Planning Applications Team Leader …..……M R Hankin……….…….Date 18/10/17…

DELEGATED REPORT FOR THE APPROVAL OF COUNTY COUNCIL PLANNING APPLICATIONS

Authorised by:

Team Manager, Development Management/Group Manager ..……………Jonathan Smith..…………Date 19/10/2017 Planning

Proposal: Demolition and replacement of a single storey two classroom mobile and associated external works Location: Lake View Primary School, Rainworth Water Road, Rainworth Applicant: NCC Children, Families and Cultural Services Application No.: 3/17/01415/CMA

1. Site description – see site plan/photographs

Lake View Primary School lies to the north-west of Joseph Whittaker School and to the south-west of residential development on Rainworth Water Road, Rainworth. Rainworth Lakes SSSI, noted for the best examples of base-poor marsh and open water plant communities, lies to the west. The site lies within the Nottinghamshire Green Belt.

The 210 place school is accessed from Rainworth Water Road. 150 places are provided in five classrooms. A further 60 places are provided in a two-classroom mobile building which has been granted a succession of time-limited renewals after first being erected in 2000. The building has a footprint 18m x 7.85m and has a ramped access. An area of outdoor hard play lies immediately to the north- west of the building and is marked for netball court and two basketball courts.

The building is located close to the site boundary and the nearest residential properties are 35 and 37 Rainworth Water Road. Mature planting is established along the site boundary. A silver birch in the garden of the caretaker’s bungalow overhangs the eastern corner of the mobile classroom.

A semi-mature alder is established in a planting bed to the west of the mobile classroom outside the original CLASP school building.

4366-6m Core teaching hours at the school are 08:45 – 15:30 hours. No details of the number of staff currently employed have been submitted in support of the application.

2. Description of proposals

Planning permission is sought to erect a replacement two-classroom building generally on the site of the existing mobile building. The building would have a footprint 19.5m x 8.9m and would have a grey coloured single-ply membrane mono-pitch roof rising from 3.4m to 4.1m in height. Walls would be finished in a burnt-red colour (although beige RAL 7044 is also referenced in the application) above a red-brick plinth. The fascia, guttering and rainwater goods would be coloured light grey (RAL 7042). uPVC door and window frames are proposed. Photovoltaic (PV) units would be installed on the roof.

The building would be sited marginally further to the north-west than at present. An access path would be provided to the rear of the building. The area in front of the north-west facing elevation would be graded to provide level access to the building without the need for a ramp and handrail. A netball court could be marked on the remaining outdoor hard play court.

The proposed development would not increase the capacity of the school and no changes to staff numbers or car parking spaces are proposed.

In order to build the development the outdoor hard play area would be used as a construction compound. Access to the area from a turning area adjacent to the caretaker’s bungalow is narrow and would need to address a change in site levels.

The semi-mature alder would be crown lifted to facilitate access. The silver birch to the north-east of the proposed classroom would be retained.

3. Consultations

Newark and Sherwood District Council – No objection subject to NCC being satisfied that the proposal complies with relevant development plan policies and no impact on the openness of the Green Belt, or adverse impact on neighbours by way of undue noise, nuisance or increased traffic generation.

NCC Highways Development Control – No objection. The proposal is a replacement classroom with no increase in pupil numbers.

Sport England – No objection. The proposed development meets Sport England Playing Field Policy Exception E3 in that the development affects only land incapable of forming, or forming part of, a playing pitch.

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NCC Nature Conservation – No objection. Pre-application advice has been provided to the applicant which has been submitted as part of the application.

NCC Landscape – No objection. The landscape impact of the proposal would be ‘substantial beneficial’. The silver birch will mitigate the visual impact of the proposed building and will need to be protected during construction.

NCC Project Engineer (Noise) – No objection subject to a condition to control construction noise. There is potential for noise and disturbance from construction plant activities and delivery vehicles.

The proposal will replace an existing temporary classroom building. With no increase in the number of children attending activity noise levels should be unchanged.

NCC Land Reclamation - No objection subject to a condition for a watching brief for unexpected contamination. The watching brief condition should address the “potential of discard materials within infilled ground adjacent to the development site”.

A number of soakaway (falling head) tests have proved inconclusive. A tank/sump appears to receive drainage and should be investigated as a potential soakaway option.

Western Power Distribution – No objection. Apparatus has been identified on the site.

Cadent (Gas) - No objection. Apparatus has been identified on the site.

Rainworth Parish Council, Police Force Architectural Liaison Officer, NCC Flood Risk and Severn Trent Water Limited - No response received.

4. Publicity and representations

The application has been advertised by site notice and neighbour notification in accordance with the County Council’s Adopted Statement of Community Involvement Review.

Councillor Yvonne Woodhead has been notified of the application.

No representations have been received.

5. Observations

The Lake View Primary School campus and Joseph Whitaker School to the east lie within the Nottingham-Derby Green Belt. Policy 4B of the Newark and Sherwood Core Strategy details that appropriate development in the Green Belt should be judged according to National Green Belt policy. National Planning Policy Framework (NPPF) Paragraph 89 states that new buildings in Green Belt should be regarded as inappropriate development with specific exceptions, including ‘the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces.’ The development is not considered to be inappropriate development and the application has not been advertised as a ‘Departure’.

The proposed building would be of a similar scale and character to the building it would replace. The building would be well positioned in relation to existing

4366-6m buildings on the site and residential development to the north and would not be located on more open areas of the school to the west (which could have an unacceptable impact on the openness of the Green Belt).

In considering development in the Green Belt NPPF Paragraph 88 states that ‘when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations’. The school is long-established in the Green Belt. The demand for school places has been demonstrated through a requirement for temporary accommodation which has been renewed on successive occasions and the provision of permanent accommodation in a building which is not materially larger than that which it would replace is considered to outweigh potential harm to the Green Belt.

The scale, siting and design of the two-classroom building is considered to be acceptable and in compliance with Newark & Sherwood LDF Allocations and Development Management DPD Policy DM5 Design – 3 Amenity (which seeks to safeguard against reduction of amenity through the distance between developments, overbearing impacts, loss of light and privacy). A full schedule of facing materials has not been submitted but having regard to the siting of the building it is considered that no additional details are required to be submitted.

No change is proposed in terms of pupil numbers, or the location of outdoor play areas and the outdoor noise environment will not change. However, construction has the potential to cause noise disturbance and it is recommended that the times of construction are controlled and that deliveries to site are restricted so as not to conflict with the school start and finish times (Condition 8). A watching brief for unexpected contamination which may be encountered is the subject of recommended Condition 4.

Although a soakaway is proposed and is the most sustainable form of surface water drainage, the Geo-Environmental Desk Top Study supporting the application recommends that soakaway testing is carried out to inform the drainage options appraisal. Design details have not been provided and it has not been evidenced that a soakaway will work in this location. A drainage condition is recommended to require the submission of design details for the disposal of surface water (Condition 7).

The proposed surface water drainage run is shown to pass beneath the canopy of the silver birch tree to the immediate north-east of the proposed building. Care will need to be taken to safeguard the health of tree and the submission of a methodology for works beneath the canopy of the tree are the subject of recommended Condition 6.

Construction access to the hard play area is restricted. The passage of vehicles beneath the crown-raised alder may impact on the tree root system and details of how impacts on the tree will be safeguarded during construction will need to be submitted (Condition 5).

6. Other Options Considered

The report relates to the determination of a planning application. The County Council is under a duty to consider the planning application as submitted. Accordingly no other options have been considered.

7. Statutory and Policy Implications

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This report has been compiled after consideration of implications in respect of crime and disorder, data protection and information governance, finance, human resources, human rights, the NHS Constitution (public health services), the public sector equality duty, the safeguarding of children and adults at risk, service users, smarter working, and sustainability and the environment, and where such implications are material they are described below. Appropriate consultation has been undertaken and advice sought on these issues as required.

Crime and Disorder Implications

The development would be located within an established school campus. No changes to site perimeter fencing are proposed.

Human Rights Implications

Relevant issues arising out of consideration of the Human Rights Act have been assessed. Rights under Article 8 (Right to Respect for Private and Family Life), Article 1 of the First Protocol (Protection of Property) and Article 6 (Right to a Fair Trial) are those to be considered. In this case, however, there are no impacts of any substance on individuals and therefore no interference with rights safeguarded under these articles.

Implications for Sustainability and the Environment

Sustainable features would be incorporated in the design including sustainable surface water drainage and the use of photovoltaics.

There are no implications for Data Protection and Information Governance, Financial, Human Resources, Public Sector Equality Duty, Safeguarding of Children and Adults at Risk implications, or implications for Service Users.

8. Planning Applications Team Leader and Team Manager, Development Management/Group Manager, Planning observations

9. Statement of Positive and Proactive Engagement

In determining this application the County Planning Authority has worked positively and proactively with the applicant by entering into pre-application discussion; assessing the proposals against relevant Development Plan policies; all material considerations; consultation responses and any valid representations that may have been received. Issues of concern have been raised with the applicant and addressed through negotiation and acceptable amendments to the proposals. This approach has been in accordance with the requirement set out in the National Planning Policy Framework.

10. Recommendation

4366-6m Planning permission is granted for the purposes of Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the following conditions under delegated powers:

1. The development hereby permitted shall be begun within 3 years from the date of this permission.

Reason To comply with the requirements of Section 91 (as amended) of the Town and Country Planning Act 1990.

2. The County Planning Authority (CPA) shall be notified in writing of the date of commencement at least 7 days, but not more than 14 days, prior to the commencement of the development hereby permitted.

Reason To assist with the monitoring of the conditions attached to the planning permission and for the avoidance of doubt.

3. Unless otherwise required pursuant to conditions of this permission, the development hereby permitted shall be carried out in accordance with the submitted application, including documents and recommendations of reports, and the following plans:

(a) Location Plan (Drawing A100 Rev A) received by the CPA on 25 July 2017;

(b) Proposed Site Plan – including roof plan (Drawing A102 Rev E) received by the CPA on 11 October 2017;

(d) Proposed Elevations (Drawing A104 Rev A) received by the CPA on 25 July 2017.

Reason For the avoidance of doubt as to the development that is permitted.

4. Prior to the commencement of development, a watching brief to deal with contamination which may be encountered shall be submitted to and approved in writing by the CPA. If during development, contamination not previously identified is found to be present, no further development shall be carried out, unless first agreed in writing by the CPA, until a remediation strategy to deal with unsuspected contamination (including validation that contamination has been satisfactorily remediated) has been submitted to and approved in writing by the CPA. Development shall be carried out in accordance with the approved details and the recommendations of Section 8.3 of the Via East Midlands Ltd Lake View Primary School Phase 1 – Geo-Environmental Desk Top Study – Report Reference CN1701015 supporting the application.

Reason Details are required to be submitted prior to the commencement of development to identify risks and provide an appropriate methodology that will ensure that the site is remediated to an appropriate standard.

5. Prior to the commencement of development:

a) Details of proposed tree surgery to crown-lift the alder (required for construction access) to BS3998:1989; and

4366-6m b) The methodology to be employed to safeguard the health of the alder throughout the period construction

shall be submitted to and approved in writing by the CPA. Construction shall take place in accordance with the approved details.

Reason Fencing will need to be erected prior to the commencement of main site works to ensure that trees are safeguarded from damage throughout the period of construction.

6. Notwithstanding details shown on submitted Drawing A106, no intrusive work shall be carried out within the root protection area of the silver birch immediately to the north-east of the two-classroom building other than in accordance with a no-dig methodology which shall first be submitted to and approved in writing by the CPA.

Reason: To safeguard the health of the tree against potential adverse impacts of development.

7. Notwithstanding details shown on submitted Drawing A106, prior to the commencement of main site works design details of the proposed soakaway shall be submitted to and approved in writing by the CPA. In the event that the site is not suitable for soakaways, prior to the commencement of main site works a scheme of surface water drainage works shall be submitted to and approved by the CPA in writing. The approved surface water drainage works shall be completed prior to the development first being brought in to use, in accordance with the approved details.

Reason To prevent the increased risk of flooding and minimise pollution by ensuring the provision of a satisfactory means of surface water disposal.

8. Unless in the event of an emergency the details of which shall be notified in writing to the CPA within 48 hours of an occurrence, or a single calendar day for which 7 days written advance notice shall be given to the CPA:

a) No construction work shall be carried out or plant operated except between 07:30–18:00 hours Mondays to Fridays and 08:00–13:00 hours on Saturdays;

b) Construction work shall not be carried out at any time on Sundays, Public or Bank Holidays;

c) No construction related vehicle movements to or from the site shall take place on any day other than between 07:30–18:00 hours Mondays to Fridays and 07:30– 13:00 hours on Saturdays;

d) Furthermore, construction related vehicle movements to or from the site shall only take place on any school day between 07:30-08:15 hours, 09:00-14:45 hours, and 15:45-18:00 hours;

e) The contractor shall employ measures to minimise noise impacts in accordance with guidance in BS5228-1:2009 Code of practice for noise and vibration control on construction and open sites.

Reason To safeguard the amenity of nearby residents, and to minimise risk of pedestrian conflict with HGV/construction traffic when Lake View Primary School is in use.

4366-6m 11. Informatives/notes to applicants

1. The consent of Severn Trent Water will be required for either a direct or indirect connection to the public sewerage system under the provisions of Section 106 of the Water Industries Act 1991. Current guidance notes and an application form can be found at www.stwater.co.uk or by contacting Severn Trent Water New Connections Team (0800 707 6600).

2. Cadent (Gas) has identified apparatus within the site. A copy of the consultation response from Cadent reference EM_TE_Z2_3NWP_007200 dated 4 August 2017 is enclosed.

Report prepared by: David Marsh

Date: 18 October 2017

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