Agenda and minutes

At the meeting on 21 October 2004, the Council re-established its Committees.  Accordingly the Committee is asked to note the appointment of Councillor Anne Whitehead as Chair for the remainder of the 2004/05 Municipal Year.

RESOLVED:  To note the appointment of Councillor Anne Whitehead as Chair of the Development Control Committee for the remainder of the 2004/05 Municipal Year following the re?establishment by Council of the Committee at its meeting held on 21 October 2004.

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:-

At the meeting on 21 October 2004, the Council re-established its Committees.  Accordingly, the Committee is asked to appoint a Vice-Chair for the remainder of the 2004/05 Municipal Year.

The Labour Group has nominated Councillor Bluston to this office.

Councillor Bluston was nominated and seconded.  Councillor Marilyn Ashton was nominated and seconded.  Upon these nominations being put to a vote, it was

RESOLVED:  To appoint Councillor Marilyn Ashton as Vice-Chair of the Development Control Committee for the remainder of the 2004/05 Municipal Year.

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 2/07 – Welldon Centre, Welldon Crescent, Harrow

Councillor Bluston declared an interest in the above application which he stated was not prejudicial.  Accordingly, he remained and took part in the discussion and decision-making on this item.

(ii)            Planning Application 2/21 – 31 Borrowdale Avenue, Harrow

Councillor Marilyn Ashton declared a personal interest in the above application on the basis that a Member of the Conservative Group lived at No. 41 Borrowdale Avenue.

Councillor Marilyn Ashton stated that she had taken legal advice regarding her interest, and that, accordingly, she would remain in the room and take part in the discussion and decision-making on this item.

It was noted that the personal interest also applied to the Members of the Conservative Group on the Committee and that they would also remain in the room and take part in the discussion and decision-making on this item.

(iii)            Planning Application 3/05 – 387 Torbay Road, Harrow

Councillor Mrs Bath declared a prejudicial interest in the above item and stated that she would leave the room and take no part in the discussion or decision-making on this item.

It was noted that the application would not be considered that evening because the application had been withdrawn by the applicant.

(iv)        Main Agenda Item 20 – East End Farm Barns

Councillor Bluston declared a prejudicial interest in the above item and accordingly left the room and took no part in the discussion or 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.

It was reported that the applicant for item 2/22, “Multi?Storey/Surface Level Car Parks, R/O 18?50 The Broadway, Stanmore”, had requested that the application be deferred until Cabinet had taken a decision on other matters relating to the multi?storey car park at its meeting on 11 November 2004.

A Member stated that whilst she was pleased to learn that a deferral had been requested, she was concerned that this application had been brought before the Development Control Committee prior to the other matters relating to the car park having been considered by Cabinet.  She added that the report before the Development Control Committee was misleading, and that she was concerned about the proposal for a permanent surface level car park on this site.

In response, the Chair stated that matters relating to this car park would be discussed at Cabinet prior to the application being considered by the Development Control Committee.

It was also reported that the application set out at Item 3/05, “387 Torbay Road, Harrow”, had been withdrawn by the applicant.

The Chair reported that Councillor Knowles wished to submit a petition (Min 778(ii) refers) and that he would also be backbenching in respect of item 2/09.

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 below:

(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 reason indicated:

(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.

[Note:  The  ...  view the full minutes text for item 775.

That it be agreed that, having been circulated, the Chair be given authority to sign the minutes of the meeting held on 12^th October 2004 as a correct record once they have been printed in the Council Bound Minute Volume.

RESOLVED:  That it be agreed that, having been considered, the Chair be given authority to sign the minutes of the meeting held on 12 October 2004 as a correct record once they have been printed in the Council Bound Minute Volume, subject to the following amendments:

(i)                   Application No. P/2138/04/CFU (Item 1/02) – 29 Peterborough Road, Harrow:  Note 2.2 to be amended to read:  Councillors Marilyn Ashton, Mrs Bath, Janet Cowan, Knowles and Mrs Joyce Nickolay wished to be recorded as having voted in favour of all three reasons for refusal;

(ii)                 Minute 748(i) – Planning Application 2/05 – Chamelion House, 104-106 High Street, Harrow on the Hill to include the following sentence at the end of the second paragraph:  Councillor Mrs Kinnear, who was not a Member of the Committee, was also advised to leave the room and, accordingly, she left the room during the discussions and decision-making on this item;

(iii)                Minute 748(vi) – Planning Application 4/01 – 38 Poles Establishing Evru Edgware to read:  Councillors Marilyn Ashton, Bluston, Janet Cowan 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.   

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 Commission).

To receive petitions (if any) submitted by members of the public/Councillors.

RESOLVED:  To note the receipt of the following petitions which were referred to the Interim Chief Planning Officer for consideration:

(i)                   Petition objecting to the application for planning permission for Ground Floor, 2c Fairholme Road, Harrow (Application P/2763/04) – signed by 20 residents of Fairholme Road, presented by Councillor Bluston who also read out the terms of the petition at the meeting;

(ii)                 Petition objecting to an extension of operating hours at Unit 3, Chantry Place, Shurguard UK Properties – signed by 38 residents presented by Councillor Knowles who also read out the terms of the petition at 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 the 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 and other Committees/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.

The Chair reported that two late requests to make representations on planning applications had been received for the following items:

Item 1/01 – Drinkwater Road, Coles Crescent, Rayners Lane Estate;

and

Item 2/09 – Hatch End High School, Harrow Weald.

The Committee noted that in respect of item 1/01, the late request had been received from an objector earlier that day and that the applicant had been advised of this late request.

The Committee noted that in respect of item 2/09, the late request had been received at the meeting from an objector and that the applicant would therefore not be aware of this late request.

The Committee accepted both the late requests to make representations.

RESOLVED: That, in accordance with the provisions of Committee Procedure Rule 17 (Part 4B of the Constitution), representations be received in respect of items 1/01, 2/09 and 2/17 (not 2/07 as indicated in the Addendum) on the list of planning applications.

Report of the Interim 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 Interim Chief Planning Officer

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

RESOLVED:  That the Director of Legal Services be authorised to (1) make new TPOs, to be known as follows:

TPO 769 Ingle Close (No. 1) Pinner

TPO 770 London Road (No. 7) Harrow on the Hill

TPO 771 Hillview Road (No. 6) Hatch End

TPO 772 Tanglewood Close (No. 1) Stanmore Park

TPO 773 Ash Close (No. 2) Stanmore Park

TPO 774 Gordon Avenue (No. 21) Stanmore Park

TPO 775 Leavesden Road (No. 1) Stanmore Park

TPO 776 Wentworth Place (No. 1) Stanmore Park

TPO 777 Wilsmere Drive (No. 2) Harrow Weald

TPO 778 Jellicoe Gardens (No. 4) Stanmore Park

TPO 779 Elms Road (No. 14) Harrow Weald

TPO 780 Fircroft Gardens (No. 1) Harrow on the Hill

TPO 781 South Hill Avenue (No. 5) Harrow on the Hill

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

(2)  revoke the following TPOs on confirmation of the above:

TPO 176 Church Lane (No. 2) Pinner

TPO 12 Harrow on the Hill (Comprehensive)

TPO 451 Bowden House, London Road (No. 2) Harrow on the Hill

TPO 122 Hillview Road (No. 1) Hatch End

TPO 141 Common Road (No. 1) Stanmore

TPO 60 102-104 Gordon Avenue, Stanmore

TPO 150 Gordon Avenue (No. 5) Stanmore

TPO 269 Gordon Avenue (No. 8) Stanmore

TPO 127 Wilsmere Drive (No. 1) Harrow Weald

TPO 168 Uxbridge Road (No. 4) Stanmore

TPO 257 Uxbridge Road (No. 10) Stanmore

TPO 478 Jellicoe Gardens (No. 2) Stanmore

TPO 96 Elms Road (No. 3) Harrow Weald

TPO 47 Gooden House, Sudbury Hill, Harrow

TPO 102 South Hill Avenue (No. 2) Stanmore.

[REASON:  To accord with current policy].

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

The Committee received a report of the Interim Chief Planning Officer recommending revised Heads of Terms of the Legal Agreement.  Members’ attention was drawn to the amendment to recommendation 2.2 set out in the addendum report.

Councillor Marilyn Ashton stated that, at the July 2004 meeting of the Committee, a report on this matter had been submitted and that it had been deferred by the Committee for clarification.  She added that it had been decided that the matter would be dealt with by non-urgent executive action to the three Nominated Members.  She added that the proposal gave the developer the right to start work earlier than the official starting date.  She also stated that this had not been approved in order to protect the amenities of the users of the Gange Road Community Centre who had yet to relocate to the Wealdstone Centre – Premier House.

RESOLVED: (1)  That Head (i)(a) of the Legal Agreement be amended to read as follows:

(i)(a) provides a minimum of 71 units of affordable housing (for future management by an RSL);

(2)  that a new Head (iv) be agreed as follows:

(iv) developer, before occupation of the development, shall enter into and comply with the terms of a legal agreement with the Council under the Highways Act 1980 to ensure that the Council is financially reimbursed for all off?site highways works which it carries out in association with the development (including supervision fees).

[REASON:  To alter the Heads of Agreement].

Report of the Interim Chief Planning Officer.

FOR INFORMATION 

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

RESOLVED:  That the report be noted.

(if any).

The following application was reported on the addendum:

Location:  Land adjacent to 102 West End Lane, Pinner.

Proposal:  Provision of 10m high telecommunications pole with 2 equipment cabins (P/2554/04/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 reasons:

(i)                   The proposal, by reason of excessive size and unsatisfactory siting, would be visually obtrusive and unduly prominent to the detriment of the amenity of local residents and the streetscene in general.

(ii)                 The proposal, by reason of excessive size and unsatisfactory siting, would obstruct visibility to the highway to the detriment of highway safety.

(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).

The Chair stated that Councillor Mrs Kinnear wished to backbench in respect of the item on Broomhill, Mount Park Road.

(i)                   Broomhill, Mount Park Road

The Interim Chief Planning Officer’s representative assured Members that the above-mentioned report would be submitted to the December 2004 meeting of the Committee.  He apologised to the Committee for not having submitted the report to the meeting that evening.

Councillor Mrs Kinnear stated that she had been informed that the above?mentioned report would be submitted to the Committee that evening, and she mentioned that the matter of enforcement had been ongoing since March 2001 and required closure now.

RESOLVED:  To note that the above-mentioned report would be submitted to the December 2004 meeting of the Committee.

(ii)                 Councillor Thornton: 

RESOLVED:  That a letter of condolence be sent to Councillor Thornton following the recent death of his mother.

Report of the Director of Strategic Planning.

The Committee received a confidential report of the Interim Chief Planning Officer under Part II of the agenda which sought agreement to proceed with the preparation of the Urgent Works Notice.

During a discussion on the above-mentioned report, Members requested that a further report be submitted to the Committee mentioning the following:

·                     whether there was a quicker process which would secure the future of these listed buildings;

·                     the advice received from English Heritage;

·                     an exit strategy.

RESOLVED:  (1)  To proceed with the preparation of an Urgent Works Notice;

(2)  that a further report be submitted to the Committee as requested in the preamble above.

[REASON:  On request of Members of the Committee in October 2004].

(See also Minute 774(iv)).

Acting Head of Law and Administration.

The Committee received a report of the Acting Head of Law and Administration which sought an extension of time to complete the Section 106 Agreement in respect of 275/275A Kings Road.

RESOLVED:  To extend the time for completion of the Section 106 Agreement by one month.

[REASON:  To enable the Section 106 Agreement to be sealed and completed].

Following discussion, it was agreed that Member site visits to 31 Borrowdale Avenue, Harrow (9.00 am) and Moon House (9.45 am) would be held on Saturday 27 November 2004.  It was agreed that a mini?bus was not necessary and that the visits would take place in the order and at the times indicated above.

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

(2)  at 10.30 pm to continue until 11.00 pm;

(3)  at 11.00 pm to continue until 11.15 pm;

(4)  at 11.15 pm to continue until 11.20 pm;

(5)  at 11.20 pm to continue until 11.30 pm; and

(6)  at 11.30 pm to continue until 11.40 pm.