Agenda and minutes

The Mayor requested Council to join him in observing a minutes’ silence in memory of former Councillors Eric Atherton, Edward Parker and Norman Stillerman, also Mr Alf Colledge (the husband of a former Mayoress) and for Members of Council who had suffered recent bereavements.

The Mayor invited the Leader of the Council to speak on the Council’s achievement on attaining the Member Development Charter.

The Mayor then, with pleasure, ceremonially presented the Award to Councillors Jean Lammiman, the Portfolio Holder for Community and Cultural Services, and Yogesh Teli, Chairman of the Member Development Panel.

That the minutes of the meeting held on 9 July 2009 be taken as read and signed as a correct record.

RESOLVED: That the minutes of the meeting held on 9 July 2009 be taken as read and signed as a correct record.

To receive declarations of personal or prejudicial interests.

The Mayor invited declarations of interest by Members of the Council in respect of the business on the Summons and Supplemental Summons.

(i)                   Item 8 – Revised Gambling Policy for Approval

Councillor Salim Miah declared a personal interest in that he was a licensee within the borough, but considered that he could still speak and vote thereon.

Councillor Tom Weiss declared a prejudicial interest in the above item, and accordingly took no part in the discussion or voting thereon.

(ii)                 Item 12(2) – Motions: Freedom Pass Cuts and Item 12(5) – Motions: Concessionary Fares Scheme

Councillor Eileen Kinnear declared a personal interest as she held a Freedom Pass, but considered that she could still speak and vote thereon.

(iii)                Item 12(3) – Motions: Increase In Fares

Councillor Brian Gate declared a personal interest as he held an Oyster card, but considered that he could still speak and vote thereon.

(iv)               Item 12(7) – Motions: South Harrow Post Office

Councillor Graham Henson declared a personal interest as an employee of Post Office Ltd, although he had no involvement with the specific post office in question. Councillor Henson was also a member of the Communication Workers Union but considered that he could still speak and vote thereon.

To receive any announcements from the Mayor.

[Note:  Information as to recent Mayoral engagements will be tabled].

The Mayor requested that Council note the engagements he had undertaken and congratulated Councillor Jean Lammiman on being awarded the Freemanship of the City of London.

RESOLVED: That the report of the Worshipful the Mayor, as tabled, be noted and received.

To receive and consider any procedural motions by Members of the Council in relation to the conduct of this Meeting.

[Note:  Notice of such procedural motions, received after the issuing of this Summons, will be tabled].

(i)                   The Mayor moved a procedural motion to suspend Rule 15.3 for Motion 12(1) (Declaration of Unity) to allow for three proposers and three seconders to the Motion. Upon a vote, the procedural Motion was carried.

(ii)                 The Mayor announced that he had received notification in the tabled papers of two Urgent Motions, relating to the South Harrow Post Office and Tony McNulty MP.  It was agreed by general assent to admit the Motions to the business to be transacted at the meeting under the provisions of Rule 15.2.

(iii)                Councillor Bill Stephenson moved a procedural Motion under the general provisions of Rule 15.6 that the Motion included at Item 12(4) (Recession Busting Committee) of the Summons, and indicated to stand referred to the next meeting of Cabinet, as being a matter within its remit, should rather be considered at this Council meeting.  Upon a vote, the procedural Motion was not carried.

(iv)               Councillor Paul Osborn moved a procedural Motion that the Motions included at items 12(5) (Concessionary Fares Scheme) and 12(6) (Garden Grabbing) be heard immediately after the Motion included at item 12(1) (Declaration of Unity).  Upon a vote, the procedural Motion was carried.

RESOLVED:  That

(1)                 Rule 15.3 be suspended for the Motion at Item 12(1) (Declaration of Unity), to allow for three proposers and three seconders to the Motion;

(2)                 the two Urgent Motions be admitted to the Summons under Rule 15.2 as Items 12(7) and 12(8) respectively;

(3)                 the procedural Motion under Rule 15.6, seeking the consideration at this meeting of the Motion at 12(4) of the Summons (Recession Busting Committee), be not agreed;

(4)                 the Motions included at Item 12(5) (Concessionary Fares Scheme) and 12(6) (Garden Grabbing) be heard immediately after the Motion included at item 12(1) (Declaration of Unity).

[Note:  Councillors Nana Asante, Bob Currie, Margaret Davine, Mano Dharmarajah, Keith Ferry, Archie Foulds, Brian Gate, David Gawn, Mitzi Green, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Krishna James, Jerry Miles, Christopher Noyce, Phillip O’Dell, Asad Omar, David Perry, Raj Ray, Paul Scott, Navin Shah, Rekha Shah, Bill Stephenson, Sasikala Suresh and Keeki Thammaiah wished to be recorded as having voted against the Motion to change the order of business].

To receive (a) a petition from Councillor Narinder Singh Mudhar on behalf of residents of Grove Hill Road;

(b) any further petitions to be presented:

(i)                 by a representative of the petitioners;

(ii)               by a Councillor, on behalf of petitioners; or

(iii)             by the Mayor, on behalf of petitioners.

In accordance with Rule 11, the following petitions were presented by Members of Council on behalf of Petitioners:

(i)                   Submitted by Councillor Narinder Singh Mudhar containing 16 signatures of residents requesting the permanent closure of one end of Grove Hill Road.

(ii)                 Submitted by Councillor Jerry Miles containing 116 signatures of residents requesting resurfacing and provision of traffic calming solutions for The Heights – Northolt.

[The Petitions stood referred to the Traffic and Road Safety Advisory Panel and the Deputy Leader and Portfolio Holder for Environment Services and Community Safety].

(iii)                Submitted by Councillor Paul Osborn containing 1750 signatures of residents requesting that the Council provide free parking for patients attending the Pinn Medical Centre.

(iv)               Submitted by Councillor Brian Gate containing 26 signatures of residents requesting that the Council make urgent repairs to the road and pavements on Chatsworth Gardens.

[The Petitions stood referred to the Deputy Leader and Portfolio Holder for Environment Services and Community Safety].

(v)                 Submitted by Councillor Graham Henson containing 784 signatures of residents calling on the Council and Gareth Thomas MP to make representations to Post Office Ltd about the re-instatement of a Crown Post Office in the South Harrow Shopping Centre.

(vi)               Submitted by Councillor Eileen Kinnear containing 147 signatures of residents requesting that the Council protest to Post Office Ltd about the decline in services offered.

[The Petitions stood referred to the Leader of the Council and Portfolio Holder for Strategy, Partnership and Finance].

A period of up to 15 minutes is allowed for members of the public to ask questions of members of the Executive, Portfolio Holders and Chairmen of Committees, of which notice has been received no later than 5.00 pm two clear working days prior to the day of this Meeting.

[Note:  Any such questions received will be tabled].

The following questions had been submitted by members of the public in accordance with Rule 12.3:-

To receive a presentation from the Leader of the Council on business since the last meeting.  This will be followed by a question and answer session of 15 minutes relating to issues raised in the presentation.

The Leader of the Council introduced his report highlighting achievements and proposals since the last ordinary meeting.

At the conclusion of his report, the Leader responded to questions from Members of the Council.

RESOLVED:  That the report of the Leader of the Council be received and noted.

Recommendation I:            Licensing and General Purposes Committee

                                                (7 September 2009)

Further to Item 8 on the Summons, the Council received a Recommendation from the Licensing and General Purposes Committee held on 7 September 2009.

The Recommendation was formally moved by Councillor Lurline Champagnie (Chairman of the Committee).

RESOLVED:  That the revised Gambling Policy be approved and adopted.

Recommendation I:             Standards Committee

                                                (21 September 2009)

Further to Item 9 on the Summons, the Council received a Recommendation from the Standards Committee held on 21 September 2009.  The Recommendation was formally moved by the Mayor.

RESOLVED:  That

(1)                 four Independent Members be appointed to serve on the Standards Committee for four years from May 2010, and one reserve Independent Member be appointed to act:  (a) in the event that any serving Independent Member resigns or is unable to continue before the expiry of their term of office; (b) as and when appointed by Council;

(2)                 it be noted the Standards Committee had appointed a Selection Panel, comprising four Members of Council (two Conservative; one Labour; one Liberal Democrat) for the purposes of recruiting the Independent Members of the Standards Committee from May 2010.

Further to item 10 on the Supplemental Summons, the Council received a Recommendation from Cabinet held on 22 October 2009.

The Recommendation was formally moved by the Leader of the Council (Councillor David Ashton).

RESOLVED:  That

(1)                 in accordance with the Council’s Statement of Community Involvement, the Core Strategy Preferred Option be approved for the purposes of public consultation;

(2)                 the Corporate Director, Place Shaping, in consultation with the Portfolio Holder for Planning, Development and Enterprise, be authorised to make any final amendments to the Core Strategy Preferred Options.

A period of up to 15 minutes is allowed for asking written questions by Members of Council of a Member of the Executive or the Chairman of any Committee:-

(i)                 of which notice has been received at least two clear working days prior to the day of this Meeting; or

(ii)               which relate to urgent matters, and the consent of the Executive Member or Committee Chairman to whom the question is to be put has been obtained and the content has been advised to the Director of Legal and Governance Services by 12 noon on the day of the Council Meeting.

[Any such questions received will be tabled].

The following questions had been submitted by a Member of Council under Rule 13.2:-

[Notes:  (i)  Under the provisions of Council Procedure Rule 13.4, all four questions in were responded to orally by the relevant Portfolio Holders].

(ii)  under the provisions of Council Procedure Rule 13.5, supplementary questions were asked by Members for Questions 1, 2 and 3 and responded to orally by the relevant Portfolio Holders].

The following Motions have been notified in accordance with the requirements of Council Procedure Rule 15, to be moved and seconded by the Members indicated:-

(i)                   In accordance with Rule 16.1 and at item 12(1) the Council noted the withdrawal of the Motion set out within the Summons and received the amended Motion in the names of Councillors David Ashton, Christopher Noyce, Bill Stephenson, Susan Hall,  Phillip O’Dell and Paul Scott in the following terms:

“This Council deplores the holding of an ‘anti-Mosque demonstration’ on Sept 11, and congratulates the police, all Council staff and the Central Mosque as well as the residents of Harrow for the dignified and controlled way they handled themselves thus ensuring that the ‘demonstration’ passed off relatively peacefully.

Council, further, expresses its appreciation for the motion passed by Brent Council on September 14 in support of Harrow and its residents as well as its appreciation for the organisation of the Unity Walk and Vigil organised by the Council on October 11.

Council instructs the Chief Executive to make these congratulations and its appreciation widely known to all those concerned.

Council deplores the proposal for a further ‘anti-Mosque demonstration’ on December 13 which is likely to lead to violence, severe disruption to Harrow residents and very large expense for the Police and the Council.

Council calls on the organisers to cancel this ‘demonstration’ and, failing this, Council pledges that working together with the Police, the Central Mosque, faith groups and local residents to do everything in its power to minimise any violence and disruption.  In particular, Council instructs the Chief Executive to take up as a matter of urgency the offer by the Home Secretary to meet a high-level delegation from Harrow to discuss the proposed demonstration.

This Council agrees to adopt a Declaration of Unity as follows:

We, the people who live and work in Harrow, are united in our commitment to the Borough.

We are proud of Harrow, the diversity and integrity of our people and our common purpose in building a safe, prosperous and healthy Borough.

We cherish our tradition of welcoming visitors and newcomers and our dedication to building stronger communities.

We stand together to reject all those who bring division or hatred within or without Harrow on whatever grounds.

We accept the rights and responsibilities of our commitment to Harrow: to show dignity and respect to all who live and visit here and to reject intolerance in all its forms”.

(ii)                 The substantive Motion was carried unanimously.

RESOLVED:  That the substantive Motion, as set out above, be adopted.

Prior to the moving of this item, Councillor Paul Osborn moved a Motion that the Council proceed to the next item of business.  Upon a vote, this Motion was carried.

RESOLVED:  That the Council proceed to the next item of business.

(i)                   At Item 12(3) the Council received a Motion in the names of Councillors Bill Stephenson and Phillip O’Dell, in the following terms:

“This Council deplores the decision by Boris Johnson, the Mayor of London, to increase bus fares by 12.7% overall and tube fares by 3.9% overall at a time when CPI inflation is 1.1%.  Council is dismayed to hear that six more accessibility schemes for tube stations are being abandoned and that on some bus and tube routes passengers will face less frequent services.  These increases will wipe out by many times any of the savings of 12p a week made by the zero increase in the GLC precept–based on increases in previous years.

Council notes that the Mayor claims that he can find £5 billion ‘efficiency savings’ in the Transport for London (TfL) budget, and urges him to concentrate on this rather than increasing fares which hit the most hard-up in the middle of a recession.  Council also notes that the Mayor will lose £70 million by halving the size of the congestion charge zone; will lose £50 million potential revenue by dropping proposals to charge the most polluting 4x4 vehicles and will lose £30 million in revenue by the replacement of ‘bendy’ buses. This money would be far better spent on providing cheap reliable public transport at the same time as improving traffic flow and cutting noxious vehicle emissions.

Council instructs the Chief Executive to convey this motion to the Mayor of London, to the Brent and Harrow London Assembly Member as well as to the Leaders of the Labour, Conservative, Liberal Democrat and Green Groups on the London Assembly”.

(ii)                 Upon a vote, the Motion was carried.

RESOLVED:  That the Motion, as set out above, be adopted.

RESOLVED:  That the Motion at Item 12(4) of the Summons stand referred to the next meeting of Cabinet, as being a matter within the remit of the Executive.

(i)                   In accordance with Rule 16.1 and at Item 12(5) the Council noted the withdrawal of the Motion set out within the Summons and received an amended Motion in the names of Councillors Barry Macleod-Cullinane and Husain Akhtar in the following terms:

“This Council notes that:

1.                   The Government is trying to renege on a three-year funding deal, agreed in April 2008, to help London’s boroughs subsidise the costs of off-peak bus travel for disabled and older people and re-direct that money to other parts of the country;

2.                   The financial consequences of this decision by Labour’s Transport Minister, Sadiq Khan MP, would be an annual funding loss to London of over £50 million, with Harrow losing upwards of £1.6 million;

3.                   That this loss of funding puts at risk the future of the Freedom Pass – much-valued by the capital’s older and disabled residents for its 24-hour free travel on bus, Tube and rail in London.

This Council therefore condemns the actions of Labour’s Transport Minister, Sadiq Khan MP, in reneging on the three-year funding deal with London’s boroughs in year three and attempting to take money from supporting vital services for the elderly and disabled in the capital.

This Council further condemns the actions of Labour’s Sadiq Khan for putting the future of the Freedom Pass at risk.

This Council notes that because Sadiq Khan MP is taking these actions as the Transport Minister in the present Labour Government, so his attack on the Freedom Pass must constitute official Labour Party policy – and is something that this Council condemns.

This Council therefore resolves:

1.                   To instruct the Chief Executive to write to Transport Minister, Sadiq Khan MP, to express our opposition to his plans to take over £50 million of funding from elderly and disabled residents across London (including £1.6 million in Harrow);

2.                   To instruct the Chief Executive to similarly write to the Minister for London, Chancellor of the Exchequer, the Equalities Minister and the Shadow Secretary of State for Transport and Shadow Minister for London expressing our concerns about Sadiq Khan’s ill-judged actions;

3.                   To instruct the Chief Executive to write to our local MPs asking them whether they support Sadiq Khan’s decision, which will hurt Harrow’s elderly and disabled residents. And that, if they oppose it, ask them to vow to attend and vote against any and all motions in the House authorising the loss of money from London;

4.                   To instruct the Chief Executive to advise the local and national media of our concerns and to brief those voluntary sector organisations such as Age Concern, Harrow Carers, Harrow Mencap and HAD as to the implications of the decision by Labour Government’s Transport Minister, Sadiq Khan, to put the Freedom Pass at risk.

(ii)                 Upon a vote, the substantive Motion was carried.

RESOLVED:  That the substantive Motion, as set out above, be adopted.

(i)                   At Item 12(6) the Council received a Motion in the names of Councillors Marilyn Ashton and Paul Osborn in the following terms:

“This Council is deeply concerned by ‘Garden Grabbing’ whereby new dwellings are built on residential land, obliterating the gardens and green spaces. This practice has increased significantly over the last decade:

1.                   The percentage of new dwellings built on previously residential land has risen from 11% in 1997, to 27% in 2007.  This number represents a rise of 5% on 2006 alone.

2.                   By 2010 there will be 2.2 million homes in the UK without a private garden, compared with 1.6 million in 1995.  This number is expected to reach 2.6 million by 2020.

3.                   London is the second-worst affected region; in 2006, 29% of new housing was built on garden-grabbed land. This is up from 13% in 1997.

4.                   Over the next 10 years, Britain will lose an area of garden equivalent in size to 2,755 Wembley pitches to new housing.

This Council believes that the powers available to local authorities are not sufficient, and therefore calls on the Government to amend planning legislation to give a duty to local planning authorities to recognise the value of gardens and urban green spaces to communities, the environment and social sustainability.

This Council proposes an amendment to the Town and Country Planning Act 1990; inserting after section 71A:

‘71B Duty as respects gardens and urban green space in exercise of planning functions

In exercise of any function under or by virtue of the planning Acts, the Greater London Authority Act 1999 (c.29) or the Planning and Compulsory Purchase Act 2004 (c.5), special regard shall be had to the desirability of preserving gardens and urban green spaces’.

In section 336, after the definition of ‘function’, insert

‘green space’ means –

(a)                 land laid out as a public garden;

(b)                land used for the purposes of public recreation; or

(c)                 an area of open space which benefits wildlife and biodiversity”.

This Council believes that this minor amendment will have a profoundly positive impact on Harrow by ensuring the preservation of more of our gardens and green spaces.  It is for this reason that this Council has submitted such a proposal under the Sustainable Communities Act 2007”.

(ii)                 There was an amendment proposed in the names of Councillors Navin Shah and Bill Stephenson, which read as follows:

“This Council is deeply concerned by ‘Garden Grabbing’ whereby new dwellings are built on residential land, obliterating the gardens and green spaces.  The figures below include regeneration projects of estates and conversion of houses to flats but, the development in back gardens has increased significantly over the last decade which Council deplores:

1.                   The percentage of new dwellings built on previously residential land has risen from 11% in 1997, to 27% in 2007.  This number represents a rise of 5% on 2006 alone.

2.                   By 2010 there will be 2.2 million homes in the UK without a private garden, compared with 1.6 million  ...  view the full minutes text for item 411.

In accordance with Rule 15.2, the Council received an Urgent Motion in the names of Councillors Jerry Miles and Mark Versallion in the following terms:

“This Council notes with great concern the recent closure of the South Harrow Post Office in Northolt Road,  forcing their customers, including elderly or infirm, to travel to either central Harrow or Northolt to access their services. 

Council also notes that when this Post Office was franchised, Post Office Ltd stated that it was to protect the ongoing Post Office Services within South Harrow shopping centre.

Council agrees that the Post Office is a vital service for residents and businesses within their area and any closures will have a major impact on the local business community.

Council therefore instructs the Chief Executive to set up an urgent meeting with Post Office Ltd (POL), involving the local ward Councillors, with a view to getting the urgent reinstatement of Post Office services in South Harrow.

Council, further, instructs the Chief Executive to set up follow-up meetings with POL to discuss future Post Office service provision in Harrow, in particular, to ensure the long term protection of current services”.

RESOLVED:  That the Urgent Motion be adopted.

In accordance with Rule 15.2, the Council received an Urgent Motion in the names of Councillors Paul Osborn and David Ashton in the following terms:

“This Council

1.                   Expresses its disappointment at the conduct of the Rt. Hon. Tony McNulty – MP for Harrow East – as detailed by the Parliamentary Committee on Standards and Privileges.

2.                   Believes he has let the people of Harrow down.

3.                   Asks that he apologises to the people of Harrow, whom he represents, as well as to Parliament”.

RESOLVED:  That the Urgent Motion be adopted.

Report of the Director of Legal and Governance Services.

Further to Item 13 on the Summons, the meeting received a report of the Director of Legal and Governance Services providing a summary of the urgent decisions taken by Portfolio Holders, the Leader and Deputy Leader, and the use of the special urgency procedure, since the last ordinary meeting of Council on 9 July 2009.

RESOLVED:  That the report be noted.

Report of the Director of Legal and Governance Services.

The Director of Legal and Governance Services advised of three urgent decisions taken in respect of matters reserved to Council, following consultation with the Leaders of each of the Political Groups, since the last meeting.

RESOLVED:  That the decisions taken under delegation by the Director of Legal and Governance Services, on behalf of Council, be noted.

(i)                   At 10.30 pm, prior to the consideration of Item 12(3) (Motions: Increase in Fares), the Mayor advised that the ‘guillotine’ procedure had come into operation for the determination of the remaining business on the Summons.

(ii)         This was applied to Items 12(3) (Motion: Increase in Fares), 12(4) (Motion: Recession Busting Committee), 12(7) (Urgent Motion: South Harrow Post Office), 12(8) (Motion: Tony McNulty MP), 13 (Decisions Taken Under the Urgency Procedure by Portfolio Holders, Leader and Cabinet and Use of Special Urgency Procedure) and 14 (Decisions on Urgent Matters Reserved to Council).

RESOLVED:  That it be noted the provisions of Rule 10.3 were applied as set out above.