Agenda and minutes

To note the appointment at the meeting of Annual Council on 10 May 2007 under the provisions of Council Procedure Rule 1.1 (xii) (Part 4a of the Constitution) of Councillor Marilyn Ashton as Chairman of the Development Management Committee for the Municipal Year 2007/08.

RESOLVED:  To note the appointment at the meeting of Annual Council on 10 May 2007 under the provisions of Council Procedure Rule 1.1 (xii) (Part 4A of the Constitution) of Councillor Marilyn Ashton as Chairman of the Development Management Committee for the Municipal Year 2007/08.

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 that there were no Reserve Members in attendance.

To appoint a Vice-Chairman for the Municipal Year 2007/08.

Nominations were received and seconded for Councillors Thaya Idaikkadar and Joyce Nickolay.  Having been put to a vote it was

RESOLVED: To appoint Councillor Joyce Nickolay as Vice-Chairman of the Development Management Committee for the Municipal Year 2007/08.

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 Councillor, who was not a Member of the Committee, be allowed to speak on the agenda item 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 applications 2/07 – 16 Lady Aylesford Avenue, Stanmore and 2/08 – 20 Lady Aylesford Avenue, Stanmore

Councillor Marilyn Ashton declared a personal interest in the above applications, arising from the fact that her son lived in Hodgkins Mews, which was not very near to the sites but was in the locality.  Accordingly, she would remain in the room and take part in the discussion and decision-making on these items.

(ii)                 Planning application 3/02 – Land rear of 51 Kings Road, fronting Stuart Avenue, Harrow

Councillor Thaya Idaikkadar declared that all Labour Members of the Committee had a prejudicial interest in the above application.  Accordingly, they would leave the room and take no part in the discussion or decision-making on this item.

(iii)                Agenda item 18 – 4 Aylwards Rise, Stanmore

Councillor Marilyn Ashton declared a prejudicial interest in the above item, arising from the fact that she had been in contact with the complainants.  Accordingly, she would leave the room and take no part in the discussion or decision-making on this item.

[Note:  Subsequently, the Committee had reason to refer to agenda item 18 – 4 Aylwards Rise, Stanmore during the discussion on agenda items 6 – Arrangement of Agenda and 10 – Deputations.  Accordingly, Councillor Marilyn Ashton left the room and took no part in the discussion or decision-making on those items].

(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 items 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;

(3)  agenda items 10 – Deputations and 18 – 4 Aylwards Rise, Stanmore be taken together.

[Note:  The Chairman, Councillor Marilyn Ashton, having declared a prejudicial interest in agenda item 18 – 4 Aylwards Rise, Stanmore, the Vice?Chairman, Councillor Joyce Nickolay, took the Chair for discussions in relation to this item.  Upon conclusion of the discussions, Councillor Marilyn Ashton resumed the chair].

(See also Minute 99).

That it be agreed that the Chairman be given authority to sign the minutes of the meeting held on 2 May 2007 as a correct record once they have been printed in the Council Bound Minute Volume.

RESOLVED:  That the Chairman be given authority to sign the minutes of the meeting held on 2 May 2007 as a correct record once they have been printed in the Council Bound Minute 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.

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

RESOLVED:  To note receipt of the following petition:

(i)                   Petition objecting to the proposed development at 80 Roxborough Road, ref: P/0810/07

The above petition, containing 35 signatures, was presented by Christine Watson.

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

In accordance with Committee Procedure Rule 17, a deputation request had been received from Mr Jeremy Derman in relation to agenda item 18 – 4 Aylwards Rise, Stanmore.

The Committee having resolved to defer consideration of the substantive item, the deputee confirmed that he would also defer his deputation.

RESOLVED:  To note that no deputations were received.

[Note:  The Chairman, Councillor Marilyn Ashton, having declared a prejudicial interest in agenda item 18 – 4 Aylwards Rise, Stanmore, the Vice?Chairman, Councillor Joyce Nickolay, took the Chair for discussions in relation to this item.  Upon conclusion of the discussions, Councillor Marilyn Ashton resumed the chair].

(See also Minutes 99 and 110).

The Committee received a reference from the Council meeting held on 26 April 2007 which requested that the following Motion in the names of Councillors Thaya Idaikkadar and Keith Ferry be considered:

“Council notes that both the Strategic Planning Committee and the Development Management Committee are quasi?judicial in nature.  In the light of this it is important that all members of these committees should have equal and full access to any information and advice provided by officers and similarly for site visits, and this should take account of members’ work commitments and disabilities.

Accordingly, the Council agrees:

-                      To hold briefing meetings after normal working hours, not in any case before 6.00 pm.

-                      To arrange site visits at times convenient to the majority of members and not dictated by the chair or members of the administration.

-                      To arrange site visits in a manner that cater for the access needs of all members.”

The Committee noted that above Motion had already been considered by the Strategic Planning Committee at its meeting on 16 May 2007, and, having been put to a vote, it was

RESOLVED: That the motion be not adopted.

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 2/01, 2/05 and 2/06 on the list of planning applications.

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:  That the report be noted.

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 to the provision of the 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)                 issue notices (if considered appropriate) under Section 330 of the Town and Country Planning Act 1990 in respect of the alleged breach of planning control;

(b)                 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 timber decking extension;

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

(c)                 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 financially viable to do so, under the provisions of Section 178 of the Town and Country Planning Act 1990.

Report of the Director of Planning Services.

The Committee received a report of the Director of Planning Services in relation to the above.  Having noted the officer’s revised recommendation, as set out in the Addendum, the Committee

RESOLVED:  That the item be deferred for further consideration by officers.

[Note:  The Chairman, Councillor Marilyn Ashton, having declared a prejudicial interest in this item and left the room, the Vice?Chairman, Councillor Joyce Nickolay, took the Chair.  Upon conclusion of this item, Councillor Marilyn Ashton resumed the chair].

(See also Minutes 99 and 104).

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 (1) no further action be taken in respect of the Committee’s resolution dated 7 June 2006 to issue an enforcement notice in respect of the erection of a canopy to the rear of an existing rear extension to the dwellinghouse at 7 Lansdowne Road, Stanmore; and

(2)  the relevant enforcement investigation be closed.

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

Members having noted that a report in relation to Jubilee House, Merrion Avenue, Stanmore would be presented to the Committee in June 2007, it was

RESOLVED:  That Member visits to the following sites would take place on Tuesday 19 June 2007 from 6.15 pm:

·                     Planning application 2/04 – The Grange, Orley Farm Road

·                     Planning application 2/05 – 80 Roxborough Road

·                     Planning application 2/06 – 62 Wood End Avenue

·                     Jubilee House, Merrion Avenue, Stanmore