AGENDA ITEM
COMMITTEE: DEVELOPMENT CONTROL 9 DATE: 28th MAY 2020
SUBJECT: DEMOLITION OF EXISTING BUILDINGS WITHIN THE APPLICATION BOUNDARY AND ERECTION OF COLLEGE ACCOMMODATION (USE CLASS D1) AND ASSOCIATED ACCESS, CAR PARKING AND LANDSCAPING INCLUDING MARKING OUT OF SPORTS AREA, IMPROVEMENTS TO EXISTING GRASSED AREA PARALLEL TO NEW BEDFORD ROAD AND MAKING GOOD THE NEWLY EXPOSED GABLE OF THE EXISTING COLLEGE FOLLOWING DEMOLITION OF ADJOINING STRUCTURE. (APPLICANT: WEST HERTS COLLEGE) (APPLICATION NO: 20/00111/FUL)
LOCATION: BARNFIELD COLLEGE, NEW BEDFORD ROAD, LUTON
REPORT BY: HEAD OF DEVELOPMENT MANAGEMENT
CONTACT OFFICER: CLIVE INWARDS 01582 546287
IMPLICATIONS:
LEGAL COMMUNITY SAFETY
EQUALITIES ENVIRONMENT
FINANCIAL CONSULTATIONS
STAFFING OTHER
WARDS AFFECTED: BARNFIELD
PURPOSE
1. To advise Members of a current application for planning permission and to seek their decision.
RECOMMENDATION(S)
It is recommended that:
2. The reasons for approval set out in this report are agreed;
3. That planning permission is granted, subject to the conditions as set out within ‘Appendix A’;
4. That planning permission is granted, subject to the satisfactory completion of a Section 106 Agreement to secure delivery of local labour during construction and a monitoring fee of £5,000.
5. That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions, including adding and deleting conditions, following any Committee resolution to grant permission (should any be required);
6. That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development both seeking minor material amendments to the development (Section 73 applications) or minor variations to the accompanying legal agreement (Section 106A applications):
Conditions (‘Appendix A’)
i. Time Limit for Commencement; ii. Approved Plans and Documents; iii. Construction Method Statement; iv. External Materials; v. Landscaping; vi. Tree Protection; vii. Landscape Management; viii. Surface Water Drainage Scheme; ix. Infiltration in Contaminated Ground; x. Surface and Foul Water Systems; xi. Travel Plan; xii. Off-site Highway Works;
xiii. Electric Vehicle Charging Points; xiv. Remediation Strategy; xv. Validation Report; xvi. Contamination; xvii. Air Extraction; xviii. External Lighting; xix. Noise Mitigation; xx. Noise Limits; xxi. Construction of Sports Pitch; xxii. Use of Sports Pitch; xxiii. Community Use Agreement; xxiv. BREEAM ‘Good’ Rating; xxv. Interceptors; xxvi. Notification to Affinity Water; xxvii. CFA Piling; xxviii. Boundary Treatment; xxix. Ecological Mitigation; and xxx. Removal of PD Rights for Telecommunications Equipment
REPORT
The Site and Surroundings
7. The overall Barnfield College site comprises a roughly rectangular shaped area of land which is situated in the Barnfield area of the town, approximately 3km to the north of the town centre. The college site is bounded to the north by Barnfield Avenue, to the east by Old Bedford Road, to the south by residential properties in Kingsdown Avenue and to the west by New Bedford Road. Existing vehicular access is taken off of Barnfield Avenue. The application site itself comprises an ‘L’ shaped area of land which comprises some of the existing college buildings, the existing car park, part of the College’s playing fields and a strip of land at the western side of the site adjacent to New Bedford Road. The application site comprises an area of approximately 6.22 hectares.
8. There are a number of existing college buildings on the site, including the Caretaker’s House at the front of the site, and a significant amount of car parking on the northern part of the site. The existing playing fields extend to the east of the existing buildings up to Old Bedford Road.
Fig. 1: Site Location Plan
Relevant Planning History
9. A number of planning applications have been submitted on the College site relating to minor works, works to the car park, temporary classrooms and advertisement consent applications. However, the most significant applications are set out below.
10. 08/00172/OUT ‘Demolition of existing college and erection of new further education college with associated sports facilities, parking and access.’ Planning permission granted July 2008. This proposal incorporated new college buildings to the east of the existing built form, with five playing pitches laid out on a reduced area of playing field to the east and an extensive area of new landscaping with a stepped design, which included daylighting the River Lea, to the west of the new college buildings. The proposal was considered to be acceptable to Sport England and was considered to accord with the Luton Local Plan 2001-2011 in policy terms. It is understood that the planning permission was not implemented due to the financial crisis at the time and the permission therefore lapsed.
11. 12/00751/OUT ‘Proposed phased redevelopment to provide replacement college facility, new primary school, a new 88-bed care home facility, and up to 39 residential units together with associated parking and landscaping works’. Planning application withdrawn September 2012. This proposal incorporated residential development along the boundary of the site with Old Bedford Road and Barnfield Avenue, including a car home and primary school on the northern boundary. The proposal would have delivered seven new playing pitches in total, along with two artificial cricket wickets and changing facilities, on a reduced area of playing field. The reduced area of playing field was understood to have been acceptable to Sport England on the basis that the development would have brought significant benefits to sport.
12. However, the application was not supported by planning officers on the basis of housing density, loss of open space, over-provision of parking and lack of demonstrated need for the care home and primary school amongst other matters.
13. Pre-application advice was provided prior to the submission of the current planning applications.
The Proposal
14. The proposed development comprises the demolition of existing buildings within the application boundary and the erection of new college accommodation (use class D1) and associated access, car parking and landscaping including marking out of a sports area, improvements to the existing grassed area parallel to New Bedford Road and making good the newly exposed gable of the existing college building following the demolition of the adjoining structure.
15. This full planning application seeks approval for two phases of works, referred to as Phase 1a and Phase 1c.
16. The development of the Phase 1a college building will necessitate the demolition of 907m2 of existing buildings prior to the erection of 4,400m2 of new college accommodation. Phase 1c would extend the building to the east by a further 6m, providing an additional 800m2 of teaching accommodation. The visual appearance of the eastern elevation would remain the same for both options 1a and 1c. The north and south elevations would remain consistent apart from the addition of another bay of classrooms to each side and a uniform architectural approach would be used across both phases. As part of this full planning application, the existing health and beauty building is also to be demolished as part of the creation of the linear park.
Fig. 2: Proposed Site Plan
17. The redevelopment of the college facility will only be able to proceed with the provision of capital receipts for the applicant from the release of land for residential development (subject to the separate outline planning application 20/00108/OUT, which does not form part of the consideration of this application) as well as with external funding from the Local Enterprise Partnership. The applicant has stated that this two stage phasing strategy presents a more resilient approach reflecting potential funding timelines, whilst providing more certainty to the first stages of the transformation of the Barnfield College campus. All calculations, modelling and consultation have been based upon the larger footprint of 1a and 1c, including assessment of transport issues.
18. It is envisaged that Phase 1a and 1c would be followed by two further stages of redevelopment. The overall masterplan for the college site includes provision for a Phase 2 and potentially Phase 3 (located to the south of
Phase 1a and 1c, following the demolition of the remaining existing accommodation). These would be subject to future planning applications and do not form part of this application. Phase 2 would provide teaching accommodation for construction and engineering students.
Fig. 3: Proposed Phasing Plan (1a and 1c)
19. The site area for Phase 1 extends to 6.22ha which includes 2.6ha of the former playing field and 0.96ha of existing open space (the Linear Park), which would increase to 1.6ha following improvements and the removal of hardstanding.
20. The proposed Phase 1 building would be 5,200m2 (gross internal floor area) across a three to four storey building, which would extend to some 17.2m in height.
21. A total of 179 parking spaces would be provided on site, which would comprise a net reduction of 188 spaces, from the 367 car parking spaces currently available. This is intended to meet the requirements of the existing
and future students and staff without encouraging access by the car due to an excess of parking provision. A total of 74 covered cycle parking spaces are currently provided on site and these would be retained as part of the redevelopment. The main vehicular access to the site would be from Barnfield Avenue, although further to the east than the existing access point. Existing accesses currently used would cease to be needed and the pavements would be made good in these locations. The proposed car park would serve staff and students and would provide for one-way circulation in a clockwise direction, to improve flow. It would also provide for a lay-by drop-off.
22. A new football pitch would be marked out on an area of former playing field to the east of the access road, with the intention that this pitch would be available for community bookings outside of College hours. No floodlighting or changing rooms are proposed. Additionally, the existing landscaped area along the western boundary of the College is to be transformed into a linear park and would be opened to the public, providing a new footpath through the site to enhance accessibility. The access through to Kingsdown Avenue would also be reintroduced for cyclists and pedestrians only.
Planning Policy
National Planning Policy Framework (NPPF, or the Framework)
23. The revised National Planning Policy Framework (NPPF, or the Framework) was published in June 2019 and replaces the previous NPPF (2012). It provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework must be taken into account in preparing the development plan and is a material consideration in planning decisions.
24. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision- makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Management Committee.
National Planning Practice Guidance (NPPG)
25. The guidance was published in March 2014 and has been maintained in support of NPPF policy.
Luton Local Plan 2011-2031
26. The Local Plan was adopted on 7 November 2017.
27. The application site is not allocated for any specific land use in the Luton Local Plan 2011-2031, although the Upper Lea Valley Area of Local Landscape Value (ALLV) is immediately adjacent to the western boundary of the site. Accordingly, Policy LLP24 (Education and Other Community Facilities) of the Local Plan would apply. Part B sets out that new and extended education, childcare, nursery and other community facilities will be granted planning permission subject to the criteria as detailed.
28. Other applicable policies relevant to the proposal are LLP1, LLP2, LLP25, LLP27, LLP28, LLP29, LLP30, LLP31, LLP32, LLP36, LLP37 and LLP38.
29. Policy LLP1 sets out a sustainable development strategy for the Borough and Policy LLP2 sets out the spatial development strategy.
30. Policy LLP25 requires buildings and spaces to be of high quality design, with distinctive character. In particular, development should make provision to enhance the character of the area by responding positively to the townscape, street scene, site and building context, form, scale, height, pattern and materials, distinctiveness and natural features including biodiversity.
31. Policy LLP27 relates to open space and natural green space. It states that development proposals that result in the loss of open space, parks, allotments, important green space and green infrastructure will only be permitted where the most up-to-date evidence demonstrates that the open space is not in an area of identified deficit in the locality and is surplus to requirements. It continues that losses of open space will be permitted, exceptionally, where replacement open space provision can be made or the proposal is for alternative or ancillary sports and recreational provision, the need for which clearly outweighs the loss.
32. Policy LLP28 relates to Biodiversity and Nature Conservation and seeks to protect the designated County Wildlife Sites.
33. Policy LLP29 relates to Landscape and Geological Conservation and states that development proposals will be supported where they protect, conserve,
or enhance the character, setting and natural beauty of national and local landscape areas.
34. Policy LLP30 relates to the Historic Environment and seeks to protect features of particular importance.
35. Policy LLP31 sets out the sustainable transport strategy and stipulates that development will be permitted where it minimises the need to travel, reduces congestion and provides sustainable transport choices.
36. Policy LLP32 aims to secure sufficient parking for a development.
37. Policy LLP36 relates to flood risk and requires the risk and impact of flooding to be minimised.
38. Policy LLP37 relates to climate change, carbon and waste reduction and sustainable energy. This policy states that the Council will support development proposals that contribute towards mitigation and adaptation to climate chance through energy use reduction, efficiency, renewable and decentralised energy.
39. Policy LLP38 seeks to ensure that development does not have an adverse impact by reason of pollution or contamination on neighbouring development, adjoining land or the wider environment.
Equality Implications
40. No disproportionate effect on people with protected characteristics has been identified.
Consultation Responses
41. Bedfordshire Fire & Rescue: No comments received. Any comments will be reported at the meeting.
42. LBC Highways: The submitted Transport Assessment (TA) demonstrates that there are already significant problems with the major traffic routes adjacent to the site, particularly the A6 roundabout. The impact of the proposed A6 to M1 link road currently subject to judicial review is unknown but is likely to exacerbate the problems. The proposed development will add to the overall traffic levels to a minor degree but not to the extent that the impact would warrant a refusal of permission or require improvement works. The Highway Authority accepts that the increase in traffic associated with the proposed developments could be viewed to fall within the daily network variation and therefore raises no objection to the application.
There is, however, some doubt as to whether the proposed parking provision for the college would be able to cater for demand leading to the potential for displaced parking in the surrounding residential area. Nevertheless, given that the later stages of the redevelopment could include further parking provision and that a full Travel Plan is required, the Highway Authority raises no significant objection to the proposal on parking grounds. Conditions to be attached relating to the provision of a detailed Travel Plan, s278 highway works for the alterations to the site access and a construction method statement.
43. LBC Environmental Protection: There is no objection to the development of the site as proposed, subject to the recommendations as set out to address various environmental aspects of the development. The applicant has submitted a number of environmental reports covering land contamination, artificial light, noise and air quality impacts which have been reviewed and the findings taken into account. Conditions required relating to land contamination, extraction systems, external lighting and noise mitigation.
44. LBC Environmental Protection (Air Quality): Provided that the dust controls detailed in the IAQM guidance are implemented as recommended in the submitted Air Quality Assessment, there are no particular concerns regarding construction phase impacts. In relation to the operational phase, a condition is required relating to the provision of electric vehicle charging points.
45. Affinity Water: You should be aware that the proposed development site is located within an Environment Agency defined groundwater Source Protection Zone 2 corresponding to Crescent Road Pumping Station. This is a public water supply, comprising a number of chalk abstraction boreholes operated by Affinity Water Ltd. If you are minded to approve the application, conditions are required relating to groundwater pollution risk, ground investigation, turbidity in the chalk aquifer, contaminated land, infiltration, drainage, bunding and substance storage.
46. Thames Water: With regard to surface water drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water there would be no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Thames Water would also advise that with regard to foul water sewerage network infrastructure capacity, there would be no objection to this application based on the information provided.
47. LBC Strategic Planning: Policy LLP29 supports development that protects, conserves or enhances the character and setting of the area of landscape value. Development of this scale has the potential to have significant effects on this heritage asset. It therefore appears reasonable for a heritage statement to be produced, in accordance with part D of Policy LLP30. It is understood that Chapter 7 of the planning statement seeks to address this requirement. The reports identify the Barnfield College site as a feature that severs the visual integrity of the landscape. Another negative aspect is that the tributary rising at Cowslip Meadow currently disappears (culverted underground) under New Bedford Road. Whilst a linear park is proposed along the western edge of the site, this development offers a significant opportunity to release the Riddy Brook from its culvert and set its course along a new, publicly accessible route along the western edge of the site. In relation to the linear park, the use of public art is recommended, especially at key points where significant roads cross, to help improve the immediate environment and raise awareness. It is noted that the linear park landscape plans propose this type of art.
48. Sport England: Sport England raises no objection to this application which is considered to meet exception E5 of our adopted Playing Fields Policy, subject to conditions relating to approval of specification for the playing field and a community use agreement. Also subject to securing financial contributions for off-site provision towards a 3G pitch *NB which would be provided through a legal agreement attached to the residential application (20/00108/OUT).
49. LBC Parks: No comments received. Any comments will be reported at the Meeting.
50. LBC Ecology: Initial general support for the principle of the linear park, however disappointed that the new layout does not take de-culverting of the Riddy Brook into account and does not include any wetland or open water features.
51. Luton Culture (Libraries): No comments received. Any comments will be reported at the Meeting.
52. Luton Culture (Museums): No comments received. Any comments will be reported at the Meeting.
53. LBC Housing: As this application is for D1 college accommodation use, with no residential development in this phase, we have no comments to make in regard to housing and affordable housing.
54. Bedfordshire Police: The revised plans are much better and the initial concerns have been suitably addressed.
55. Archaeology: The proposed development site lies in proximity to an area that produced evidence of late Iron Age and Roman occupation and burials (HER 1946) and under the terms of the National Planning Policy Framework this is a heritage asset with archaeological interest. However, the majority of the proposed development is planned for areas that have already been developed and the archaeological potential of the College site is currently considered to be low. Consequently, there would be no archaeological constraint on this development should it receive consent.
56. Environment Agency: No objection to the proposals but provide advice in relation to the linear park and the Water Framework Directive (WFD), the River Basin Management Plan, protected species, surface water and water efficiency. Informatives are also requested to be attached to any grant of planning permission.
57. Lead Local Flood Authority: The applicant must provide the findings of the Site Investigation and BRE 365 Soakaway Test to confirm feasibility for infiltration and consult with Thames Water for confirmation of capacity and permission to connect to the existing drainage network. Conditions to be attached.
58. Statutory Neighbour Consultation: The application was notified to 140 neighbouring properties, four site notices were posted and a press notice was published on the 20th February 2020. To date, five representations have been received from residents in Old Bedford Road, Kidner Close, Sherborne Avenue and Barnfield Avenue which are summarised below. Issues Raised Officer Consideration The college fields were an amenity for The fact that the playing Lutonians for many years until the fields were closed off to college locked the gates and were public access is not material widely used by walkers, joggers and to the consideration of the playing children. The proposals include current application. plans for community use but in fact will A sports pitch could also be be used almost only by boys and young used for all members of the men. Is it council policy to discriminate community including women against women and older people? and older people (walking football for example). The fields are an eyesore with rubbish; Not a material planning consideration. Until the College unlocks the gates and Not a material planning returns the fields to Lutonians, no plan consideration. The plans do for building should be considered; also reintroduce community
use to the proposed sports pitch. The area already suffers from a lack of This proposal does not open space for local residents and involve building on any open building on this area would significantly green space. It would utilise impact the wellbeing of residents – the previously developed land. presence of the fields play an important role relieving visual impact for the urban sprawl of Luton; The area and roads are already Considered within the body congested especially at school times; of the Report. The buildings do indeed need to be Considered within the body rebuilt/renovated, however, the design of the Report. of the new college is a concern as from the plans it appears that the main pedestrian entrance would be at the north-west corner of the building. This is extremely close to the roundabout and drivers dropping off / picking up students will stop on the roundabout causing a serious danger to pedestrians and traffic; It is a great shame that the College has Not a material planning not been a considerate neighbour and consideration. in locking gates and preventing access to the fields it has not allowed recreational walking in an open, safe environment; Bringing forward the college buildings Considered within the body towards Barnfield Avenue would result of the Report. in overlooking and would be an intrusion of privacy; The proposal would result in an Considered within the body increase in air pollution; of the Report. The proposal actively seeks to reduce the amount of car parking on the site to encourage more sustainable modes of transport to the site. The public consultation event was A suitable pre-application inadequate; consultation exercise for a scheme of this size was considered to be held. A lack of viability information has been A viability appraisal has been provided; submitted during the application process but this
relates more appropriately to the residential application 20/00108/OUT. The proposed increased level of Considered within the body lighting would result in light pollution of the Report and external and impact on the quality of sleep; lighting to be conditioned. The proposal would result in an Considered within the body increase in traffic which would of the Report and traffic and substantially increase the noise level noise specifically considered and would also add to the existing by Highways and heavy congestion at the A6 roundabout Environmental Protection junction; respectively. Issues relating to the over-subscribed These issues relate to nature of existing schools in the area, consideration of the inadequate parking for the residential residential application development, the Barnfield playing 20/00108/OUT rather than fields being nominated as an Asset of the current planning Community Value (ACV), the traffic application being generated by the residential considered. development and loss of green space.
MAIN PLANNING CONSIDERATIONS
59. The main material planning considerations in this instance relate to the principle of development, design and the impact on the character and appearance of the area, the impact upon neighbouring amenity, transport and parking implications and issues related to flooding, biodiversity, trees, sustainability, crime prevention and other material considerations.
Principle of Development
60. In assessing the site in a policy context, the site has no designation on the Proposals Map accompanying the Luton Local Plan 2011-2031, but it is an existing college site allocated for community and education purposes and therefore Policy LLP24 is of relevance. This policy supports the expansion of education facilities in general and in part B states that that extensions to education facilities will be supported provided that: a demonstrable local need is established and the facility will be related to the area it serves; it would not adversely affect the viability and vitality of a District or Neighbourhood centre; there would be no unacceptable effect on the amenity of surrounding residential dwellings and other uses; it does not take land allocated for other uses and there is suitable vehicular access and safe dropping off and picking up areas.
Fig. 4: Local Plan Designation
61. The proposal is seeking to demolish existing college buildings within the application site which are described as dated, inefficient and no longer fit for purpose. It is intended to replace them with significantly enhanced education facilities to provide a contemporary new college environment. At present around 1,000 full-time students are currently enrolled at Barnfield College, plus 450 part time students (*in the 2019-2020 academic year). Historically, the College had 2,500 full time students and 800 part time students at its peak. As such, it is evident that currently the college site is being under-utilised. By creating a modern learning environment with improved facilities it is anticipated that numbers of students will increase to 1,300 full-time students and 500 part-time students following the completion of the Phase 1 building. The current proposal would not therefore increase the College’s capacity beyond its historic peak capacity but would seek to make better use of the site by providing improved, modern, energy efficient, purpose-built education facilities to facilitate an increase in the number of students enrolled at the College. It is therefore considered that there is demonstrable need for the proposal to encourage more students to the currently under-utilised college site and it is obviously well related to the area it serves as an existing college site.
62. In relation to the other criteria of Policy LLP24, the proposal is not in close proximity to a District or Neighbourhood centre and it does not contain
retail or service uses that would compete with these centres. As such the proposal would not adversely affect a District or Neighbourhood centre in accordance with this criterion. The Riddy Lane Shopping Parade Frontage is in close proximity on the opposite side of the A6 but the proposal are likely to support these retail units as a result of the predicted increase in student numbers. Further, the new campus building would not take land allocated for other uses and criterion (vi) which requires education or community facilities to remain subordinate where the proposed facility would be in premises that are used for another purpose would not apply in this instance.
63. With regard to the criteria to ensure that the proposal would not adversely affect neighbouring amenity and that there would be suitable vehicular access and safe dropping off and picking up areas, these issues will be considered in detail later in the report. Overall, it is considered that the proposal would accord with the general thrust of Policy LLP24 by providing much needed, improved further education facilities.
64. Although the site is not designated in the Local Plan, the western boundary of the site borders the Upper Lea Valley ALLV, where Policy LLP29 applies. This policy requires development proposals to protect and enhance local landscape designations including Areas of Local Landscape Value (ALLV). Whilst this issue will be considered in detail in the following sections of this report, it is clear that the proposal has had regard to this designation in the creation of the Linear Park element of the application on the western boundary of the site. In general the Linear Park would protect and enhance the character, setting and natural beauty of the ALLV, whilst also improving the connectivity of the pedestrian network and is thus considered to accord with Policy LLP29.
65. Given the general compliance of the scheme with Policy LLP24, albeit that some of the criteria will be assessed in detail in the following sections of this report, and general compliance with Policy LLP29, the principle of the proposed development is considered acceptable.
Layout and Design
66. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site and create safe and attractive places.
67. The existing College comprises a number of primarily 1960’s buildings ranging from single storey to four storeys in height, with the tallest structure on site being 18m in height. The existing buildings are somewhat sprawled across the western part of the overall site and have a current building footprint of 12,048m2 with a further 14,000m2 of hard surfaced
car parks, accesses etc. Buildings constructed since the original college was built include the hospitality block, constructed in 1986, followed by a hair and beauty wing added in 1992. The topography of the site rises west to east by approximately 12m with existing buildings set at various levels.
68. The current proposal for the Phase 1 redevelopment of the site seeks to provide accommodation for general and vocational teaching, student services and administration in a singular teaching block moved closer to the front of the site towards the Barnfield Avenue frontage.
69. The rationale for this is threefold. Firstly, it allows the remaining college buildings to function as an education facility whilst Phase 1 is built out. Secondly, bringing the building closer to the Barnfield Avenue frontage and the A6 roundabout ensures that the College would have a significant presence in the local area and provides the opportunity to provide a gateway building in this location. Thirdly, the positioning of a building in this location has had regard to the topography of the area, utilising this part of the site to ensure that the skyline silhouette when viewed from Old Bedford Road and to the east is maintained, whilst also responding to the historic landscape character of the area which is expanded on below. Further phases of college redevelopment (Phases 2 and 3) form part of the overall masterplan for the college but do not form part of the current planning application. The College have decided on this phased approach to give them the best opportunity to develop the College estate in a controlled manner with minimal risk.
70. The Phase 1 teaching block would be a relatively compact four storey building arranged around a trapezoidal atrium over four floors. The shape and proportion of the teaching spaces adopts established design principles for further education buildings, incorporating relevant guidelines for ventilation, daylighting and sustainability. The core of the building is a central atrium with a significant area of roof glazing to maximise natural daylighting. This provides primary access to all parts of the building and accommodates eating and refreshment areas, meeting and break out spaces. The teaching accommodation is arranged around the perimeter of the building which allows these rooms to take advantage of natural daylight, views out and thermal modulation.
Fig. 5: Second Floor Plan (as an example of the floor layout)
Fig. 6: Building Section
71. The internal layout of the building is considered to be rational and would provide a high quality teaching environment. Similarly, the justification for the positioning of this building in this location is accepted and the opportunity to provide a high quality gateway building in this part of Luton is welcomed and which is consistent with the objectives of Policy LLP25 of the Local Plan.
72. In relation to the design of the building, the applicant has stated that they have carefully considered massing, scale and materiality to seek to provide a gateway building in this location. In terms of the mass and scale of the building, it would extend to 17.2m in height, which is slightly the
below the height of the existing tallest structure on the site (18m) and which is considered to be acceptable in this prominent location. The building itself takes the form of a trapezium shaped block, which is relatively compact in nature and is similar in form to the compact teaching blocks that the Council itself have used both at the new secondary school at Gipsy Lane and at the redevelopment of Putteridge High School currently under construction. The building has been designed with extensive glazing and a linear colonnade approach to both Barnfield Avenue and New Bedford Road. The external materials would comprise brickwork, exposed concrete surfaces, significant glazing, timber- panelling and natural stone flooring utilising a palette of natural materials in soft, neutral colours. The elevations and computer generated images provided demonstrate that both the specific design and materials to be used would result in a high quality college building that would indeed represent a prominent, gateway building in this part of Luton.
Fig. 7: Indicative Visual (1 of 2)
Fig.8: Indicative Visual (2 of 2)
Street Scene and Impact on the Character and Appearance of the Area
73. It is recognised that the proposed massing, height, contemporary design and positioning of the Phase 1 building would have an impact on both the street scenes of New Bedford Road and Barnfield Avenue. However, due to the high quality design, associated with the landscaping proposals, this impact is considered to be positive. Specifically, the current expanse of car parking in front of the main buildings would be replaced by a piazza area which would give an attractive frontage to this proposal. Given the significance of the landscaping proposals associated with this development, these will be considered in a separate section below.
74. In terms of the impact of the proposals on the wider character and appearance of the area, the high quality design of the building coupled with the landscaping proposals would ensure that this impact would also be positive, replacing existing buildings and hard standings that do not enhance the area. Additionally, the proposals have also had regard to the historic character of the area.
75. The River Lea Corridor is identified as a historic landscape feature in the Luton Local Plan. Additionally, the Luton Landscape Character Assessment (2014) identifies the Lea Valley as a Landscape Opportunity Area, presenting an excellent opportunity to enhance the landscape, improve the ‘sense of place’ and link areas together, with development presenting an opportunity to enhance both the landscape and access to it. The Upper Lea Corridor is located within Character Area 4a which includes the south western corner of the Barnfield College site. Finally, the western boundary of the Barnfield College site is identified in the Local Plan as an Area of Local Landscape Value (ALLV), which links to Cowslip Meadows to the north and Riverside Park to the south.
76. The landscaping proposals put forward as part of this current application comprise a ‘Piazza’ to the north of the building to provide space for staff, students and visitors in an attractively landscaped area in front of the new building.
Fig. 9: Piazza Area and Landscaping to the Front of New Building
77. Additionally, the proposals provide for a Linear Park on the western boundary of the site. Currently this area is fenced off and not open to the public. In the proposals this area would be made accessible to the public with a new footpath provided through this area to enhance accessibility. It would utilise existing tree cover where possible, although some trees would need to be removed and replacement tree planting would be necessary. Additionally, the Linear Park would provide new totem signage at the northern and southern entrances to the spaces to announce the space but also to facilitate better connections to the adjacent open spaces to the north and the south, seeking to create a continuously accessible corridor. Finally, the access through to Kingsdown Avenue would be introduced, which is important in providing a link through to the River Walk to the south.
78. The piazza feature is obviously a welcome element of the proposal, creating an attractive frontage in conjunction with the gateway building behind it. In relation to the Linear Park element this is also considered to be a positive aspect of the scheme, responding to the Area of Local Landscape Value (ALLV) and the historic landscape character of the River Lea corridor.
79. Firstly, the proposed redevelopment does not encroach upon the ALLV, it rather extends this space through the creation of the Linear Park and the removal of built form on the western boundary of the site. Additionally, the proposal improve this landscape corridor both visually and physically by making it publicly accessible and making it a specific feature of the redevelopment with new signage, new tree planting, hedging, shrub and herbaceous planting. Accordingly, the proposal is considered to respond
positively both to the ALLV designation and the historic landscape character of this area, thereby complying with both Policies LLP29 and LLP30 of the Local Plan.
80. It is recognised that in the consultation responses from Planning Policy, the Environment Agency and the Council’s Ecologist that it is stated that the opportunity for the Riddy Brook to be released from its culvert under the A6 should be explored and this was specifically raised at the pre- application stage (*NB the Brook actually runs in a sewer under the A6, not a culvert). The applicant has explored this in depth but unfortunately it is not considered to be feasible at this time as part of the current proposals. Riddy Brook is a seasonal watercourse and discharges into sewers underneath the A6 when it does run. To create a new stream habitat in the Linear Park would be a significant engineering operation, which is unaffordable for the current scheme, and would also require work on land outside of the applicant’s control i.e. highway land. Releasing of the Riddy Brook from its culvert, which is it recognised would be enormously positive, is not considered to be necessary to make the current scheme acceptable. However, this is not to say that this de- culverting proposal is off of the table for good because there are later phases of redevelopment proposed. In the meantime, discussions with the Council as Lead Local Flood Authority can continue and for example it may be that a project can be undertaken to understand the rate of flow of the Brook as a first step.
Fig. 10: Linear Park Proposals
Impact on Neighbouring Amenity
81. In relation to the impact on neighbouring residential amenity, it is recognised that the proposed built form of the new college building would be moved to the north of the site primarily to allow existing buildings to
continue to be utilised during the construction period and to provide a gateway building as discussed above. Objections have been received from local residents in Barnfield Avenue with regard to loss of privacy and overlooking from this four storey building. However, the separation distance between the new college building and residential properties would be in excess of 45m, which is a sufficient distance to avoid any detrimental overlooking or detrimental loss of light. Further, in the main this would be a front to front relationship with properties on the opposite side of Barnfield Avenue and, as such, there would be no loss of privacy to the rear and more private areas of these properties.
82. The car park for the new college building would primarily be located on the footprint of part of the existing car park and, as such, no adverse impacts are anticipated. Finally, the proposed new sports pitch would be sited in a position where football pitches have been marked out previously. This is not intended to be floodlit and, therefore, no adverse impacts on residential amenity are anticipated from this element of the proposal.
Access, Parking and Highway Implications
83. Policy LLP31 sets out the sustainable transport strategy and is supportive of development that minimises the need to travel, provides sustainable modal choice and reduces congestion. Policy LLP32 seeks to ensure that an adequate provision of parking is available as it relates to development.
84. In relation to highways issues, the Transport Statement submitted with the planning application recognises that there are already significant problems with the major traffic routes adjacent to the site, particularly the A6 roundabout. The Highways Manager has advised that whilst the proposed development would add to the overall traffic levels to a minor degree, this increase in traffic associated with the proposal could be viewed to fall within the daily network variation. Accordingly, the minor increase in traffic levels would not warrant a refusal of permission or require improvement works and therefore no objection is raised.
85. Additionally, it should be noted that currently the College has approximately 1,000 full-time students, whereas historically it has had 2,500 full-time students and 800 part-time students enrolled. With the completion of the Phase 1 building programme it is anticipated that student numbers would increase to approximately 1,300 full-time and 500 part-time students, still well below the historical peak numbers of students at the College.
86. In terms of the specific access, a new vehicular access would be provided to access the College campus off of Barnfield Avenue immediately to the
west of the existing easternmost car park entrance (gate currently closed). This would necessitate the relocation of the bus stop which is to be agreed with the Council as part of the off-site highway works. All three of the existing access/egress points would be closed and the footways, verge and full height kerbs reinstated. The Highway Authority has raised no issue with this revised access arrangement.
87. Specific concern has been raised through the application process about the proximity of the main pedestrian access being in the north-west corner of the site and close to the A6 roundabout which could encourage dangerous dropping-off and picking-up manoeuvres close to this busy roundabout. The applicant has recognised this issue and has made some design changes to the original proposal to seek to address this issue. These changes include the addition of double-yellow lines to be added to the A6 / Barnfield Avenue roundabout through the S278 highways agreement; additional 3m wide ‘spiky’ hedge planting to be provided along the northern boundary of the piazza to direct foot traffic to the entrance areas, thereby discouraging drop-off close to the roundabout; and enhanced wayfinding and signage to be provided to the drop-off area within the car park. As well as these physical changes the applicant recognises that there are behavioural issues associated with inconsiderate and dangerous vehicle manoeuvring. As such the College proposals that it will issue all staff and students protocols relating to both drop-off and parking, which is an established approach on other campuses and, the detail of which, would be provided through the Travel Plan. Finally, the applicant has stated that the new management of the College have an excellent relationship with the local Police force and that they meet regularly with the Police on a range of safety issues. To help prevent illegal driving behaviour at the A6 roundabout the College will discuss the potential for illegal driving behaviour and potential enforcement measures at future meetings with the Police, particularly when the new building first opens to reinforce good behaviours.
88. The above measures are all welcomed. In addition, the Highway Authority will require that all the potential S278 highway works are safety audited, which will include the potential problem of drop-off on the roundabout. The safety audit of the proposed S278 highway works, along with the measures proposed by the applicant, it considered to satisfactorily address the concern regarding drop-off/pick-up in close proximity to the roundabout.
89. In relation to parking, there are currently 367 parking spaces at the College, although recent surveys (November 2019) showed that only between 113 and 164 are in use. Following redevelopment of the site, there would be 141 permanent spaces provided for Phase 1 plus a 38
space temporary car park. This would increase to around 250 spaces upon completion of all three phases of the College’s redevelopment.
90. The Council’s parking standards for a further education facility are based on staff and student numbers. In the Phase 1 proposals currently being considered, it is anticipated that there would be approximately 100 members of staff on-site on any particular day and 780 students on-site at any one time. Under the Council’s standards which require 1 space per two members of staff and 1 space per 15 students (total, which would be 1,800 in this case), this would result in a maximum parking requirement of 170 parking spaces. The 179 car parking spaces proposed is therefore over this maximum standard but only marginally so. It is not considered to be reasonable to refuse the application on the basis of nine additional car parking spaces above the Council’s maximum standards in this instance. Car parking can also be reviewed under the Travel Plan requirements.
91. With regard to cycle parking there are currently two cycle sheds on site and to the south of the existing car parks, which accommodate 74 cycles. The existing cycle stores would not be affected by the proposed works and, as such, this facility would remain in situ. In terms of the amount of cycle parking, whilst the current provision of cycle parking is below the minimum standards set out in the Local Plan for a further education facility, the travel surveys accompanying the application show that only 3% of students currently cycle to College. Based on the predicted student and staff numbers on-site at any one time, totalling 880 people, the existing level of provision would enable approximately 8% of people coming to the site to cycle. As part of the Travel Plan and general site management, the applicant would monitor usage of the cycle stands and suitable provision for additional stands can be made. This can also be required by the Council through the review mechanism of the Travel Plan.
92. In light of this assessment, sufficient car and cycle parking is considered to be provided in this instance and also the access arrangement and the impact on the highway network are also considered to be acceptable. The scheme would, therefore, be consistent with Policies LLP1, LLP31 and LLP32 of the Luton Local Plan 2011-2031 and Corporate Climate Strategies.
93. Additionally, as these preceding sections of the report have demonstrated that the proposal would not result in any adverse impacts on surrounding residential dwellings and that there is suitable vehicular access and dropping off areas; it is considered that all the criteria of Policy LLP24 have now been demonstrated to have been met.
Flooding
94. The existing college campus is located within Flood Zones 1, 2 and 3, with the existing college buildings located predominantly within Flood Zone 1 but with an existing building to the south-west located within Flood Zone 2 and marginally within Flood Zone 3.
95. The new building associated with the Phase 1 redevelopment currently being considered is entirely within Flood Zone 1, an area with a low probability of flooding. The proposed accessible open space running parallel with New Bedford Road, known as the Linear Park, would be located within Flood Zones 2 and 3. As the new building is located within Flood Zone 1, the development is considered to be appropriate in this location and the requirement of the flood risk Sequential Test are satisfied.
96. It is noted that there is no objection from either the Lead Local Flood Authority (LLFA) or the Environment Agency subject to conditions and informatives.
Biodiversity
97. Policy LLP28 of the Local Plan relates to biodiversity and nature conservation and gives qualified support to development proposals that add to the net stock of wildlife habitats or where they help to deliver a net gain in the conservation and enhancement of designated sites or ecological networks.
98. The application is accompanied by Bat Surveys and a Preliminary Ecological Appraisal from the Ecology Consultancy. The Ecological Appraisal comprised a Phase 1 habitat survey, protected species assessment and an ecological evaluation of the site. The main findings of this report are that the site is not subject to any statutory or non-statutory nature conservation designations; two buildings with a low potential to support roosting bats were identified and the existing hedgerow and scattered trees are considered to have potential to support commuting and foraging bats and further survey work was required to establish the presence of bat activity; the site contains suitable habitat to support widespread reptile species such as slow-worm limited to small areas of shrub and scrub and precautionary working practices are necessary in this regard and the site is likely to support breeding birds and therefore vegetation removal needs to take place outside of the bird nesting season. The report also provides recommendations to enhance the biodiversity value of the proposals which are taken forward in the landscaping, drainage system and detailed planting proposals for the site.
99. In response to the findings of the Ecological Appraisal the applicant undertook a bat survey which was conducted in August 2019 and found no evidence of roosting bats. Foraging and commuting activity was recorded for the Common Pipistrelle, Nathusius’ Pipistrelle and Noctule and it is therefore recommended that semi-natural habitats are retained on site and a sensitive artificial lighting strategy is put in place. With such measures in place and the biodiversity improvements afforded by the opportunity of the Linear Park, the proposal is not considered to be inconsistent with the objectives of Policy LLP28 of the Local Plan.
Arboriculture
100. An Arboricultural Impact Assessment has also been provided in support of the application. The survey identified 149 individual trees, nine groups and two hedgerows within and adjacent to the whole college campus site to be affected by the development proposals. Of the trees surveyed, four individuals have Category A status, 59 individuals were attributed Category B status, 82 individuals, nine groups and two hedgerows were attributed Category C status and four individual trees were given Category U status. No trees located adjacent to or in the proposed development site are subject to Tree Preservation Orders or Conservation Area restrictions.
101. Of the trees surveyed, 66 individuals, three groups and one hedge require removal to facilitate the proposed development. Of these only one Category B tree would need to be removed to facilitate the new building, the remaining trees requiring removal would all be Category C trees. No Category A trees would need to be felled as part of the proposal. Therefore, the majority of trees identified for felling fall within Category C which are considered to be unremarkable / low quality trees with low life expectancy and limited amenity value. Significant replacement planting is proposed in the Linear Park to mitigate the loss of these trees which is welcomed. Existing trees to be retained are to be protected through a tree protection condition and the replacement planting forming part of the landscaping proposals are also to be secured through a condition. The loss of existing trees on the site is not, therefore, considered to be a constraint to development in this instance.
Sustainability
102. It is evident that given the age of many of the existing buildings on the college site, that they are not energy efficient. A key driver of the project is to increase the sustainability of the College’s operations at the same time as creating a much improved learning and working environment. The applicant is accompanied by a BREEAM Pre-Assessment Report which
demonstrates that the project can achieve a BREEAM ‘Very Good’ rating, above the policy requirement for this type of building to achieve a BREEAM ‘Good’ rating as set out in Policy LLP37 of the Local Plan. The design proposals for the Phase 1 building encompass contemporary techniques to achieve high levels of energy efficiency and environmental performance. For example the orientation of the building optimises opportunities for use of natural daylight, control of solar gain and glare as well as limiting the risk of overheating within larger communal spaces. Additionally, renewable energy generation would be provided in the form of photo-voltaic panels, solar hot water tubes and air source heat pumps. The attention to the sustainability of the building is welcomed and is in full accordance with Policy LLP37 of the Local Plan.
Crime Prevention
103. The Bedfordshire Police Crime Design Advisor originally objected to the application primarily on the grounds of the approach to boundary treatments. Following a constructive meeting on site, the boundary treatment has been revised and it is noted that these initial concerns have now been suitably addressed by the amended plans. Conditions are recommended in relation to boundary treatment and external lighting.
Other Material Considerations
104. In relation to other material considerations the proposal would result in job creation, both during the construction period but also when operational as the number of staff are anticipated to increase from the current number of 80 to 100. This is obviously welcomed and the use of local labour in construction will form a requirement in the S106 agreement.
105. With regard to the sports pitch specifically, this is a welcome feature of the current application and reintroduces a managed approach for the community use of this area of the playing fields, which have not been available for public use for a number of years. The need for one full-sized football pitch was agreed in pre-application discussions with Sport England and Bedfordshire FA and reintroducing community use back into this site accords completely with Part C of Policy LLP24 of the Local Plan regarding agreements to use school facilities. The use of the new football pitch would be managed through a community use agreement, to be provided through a condition attached to any grant of planning permission.
106. Finally, creating a new college building at this site with the aim of providing a significantly improved, modern learning and working environment would create both more job opportunities and further education opportunities,
thereby according with the Council’s corporate aims to eliminate poverty and to provide an outstanding education offer for all.
CONCLUSIONS
107. The foregoing report demonstrates that the proposed development would be acceptable in principle, meeting the requirements of Policy LLP24 of the Local and not compromising either Policies LLP29 in relation to landscape character or LLP30 in relation to the historic landscape character. The design of the gateway building is considered to be of a high quality, which would be appropriate in this area and on this prominent corner site on a main arterial route into Luton, resulting in a positive impact on the character and appearance of the area.
Fig. 11: Indicative Visual
108. Additionally, the report has demonstrated that it would not result in any adverse impacts on residential amenity, the highways and parking issues are acceptable and issues relating to flooding, biodiversity, arboriculture, sustainability and crime prevention have also all been suitably addressed. The creation of more local job opportunities both during construction and operation is welcomed and a state-of-the-art further education facility in this location fully accords with Council’s corporate vision to provide outstanding education facilities.
109. On this basis, it is recommended that planning permission is granted, subject to conditions and a S106 legal agreement as set out in this report.
LIST OF BACKGROUND PAPERS
LOCAL GOVERNMENT ACT 1972, SECTION 100D
110. Luton Local Plan 2011-2031
111. National Planning Policy Framework (NPPF, or the Framework)
112. National Planning Practice Guidance (NPPG)
113. Green Infrastructure Plan for Luton (2015)
114. Luton Landscape Character Assessment (June 2014)
DETERMINATION OF PLANNING APPLICATIONS
115. The Council is required in all cases where the Development Plan is relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise.
HUMAN RIGHTS ACT 1998
116. The determination of the application which is the subject of this report is considered to involve the following human rights:-
1. Article 8: Right to respect for private and family life; and
2. Article 1 of the First Protocol: Protection of Property
117. The report considers in detail the competing rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendation is in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.
SECTION 17 CRIME AND DISORDER ACT 1998
118. In reaching the recommendations set out in this report, due regard has been given to the duty imposed upon the Council under Section 17 of the
Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.
EQUALITY ACT 2010
119. In reaching the recommendation set out in this report, proper consideration has to be given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share relevant protected characteristics and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief. In this case, no disproportionate effect on people with protected characteristics has been identified.
Appendix A: Conditions and Reasons
TIME LIMIT FOR COMMENCEMENT
(01) The development hereby permitted shall be begun not later than the expiration of 3 years beginning with the date of this permission.
Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.
(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and document Nos.: 120160-IBI-WS-XX-PL-A-100-0005 Rev P6, 120160-IBI-WS-XX-PL-A- 100-0011 Rev P1, 120160-IBI-WS-XX-PL-A-100-0002 Rev P12, 120160- IBI-WS-XX-EL-A-100-0021, 120160-IBI-1C-XX-EL-A-200-0051 Rev P2, 120160-IBI-1C-XX-EL-A-200-0050 Rev P2, 120160-IBI-1C-00-PL-A-200- 0020 Rev P5, 120160-IBI-1C-01-PL-A-200-0021 Rev P4, 120160-IBI-1C- 02-PL-A-200-0022 Rev P4, 120160-IBI-1C-03-PL-A-200-0023 Rev P4, 120160-IBI-1C-RF-PL-A-200-0025 Rev P2, 120160-IBI-WS-XX-PL-L-700- 0006 Rev 15, 120160-IBI-WS-XX-PL-L-700-0007 Rev 09 and 12016-IBI- WS-XX-SML-L-700-0001 Rev A.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(03) Construction of the development shall only proceed in accordance with the approved Construction and Environmental Management Plan dated January 2020, including any works of demolition.
Reason: To protect human health, the environment, the highway and the amenities of adjoining occupiers and surrounding uses.
(04) Prior to the commencement of above-ground works, excluding demolition and enabling works, full details of the materials to be used in the construction of the external materials of the building hereby approved shall be submitted in writing to the Local Planning Authority for approval. The development shall be carried out only in full accordance with those approved materials.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(05) The landscaping scheme hereby approved as part of the development as shown on drawing numbers 120160-IBI-WS-XX-PL-L-700-0006 Rev 13 and 120160-IBI-WS-XX-PL-L-700-0007 Rev09 shall be carried out in
accordance with a programme to be submitted to the Local Planning Authority in writing for their approval prior to occupation of the development. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.
Reason: To enhance the appearance of the proposed development.
(06) Prior to any works of demolition or construction the tree protection measures as set out in Appendix 3 of the Arboricultural Impact Assessment and Method Statement by Arbeco dated January 2020 shall be in place and shall be retained for the duration of the demolition and construction works. The land so enclosed shall be kept clear of plant, building materials, machinery and other objects and the existing soil levels not altered.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(07) A landscape management plan, setting out management and maintenance responsibilities for all hard and soft landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development for its permitted use. The landscape management plan shall be carried out as approved and shall remain in force for as long as the development remains in existence.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(08) Prior to the commencement of development, excluding demolition and enabling works, a surface water drainage scheme, based on sustainable drainage principles should be submitted to the Local Planning Authority in writing for their subsequent approval in consultation with Thames Water. The drainage scheme should demonstrate that the surface water run-off generated by critical storms up to and including the 100 year + 40 % climate change uplift storm will not exceed the drainage capacity of the site.
Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment.
(09) No infiltration shall be permitted in contaminated ground. If there is no or only inconclusive evidence as to whether or not the ground is contaminated a detailed site investigation must be carried out to determine this before any construction is commenced.
Reason: To ensure a satisfactory standard of development.
(10) The construction of the surface and foul water drainage system shall be carried out in accordance with details submitted to the Local Planning Authority in writing for their approval. The system should be based on the Flood Risk and Drainage Assessment by GHD Group dated 18.12.2019.
Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment.
(11) Prior to first occupation of the development hereby approved, a detailed Travel Plan shall be submitted in writing to the Local Planning Authority for approval. The Travel Plan shall be in line with the prevailing policy and best practice and shall include as a minimum:
• A car park management strategy; • The identification of targets for trip reduction and modal shift; • The methods to be employed to meet these targets; • The mechanisms for monitoring and review, which should include a monitoring regime within six months of first occupation or 75% of building floorspace occupation, whichever occurs the soonest; • The mechanisms for reporting; • The penalties to be applied in the event that the targets are not met; • The mechanisms for mitigation; • Implementation of the Travel Plan to an agreed timetable or timetable and its operation thereafter; and • Mechanisms to secure variations to the Travel Plan following monitoring and reviews.
The Travel Plan shall be implemented as approved and retained for the life of the development.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(12) The development hereby approved shall not be occupied until the necessary off-site highway works on Barnfield Avenue required as a result of the development, have been installed, at the developer’s
expense, in accordance with a scheme submitted to the Local Planning Authority in writing for approval prior to occupation. Written notification of the completion of the required works shall be provided to the Local Planning Authority before the development hereby approved is occupied.
Reason: In the interests of sustainable travel and to enable the achievement of objectives in the Travel Plan.
(13) Prior to first occupation of the development, at least 5% of car parking spaces as shown on approved drawing reference 120160-IBI-WS-XX- PL-A-100-0002 RevP12 shall be equipped with working electric vehicle charge points, which shall be provided for staff, students and visitor use at locations reasonably accessible from car parking spaces. The electric vehicle charge points shall thereafter be retained in perpetuity.
Reason: In the interests of sustainable travel.
(14) No development approved by this permission, excluding demolition and enabling works, shall take place until a Phase 3 Remediation Strategy, to address the contamination risks identified in the previously submitted Applied Geology Ground Investigation report dated February 2020 (Ref: AG3067-19-AJ53), has been submitted to the Local Planning Authority in writing for their approval. The remediation strategy shall include an options appraisal giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency action.
Reason: To protect human health and the environment.
(15) Prior to occupation a validation report shall be submitted in writing for the approval of the Local Planning Authority to demonstrate the effectiveness of any agreed remediation strategy. Any such validation report shall include responses to any unexpected contamination discovered during works.
Reason: To protect human health and the environment.
(16) In the event that contamination is found at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall then be undertaken by a competent person, in accordance with 'Model Procedures for the Management of Land Contamination, CLR 11'. A written report of the findings should be forwarded for approval
to the Local Planning Authority. Following completion of remedial measures a verification report shall be prepared that demonstrates the effectiveness of the remediation carried out. No part of the development should be occupied until all remedial and validation works are approved in writing.
Reason: To ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990.
(17) Prior to occupation of the development, a scheme containing full details of arrangements for internal air extraction, odour control, and discharge to atmosphere from canteen cooking operations, including any external ducting and flues, shall be submitted in writing to the Local Planning Authority for their approval. The works detailed in the approved scheme shall be installed in their entirety before the use hereby permitted is commenced. The equipment shall thereafter be maintained in accordance with the manufacturer’s instructions and operated at all times when cooking is being carried out.
Reason: To ensure commercial cooking odours are suitably controlled and mitigated.
(18) Details of any external lighting to be installed on the site, including the design of the lighting unit, any supporting structure and the extent of the area to be illuminated, shall be submitted in writing to the Local Planning Authority for approval prior to the installation of any lighting at the development. Only the details thereby approved shall be implemented.
Reason: To protect the amenity of existing and future neighbouring occupiers from adverse artificial light impacts.
(19) No above ground works, excluding demolition and enabling works, shall take place until a scheme for protecting the proposed college accommodation from noise from road traffic has been submitted to and approved in writing by the Local Planning Authority. The scheme shall follow the recommendations identified in the WYG Noise Assessment report (Ref: A115753) dated December 2019. No part of the college building hereby approved shall be occupied until such a scheme has been implemented in accordance with the approved details and it shall be retained in accordance with those details thereafter.
Reason: To ensure that suitable internal acoustic standards are achieved in accordance with the relevant standards.
(20) Noise resulting from the operation of external plant in connection with the approved development shall not exceed the existing background noise level inclusive of any penalty for tonal, impulsive or other distinctive acoustic characteristics when measured or calculated according to the provisions of BS4142:2014 (as amended).
Reason: To protect the amenity of neighbouring occupiers.
(21) Prior to the construction of the sports pitch as shown on approved drawing reference 120160-IBI-WS-XX-PL-A-100-0002 RevP12 the following documents shall have been submitted to the Local Planning Authority in writing for their approval in consultation with Sport England.
• a) A detailed assessment of ground conditions (including drainage and topography) of the land proposed for the playing field which identifies constraints which could adversely affect playing field quality; and • b) Where the results of the assessment to be carried out pursuant to the above identify constraints which could adversely affect playing field quality, a detailed scheme to address any such constraints shall be provided to the Local Planning Authority. The scheme shall include a written specification of the proposed soil structure, proposed drainage, cultivation and other operations associated with grass and sports turf establishment and a programme of implementation.
The sports pitch shall be constructed and marked out prior to the occupation of the development.
Reason: To ensure that the playing field is prepared to an adequate standard and is fit for purpose.
(22) Should a scheme be required in accordance with Condition 21 b) above, the approved scheme shall be carried out in full in accordance with the approved programme of implementation. The land shall thereafter be maintained in accordance with the scheme and be made available for playing field use in accordance with the scheme.
Reason: To ensure that the playing field is prepared to an adequate standard and is fit for purpose.
(23) Use of the development shall not commence until a Community Use Agreement prepared in consultation with Sport England has been submitted in writing to the Local Planning Authority for their approval, and a copy of the completed approved agreement has been provided
to the Local Planning Authority. The agreement shall apply to the sports pitch and shall include details of pricing policy, hours of use, access by non-college users, management responsibilities and a mechanism for review. The development shall not be used at any time other than in strict compliance with the approved agreement.
Reason: To secure well managed and safe community access to the sports facility to ensure sufficient benefit to the development of sport.
(24) Prior to the commencement of above-ground works (excluding enabling development), details of a scheme of measures to mitigate the impacts of climate change and to deliver sustainable and resource efficient development through energy use reduction, efficiency and renewable and/or decentralised energy shall be submitted to the Local Planning Authority in writing for approval. The scheme should achieve the 2013 Building Research Establishment Environmental Assessment Method (BREEAM) ‘Good’ status. The scheme shall be installed before occupation of the development and shall be used and retained thereafter for so long as the development remains in existence.
Reason: In the interests of sustainability.
(25) The on-site drainage system shall incorporate an oil/water interceptor which acts to prevent petrol/oil being discharged into the surface and groundwater network.
Reason: To prevent pollution of the water environment.
(26) The applicant shall notify Affinity Water at least 15 days in advance of commencing the development.
Reason: To enable Affinity Water to intensify monitoring and to plan for potential interruption of the service.
(27) Any works involving excavations below the chalk groundwater table shall be avoided. If piling is deemed necessary, than a continuous flight auger (CFA) technique should be used, in accordance with the submitted Construction and Environmental Management Plan. The piling works must be supervised to prevent any potential contamination reaching the aquifer.
Reason: To prevent pollution of the water environment.
(28) The fencing hereby approved shall be erected prior to the occupation of the building hereby permitted.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(29) The ecological impact mitigation measures, as indicated within the Preliminary Ecological Appraisal by Ecology Consultancy dated November 2019, shall be implemented as approved prior to first use of the development hereby permitted and shall be retained for the lifetime of the development where necessary.
Reason: To protect ecological interests on the site.
(30) Notwithstanding the provisions of Section 55 of the Town and Country Planning Act 1990 or of the Town and Country Planning (General Permitted Development) Order, 2015 (as amended), (or any Order revoking or re-enacting that Order with or without modification), no radio or TV aerials, satellite dishes or other antennae shall be affixed to the development or erected within its curtilage without the prior planning permission of the Local Planning Authority.
Reason: To ensure the satisfactory appearance of the completed development.