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 Rule 4.1 (Part 4B of the Constitution).

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:

[Note:  Subsequently, planning applications 1/01 and 1/02 were deferred, and so the above Members did not speak].

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

(i)                   Agenda Item 16 – Variations to Section 106 Agreement relating to 29-33 Pinner Road, Harrow

Councillor Graham Henson declared a personal interest in the above application arising from the fact that he was a delegate from the Council to Home Group on the Rayners Lane Estate.  Accordingly, he would remain in the room and take part in the discussion and decision-making on the item.

(ii)                 Agenda Item 17 – 4 Aylwards Rise, Stanmore

Councillor Marilyn Ashton declared a prejudicial interest in the above application.  Accordingly, she would leave the room and take no part in the discussion or decision?making on the item.

            [Note:  Subsequently, the Committee had reason to refer to agenda item 17 –4 Aylwards Rise, Stanmore during the discussion on agenda item 8 – Deputations.  Accordingly, Councillor Marilyn Ashton also left the room and took no part in the discussion or decision-making on that item].

(a)  To consider whether any of the items listed on the agenda should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in Part 1 of Schedule 12A to the Local Government Act 1972;

(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 provisions of the Local Government Act 1985, the following items/information be admitted to the agenda by reason of the special circumstances and grounds for urgency stated:

and;

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

That it be agreed that the Chairman be given authority to sign the minutes of the meeting held on 27 June 2007 as a correct record once they have been printed in the Council Bound Minute Volume.

RESOLVED:  That the Chairman be given the authority to sign the minutes of the meeting held on 27 June 2007 as a correct record of that meeting, once printed in the Council Bound  Minute Volume.

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

To receive petitions (if any) submitted by members of the public/Councillors under the provisions of Committee Procedure Rule 16 (Part 4B of the Constitution).

The following petitions were received:

(i)                   Petition objecting to the proposed redevelopment of Edgware Town Football Club into 189 residential dwellings – P/1941/07/UN

Councillor Ms Nana Asante presented the above petition, which had been signed by 35 people.

RESOLVED:  That the above petition be referred to the Head of Planning for consideration.

(ii)                 Petition calling for Harrow Council not to proceed with any development on the William Ellis Playing Fields

A member of the public presented the above petition, which had been signed by 1304 people.

RESOLVED:  That the above petition, which related to planning application 1/02, be noted.

(iii)                Petition objecting to the conversion to flats of 27 Elmsleigh Avenue

Councillor Jeremy Zeid presented the above petition, which had been signed by 128 people.

RESOLVED:  That the above petition be referred to the Head of Planning for consideration.

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

Two deputation requests were received in relation to agenda item 17 – 4 Aylwards Rise, Stanmore.

RESOLVED:  That, in accordance with Committee Procedure Rule 27.1 (Part 4B of the Constitution), Committee Procedure Rule 17 be suspended to allow deputations from Mr Granger and Nishma Shah.

[Note:  The Chairman, Councillor Marilyn Ashton, having declared a prejudicial interest in agenda item 17 – 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 111 and 123).

To receive references from Council and any other Committees or Panels (if any).

RESOLVED:  To note that there were no references from Council or other Committees or Panels to be received at this meeting.

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 item 1/02 on the list of planning applications.

[Note:  Subsequently, item 1/02 was deferred, and so the representation was not received].

Report of the Head of Planning - 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 Head of Planning – for information.

The Committee received a report of the Chief Planning Officer which listed those appeals being dealt with and those awaiting decision.

RESOLVED: That the report be noted.

Report of the Head of Planning.

The Director of Planning, Development and Enterprise introduced the report, which outlined the work undertaken by the Council’s Development Management and Building Regulation staff during the 2006/07 financial year, and how performance had measured up to the key performance indicators.

The Director highlighted the fact that, whilst the number of planning applications continued to rise, performance in all Best Value Performance Indicator (BVPI) categories had improved.

The Chairman and Members of the Committee joined in congratulating planning officers on their impressive performance, particularly in view of the increase in workload and the financial situation facing the Council.

RESOLVED:  To note the report and the potential implications should the workload continue to increase.

Report of the Head of Planning.

The Committee received a report of the Head of Planning in relation to the above.

RESOLVED:  To agree a variation of the Principal Agreement to (1) amend clause 3 of the Second Schedule of the Principal Agreement by increasing the maximum price to be paid by the RSL purchasing the affordable housing units from £1,319,000 to £1,384,950; and

(2)  amend the total floor areas allocated to the affordable housing units from 597.42 sq metres to 606 sq metres, as shown at Appendix 3 to the report of the Head of Planning.

(See also Minute 111).

Report of the Director of Planning Services.

The Committee received a report of the Director of Planning, Development and Enterprise, which related to unauthorised development at 4 Aylwards Rise, Stanmore.  Members’ attention was also drawn to the additional information circulated on the Addendum.

Officers advised that, following thorough consideration, they had concluded that the development as constructed did not have the benefit of planning permission and was in breach of conditions precedent, and it was considered expedient to take enforcement action.

The Committee also received two deputations in relation to this matter:

·                     Mr Granger, representing the residents of 5 Aylwards Rise, outlined a number of complaints in relation to the development at 4 Aylwards Rise, and requested that an immediate stop notice be issued.

·                     Nishma Shah, the owner of 4 Aylwards Rise, stated that the Ordinance Survey map had been wrong and that she wished to achieve an amicable resolution to the matter.

Having considered the officer’s report and the two deputations, an amendment to the recommendation was moved and seconded and it was

RESOLVED:  That, having regard to the provisions 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 and Governance Services be authorised to:

(1)                 issue notices (if considered appropriate) under Section 330 of the Town and Country Planning Act 1990 in respect of the alleged breaches of planning control at Aylwards Drive, Stanmore;

(2)                 take all necessary steps for the preparation, issue and service of Enforcement Notice(s) requiring within six (6) calendar months to comply with the following steps:

(i)                  the demolition of the house;

(ii)                 the demolition of the detached garage;

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

(3)                 in the event of non-compliance with the above enforcement notice(s):

(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.

[Notes:  (1)  During the discussion on the above, it was moved and seconded that the item be deferred to enable Members further time to consider the officer’s report.  Upon being put to a vote, this was lost;

(2)  the Chairman, Councillor Marilyn Ashton, having declared a prejudicial interest in the above item, the Vice-Chairman, Councillor Joyce Nickolay, took the Chair for the duration of the item].

(See also Minutes 111 and 116).

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

RESOLVED: That a Member visit to the following site take place on Tuesday 28 August 2007, at a time to be confirmed:

1/01 – St Dominics 6^th Form College, Mount Park Avenue

Which cannot otherwise be dealt with.

(i)                   Planning White Paper

A Member enquired whether it would be possible for members of the Committee to consider the above before the submission deadline of 10 August 2007.

RESOLVED:  That the Chairman give consideration to the matter outside of the meeting.