Agenda item

The Committee considered an application under Regulation 3 of the Town and Country Planning Regulations 1992 for a new two-form entry First School with associated external areas including access road, hard play, grass pitches, forest schools area, and parking on land at Brockhill East, adjacent to Lowan's Hill Farm, Redditch, 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 Strategic Infrastructure and Economy's comments in relation to the Green Belt, visual impact and residential amenity, sports provision, water environment, ecology and biodiversity, traffic and highway safety, sustainable development, and other matters – crime, historic environment, contaminated land and consultation.

 

The Head of Strategic Infrastructure and Economy concluded that the proposal was wholly located within the West Midlands Green Belt. The Head of Economy and Infrastructure considered that due to the need to replace the existing Holyoakes Field First School due to the anticipated growth in pupil numbers and the condition of the existing school and lack of space to develop on the existing school site, together with the limited number of sites available within the School Catchment Area, it was considered that Very Special Circumstances had been demonstrated that would outweigh the harm to the Green Belt.

 

Under the Town and Country Planning (Consultation) (England) Direction 2009, the County Council was required to consult the Secretary of State for Communities and Local Government on new buildings in the Green Belt it intended to approve that would be inappropriate development and exceed 1,000 square metres; or any other development which, by reason of its scale or nature or location, would have a significant impact on the openness of the Green Belt. As the proposed new school would create about 1,990 square metres of floorspace if this Committee was minded to approve the application, this Council must consult the Secretary of State for Communities and Local Government. The Council might not grant planning permission until the Secretary of State had notified the Council that he did not intend to call in the application for his own determination.

 

The Head of Strategic Infrastructure and Economy considered that subject to the imposition of appropriate conditions, that the scale, massing and design of the proposed development would not have an adverse or detrimental impact upon the character and appearance of the local area, providing a local landmark and focal point. Furthermore, it was considered that the development would not cause any unacceptable overbearing, overshadowing or overlooking implications that detracts from residential amenity due its design, size and location.

 

The proposed playing pitches would be in accordance with the Football Association's guidance (Football pitch for under 11's/12's to measure 73 metres long by 46 metres wide and a Football: Mini Soccer pitch for under 7's/8's to measure about 37 metres long by 27 metres wide). Consequently, the Head of Strategic Infrastructure and Economy was satisfied that the proposed playing pitches were fit for purpose.

 

Based on the advice of North Worcestershire Water Management, the Lead Local Authority and Severn Trent Water Limited, it was considered that subject to the imposition of a condition requiring a foul drainage scheme that there would be no adverse effects on the water environment.

 

Based on the advice of Natural England, Worcestershire Wildlife Trust and the County Ecologist it was considered that subject to the imposition of appropriate conditions that the proposed development would have no adverse impacts on the ecology and biodiversity at the site or in the surrounding area, and would enhance the application site’s value for habitats, species, biodiversity and wildlife corridors.

 

Based on the advice of the County Highways Officer, the Head of Strategic Infrastructure and Economy was satisfied that the proposal would not have any adverse impacts upon traffic or highway safety, subject to the imposition of appropriate conditions. 

 

The proposal included a number of sustainable measures such as high insulation levels, installation of PV panels and a green roof, natural ventilation and a SuDS scheme. The Head of Strategic Infrastructure and Economy, therefore, considered that the proposal was a sustainable development, in accordance with the NPPF in relation to its presumption in favour of sustainable development.

 

Taking into account the provisions of the Development Plan and in particular Policies CS.1, CS.2, CS.7, CS.8, S.1, B(BE).13, B(BE).19, B(NE).1, B(NE).1a, B(NE).3, B(NE).10b, L.1, B(RA).1, C(CF).1, C(T).12, R.1 and R.5 of the adopted Borough of Redditch Local Plan No.3, and Policies 1, 2, 3, 5, 8, 11, 13, 15, 16, 17, 18, 19, 20, 36, 37, 39, 40 and 46 of the Draft Borough of Redditch Local Plan No.4, it was considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies or highway safety.

 

The representative of the Head of Strategic Infrastructure and Economy introduced the report and commented that members had visited the existing Holyoakes Field First School and observed both sides of the site. Members visited the site of the proposed new school, walking along the edge of Lowan's Hill Farm. There was a mistake in the numbering of the proposed conditions that would be corrected if the proposal was agreed.

 

Mr Lalor, an objector to the application was unable to address the Committee, his letter of representation was made available to members of the Committee.

 

In the ensuing debate, the following principal points were raised:

 

·         Mr Lunn, a local councillor commented that the relocation of the school was vital for its future success. The current building was not big enough and was hindering the education of its pupils especially as pupil numbers had increased as a result of the housing development in the area. The proposal would also provide much needed social facilities. He accepted that there would be parking issues at the start and close of the school day and urged that consideration be given to the provision of yellow lines along Cookridge Close. He supported the request from local residents for a formal footpath to enable people to walk from Oversley Close. In response the representative of the County Highways Officer commented that if members were minded to consider the introduction of a Traffic Regulation Order (TRO) for Cookridge Close, she would suggest that a TRO should be promoted rather than enforced because it was possible that an application for a TRO might not be successful, which might cause difficulties in the future

·         Concern was expressed that Cookridge Close was not wide enough to allow larger vehicles to access the proposed new school

·         The proposed new school would be situated at the top of a hill and it was important that Cookridge Close was on a gritter route or that grit bins were provided. The representative of the County Highways Officer confirmed that Cookridge Close was on a gritting route

·         There was a Royal Observer Corps monitoring post on the perimeter of the site which could have a shaft within it. It was important that for the health and safety of the children at the school that the shaft was made secure before the school was opened. The representative of Head of Strategic Infrastructure and Economy stated that the building was outside the application site. Dermot Galvin, a representative of Jacobs, the agents acting on behalf of the applicant undertook to raise the matter with Persimmons Homes, the landowner

·         It was agreed that an additional condition be added to promote the introduction of a TRO on Cookridge Close

·         The proposed new school building was well-designed and had low impact on the surrounding area

·         How much of the soil from the site would need to be removed elsewhere? Dermot Galvin stated every effort had been made to work within the contours of the site to minimise cut and fill operations because of the costly nature of soil removal. However there would be a necessity to remove some soil from the site

·         In response to a query about the height of the school, Dermot Galvin commented that Lowan's Hill Farm was higher than any part of the proposed school site

·         In response to a query about access to the school from Weights Lane, the representative of the County Highways Officer indicated that in Phase 1 of the plans for housing development, the access road to the school would be a cul-de-sac. It was intended that for Phase 3, the access would be a through road. It was not possible to give a precise timescale because it depended on the development plans of Persimmons Homes who owned the land

·         Access to schools was a general problem across Worcestershire. The Council should encourage children to walk to school and this would be picked up by the School Travel Plan. 

 

RESOLVED that the Committee resolves that they are minded to grant planning permission for a new two-form entry First School with associated external areas including access road, hard play, grass pitches, forest schools area, and parking on land at Brockhill East, adjacent to Lowan's Hill Farm, Redditch, Worcestershire, and recommends that the application be referred to the National Planning Case Work Unit in accordance with the Town and Country Planning (Consultation) (England) Direction 2009, as the proposal is a departure from Green Belt Policy and if the Secretary of State does not wish to intervene planning permission be granted, subject to the following conditions:

 

a)    The development must be begun not later than the expiration of three years beginning with the date of this permission;

 

b)    Planning permission enures for the benefit of Worcestershire County Council only;

 

c)   The development hereby permitted shall be carried out in accordance with the details shown on submitted Drawings Numbered: BW10099L A DG-P01, BW10099L A DG-P02, BW10099L A DG-P03, BW10099L A DG-P04, BW10099L A DG-P05, BW10099L A DG-P06, BW10099L A DG-P07 and BW10099L A DG-P08, except where otherwise stipulated by conditions attached to this permission;

 

d)   Prior to the occupation of the development hereby approved, details of the Photovoltaic Panels to be installed as part of the approved development shall be submitted to and approved in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details;

 

e)   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 13:00 hours on Saturdays, with no construction work on Sundays, or Bank Holidays;

 

f)    Notwithstanding any indication of the materials, which may have been given in the application, within 3 months of the commencement of the development hereby approved, a schedule and/or samples of the materials and finishes for the school building shall be submitted to and approved in writing by the County Planning Authority.  Thereafter the development shall be carried out in accordance with the approved details;

 

g)   Notwithstanding the submitted details; a scheme for any external lighting shall be submitted to and approved in writing by the County Planning Authority within 6 months of the commencement of the development hereby approved. Such details shall include their design, size, colour finish and location. Thereafter the development shall be carried out in accordance with the approved details;

 

h)    All existing trees, shrubs and hedgerows indicated to be retained shall be protected by suitable fencing in accordance with BS5837:2012 No materials shall be stored, no rubbish dumped, no fires lit and no buildings erected inside the fence.  In the event of any trees, shrub or hedgerows being damaged or removed by the development, it shall be replaced in the next planting season;

 

i)     No development shall commence until a Construction Environmental Management Plan (CEMP) for Biodiversity has been submitted to and approved in writing by the County Planning Authority. The approved CEMP shall be implemented for the duration of the construction phase. The CEMP 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 practices) to avoid or reduce impacts during construction (may be provided as a set of method statements;

                   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 present on site to oversee works;

                   vi.        Responsible persons and lines of communication;

                  vii.        The role and responsibilities on site of an Ecological Clerk of Works (ECoW) or similarly competent person;

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

 

j)     Within 6 months of the commencement of the development hereby approved, an Ecological Management Plan (EMP) shall be submitted to and approved in writing by the County Planning Authority. The EMP shall include the following:-

 

                      i.        Details of hedgerow gap planting or new hedgerow creation (native species selection, planting density and establishment care);

                    ii.        Location and specification of ten bird boxes (fitted to appropriate soft landscape features and onto and within the fabric of the new building);

                   iii.        Location and specification of five general purpose bat boxes (fitted both to the retained oak tree and within the fabric of the new building);

                   iv.        Location and specification of two hedgehog houses and hedgehog access within boundary fencing;

                    v.        Specification and location of 'habitat piles' (such as insect refuges);

                   vi.       Detailed planting scheme and specification shall include locations, seed mixes, species, sizes, spacing, ratios and planting densities with associated establishment and aftercare provision. The approved planting scheme shall be implemented within the first available planting season (the period between 31 October in any one year and 31 March in the following year) on completion of the development. Any new trees or shrubs, which within a period of five years from the completion of the planting die, are removed, or become damaged or diseased, shall be replaced on an annual basis, in the next planting season with others of a similar size and species;

Thereafter, the development shall be carried out in accordance with the approved details;

 

 

 

k)    Once installed all features (including wildlife boxes) as specified within the EMP (Condition J above) shall be maintained and if required replaced for a period of no less than five years following completion of the development hereby approved;

l)     Within 3 months of the commencement of the development hereby approved, a scheme for foul drainage shall be submitted to, and approved in writing by the County Planning Authority. The scheme shall be implemented in accordance with the agreed details before the development is first brought into use;

 

m)  The development hereby approved shall be carried out in accordance with the submitted Holyoakes School Surface Water Drainage Statement and accompanying drawings numbered: RBA-HOS-006, RBA-HOS-007, RBA-HOS-008 and RBA-HOS-009;

 

n)    Notwithstanding the submitted details, the development hereby approved shall not be brought into use until a School Travel Plan that promotes sustainable forms of access to the school site, has be submitted to and approved in writing by the County Planning Authority. Thereafter the Travel Plan shall be implemented and updated in agreement with Worcestershire County Councils Travel Plan Co-ordinator;

 

o)    Notwithstanding the submitted details, the development hereby approved shall not be brought into use until details for secure parking for at least 30 scooters has been submitted to and approved in writing by the County Planning Authority. Thereafter the development shall be carried out in accordance with the approved details;

 

p)    The development hereby approved shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been provided and clearly delineated on the ground as indicated on the approved plan;

 

q)    The development hereby approved shall not be brought into use until details of the provision of dropped kerbs and a pedestrian crossing point to cross Hewell Road have been submitted to and approved in writing by the County Planning Authority, and the works have been completed in accordance with the approved scheme;

 

r)     No development shall commence until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the County Planning Authority in writing. The scheme shall include an assessment of significance and research questions and:

 

                      i.        The programme and methodology of site investigation and recording;

                    ii.        The programme for post investigation assessment;

                   iii.        Provision to be made for analysis of the site investigation and recording;

                   iv.        Provision to be made for publication and dissemination of the analysis and records of the site investigation;

                    v.        Provision to be made for archive deposition of the analysis and records of the site investigation;

                   vi.        Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation;

 

s)    The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition r) above and the provision made for analysis, publication and dissemination of results and archive deposition has been secured;

 

t)     No development shall commence other than that required to be carried out as part of an approved scheme of remediation, until parts 1 to 4 have been complied with:

 

1.    Previous reports submitted to the County Authority in support of the application have identified unacceptable risk(s) exist on the site as represented in the Conceptual Site Model. A scheme for detailed site investigation must be submitted to and approved in writing by the County Planning Authority prior to being undertaken to address those unacceptable risks identified. The scheme must be designed to assess the nature and extent of any contamination and must be led by the findings of the preliminary risk assessment. The investigation and risk assessment scheme must be compiled by competent persons and must be designed in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Contaminated Land, CLR11";

 

2.    Detailed site investigation and risk assessment must be undertaken and a written report of the findings produced. This report shall be submitted to and approved in writing by the County Planning Authority prior to any development taking place. The investigation and risk assessment must be undertaken by competent persons and must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Contaminated Land, CLR11";

 

3.    Where identified as necessary a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors, shall be submitted to and approved in the County Planning Authority. 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;

 

4.    The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation;

 

5.    Following the completion of the measures identified in the approved remediation scheme a validation report that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing by the County Planning Authority prior to the occupation of the development hereby approved; and 

 

6.    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 in writing immediately to the County Planning Authority. An investigation and risk assessment must be undertaken and where necessary a remediation scheme must be prepared and shall be submitted to and approved in writing by the County Planning Authority. Following the completion of any measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the County Planning Authority prior to the occupation of the development hereby approved.

 

v)    To promote  the introduction of a Traffic Regulation Order on Cookridge Close.