Proposed 1 form entry primary school with nursery and parking provision.

The application was approved in accordance with the Case Officer’s recommendation.

(Proposed 1 form entry primary school with nursery and parking provision.)

 

The Principal Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

 

He added that account had been taken of the duty respecting listed buildings under Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in considering the application and it was compliant.

 

In accordance with the criteria for public speaking, Mr J Stock of Colwall Parish Council spoke in support of the Scheme.  Reverend M Horton, a school governor, also spoke in support.

 

The Chairman read a statement by the local ward member, Councillor AW Johnson, who had been unable to attend the meeting.

 

In summary this stated that:

·         Colwall is a vibrant and significant community.  The school is popular and a vital asset in keeping young people in the general area and attracting new young families.

·         He fully supported the application as did residents, school staff, the Parish Council and parents. The site and design were the result of considerable thought by the Parish Council, Herefordshire Council and consultation with the local community.

·         Financing of the project was in place and all alternatives had been fully explored.

·         He congratulated the planning officer and his team for their work.

Councillor JG Lester, cabinet member – young people and children’s wellbeing, spoke in support of the application which he said would provide a modern purpose built school to replace the current temporary buildings in the optimum location. He complimented the work of the community, officers and school governors in producing a good scheme, noting the work done to improve the proposal in response to the initial concerns expressed by the Parish Council.  (In accordance with the Constitution he then withdrew from the meeting.)

 

In the Committee’s discussion of the application the following principal points were made:

·         Many members spoke in support of the scheme and complimented the exemplary way in which consultation had been undertaken with the local community, and the Case Officer, Mr Close, had worked to address the Parish Council’s initial concerns.

·         A Member suggested that lessons could be learned from this demonstration of the benefits of co-operative working and applied across the county.

·         The scheme blended into the AONB.

·         The site was the optimum site and met a demonstrable need.

·         The ecological enhancements and sustainable measures such as the use of photovoltaic panels were welcomed.

·         The possibility of a higher fence alongside the playground perhaps with noise absorbing qualities was raised.  A contrary view as to the desirability of this was also expressed.

·         Whilst the palette of material to be used in the development was welcomed a member questioned the use of deep purple.

In response to questions the Principal Planning Officer commented:

·         Consideration had been given to highway issues in consultation with the Parish Council.  The option of a 20mph speed limit had been discounted because the Parish Council had been concerned to avoid excessive control measures and signs giving an appearance of urbanisation.  The imposition of such limits also had only a modest effect in reducing vehicle speeds.  The options for a safe road crossing had also been considered and it had been concluded that a “puffin crossing” was the safest. 

·         The width of the public right of way (CW29) beside the Thai restaurant was narrow but a footway/pedestrian refuge and suitable guard rail or barrier would be provided where the public right of way emerged.

·         The developer would provide and maintain the village gateway.

·         There would be sufficient car parking at the village hall for parents transporting children to and from school.  There would only be a handful of occasions upon which events at the village hall would limit the availability of parking spaces.

·         The cycleway was separate from the highway and there would be no conflict between cyclists and vehicles.

·         He confirmed the external lighting would be LED and designed to have the minimum impact.

·         The height and direction of slope of the roof had been considered.  It had been designed to reduce impact on neighbouring properties. 

·         The entirety of land marked in red on the site map accompanying the agenda papers was not owned by the school but was marked to control and secure the replacement agricultural access.

RESOLVED: That full Planning Permission be granted subject to the following conditions:

 

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

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

 

2.         The development hereby permitted shall be carried out in strict accordance with the following approved plans and documents, except where otherwise stipulated by conditions attached to this permission:-

 

•           Landscape and Ecological Management Plan (June 2016);

 

•           Proposed Site Block Plan – Drawing number 5326/P/110 Rev. B;

 

•           Proposed Site Layout & Hard Landscaping – Drawing number 5326/P/120 Rev.B;

 

•           Proposed Planting Layout – Drawing number 5326/P/125 Rev.B;

 

•           Detailed Planting Area: Orchard, Top of Bank 1 & Waterfall feature – Drawing number 5326/P/126 Rev.A;

 

•           Detailed Planting Area – Top of Bank 2 – Drawing number 5326/P/127 Rev.A;

 

•           Detailed planting area – Retained East side bank – Drawing number 5326/P128 Rev. A;

 

•           Detailed planting area – Front entrance – Drawing number 5326/P/129 Rev.A;

 

•           Proposed Floor Plan – Drawing number 5326-P-200 Rev.A;

 

•           Proposed Elevations – Drawing number 5326-P-700 Rev. B;

 

•           Proposed Roof Plan – Drawing number 5326-P-900A;

 

•           North Fence Facing Car Park – Drawing number 5326/P/1300 Rev.A;

 

•           Palisade Fencing to Early Years Area – Drawing number 5326/P/1301 Rev.A;

 

•           Proposed Bin Store – Drawing number 5326/P/1302 Rev.A;

 

•           Proposed Retaining Structure – Drawing number 5326/P/1303 Rev.A;

 

•           Typical section through swale – Drawing number 5326/P/1304 Rev.A;

 

•           Pond – Long Section B-B – Drawing number 5326/P/1305 Rev.A;

 

•           Typical tree pit detail for new single stem trees – Drawing number 5326-P-1306 Rev.A;

 

•           Written Schedule of Materials – Project reference 5326-P-3200C received 14th July 2016;

 

•           Planting Schedule – Project reference 5326-P-3700 Rev.A 16/06/16;

 

•           Proposed Site Access Junction Visibility Splays – Drawing number SK13 Revision C;

 

•           Proposed Field Access and Mill Lane Gateway Feature – Drawing number SK11 Revision D;

 

•           Off Site Highways Works Mill Lane / Walwyn Road – Drawing number SK10 Revision C;

 

•           Proposed Pedestrian Improvements in Vicinity of Thai Rama – Drawing number SK09 Revision C;

 

•           Proposed Off Site Highway Works – Drawing number SK02 Revision I;

 

•           Lighting Plan (Scale 1:200) – Drawing number 165835/ES/EXT/01 Revision PL3;

 

•           Site Location Plan – Drawing number 5326-P-001;

 

•           Thorlux lighting detail received 28/6/16;

 

•           Light / luminaire detail dated 28/6/16;

 

•           Further detail re: external lighting received 15th July 2015;

 

•           Sustainability Appraisal received 28/6/16;

 

•           PV Detail received 28/6/16;

 

•           Tree Protection Plans 01, 02 and 03 received 27/6/16;

 

•           Root Protection Areas received 27/6/16;

 

•           Amended Arboricultural Statement received 27/6/16;

 

•           Transport Assessment May 2016 AND Transport Assessment addendum dated June 2016;

 

•           Amended School Travel Plan dated June 2016;

 

•           Structural Aspects of Works in Relation to Highway works near ‘Carpenters Cottage’ dated 05/05/16;

 

•           Method Statement for Protection of Trees 5326-P-3710;

 

•           E-mail dated 18th July 2016 explaining fixing of the eternit equitone fibre cement boarding/ cladding’

 

and thereafter maintained as such to the satisfaction of the Local Planning Authority;

 

Reasons:

 

a)         To ensure a satisfactory appearance to the development within the landscape which hereabouts is designated as an Area of Outstanding Natural Beauty;

b)         In the interests of ecology / bio-diversity;

c)         To safeguard the amenities of the occupiers of dwellinghouses that adjoin the site; and

d)         To retain and safeguard those trees on site that are to be retained and to safeguard those off-site trees that adjoin the site.

 

3.         Notwithstanding condition 2) above, the development hereby permitted shall not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority. The approved scheme shall be fully implemented in accordance with he approved details before the development is first brought into use.

 

            Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding risk and to minimise the risk of pollution.

 

4.         Notwithstanding condition 2) above, prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

•           A detailed surface water drainage strategy with supporting calculations that demonstrates there will be no surface water flooding up to the 1 in 30 year event, and no increased risk of flooding as a result of development between the 1 in 1 year event and up to the 1 in 100 year event and allowing for the potential effects of climate change;

 

•           Confirmation of groundwater levels to demonstrate that the invert level of any soakaways or unlined attenuation features can be located a minimum of 1m above groundwater levels;

 

•           Evidence the Applicant has sought and agreed permissions to discharge foul and surface water runoff from the site with the relevant authorities (including allowable discharge rates);

 

•           Evidence that the Applicant has discussed sewer flooding with Severn Trent Water and confirmed there will be no increased risk of sewer flooding, on site or elsewhere, as a result of development;

 

•           Demonstration of the management of surface water during extreme events that overwhelm the surface water drainage system and/or occur as a result of blockage;

 

•           Confirmation of the proposed authority responsible for the adoption and maintenance of the proposed drainage systems;

 

•           Details of the proposed outfall.

 

            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 satisfactory drainage arrangements.

 

5.         If during the course of the development unexpected contamination not previously identified is found to be present at the site then the work shall be stopped and no further development shall be carried out unless or until the developer has submitted a written method statement to be approved in writing by the local planning authority. The method statement shall include details about how the unexpected contamination shall be dealt with. Thereafter the development of the site will be carried out in accordance with the appropriate method statement.

 

            Reason: In the interests of human health.

 

6.         The development is to be completed in strict accordance with the protected species safeguarding measures and biodiversity enhancement proposals as presented in the Great Crested Newt Survey (Keystone Ecology, June 2016) as amended by e-mail and accompanying plan from Keystone Ecology dated Fri 22/07/2016 09:06, the Ecological Appraisal Rev 2 (Keystone Ecology, June 2016); and the Landscape and Ecology Management Plan (Quattro and Keystone Ecology, June 2016) and thereafter maintained as such. Furthermore any minor changes detailed in any issued EPS license shall be adhered to in full;

 

            Reason: To conserve, restore and enhance the biodiversity assets of Herefordshire in compliance with Core Strategy Policy LD2 Biodiversity and Geodiversity and to meet the requirements of the NPPF and the NERC Act;

 

7.         Prior to the first use of the School hereby permitted all of the columns supporting luminaires/ lamps together with the encasements of the luminaires/lamps and all street signage columns to be provided as part of the off-site highway works shall be painted a matt Anthracite RAL7016 colour and thereafter shall be maintained as such.

 

            Reason: To ensure a satisfactory appearance to the development within the Malvern Hills Areas of Outstanding Natural Beauty.

 

8.         Unless otherwise agreed in writing by the Local Planning Authority all of the external luminaires /lamps shall be mounted parallel to the ground with a 0 degree angle of tilt.

 

            Reason: To ensure that there is no undue light pollution harmful to the character and appearance of the Malvern Hills Area of Outstanding Natural Beauty.

 

9.         All of the external lighting shall be controlled via a timeclock such that they are normally switched off outside the hours of 7:00 hours and 18:30 hours on school days and on all non-school operational days. In addition, there shall be photocell control to prevent the operation of the lighting within the normally permissible time period where not required by ambient daylight levels.

 

            Reason:  To ensure that there is no undue light pollution harmful to the character and appearance of the Malvern Hills Area of Outstanding Natural Beauty.

 

10.       The colour temperature of all the luminaires / lamps shall not exceed 3000 degrees kelvin unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason: To ensure that there is no undue light pollution harmful to the character and appearance of the Malvern Hills Area of Outstanding Natural Beauty.

 

11.       Notwithstanding the provisions of condition 2) above, prior to their installation/provision the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

•           Written details of material and precise product to be used for any kerbing / edging;

•           Full details of all on-site signage (location, design, materials and colour);

•           Full written details as to the internal colour scheme / finishes to the School. This must be  informed by the Environmental Colour Assessment;

•           Full details as to the precise location of all off-site highway signage;

•           Full details of the precise photovoltaic panels to be installed / attached;

•           Full details of the “gateway” feature to be provided along Mill Lane;

•           Full details of the new surfacing material(s) and colour to be provided along Mill Lane;

•           Full details of the new surfacing material(s) and colour to be provided upon the raised carriageway at the Mill Lane / Walwyn Road junction;

•           Full details of the design of the guard rail / barrier to be provided at the point where the Public Right of Way CW29 emerges onto Walwyn Road; and

•           Full detail as to the precise height and gradient of the raised carriageway to be provided at the Mill Lane / Walwyn Road junction;

 

None of these aspects of the development shall be carried out prior to the written approval of the Local Planning Authority having been obtained. Thereafter the development shall be carried out in full accordance with the approved detail and thereafter maintained as such;

 

Reason:  To ensure a satisfactory appearance to the development within the Malvern Hills Area of Outstanding Natural Beauty and to ensure legibility for users of the facility.

 

12.       Prior to its installation or within one month of its installation the guard rail/barrier to be provided at the point where the Public Right of Way CW29 emerges onto Walwyn Road shall be painted a matt Anthracite RAL7016 colour and thereafter shall be maintained as such.

 

            Reason:  To ensure a satisfactory appearance to the development within the Malvern Hills Areas of Outstanding Natural Beauty;

 

13.       The access, vehicle parking and turning / manoeuvring areas shown upon the approved plans shall be fully implemented in accordance with the approved plans prior to the first use of the School, hereby permitted. Thereafter these areas shall be kept permanently kept available for the parking and manoeuvring of motor vehicles in accordance with the approved detail and be kept free from obstruction.

 

            Reason:  In the interests of highway safety.

 

14.       Prior to the first use of the School hereby permitted the refuse storage area(s) and cycle parking provision detailed upon the approved plans shall be fully implemented. Thereafter these facilities shall be kept available for use and maintained to the satisfaction of the Local Planning Authority.

 

            Reason:  To ensure satisfactory refuse storage facilities and to ensure adequate cycle parking facilities encouraging modes of transport other than the private motor vehicle;

 

15.       No plant or any other form of equipment, other than the photovoltaic panels hereby permitted, shall be installed or placed on the roof of the school without the express consent of the Local Planning Authority.

 

            Reason: To respect the architectural integrity of the building and to ensure a satisfactory appearance to the development within the Malvern Hills Area of Outstanding Natural Beauty.

 

16.       Prior to commencement of the development hereby permitted all the trees to be retained including those that adjoin/overhang the eastern boundary together with the hedgerow along Mill Lane and the hedgerow adjacent to the eastern boundary of the site shall be protected by fencing erected in accordance with BS5837:2012. Once these protective measures have been erected but prior to commencement of the development, a suitably qualified arboricultural consultant or landscape architect 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 / hedgerow protection measures must remain in-situ until completion of the development;

 

            Reason: To ensure that there is no undue damage to trees and hedgerows to be retained during the construction phase that would prejudice their health and future retention.

 

17.       All planting, seeding and turfing shown upon the approved documents referred to in condition 2) above, shall be carried out in the first planting and seeding season following completion of the development or first use of the development (whichever is the sooner). Any trees of plants which within a period of ten years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of the same 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 landscape.

 

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

 

•           A scheme for the provision and management of parking for construction workers and site operatives during the construction to minimise parking on the pubic highway

 

            Development shall not commence until the written consent of the Local Planning Authority has been obtained. The development shall be carried out in full accordance with the approved detail.

 

            Reason: To minimise disruption caused by on-street parking during the construction phase.

 

19.       Prior to the first use of the building hereby permitted the new vehicular access onto Mill Lane hereby permitted to serve the School car park shall be provided with a visibility splays of 2.4 metres x 47 metres in a north-westerly direction and 2.4 metres x 54 metres in a south-easterly direction kept free of obstruction above a height of 0.6m from ground level. The approved splays shall be maintained and permanently be kept free of obstruction above a height of 0.6 m from ground level.

 

            Reason:  In the interests of highway safety.

 

20.       Any new access gates to the school car park hereby permitted and the new agricultural access shall be set back a minimum of 5.5 metres from the carriageway of Mill Lane.

 

            Reason:  In the interests of highway safety.

 

21.       The development hereby permitted shall not be brought into use until the off-site highway works that form part of the approval have been full implemented.

 

            Reason:  In the interests of highway safety.

 

22.       CAT (H21 wheel washing)

 

23.       Prior to the first occupation of the development hereby permitted written evidence/certification demonstrating that water conservation and efficiency measures to achieve the equivalent of BREEAM 3 credit(s) (i.e. Wat 01 – Water consumption) for water consumption as a minimum have been installed / implemented shall be submitted to the Local Planning Authority for their written approval. The development shall not be first occupied until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation. Thereafter those water conservation and efficiency measures shall be maintained for the lifetime of the development.

 

            Reason: To ensure water conservation and efficiency measures are secured, in accordance with policy SD3 (6) of the Herefordshire Local Plan Core Strategy 2011-2031.

 

24.       Other than fencing, gates, walls or other means of enclosure permitted by virtue of this permission, no development normally permitted by Class A, Part 2, Schedule 2, Article 3 of the Town and Country Planning General Permitted Development (England) Order 2015 (as amended) (or any revoking and re-enacting that Order with or without modification) shall be carried out without the express consent of the Local Planning authority;

 

            Reason: - To ensure a satisfactory appearance to the development within the Malvern Hills area of Outstanding Natural beauty;

 

25.       I16 Restriction of hours during construction

 

26.       No external lighting whatsoever, other that approved under the auspices of this planning permission shall be installed upon the site (including upon the buildings) without the express consent of the Local planning authority;

 

            Reason: - to prevent light pollution and to safeguard the character of the Malvern Hills Area of Outstanding Natural Beauty;

           

 

Informatives

 

1          The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

2          Severn Trent Water advise that there may be a public sewer located within the application site and encourage he applicant / developer to investigate this. Note that public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. If there are sewers which will come into close proximity of the works, the applicant/developer is advised to contact Severn Trent Water to discuss the proposals and they would seek to assist with obtaining a solution which protects both the public sewer and the development.

 

3          Please note, when submitting a Building Regulations application, the building control officer is required to check the sewer maps supplied by Severn Trent water and advise them of any proposals located over or within 3 metres of a public sewer. In many cases under the provisions of the Building Regulations 2000 Part H4, Severn Trent can direct building control officers to refuser building regulations approval.

 

4          Any discharge of surface water to an ordinary watercourse will require Ordinary Watercourse Consent from Herefordshire Council prior to construction.

5          Japanese Knotweed, a Schedule 9 invasive plant species, is present on the periphery of the application site. The landowner/developer should seek the advice of an invasive species specialist to prescribe the most appropriate control measures. The applicant / developer are advised to prepare an Invasive Species Control Scheme in line with standard Environment Agency guidance and to implement accordingly.  The responsibility to deal with this matter rests with the landowner/developer.

 

6          The Parish Council wish the applicant/developer and Highway Authority to continue to liaise with them with respect the detailed highway design work required in relation to the requisite Section 278 Agreement.  In particular they wish consideration to be given to see if the ramps can be softened sufficiently to avoid the Hump signs and limit the extension of the urban area along Mill Lane with the 30 mph and school sign.

 

7          I11 -  HN01 Mud on highway

 

8          I09 -  HN04 Private apparatus within highway

 

9          I45 -  HN05 Works within the highway

 

10        I08 -  HN07 Section 278 Agreement

 

11        I05 -  HN10 No drainage to discharge to highway

 

12        I51 -  HN22 Works adjoining highway

 

13        I47 -  HN24 Drainage other than via highway system

 

14        I41 -  HN25 Travel Plans

 

15        I35 -  HN28 Highways Design Guide and Specification

 

16        The Travel Plan submitted as part of the approved planning application submitted separately to the Council’s Travel Plan Co-Ordinator and reviewed on a two yearly basis

 

(The meeting adjourned between 11.05 -11.15 am.)