Agenda item

The Committee considered the proposed demolition of existing single storey temporary classroom block, erection of new replacement two-storey classroom building to accommodate 12 no. classrooms, 4 offices and ancillary space, and the relocation and reconfiguration of the existing car park provision at Wolverley CE Secondary School, Blakeshall Lane, Wolverley, Worcestershire.

 

The report set out the background of the proposal, the proposal itself, the relevant planning policy and details of the site, consultations and representations.

 

The report set out the Head of Planning and Transport Planning’s comments in relation to Green Belt, Historic Environment, Residential Amenity, Visual Impact and Landscape Character, Traffic and Highway Safety, Ecology and Biodiversity, Water Environment including Flooding and Other Matters – Playing Fields, Minerals, Consultation, Renewable Energy, Human Rights Act 1998, and Obligations under the Equality Act 2010.

 

The Head of Planning and Transport Planning concluded that on balance the proposed development, when considered in isolation and in combination with other developments, would have moderate impact on the openness of the Green Belt. The Head of Planning and Transport Planning considered that the applicant’s considerations, such as the state of the existing mobile classrooms and the lack of available land within the school boundary outside of the Green Belt designation amount to very special circumstances.  Accordingly, very special circumstances existed and, in relation to Green Belt matters, the granting of planning permission could be justified. As such, the proposed development met the relevant policy requirements in the NPPF Section 13 and accorded with Policies SP.7 and DM.22 of the adopted Wyre Forest Local Plan.

 

On review of the submitted information and taking into account comments from the consultees including the County Archaeologist, Wyre Forest District Council Conservation Officer and Historic England, and due to the nature, scale and location of the proposal, together with the distance from heritage assets and intervening buildings, and established trees and vegetation, the Head of Planning and Transport Planning considers that the proposals would not lead to any material harm to any of the identified heritage assets. In view of this, the Head of Planning and Transport Planning considered that the proposed development would not have an unacceptable adverse impact upon heritage assets, in accordance with Policies SP.20, SP.21, and DM.23 of the adopted Wyre Forest District Local Plan, subject to the imposition of appropriate conditions.

 

The Head of Planning and Transport Planning considered that, subject to the imposition of appropriate conditions, the proposal would not have an unacceptable adverse or detrimental impact upon the character and appearance of the local area, and would not cause any unacceptable overbearing, overshadowing or overlooking implications that detracts from residential amenity due to its design, size and location.

 

On review of the submitted information and taking into account comments from the County Landscape Officer and WRS, the Head of Planning and Transport Planning considered that subject to the imposition of appropriate conditions, there would be no unacceptable adverse noise, dust, vibration, odour, air pollution impacts on residential amenity, visual impacts and landscape character, in accordance with Policies SP.16, SP.20, SP.22, SP.28, SP.33 and DM.24 of the adopted Wyre Forest District Local Plan.

 

On review of the submitted information and taking into account comments from the County Highways Officer and County Footpaths Officer, the Head of Planning and Transport Planning was satisfied that, subject to the imposition of appropriate conditions, the proposed development would not have an unacceptable adverse impact upon traffic, highways safety or PROW, in accordance with Policies SP.27 and DM.24 of the adopted Wyre Forest District Local Plan.

 

On review of the submitted information and based on the advice of Natural England, WWT, the County Ecologists, Wyre Forest District Council, and Wyre Forest District Council Nature Conservation Officer, the Head of Planning and Transport Planning considered that the proposal would not have an unacceptable adverse impact on ecology and biodiversity at the site or the surrounding area, and would enhance the application site’s value for biodiversity, subject to the imposition of appropriate conditions. The Head of Planning and Transport Planning considered that the proposed development was in accordance with Policies SP.22, SP.23, SP.28, DM.24 and DM.26 of the adopted Wyre Forest District Local Plan.

 

On review of the submitted information and based on the advice of NWWM, STWL, the County Ecologist, and WWT, the Head of Planning and Transport Planning considered that the proposal would have no unacceptable adverse effects on the water environment, subject to the imposition of appropriate conditions. The Head of Planning and Transport Planning considered that the proposed development accorded with Policies SP.29, SP.30, SP.31, SP.32 and SP.33 of the adopted Wyre Forest District Local Plan.

 

In accordance with paragraph 11 c) of the NPPF, development proposals that accord with an up-to-date Development Plan should be approved without delay and taking into account the provisions of the Development Plan and in particular Policy MLP 41 of the adopted Worcestershire Minerals Local Plan, Policy WCS 17 of the adopted Worcestershire Waste Core Strategy and Policies SP.1, SP.2, SP.7, SP.16, SP.20, SP.21, SP.22, SP.23, SP.27, SP.28, SP.29, SP.30, SP.31, SP.32, SP.33, SP.34, SP.35, SP.37, DM.6, DM.22, DM.23, DM.24 and DM.26 of the adopted Wyre Forest District Local Plan, it is considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies. However, this council may not grant planning permission until the Secretary of State had notified the Council that he did not indeed to call in the application for his own determination.

 

The representative of the Head of Planning and Transport Planning introduced the report and commented that since the publication of the report, the County Highways Officer had recommended an additional highways condition stating that “No construction traffic or delivery vehicles shall be permitted to access the site during the hours of 08:00 – 09:00 and 14:45 – 16:30 during the school term time and this applies throughout all the construction phases of the development hereby approved.”

 

In the ensuing debate, the following points were made:

 

·         This was a sensible operational development to deal with the issues associated with the age of the school buildings. There was no adverse impact on the surrounding area as a result of the application and the proposal should be supported

·         It was requested that for future applications, more consideration be given to water catchment and the use of “grey” water to reduce the amount of clean water use. In addition, a large roof overhang to protect the building from the sun would be beneficial from a sustainability perspective. A design that met the environmental challenges of the future would be welcomed. The representative of the Head of Planning and Transport Planning confirmed that the applicant had taken sustainability of the building seriously and submitted a very good sustainability statement. The scheme would include the use of an air-source heat pump which would provide 20% of the building’s energy demand and had been designed with a fabric-first approach to improve the air tightness and reduce energy consumption. He could not confirm whether “grey” water would be used in the development

·         Concern was expressed about the level of noise emissions from air-source heat pumps

·         The replacement of temporary classrooms with permanent classrooms and the upgrading of the school was welcomed

·         The local councillor commented that there was a need for this proposal and he supported the application together with the additional highways condition.

 

RESOLVED that:

 

a)    The Committee is minded to grant approval for the proposed demolition of existing single storey temporary classroom block, erection of new replacement two-storey classroom building to accommodate 12 no. classrooms, 4 offices and ancillary space, and the relocation and reconfiguration of the existing car park provision at Wolverley CE Secondary School, Blakeshall Lane, Wolverley, Worcestershire, that the application be referred to the Secretary of State for Levelling Up, Housing and Communities, in accordance with The Town and Country Planning (Consultation) (England) Direction 2021; and

b)   If the Secretary of State does not wish to intervene, planning permission be granted, subject to the following conditions:

 

Commencement

1)    The development must be begun not later than the expiration of 3 years beginning with the date of this permission.

 

2)    The developer shall notify the County Planning Authority of the start date of commencement of the development in writing within 5 working days following the commencement of the development.

 

Approved Plans

3)    The development hereby permitted shall be carried out in accordance with the details shown on the following submitted and approved drawings, except where otherwise stipulated by conditions attached to this permission:

 

·         Drawing number: WSK-RBA-NC-00-D-A-000103, Revision P05, titled: ‘Replacement Classrooms Proposed Site Plan’, dated June 2022;

·         Drawing number: WCESS-RBA-NC-00-D-A-101, Revision P01, titled: ‘Site Location Plan’, dated June 2022;

·         Drawing number: WCESS-RBA-IBL-00 DR-A-000102, titled: ‘Existing Site Plan’, Revision P01, dated June 2022;

·         Drawing number: WCESS RA-IBL-00 DR-A-000105, Revision P01, titled: ‘Replacement Classrooms Demolition Plan’, dated: June 2022;

·         Drawing number: WCESS-RBA-NC-D-A-000110, Revision P02, titled: ‘Replacement Classrooms Proposed Ground Floor Plan’ dated May 2022;

·         Drawing number: WCESS-RBA-NC-01-D-A-000111, Revision P02, titled: ‘Replacement Classrooms Proposed First Floor Plan’, dated May 2022;

·         Drawing number: WCESS-RBA-NC-RF-D-A-000112, Revision P01, titled: ‘Replacement Classrooms Proposed Roof Plan’, dated May 2022;

·         Drawing number: WCESS-RBA-NC-ZZ-DR-A-000104, Revision P01, titled: ‘Existing and Proposed Site Sections’ dated June 2022;

·         Drawing number: WCESS-RBA-NC-ZZ-D-A-000115, Revision P02, titled: ‘Replacement Classrooms Proposed Elevations Sheet 1 of 2’, dated May 2022;

·         Drawing number: WCESS-RBA-NC-ZZ-D-A-000116, Revision P02, titled: ‘Replacement Classrooms Proposed Elevations Sheet 2 of 2’, dated May 2022;

·         Drawing number: WCESS-RBA-NC-ZZ-D-A-000117, Revision P01, titled: ‘Replacement Classrooms Proposed Sections’, dated May 2022;

·         Drawing number: WCESS-RBA-NC-ZZ-D-A-000118, Revision P01, titled: ‘Replacement Classrooms Existing and Proposed South-East Elevations’, dated May 2022;

·         Drawing number: WCESS-RBA-NC-ZZ-D-A-000119, Revision P01, titled: ‘Replacement Classrooms Existing and Proposed South-West Elevations’, dated May 2022; and

·         Drawing number: WCESS-KCL-EX-00-D-R-000100, Rev P01, titled: ‘Parking and access during construction, dated June 2022, received by the County Planning Authority on 12 October 2022.

 

Working Hours

4)    Construction works shall only be carried out on the site between 08:00 to 18:00 hours on Mondays to Fridays inclusive, and 08:00 to 12:30 hours on Saturdays, with no construction work on Sundays, Public or Bank Holidays.

 

Materials

5)    Notwithstanding the submitted details, within 1 month of the commencement of the development hereby approved, a schedule and/or samples of the materials, colours and finishes of the development shall be submitted to the County Planning Authority for approval in writing. Thereafter the development shall not be carried out other than in accordance with the approved details.

 

Highways

6)    The development hereby approved shall be carried out in accordance with the approved ‘Emissions Management Plan’, Rev B, dated 16 August 2022 for the duration of the construction works.

 

7)    The development hereby approved shall be carried out in accordance with Section 5.3 ‘Mitigation Measures’ of the approved ‘Wolverley School, Kidderminster – Transport Technical Note’, Rev V02, dated 15 June 2022 for the duration of the construction works.

 

8)    Prior to the use of the development herby approved, details of sheltered and secure cycle parking facilities, including details of the location, type of rack, spacing, numbers, method of installation and access in line with Worcestershire County Council Streetscape Design Guide (July 2022) shall be submitted to the County Planning Authority for approval in writing. Thereafter the development shall be carried out in accordance with the approved details, and the cycle parking shall be kept available and maintained for use by bicycles only.

 

9)    Electric charging points shall be installed in at least 2 of allocated parking spaces for the opening of the development hereby approved, and at least 1 additional parking space shall be made ready for electric charging point installation (i.e., incorporating appropriate cabling) to allow additional provision to meet future demand. The charging points must comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851. As a minimum, the charging points shall comply with Worcestershire County Council Streetscape Design Guide (July 2022) which requires 22 kilowatts charging points for non-residential developments.

 

Biodiversity and Landscape

10) Notwithstanding the submitted details, prior to commencement of development hereby approved, including demolition, ground works and vegetation clearance, a Construction Environmental Management Plan (CEMP) for biodiversity shall be submitted to and approved in writing by the County Planning Authority. The approved CEMP for Biodiversity shall be implemented for the duration of the construction works. The CEMP for Biodiversity shall include the following:

 

i.             Risk assessment of potentially damaging construction activities;

ii.            Identification of “biodiversity protection zones”;

iii.           Practical measures (both physical measures and sensitive working practises) to avoid or reduce impacts during construction. These shall be submitted in the form of a set of ‘Precautionary Method Statements’, which shall include:

·         Methods for habitat manipulation, to remove suitability for reptiles and to provide contingency processes in the event of discovery of great crested newt, slow-worm, grass snake or other protected species;

·         Precautionary working methods with regard to badgers and hedgehogs, to include both pre-commencement inspections in and around working areas and to confirm measures to be employed so as to protect badgers from becoming trapped in open excavations and/or pipes or culverts;

·         Soft felling measures for any trees identified with a Potential Bat Roosting Features (low value Potential Roosting Feature only);

·         Vegetation clearance with regards nesting birds; confirming that no vegetation clearance shall take place between March 1^st and August 31^st inclusively, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds nests immediately before the vegetation is cleared and provided written confirmation that no birds shall be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation to be submitted to the County Planning Authority; and

·         A biosecurity protocol to detail measures to minimise or remove the risk of introducing non-native species into a particular area during construction, operational or decommissioning phases of a project;

iv.           The location and timing of sensitive works to avoid harm to biodiversity features;

v.            The times during construction when specialist ecologists need to be onsite to oversee works;

vi.           Responsible person and lines of communication;

vii.         The role, responsibilities and external reporting requirements of an on-site Ecological Clerk of Works (ECoW) or similar competent person; and

viii.        Use of protective fences, exclusion barriers and warning signs.

 

On completion of the CEMP a brief Statement of Conformity is to be submitted by the ECoW to the County Planning Authority confirming successful implementation of CEMP biodiversity measures, and any records of wildlife generated to be returned to the Worcestershire Biological Record Centre.

 

11) Notwithstanding the submitted details, within 3 months of the commencement of development hereby approved a Landscape and Ecological Management Plan (LEMP) shall be submitted to the County Planning Authority for approval in writing. Thereafter, the development shall be carried out in accordance with the approved plans. The LEMP shall include the following:

 

i.             Description and evaluation of features to be managed for their biodiversity value, as outlined in the Biodiversity Net Gain Assessment. To include both created and retained vegetation. The LEMP shall illustrate the location, extent and planting specifications of these habitats. Hedgerow and trees should be underplanted with an appropriate ground flora mix;

ii.            Aims and objectives of management;

iii.           Appropriate management options for achieving aims and objectives;

iv.           Prescriptions for management actions;

v.            Preparation of a work schedule (including an annual work plan, capable of being rolled forward over the full period

specified as being required in order for features to reach the target condition specified);

vi.           Details of the body or organisation responsible for the implementation of the plan; and

vii.         Ongoing monitoring and remedial measures including clearly defined and appropriate criteria and measures of ‘success’ against which the performance and effectiveness of the LEMP can be judged;

 

Where it is intended to create semi-natural habitats, all species used in the planting proposals shall be native species of local provenance, unless otherwise agreed in writing with the County Planning Authority. No peat or insecticides or fungicides to be used. No fertilisers to be used in areas of wildflowers, any topsoil used in these locations should be of low fertility. Tree guards should be biodegradable or, the LEMP shall identify a date at the termination of aftercare period when all plastic tree guards are to be removed. Monitoring of ecological features including trees, hedgerow, grassland and any installed boxes or habitat refuges are to be undertaken and reported by a Suitable Qualified Ecologist.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan shall be secured by the developer with the body(ies) responsible for LEMP delivery. The LEMP shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or any remedial action shall be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan shall be implemented in accordance with the approved details; A brief Statement of Conformity is to be submitted to the County Planning Authority which reviews measures implemented and their effectiveness against stated success criteria at the end of the LEMP aftercare period.

 

12) The development hereby approved shall be carried out in accordance with the tree mitigation and protections measures as identified in the Arboricultural Impact Assessment (Report No: RT-MME-157527-02, Dated: May 2022).

 

13)Details of any new lighting to be installed at the site, other than emergency above-door lighting required for statutory safety requirements, shall be submitted to the County Planning Authority for approval in writing prior to being erected. These details shall include the following:

 

i.             Height of the lighting;

ii.            Intensity of the lights;

iii.           Spread of light in metres (Lux plan);

iv.           Any measure proposed to minimise the impact of the lighting or disturbance through glare;

v.            Any measures to minimise the impact of lighting upon protected species and habitats, in particular bats; and

vi.           Times when the lighting would be illuminated.

 

14)No development shall take place until an Ecological Design Strategy (EDS) addressing habitat enhancement measures to include bird and bat box specifications and measures which contribute towards the conservation of hedgehogs and invertebrates has been submitted to and approved in writing by the County Planning Authority. The EDS shall include the following:

 

i.             Purpose and conservation objectives for the proposed works;

ii.            Review of site potential and constraints, including up-to-date surveys for mobile wildlife (such as badgers) to be undertaken by a competent and appropriately accredited specialist;

iii.           Detailed design(s) and/or working method(s) to achieve stated objectives;

iv.           Extent and location/area of proposed works on appropriate scale maps and plans;

v.            Type and source of materials to be used where appropriate, e.g. native species of local provenance;

vi.           Timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

vii.         Persons responsible for implementing the works;

viii.        Details of initial aftercare and long-term maintenance;

ix.           Details for monitoring and remedial measures; and

x.            Details for disposal of any wastes arising from works.

 

The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

 

Sustainable Drainage System (SuDS)

15) No works in relation to site drainage shall take place until a scheme for surface water drainage for all impermeable areas has been submitted to and approved in writing by the County Planning Authority. This scheme shall be indicated on a drainage plan. If possible, infiltration techniques are to be used and the plan shall include the details and results of field percolation tests. If infiltration drainage is not possible on this site, an alternative method of surface water disposal should be submitted for approval. There shall be no increase in runoff from the site compared to the pre-development situation up to the 1 in 100-year event plus an allowance for climate change. The drainage scheme shall be implemented prior to the first use of the development and thereafter maintained.

 

Renewable Energy

16)Prior to the use of the development hereby approved, details of renewable or low carbon energy generating facilities to be incorporated as part of the approved development shall be submitted to and approved in writing by the County Planning Authority. The details shall demonstrate that at least 10% of the predicted energy requirements of the development will be met through the use of renewable/low carbon energy generating facilities.  The approved facilities shall be provided prior to the use of the development hereby approved.

 

Unexpected Contamination

17)In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the County Planning Authority. The applicant is advised to immediately seek the advice of an independent geo-environmental consultant experienced in contaminated land risk assessment, including intrusive investigations and remediation. No further works should be undertaken in the areas of suspected contamination, other than that work required to be carried out as part of an approved remediation scheme, until requirements a) to d) below have been complied with:

 

a)    Detailed site investigation and risk assessment must be undertaken by competent persons in accordance with the Environment Agency’s ‘Land Contamination: Risk Management’ guidance and a written report of the findings produced. The risk assessment must be designed to assess the nature and extent of suspected contamination and approved by the County Planning Authority prior to any further development taking place;

 

b)   Where identified as necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared and is subject to the approval of the County Planning Authority in advance of undertaking. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation;

 

c)    The approved remediation scheme must be carried out in accordance with its terms prior to the re-commencement of any site works in the areas suspected contamination, other than that work required to carry out remediation;

 

d)   Following completion of measures identified in the approved remediation scheme a verification report that demonstrates the effectiveness of the remediation carried must be produced and is subject to the approval of the County Planning Authority prior to the use of the development hereby approved; and

 

18)No construction traffic or delivery vehicles shall be permitted to access the site during the hours of 08:00 – 09:00 and 14:45 – 16:30 during the school term time and this applies throughout all the construction phases of the development hereby approved.