Agenda item

The Committee considered an application under Regulation 3 of the Town and Country Planning Regulations 1992 for a new single storey 1 Form Entry Primary School accommodating Reception to Year 6.

 

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 need for the school, residential amenity, traffic and highway safety, building design, playing field, landscape character and appearance of the area, ecology and biodiversity, and water environment.

 

The Head of Strategic Infrastructure and Economy concluded that on balance, in terms of the main issues to be considered in the determination of this application, the proposal would be acceptable.

 

In terms of need for the school, the development plan and the NPPF gave significant weight to the need to create new schools. The need for the school had been established.

 

The proposal would also be acceptable in terms of residential amenity. The height of the school would not be inappropriate in terms of the development plan. Concerns regarding litter would be a management issue for the school.

 

The Head of Strategic Infrastructure and Economy noted the concerns regarding traffic and highways safety. The County Highways Officer had raised no objections. Parking provision would accord with Worcestershire County Council's Highway Standards adopted in February 2016. On balance, the proposal would be acceptable in terms of traffic and highways safety, and would accord with the sustainable travel policies of the development plan.

 

The proposal would accord with the development plan in terms of building design. The design philosophy accords with many sustainable design principles. Concerns regarding materials and elevations would be addressed through the imposition of appropriately worded conditions.

 

In terms of the playing field, Sport England's condition would ensure community use in accordance with the existing S106 agreement. The Head of Strategic Infrastructure and Economy considered that the proposal to fence and separate the junior and adult pitches would not be the ideal situation and would prefer a management solution, although the important consideration of the need to safeguard children was acknowledged.

 

The proposal would be acceptable in terms of landscape character and appearance of the area. Concerns regarding the maintenance of the landscaping would be addressed through a condition.

 

In terms of ecology and biodiversity, the proposed sedum roof and landscaping weighed significantly in the proposal's favour, and accorded with the development plan. Therefore, the Head of Strategic Infrastructure and Economy considers that the proposal would be acceptable in terms of ecology and biodiversity.

 

The proposal would be located in Flood Zone 1 (a low risk zone). Consultees had no objections in terms of the water environment. The proposal would, therefore, be acceptable in terms of the water environment.

 

Taking in to account the provisions of the Development Plan and in particular Policies SWDP 1, SWDP 2, SWDP 4, SWDP 21, SWDP 22, SWDP 23, SWDP 25, SWDP 27, SWDP 28, SWDP 29, SWDP 30, SWDP 31, SWDP 33, SWDP 37, and SWDP 39, and SWDP 62 of the South Worcestershire Development Plan 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 commented that members had visited the site and observed the site from the car park adjacent to the Community Centre and walked along Swinyard Road, observing the proximity to the Malvern Hills and residential properties. Mr Tuthill, the local councillor for a neighbouring division had indicated his support for the proposal.

 

Mrs Jones, an objector to the application addressed the Committee. She commented that she was addressing the Committee on behalf of the Malvern Vale Residents Group. She stated that there were a number of concerns relating to parking/traffic at the site. The number of staff car parking spaces had reduced from the original plans and did not include a disabled parking space. The lack of parking for parents was a concern. Although the car park of the Community Centre was nearby, the Community Centre held a number of events during the day and was very busy. The access road was narrow and winding with a number of traffic management restrictions. There was insufficient parking for local residents and as a result parking took place on the roadside. Swinyard Road was used as an access road for the local supermarket with large vehicles driving along it at all times of the day. Emergency vehicles struggled to access the estate. Local residents argued that consideration of this application should be deferred until issues relating to parking had been addressed.

 

In response to Mrs Jones' presentation, the following point was made:

 

·         How frequently was the 50 space car park at the Community Centre full during the day? Mrs Jones responded that the car park was not full every day each week however there were activities at the Centre throughout the day therefore cars were continually entering and leaving the car park. She was also concerned that the car park would be used as an overflow for parking for the local supermarket

·         Dermot Galvin from Jacobs, the agent acting on behalf of the applicant commented that it was possible that one of the nine staff car parking spaces could be converted to a disabled parking space. Unfortunately the site was constrained and there was insufficient space for more than 9 staff car parking spaces without compromising the plans for the building. There had long been a relationship to share facilities with the Community Centre and it was hoped that this would continue into the future. 

 

In the ensuing debate the following principal points were raised:

 

·         Concern was expressed about the safety of children at the front of the school building and perhaps railings could be introduced to prevent children running across Swinyard Road from the main entrance. In addition Malvern Hills District Council should look to release car parking spaces from the Community Centre to the school. The representative of the County Highways Officer explained that Swinyard Road had been specifically designed to be winding to keep traffic speeds down. Council policy had now changed and it was no longer recommended that railings be introduced for safety reasons due to children being trapped on the wrong side of them

·         Unfortunately despite the best efforts of School Travel Plans, parents still persisted in driving children to school

·         Were there any 20 mile per hour speed restriction notices along the access road?  The representative of the County Highways Officer commented that there were no speed restrictions on Swinyard Road. The road had been designed to make it difficult for motorists to travel faster that 20mph. It was possible to make a Traffic Regulation Order restricting speed however this was not supported by the Police due to enforcement issues and therefore she would not recommend it

·         It was important to ensure that large vehicles delivering to the local supermarket were prevented from parking on the roadside. Duncan Rudge, a Planning Officer from Malvern Hills District Council stated that supermarket vehicles tended to pull round in front of the store to unload. He was not aware of any unloading taking place on the highway

·         Duncan Rudge indicated that the adult and junior pitches would be surrounded by a perimeter fence. In addition he referred to the concerns expressed by Sport England about the plans to separate the pitches with a fence. The representative of the Head of Strategic Infrastructure and Economy stated that he would prefer that a management solution be found for the pitches without the need for partitioning. Dermot Galvin recognised that there was an issue with flexibility if a fence was installed however the applicant was adamant that the fence was necessary for safeguarding reasons. The applicant was particularly concerned about the OSTED inspection and the school's ability to satisfy their safeguarding requirements. If there was an alternative solution that satisfied the concerns of OFSTED then he would be willing to look at it

·         The Committee agreed that a fence dividing the adult and junior pitches should be included in the plans for the safeguarding of children on the site.  

 

RESOLVEDthat planning permission be granted for the proposed construction of a new single storey 1 Form Entry Primary School accommodating Reception to Years 6 at Malvern Vale Primary School, Swinyard Road, Malvern Vale, Malvern, Worcestershire, WR14 1GU, 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: BW10100L A-DG-0006 Rev. C, BW10100L A-DG-0100 Rev. D, BW10100L A-DG-0101, BW101001L A-DG-0106, BW10100L A-DG-0201 Rev. A, BW10100L A-DG-0202 Rev. A, BW10100L A-DG-0203, and BW10100L A-M3-0250 except where otherwise stipulated by conditions attached to this permission;

 

Details

 

d)    Notwithstanding any indication of the materials, which may have been given in this application, prior to the construction of the development hereby approved, a schedule and/or samples of the materials and finishes for the development shall be submitted to and agreed in writing by the County Planning Authority. Thereafter the development shall be carried out in accordance with the approved details;

 

e)    No development shall take place until a schedule and or samples of all surfacing materials has been submitted and agreed in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details;

 

f)     No development shall take place until details of the external bin store have been submitted to and agreed in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details;

 

g)    No development shall take place until design details for the school's north-west elevation have been submitted to and agreed in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details;

 

h)    Notwithstanding the submitted details, details of all site boundary walls and fences shall be submitted to and agreed in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details;

 

i)     Details of any lighting to be installed at the site shall be submitted to the County Planning Authority for approval in writing prior to being erected.   These details shall include:-

 

            i.        Height of the lighting posts

          ii.        Intensity of the lights

         iii.        Spread of light (in metres)

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

          v.        Times when the lighting would be illuminated;    

 

Drainage

 

j)     The development shall be carried out in accordance with the drainage strategy outlined in section 2.9.3 of the document titled "Design & Access Statement for a New 1 FE Primary School";

 

Landscaping

 

k)    Notwithstanding the submitted details, prior to the completion of the development, a landscaping scheme, which shall include the retention of any existing trees and hedgerows and details of all walls, fences, surface treatments, new trees, shrubs and other planting, and details of the proposed planting species, sizes, spacing, densities, locations, planting methods and details of the provision of adequate growing medium and drainage shall be submitted to and approved in writing by the County Planning Authority. The scheme shall be implemented in accordance with the approved details within 6 months of the 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 in the next planting season with others of a similar size and species;

 

 

Ecology and Biodiversity

 

l)     In the unlikely event that any protected species are found on the site during the works then all works must cease immediately and the advice of a suitably qualified ecologist must be sought prior to works re-commencing;

 

m)  No removal of vegetation shall take place between 1st March and 31st August inclusive, 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 will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority;

 

n)    Within 6 months of the completion of the development, specifications for site enhancement, in line with Appendix 4 of the Preliminary Ecological Appraisal submitted with this application, should be submitted to the County Planning Authority for approval in writing. Thereafter, the specifications shall be implemented in accordance with the approved details within 3 months of approval being received. Enhancement measures will be maintained appropriately for a period of no less than 5 years after the installation of the approved measures;

 

Playing Field

 

o)    Prior to the occupation of the development hereby approved, a joint use agreement between the primary school governing body and the District Council shall be entered into following approval in writing by the County Planning Authority in consultation with Sport England. The agreement shall apply to the Junior sized football pitch and include details of pricing policy, hours of use, management responsibilities and a mechanism for review. The approved scheme shall be implemented in accordance with an agreed timetable;

 

Highways

 

p)    The development hereby permitted shall not be brought into use until the applicant has submitted to and had approved in writing by the County Planning Authority a travel plan that promotes sustainable forms of access to the site.  The approved plan shall be implemented and updated in agreement with Worcestershire County Council's Travel plan co-ordinator;

 

q)    The development hereby permitted shall not be brought into use until the access, turning area, and parking facilities shown on drawing number "BW101100L A-DG-0100 Rev. D: Ground Floor Plan" have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the County Planning Authority. These areas shall thereafter be retained and kept available for users at all times;

 

r)     The development hereby permitted shall not be brought into use until the applicant has submitted to and had approved in writing by the County Planning Authority details of 1 accessible car parking space for use by the disabled. The space shall be satisfactorily identified and reserved solely for that purpose;

 

s)    The development hereby permitted shall not be brought into use until the applicant has submitted to and had approved in writing by the County Planning Authority details demonstrating that a cycle shelter has been installed in accordance with the drawing titled "BW10100L A-DG-0106 Rev. A: External Works – Proposed Fencing and External Signage" submitted to the County Planning Authority on Friday 3 June 2016;

 

Construction

 

t)     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; and

 

u)    No development shall take place until details of measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway have been submitted to and approved in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved measures.