Agenda item

DCNE2007/3842/F - THE DOWNS SCHOOL, BROCKHILL ROAD, MALVERN, HEREFORDSHIRE, WR13 6EY [AGENDA ITEM 6]

Provision of new sports hall facility incorporating classrooms, parking, landscaping and highway improvements to the junction of Brockhill Road and Church Road.  

Ward: Hope End

Minutes:

Provision of new sports hall facility incorporating classrooms, parking, landscaping and highway improvements to the junction of Brockhill Road and Church Road. 

In accordance with the criteria for public speaking, Mr Ashton spoke on behalf of the parish council.  Mr Stevens and Mr Humphreys spoke in objection to the application and Mr Beese spoke in support.

The Principal Planning Officer stated that the proposed school improvement and highway upgrade were linked and that the application, which involved the introduction of a one-way traffic flow system, would secure significant improvements in highway safety.  The Area Engineer (Development Control) reported that alternative road systems has been assessed (for example, traffic lights or a roundabout), and that the current proposal presented the optimum solution in terms of accommodating the existing road network, road safety, simplicity and cost. 

Councillor TM James questioned the proposal to allow a vehicle to use the verge as a passing place and was assured by the planning officer that the part of the road in question was on highway land, and there was no legal issue.

In response to a further question by Councillor R Mills, the Principal Planning Officer said that there was some debate over the ownership of the grassed area to the south of the map, but that the application would have no notable impact upon it.  He also said that the installation of a roundabout would be inappropriate because there was not enough space, and the Highways Department were satisfied with the plans.

Having considered all the information surrounding the application, members felt that sufficient steps would be taken to ensure the safety of road users around the development, and agreed that planning permission should be granted.

RESOLVED:   That planning permission be granted subject to the following conditions:

 

1 -     A01 (Time limit for commencement (full permission))

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2 -     No development shall commence until an arrangement, through an appropriate legal mechanism, has been made to secure the community use of the indoor sports hall and associated changing rooms hereby permitted.

 

         Reason: To ensure satisfactory quantity, quality and accessibility of compensatory provision, which secures community, use in accordance with Planning Policy Guidance Note 17.

 

3 -     Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval: -

 

  • Written details and samples of all external materials
  • Written details and samples of all surfacing materials in relation to the vehicular means of access, turning / manoeuvring areas and car parking areas

 

         The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in strict accordance with the approved details and thereafter maintained as such.

 

         Reason: To ensure a satisfactory appearance to the development within the Conservation Area and the Area of Outstanding Natural Beauty in accordance with policies DR1, LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

4 -     Prior to commencement of the development hereby permitted full written details of the proposed boundary treatments (if any) shall be submitted to the Local Planning Authority for their written approval. The approved boundary treatments shall be fully implemented prior to the first use of the building hereby permitted and thereafter maintained as such.

 

         Reason: - To ensure a satisfactory appearance to the development within the Conservation Area and the Area of Outstanding Natural Beauty in accordance with policies DR1, LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

5 -     No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping using indigenous species. The submitted scheme of landscaping must detail the location of all planting, the species, their size and the density of planting.

 

         Reason: To ensure that the development is satisfactorily integrated into the locality in accordance with policies LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

6 -     All planting, seeding and turfing in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first use of the building hereby permitted or the completion of the development  (whichever is the sooner). Any trees or plants which within a period of five years from the first use of the building or completion of the development (whichever is the sooner), die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

         Reason: To ensure that the development is satisfactorily integrated into the locality in accordance with policies LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

7 -     Prior to the first use of the building hereby permitted or completion of the development (whichever is the sooner) the highway works detailed upon drawing number 207479/34a (Scale 1:500) received 12th February 2008 and the traffic management measures shown in drawing number 207479/22a within the Transport Assessment received 6th December 2007 shall be fully implemented.

 

         Reason: - To ensure that the highway design is satisfactory to cater with the additional traffic generated by the proposed development.

 

8 -     Prior to the first use of the building hereby permitted the motor vehicle parking, turning and manoeuvring areas and secure cycle parking facilities together with the refuse storage facilities shown upon the approved documents shall be fully implemented. Thereafter these areas and facilities shall be kept available for such use.

 

         Reason: - In the interests of highway safety and to encourage the use of modes of transport other than the private motor vehicle.

 

9 -     Prior to commencement of the development hereby permitted full written details of all external lighting (if any) shall be submitted to the Local Planning Authority for their written approval. The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in strict accordance with the approved details and thereafter no other external lighting shall be installed without the prior written consent of the Local Planning Authority.

 

         Reason: To safeguard the character and appearance of the Conservation Area and the Area of Outstanding Natural Beauty in accordance with policies LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

10 -      The School Travel Plan prepared by Boreham Consulting Engineers Ltd (Ref: - R/207479SM Sep 07) as amended by the letter dated 27th February 2008 from Waterman Boreham Transport Planning shall be fully implemented.

 

         Reason: To encourage the use of modes of transport other than the private motor vehicle.

 

11 -      Prior to commencement of the development hereby permitted the Deodar Cedar upon the site frontage shall be protected by fencing of at least 1.2 metres in height comprising vertical and horizontal framework of scaffolding (well braced to withstand impacts) supporting either chestnut cleft fencing or chain link fencing in accordance with figure 2 on page 13 of BS5837: 2005. This protective fencing shall be erected in the position shown upon drawing number NPA/10256 D 001 Rev C received 12 February 2008. Once these protective measures have been erected but prior to commencement of the development a suitably qualified arboricultural consultant shall inspect the site and write to the Local Planning Authority to confirm that the protective measures are in-situ. Upon confirmation of receipt of that letter by the Local Planning Authority the development may commence but the tree protection measures must remain in-situ until completion of the development.

 

         Reason: To safeguard the Deodar Cedar upon the site frontage that makes a significant visual contribution to the Conservation Area in accordance with policies LA5 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

12 -   Prior to commencement of the development hereby permitted a Sports Development Plan/Programme (including timescales for its implementation) shall be submitted to the Local Planning Authority for their written approval.  The development shall not commence until the Local Planning Authority has given such written approval.  The Sports Development Plan/Programme shall be fully implemented in accordance with the approved details.

 

         Reason: To secure sufficient benefits to the development of sport and to accord with Planning Policy Guidance Note 17.

 

           Informative(s):

 

1 -     With regard the provisions of condition 2 above, the applicant is informed that, in the opinion of the Local Planning Authority, the most appropriate legal mechanism would be the subject of a Community Use Legal Agreement as detailed at: -

 

           http://www.sportengland.org/kitbag_cua.doc

 

2 -     The highway works required by way of condition 7 will; require the completion of a Section 278 Agreement under the Highways Act that shall assess the detailed design of these works.  There is a design check fee associated with the Agreement.

 

3 -     N15 - Reason(s) for the Grant of PP/LBC/CAC

 

4 -     N19 - Avoidance of doubt

For the avoidance of any doubt the plans for the development hereby approved are as follows:-

 

·Topographical Survey - Drawing number SSL: 11485-3:200:1:1 (Scale 1:200) received 21st September 2007;

·External Realm Design - Drawing number NPA/10256 D 002 (Scale 1:200) received 12th February 2008;

·Existing Site and Location Plan - Drawing number A-5-001 (Scales 1:1250 & 1:200) received 6th December 2007;

·Ground Floor Plan - Drawing number A-5-020 (Scale 1:100) received 6th December 2007;

·First Floor Plan - Drawing number A-05-021 (Scale 1:100) received 6th December 2007;

·Roof Plan - Drawing number A-05-022 (Scale 1:100) received 6th December 2007;

·Sections - Drawing number A-05-40 (Scale 1:100) received 6th December 2007;

·Clerestory Window Plan - Drawing number A-05-023 (Scale 1:100) received 14th December 2007;

·Elevations Sheet 1 - Drawing number A-05-30 (Scale 1:100) received 6th December 2007;

·Elevations Sheet 2 - Drawing number A-05-31 (Scale 1:100) received 6th December 2007;

·Context Elevations Sheet 1 - Drawing number A-5-35 (Scale 1:150) received 6th December 2007;

·Context Elevations and Section Sheet 2 - Drawing number A-05-36 (Scale 1:150) received 6th December 2007;

·Tree Removal & Protection Plan - Drawing number NPA/10256 D 001 Rev C received 12th February 2008;

·Amended Junction Layout - Drawing number 207479/34a (Scale 1:500) received 12th February 2008;

·One Way Option: AutoTrack of a Refuse Vehicle Accessing Brockhill Road - Drawing number 207479/34b (Scale 1:500) received 12th February 21008;

·One Way Option: AutoTrack of a Coach Accessing Brockhill Road - Drawing number 207479/34c (Scale 1: 500) received 12th February 2008;

·Proposed Cycle Shelter - Drawing number NPA/10256D 003 received 12th February 2008;

·School Travel Plan prepared by Boreham Consulting Engineers Ltd (Ref: - R/207479SM Sep 07) as amended by the letter dated 27th February 2008 Waterman Boreham Transport Planning.

·Transport Assessment prepared by Boreham Consulting Engineers Ltd received 6th December 2007.

 

5. -    Advice with regard to Sports Development Plans/Programmes is available on the Sport England website.

Supporting documents: