Agenda item

Report of the Director of Environment.

 

Members considered a report and received a verbal update from the Acting Superintendent concerning matters relating to Hampstead Heath, Highgate Wood and Queen’s Park. The following points were made:

 

Hampstead Heath Drone Guidance 2021

 

·         Members were advised that HHCC Members expressed concern that the updated guidance was not strong enough. Drone incident statistics were provided to the Committee who noted that in the past seven years, there had been 110 incidents (16 per year). Officers were working with the Comptroller to address the issues and a Drone Request Form had been signed off by the Management Team and Heath Constabulary. It was noted that there were few occasions that drone use was allowed which required permission following approved Risk Assessments.

 

·         A Member stated that drones were a widespread problem across open spaces and felt their use should be severely restricted for emergency services only. The Member felt that nobody had the right to film people in public space without consent which was almost impossible to obtain.

 

·         A Member queried how filming use was monitored as the guidance stated that the Drone Request Form was not mandatory. Officers agreed to seek further legal advice on whether the form could be made mandatory

 

·         A Member suggested reviewing the Heath’s byelaws and including this within the guidance.

 

·         The Chair noted that drones were used by Officers to monitor degradation of the land post-pandemic and extreme weather which was useful. It was agreed balance on the guidance was needed.

 

·         Officers confirmed it was a complex area and the same arguments could be made for use of phone videos and photos. The key issue was what the footage was being used for as GDPR laws only concerned if they were being used commercially or professionally.

 

·         Members were supportive of the guidance and form but were concerned with how they could be enforced as drone pilots could be far away. Officers agreed this was a challenging issue. The Committee requested that this continued to be reviewed if the guidance did not work.

 

Divisional Plan 2021-24

 

·         Members noted the Divisional Plan for 2021-24 provided at Appendix 2.

 

Playgrounds

 

·         Members were advised that works at two of the Heath’s playgrounds had completed, with work to begin at the Preachers Hill in October.

 

·         With regards to the Heath Extension Playground Project, there had been significant public engagement and all feedback would be provided to the landscape architect. A fundraising page with opportunities to donate to the project would follow later in the year. 

 

 

Professional Dog Walking Licence Scheme

 

·         A request was made to delegate authority to the Town Clerk, in consultation with the Chair and Deputy Chairman of the Committee and the Superintendent, to finalise and implement the documentation in respect of the Professional Dog Walking Licencing Scheme.

 

·         Officers continued to consult with the Hampstead Professional Dog Walkers Association following concerns regarding lockdown and the change to working hours and had developed heatmapping of where people walk dogs. The Heath was subsequently split into six zones and it was proposed that 10-15 licenses be issued per zone with four dogs per licence.

 

·         The Chair reminded Members that this had previously been discussed at length by the Committee to agree the parameters, but the scheme was delayed due to Covid. It was hoped this could be approved and brought in by October.

 

·         Members discussed the key change of moving from 40 to 70 licences which was recognised as necessary after engaging with dog walkers. It was acknowledged that the load would be spread into zones following the heatmapping exercise. It was also noted that AM/PM licenses were no longer being proposed.

 

·         A Member was concerned that people might trade the licences as they were valuable and stressed the need to have rules to ensure licences were not transferable. Officers confirmed they had sought legal advice concerning the possible trading of licenses and will ensure licences were made out to individuals.

 

·         A Member highlighted the need to make sure the six dog zones complimented breeding birds. It was agreed these areas would be safe and dog walkers would be made aware of conservation areas.

 

·         A Member stated that English Heritage supported the Dog Walking Licence Scheme proposals and would bring in a similar scheme for Kenwood.

 

·         Members were supportive of the changes and approved the request for delegate authority to progress with the scheme.

 

Planning

 

·         The Superintendent updated Members on the following planning applications:

 

o   Jack Straws Castle (2020/1828/P). Members were informed of two issues concerning planning permissions for two dwellings near the boundary of the Car Park and a party wall. A surveyor has been appointed to investigate these concerns.

o   Murphy’s Yard. It was noted that the proposal for a large residential site of commercial tower blocks had received significant local and City Corporation resistance and it would affect Heath views.

o   55 Fitzroy Park (2018/3672/P). A decision had not been determined, and Officers remained concerned by drainage issues and the impact on a pond used as a bird sanctuary.  

o   37 Lancaster Road. Members were informed that planning had been granted but the project, which backed onto Highgate Wood, would have an impact on ecology, wildlife and trees.

o   Cranwell House. This development has received significant local opposition, due to a boundary issue with Highgate Wood and the impact on wildlife.

 

·         With regards to Jack Straws Castle, a Member felt it was essential for the City Corporation to write to the land owner and inform them that anything on City Corporation land would be classed as trespassing. An injunction rather than damages was also recommended.

 

·         A Member voiced support for action against Murphy’s Yard and the position against oversailing. There was concern this would be a landmark case for huge tower blocks and Members did not want to set a precedent for developments affecting view of the Heath.

·         Officers confirmed there had been scaffolding on Corporation land around building and a line of air conditioning units.

 

·          A Member noted there was a difference between temporary oversailing, whereby a fee could be requested, and permanent oversailing which should be challenged. Officers confirmed the scaffolding went within 24 hours of requesting it be moved and other matters were being dealt with.

 

Extreme weather

 

·         The Superintendent advised that heavy rain on 12 July 2021 had impacted water quality at the ponds. After testing the water, ? were higher than normal levels, water subsided quickly, and the Swimming Ponds were subsequently closed for a day due to the water quality.

 

·         In response to a query regarding how often this was likely to happen, Officers explained this was difficult to predict but that extreme changes in weather patterns were being experienced more frequently. The key issue was water not being able to percolate on the ground and subsequently entered the Ponds. Officers continue to work with Thames Water on a pipe to help avoid this in the future.

 

·         Officers confirmed water quality must adhere to law European and was tested regularly. Swimming facilities would have to be closed if water quality is compromised.

 

·         The Deputy Chairman was keen that this be kept under review as preparations would need to be made if this was expected to occur more often. Members were satisfied Officers were making correct and safe decisions and asked that Thames Water’s obligations be monitored to ensure they are fulfilling their role.

 

 

Capital Projects

 

·         Members were informed that a bid concerning the resurfacing of the Athletics Track had been submitted and Officers were liaising with the London Borough of Camden and sports groups to support the bid.

 

·         It was noted that the track was at the end of its useful life and would need to close if the bid is not successful. Members were supportive of the work for the well-used track and were concerned the Heath would lose its annual big events if unsuccessful.

 

·         In response to a question regarding grants from other charities, the Chair confirmed that many charities were still struggling and funding opportunities not available. It was noted that Officers were working to secure CIL funding.

 

RESOLVED – That Members:-

 

·         Approve the Drone Guidance attached at appendix 1, as set out in paragraphs 4-8;

 

·         Grant delegated authority to the Town Clerk, in consultation with the Chair and Deputy Chairman of the Hampstead Heath, Highgate Wood & Queen’s Park Committee and the Superintendent of Hampstead Heath, to finalise and implement the documentation in respect of the Professional Dog Walking Licencing Scheme (“the Licencing Scheme”) which is required to commence the Licencing Scheme in October 2021, as set out in paragraphs 14-15;

 

·         Approve the proposal to hold a Christmas Fayre on Hampstead Heath as set out in paragraphs 30-33.