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 receive declarations of disclosable pecuniary or non pecuniary interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Sub-Committee;

(b)               all other Members present.

RESOLVED:  To note that the following interests were declared:

Agenda Item 5 - Call-in of the Cabinet Decision (15 January 2015) – Determination of Statutory Proposals to Expand Grimsdyke School

Councillor Mrs Camilla Bath declared a non-pecuniary interest in that she was a governor at Harrow High School and St George’s Roman Catholic School.  She would remain in the room whilst the matter was considered and voted upon.

Councillor Susan Hall declared a non-pecuniary interest in that she was a member of the London Fire and Emergency Planning Authority. She would remain in the room whilst making her representations.

Councillor Jean Lammiman declared a non-pecuniary interest in that she was a governor at Shaftesbury School.  She would remain in the room to listen to the discussion.

Councillor Janet Mote declared a non-pecuniary interest in that she was involved in the expansion process at St John Fisher School.  She would remain in the room whilst the matter was considered and voted upon.

To consider the appointment of a Vice-Chair to the Sub-Committee for the Municipal Year 2014/15.

RESOLVED:  That Councillor Janet Mote be appointed as Vice-Chair of the Sub-Committee for the remainder of the Municipal Year 2014/15.

The Chair drew attention to the document ‘Protocol for the Operation of the Call-In Sub-Committee’.  He outlined the procedure to be followed at the meeting, and the options open to the Sub-Committee at the conclusion of the process. 

In accordance with Committee Procedure Rule 45.5, a notice seeking to invoke the call-in procedure must state at least one of the following grounds in support of the request for a call-in of the decision:-

(a)               inadequate consultation with stakeholders prior to the decision;

(b)               the absence of adequate evidence on which to base a decision;

(c)               the decision is contrary to the policy framework, or contrary to, or not wholly in accordance with the budget framework;

(d)               the action is not proportionate to the desired outcome;

(e)               a potential human rights challenge;

(f)                 insufficient consideration of legal and financial advice.

The Chair confirmed with the signatories to the Call in that grounds (a) and (b) had been cited on the Call In notice.

RESOLVED:  That the Call-In would be determined on the basis of the following grounds:

(a)               inadequate consultation with stakeholders prior to the decision;

(b)               the absence of adequate evidence on which to base a decision.

a)     Notice invoking Call-In;

b)     Minutes of the Cabinet meeting held on 15 January 2015;

c)      Report submitted to Cabinet on 15 January 2015.

The Sub-Committee received the papers in respect of the Call-in notice submitted by 8 Members of Council in relation to the decision made by Cabinet on the determination of statutory proposals to expand Grimsdyke School.

The Chair advised the Sub-Committee on the suggested order of proceedings and reminded Members of the timings allowed for submissions and questions.

The Chair invited the lead representative of the signatories, Councillor Susan Hall, to present the reasons for the call-in of the decision to the Sub-Committee.

She stated that:

·                     the school was unique in relation to its location and the issues which impacted on its proposed expansion;

·                     the objection to the proposed expansion of Grimsdyke School was not related to its performance or reputation.  It was recognised as a good school and the need for more school places in the borough was recognised;

·                     it was felt that there was inadequate consultation on the proposals.  Residents within the area who would be affected by the proposals had not received any notification of the proposed expansion.  These included residents on Derwent Avenue and Coburn Road;

·                     of the consultation that did take place, 56% of residents were against the proposed expansion.  70 letters of objections to the proposed expansion had been submitted;

·                     this Sub-Committee had rarely met over a number of years.  This was an indication of the level of objections against the proposed development;

·                     there were severe traffic problems in the area of Grimsdyke School.  There was only access route for all of the houses in that area via Coburn Road and any proposed expansion would only add to the difficulties encountered;

·                     there were concerns that the traffic issues around Grimsdyke School currently prevented Emergency Vehicles from entering the surrounding roads and this issue would only become worse if the expansion proposals were agreed;

·                     there was insufficient evidence on which Cabinet based their decision on.  There was no evidence provided on how the traffic issues expressed would be mitigated.  There was also no consideration given to the responses provided to the proposed expansion and how this would be addressed.

Councillor Simon Brown, Portfolio Holder for Children, Schools and Young People, responded by stating the following points:

·                     there was a need for more school places in Harrow.  It was projected that there would be a big increase in population in Harrow and as a result this would mean more school places were required;

·                     the Council had a statutory obligation to provide sufficient school places for children in the borough;

·                     several schools in the borough had already been expanded to deal with this issue.  The proposed expansion at Grimsdyke School was part of this programme;

·                     in relation to consultation, the guidelines issued by the Department for Education had been complied with which was the Council’s usual approach.  Nearly 350 households had been sent notification of the proposed expansion in properties surrounding Grimsdyke School;

·                     in addition to this Grimsdyke School had sent notification of the proposed expansion to the parents and carers of pupils who attended the school;  ...  view the full minutes text for item 5.