Agenda and minutes

To appoint a Chairman for the purposes of this meeting.

RESOLVED: That Councillor Mrinal Choudhury be appointed as Chairman for this Licensing Panel Hearing.

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

RESOLVED:  To note that there were no declarations of interests made.

[Note:  Licensing Panel minutes are:-

(1)               approved following each meeting by the Members serving on that particular occasion and signed as a correct record by the Chairman for that meeting;

(2)               not submitted to the next panel meeting for approval.

Reasons: The Licensing Panel is constituted from a pooled membership. Consequently, a subsequent Panel meeting is likely to comprise a different Chairman and Members who took no part in the previous meeting’s proceedings. The process referred to at (1) above provides appropriate approval scrutiny].

(See Note at conclusion of these minutes).

To receive any questions, petitions or deputations (if any), under the provisions of Committee Procedure Rules 17, 15 and 16 (Part 4B) of the Constitution respectively.

[Note: These items are qualified by the requirements of the licensing legislation and will not be applicable to applications on the current agenda.]

RESOLVED:  To note that no public questions were put, or petitions received at this meeting.

Report of the Divisional Director Environmental Services.

In attendance:

The Panel considered a report of the Divisional Director, Environmental Services, which set out an application from Harrow School to divert existing public footpaths 57 and 58 and create a new footpath located on the school playing fields and create a new footpath. 

The Panel was requested to give authority to officers to commence the statutory process for the proposed diversion of footpaths 57 and 58 (“the Diversion Orders”) and the creation of the proposed new footpath (“the Creation Order”). 

In attendance were Gaynor Lloyd, Keith Perrin and Graham Wright, all of whom regularly used the footpaths in question.

The Service Manager, Traffic & Highway Network Management stated that Harrow School had been granted planning permission to construct new sports facilities on the school playing fields in 2001.  These new facilities had encroached upon the current line of footpath 57, which ran between two all weather pitches and crossed the tennis courts.  The line of footpath 58 also crossed several of the grass sports pitches.  As no formal diversion of the footpaths was undertaken, this created a conflict between the public’s use of these footpaths and the School’s use of its sports facilities.

In 2003, a permissive footpath agreement was entered into by the Council and the School, which permitted the public to use some alternative routes around the sports facilities.  However, this agreement did not remove the public’s right to use the existing right of way and the School began locking the gates to the enclosure around the all weather pitches, thus denying public access to a section of footpath 57.  Following protests from the Ramblers’ Association and requests from Harrow Council, the School agreed to open the gates on an unconditional basis.  

However, as the area of dispute remained unresolved, and in order to avoid sporting activities conflicting with those using the footpaths, Harrow School submitted a formal application to the Council under Sections 26 and 119 of the Highways Act 1980, to divert footpaths 57 and 58 and create a new public footpath. 

The Chairman of the Panel emphasised that the Panel was being requested to give consent to officers to commence the statutory process for the proposed Diversion Orders and Creation Order and was not making a decision about the Orders themselves, which would be subject to the outcome of the informal and formal consultation process.

A back benching Member stated that she was keen to ensure that both the formal and informal consultation included all relevant key interest groups and requested that they be kept updated of any developments with regard to the proposal.

The Service Manager, Traffic & Highway Network Management explained that the informal consultation would be an opportunity for relevant interest groups to suggest modifications to the  ...  view the full minutes text for item 126.