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)             the meeting notes at the start of the meeting at the item ‘Reserves’ that the Reserve Member is or will be attending as a reserve;

(iv)              if a Reserve Member whose intention to attend has been noted arrives after the commencement of the meeting, then that Reserve Member can only act as a Member from the start of the next item of business on the agenda after his/her arrival.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Member:-

To agree requests to speak from Councillors who are not Members of the Committee, in accordance with Committee Procedure 4.1.

RESOLVED: That, in accordance with Committee Procedure Rule 4.1, the following Councillors, who were 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:

(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 the following declarations of interest made by Members present relating to business to be transacted at this meeting:

(i)            Planning application 2/10 – 46 Gordon Avenue, Stanmore

Councillor Marilyn Ashton declared a prejudicial interest in the above application arising from the fact that she had realised during the site visit that she knew the residents who backed onto the site, and who had objected to the proposed development.  Accordingly, she would leave the room and take no part in the discussion or decision-making on the item.

(ii)         Agenda item 13 – 37 Norwood Drive, Harrow

Councillor Thaya Idaikkadar declared a personal interest in the above application arising from the fact that one of the signatories to the deputation, Paul Levy, had been a Labour candidate approximately five years previously.  Accordingly, he would remain in the room and take part in the discussion and decision-making on the item.

(iii)        Agenda item 15 – 76 Formby Avenue, Stanmore

Councillor Mrinal Choudhury declared a personal interest in the above application arising from the fact that he knew a family who lived on the street.  Accordingly, he would remain in the room and take part in the discussion and decision-making on the 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 Act 1972 (as amended);

(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 Local Government (Access to Information) Act 1985, the following agenda item be admitted late to the agenda by virtue of the special circumstances and grounds for urgency detailed below:-

(2) all items be considered with the press and public present.

That the minutes of the meeting held on 25 January 2007 be taken as read and signed as a correct record.

RESOLVED:  That the Chairman be given authority to sign the minutes of the meeting held on 25 January 2007 as a correct record once printed in the Council Bound Volume.

To receive questions (if any) from local residents/organisations under the provisions of Committee Procedure Rule 19 (Part 4B of the Constitution).

RESOLVED:  To note that no public questions were put at the meeting under the provisions of Committee Procedure Rule 19 (Part 4B of the Constitution).

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

RESOLVED:  To note that no public questions were put at the meeting under the provisions of Committee Procedure Rule 16 (Part 4B of the Constitution).

To receive deputations (if any) under the provisions of Committee Procedure Rule 17 (Part 4B) of the Constitution.

Having been advised that a request for a deputation had been formally submitted in accordance with Committee Procedure Rule 17 (Part 4B of the Constitution), the Committee

RESOLVED:  That a deputation be received from Mr Paul Levy in relation to agenda item 13 – 37 Norwood Drive, Harrow.

(See also Minute 60).

(The covering letter submitted with the petition is attached).

The Committee received a reference from the meeting of Cabinet held on 18 January 2007 in the above matter.

RESOLVED:  That the petition be noted.

(See also Minute 60).

To confirm whether representations are to be received, under Committee Procedure Rule 18 (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 18 (Part 4B of the Constitution), representations be received in respect of items 2/04 and 2/09 on the list of planning applications.

[Note: Subsequently, item 2/04 was deferred for a Member site visit, and the representation was not received].

Report of the Head of Planning - circulated separately.

RESOLVED:  That authority be given to the Head of Planning to issue the decision notices in respect of the applications considered, as set out in the schedule attached to these minutes.

Report of the Head of Planning – for information.

The Committee received a report of the Head of Planning which listed enforcement notices awaiting compliance.

RESOLVED:  To note the report.

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development), which detailed the unauthorised conversion of a single-family dwelling into seven flats, each with its own kitchen and bathroom facilities.

The Committee also received a deputation from Mr Paul Levy, who expressed concerns on behalf of residents that the development was out of character for the area and had the potential to cause congestion, parking problems and a build up of rubbish.

Having considered the officer’s report and the deputation, the Committee

RESOLVED: That, having regard for the provisions of the Harrow Unitary Development Plan and all other material planning considerations (in accordance with Section 172 of the Town and Country Planning Act 1990 (as amended)), the Council be authorised to:

(a) take all necessary steps for the preparation, issue and service of an enforcement notice requiring within three calendar months:

(i)                 the permanent cessation of the use of the property as seven (7) self-contained flats;

(ii)               the permanent removal of six (6) bathrooms from the property;

(iii)             the permanent removal of six (6) kitchens from the property;

(iv)              the permanent removal from the land of all materials and debris arising from compliance with requirements (ii) and (iii);

(b) in the event of non-compliance with the above enforcement notice, to:

(v)                institute legal proceedings, should it be considered in the public interest to do so, pursuant to Section 179 of the Town and Country Planning Act 1990;

(vi)              carry out works in default, should it be considered in the public interest and also financially viable to do so, under the provisions of Section 178 of the Town and Country Planning Act 1990.

(See also Minutes 50, 55 and 56).

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That the enforcement notice issued on 1 June 2006, that required the demolition of a single storey front extension, and of a part single, part two storey rear extension, be withdrawn.

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in relation to the above.

RESOLVED: That, having regard for the provisions of the Harrow Unitary Development Plan and all other material planning considerations (in accordance with Section 172 of the Town and Country Planning Act 1990 (as amended)), the Council be authorised to:

(a) take all necessary steps for the preparation, issue and service of an enforcement notice requiring within three calendar months:

(i)                 the cessation of the use of the detached outbuilding as two separate residential units;

(b) in the event of non-compliance with the above enforcement notice, to:

(ii)               institute legal proceedings, should it be considered in the public interest to do so, pursuant to Section 179 of the Town and Country Planning Act 1990;

(iii)             carry out works in default, should it be considered in the public interest and also financially viable to do so, under the provisions of Section 178 of the Town and Country Planning Act 1990.

(See also Minute 50).

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in this regard.

RESOLVED: That, having regard for the provisions of the Harrow Unitary Development Plan and all other material planning considerations (in accordance with Section 172 of the Town and Country Planning Act 1990 (as amended)), the Director of Legal Services be authorised to:

(a) take all necessary steps for the preparation, issue and service of an enforcement notice requiring within three calendar months:

(i)                 the demolition of the detached outbuilding; and

(ii)               the removal of all materials and debris from the land arising from compliance with requirement (i);

(b) issue notices under Section 330 of the Town and Country Planning Act 1990 (as amended) as necessary in relation to this alleged breach of planning control;

(c) institute legal proceedings, should it be considered in the public interest to do so, in the event of failure to:

(i)      supply the information required by the Director of Legal Services through the issue of notices under Section 330 of the Town and Country Planning Act 1990; and/or

(iii)             fully comply with the requirements of the enforcement notice.

Report of the Group Manager (Planning and Development).

The Committee received a report of the Group Manager (Planning and Development) in relation to the above.

RESOLVED: That, having regard for the provisions of the Harrow Unitary Development Plan and all other material planning considerations (in accordance with Section 172 of the Town and Country Planning Act 1990 (as amended)), the Council be authorised to:

(a) take all necessary steps for the preparation, issue and service of an enforcement notice requiring within three calendar months:

(i)                 the demolition of the rear extension;

(ii)               the removal from the land of the materials arising from compliance with the requirements in (i) above;

(b) in the event of non-compliance with the above enforcement notice, to:

(i)                 institute legal proceedings, should it be considered in the public interest to do so, pursuant to Section 179 of the Town and Country Planning Act 1990;

(ii)               carry out works in default, should it be considered in the public interest and also financially viable to do so, under the provisions of Section 178 of the Town and Country Planning Act 1990.

Item added at the request of the Chairman.

The Chairman reported that a number of issues had come to light whereby structures had been built in the Borough which complied with permitted development legislation but were of an unsightly design.  This was detrimental to the occupiers of neighbouring properties, and appeared to be a loophole in the legislation.  The Chairman proposed that she write to the Government on behalf of the Committee expressing concerns in relation to the current legislation.

A Member of the Committee commented that the Department for Communities and Local Government had issued a consultation paper in relation to permitted development rights on 2 August 2006.  The legal officer in attendance advised that the consultation paper had focused on Article 4 Directions, and therefore it would not have been appropriate to raise concerns of this nature during that consultation.

Having been put to a vote, the Committeee

RESOLVED: That the Chairman write to the Government and Harrow MPs requesting a review and subsequent revision of the Permitted Development legislation.

[Notes: (1) Councillors Marilyn Ashton, Don Billson, Julia Merison, Narinder Singh Mudhar and Joyce Nickolay wished to be recorded as having voted in favour of writing the letter;

(2) Councillors Mrinal Choudhury, Keith Ferry and Thaya Idaikkadar wished to be recorded as having voted against writing the letter.

To arrange dates for Member site visits that have been agreed during the course of the meeting (if any).

RESOLVED: That Member visits to the following sites be arranged to take place immediately following those visits already arranged by the Strategic Planning Committee for Saturday 3 February 2007:

Planning application 2/04 – 36 Park Drive, Harrow

Planning application 2/06 – The Power House, 87 West Street, Harrow