buildings and expressed support for taking swift action to ensure the repair of the barns and prevent further deterioration.

It was noted that if a Repairs Notice was served and no action was taken by the owners to execute the works, a further report would be submitted to the Committee and to Cabinet setting out the implications of proceeding to a Compulsory Purchase Order.

RESOLVED:  That (1) the Council work towards the service of a Repairs Notice, taking on necessary professional advice, in order to safeguard the long term future of the listed barns; and

(2)  a report be submitted to the next meeting of the Committee on the implications of proceeding with an Urgent Works Notice.

[Reason:  To secure the future of the above listed buildings].

(See also Minute 748:  Declarations of Interest).

Joint Report of the Chief Planning Officer and of the Chief Executive.

The Committee received a joint report of the Chief Planning Officer and the Chief Executive relating to application EAST/1407/02/FUL for the change of use from Class A1 (retail) to Class A3 (food and drink) of number 190-194 Station Road, Harrow and a related requirement for a contribution towards Town Centre infrastructure costs.

RESOLVED:  That the Committee grant planning permission for the development described in Appendix 1 to the officer report, subject to the conditions and informatives reported and subject to the receipt of a unilateral undertaking in the sum of £5000 offered in relation to environmental and infrastructure improvements in the Town Centre.

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

(i)                   Cherry Tree Cottage, Yew Tree Cottage, The Beeches, Old Church Lane, Stanmore (P/579/04/CFU): Nomination of a Member to Assist Officers with an Appeal

The addendum advised that an appeal had been lodged against the refusal of the above planning application and a Nominated Member was required to assist officers with the appeal as the recommendation of the Chief Planning Officer had been that this application be granted. It was agreed that Councillor Marilyn Ashton be nominated.

RESOLVED:  That Councillor Marilyn Ashton be nominated to assist officers with the above appeal.

(ii)                 Arrangements for Member Site Visits

Following discussion it was agreed that Member site visits to Sunningdale, 40 London Road, Harrow; Land R/O 75?79 College Road/123 College Hill Road, Harrow Weald; 15 Gordon Avenue, Stanmore; 4 Forward Drive, Harrow; and St. Dominics 6^th Form College would be held on Saturday 30 October 2004. It was agreed that a mini-bus to convey Members to the sites would depart from the Civic Centre at 9.00 am.

RESOLVED:  That the action outlined above be agreed.

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 11.15 pm; and

(4)  11.15 pm to continue until 11.20 pm.