DEVELOPMENT CONTROL AND REGULATION COMMITTEE A Report by the Assistant Director - Planning & Sustainability 23 March 2011 ______

Application No: 6/11/9001 District: Barrow

Applicant: County Council The Courts Carlisle Date of Receipt: 22 December 2010 ______

PROPOSAL New build building for 1,200 Pupils set over 2 and 3 storeys located on existing sports pitch area. Pedestrian and vehicular access provided from Park Drive. Provision for new teaching and external sports facilities (Multi Use Games Area and artificial pitch).

Furness Academy South (Formerly Park View School), West Avenue, Barrow-in-Furness, LA13 9AY ______

RECOMMENDATION

1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

2.0 THE PROPOSAL

2.1 It is proposed to construct a new Academy building for 1,200 pupils within the grounds of the former Park View School 2.2 Furness Academy is presently a 1600 pupil (11-16 years) Academy formed from amalgamating the Alfred Barrow, Thorncliffe and Parkview Schools in 2009 and currently operates from two sites, the former Thorncliffe School site (north campus) and the former Parkview School site (south campus). The existing South Campus buildings accommodate 968 pupils and the previous Parkview School capacity was 1102. (A further 615 students are based at the North Campus). It is proposed that the existing Park View school buildings would remain in use until 2014/2015 when pupil numbers are predicated to fall to around 1200 and the existing school buildings would close. 2.3 The proposed academy building would have a footprint of 4,865sq m, with a flat roof and would have red facing brick, aluminium framed glazed curtain walling, colour render panels and an exposed painted steel colonnade over the front elevation which wraps around part of the north west elevation. The applicants state that red sandstone and Furness brick are not used in the façade treatment due to cost constraints and the lack of availability of the quantities required for the construction programme. However, they state that colour choice for the red facing brick will be sampled from the weathered coloured examples in the immediate area. 2.4 Forming an integral part of the new facility would be an energy centre which would incorporate a bio mass boiler. 2.5 The proposed facility would provide an indoor sports hall, a five court Multi Use Games Area (MUGA) to the rear of the new buildings, a junior third generation all weather sports pitch to the north of the proposed new buildings and would utilize existing sports fields, running track and an existing MUGA. The proposal does not include floodlighting of the sports pitches. 2.6 Community use of the sports facilities and other facilities within the school is proposed. 2.7 A new vehicular access would be provided off Park Drive, opposite Barrow Park, alongside new pedestrian entrances, separated from vehicles. A pedestrian access would also be provided via the existing access point on Lesh Lane (to the rear of the site). A new 150 space car park (including 6 disabled users) would be provided adjacent to the new building. 2.8 Existing boundary fencing will be retained and repair/replaced where necessary and elsewhere new perimeter fencing is proposed for site security and safety. 2.9 The Academy is sponsored by the Furness College, University of Cumbria and Barrow Sixth Form College. The new Academy building would be the last of four being developed within Cumbria.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Barrow Borough Council objects to the proposal on the following grounds: a) The proposal is contrary to Policy D26 of the saved Local Plan which seeks to protect open space from development. The location of the proposed new building complex, including general site paraphernalia of car parking, sports facilities and access roads, would physically and visually intrude and adversely affect the open space. National, Regional and Local Policy seek the appropriate reuse of existing buildings and brownfield land b) The option analysis on the location of the building is flawed. It fails to take into account other land and buildings within the applicant‟s control which abut the site and which would minimise the proposal‟s impact on the protected open space. The option analysis fails to adopt a credible sequential approach to site selection c) The proposal is contrary to D21 of the saved Local Plan and national guidance because the design quality is poor, lacking overall style and coherence. In particular the side elevations which are highly prominent have a very poor standard of design. This is a summary of the grounds for objection and a full copy of the letter (along with all representations) will be available for members to inspect prior to committee. 3.2 The Highway Authority recommend that a number of conditions are imposed relating to a Travel Plan, off-site highway works, including a new informal pedestrian crossing point on Park Drive, external lighting and control of surface water run-off. 3.3 The Environment Agency state the site is located within Flood Zone 1 and the risk of flooding from rivers or the sea is low. The applicants have submitted a flood risk assessment for the management of surface water run-off. The scheme proposes the use of Sustainable Drainage Systems (SuDS) in the form of permeable surfaces, swales, designated storage area for exceedance events and a cellular storm water attenuation tank. The volume of attenuation required is based on a 1 in 30 year storm event plus 30% climate change. The Agency recommend two conditions relating to the surface water run-off generated up to a 1 in 100 year critical storm plus climate change will be contained within the site and therefore not increase the risk of flooding off-site and that discharge rates to the public sewer to be approved in writing. 3.4 Sport raised an objection to the submitted scheme on the basis of the loss of playing pitches. An amended drawing was received which showed the addition, with some regrading works, of a junior sized football pitch, in the north eastern corner of the site. The applicants also provided further information on the need for the new artificial grass pitch. This stated that this facility would have a positive impact on the curriculum requirements of the Academy and would allow for a number of sports to be accommodated including football, rugby and small sided hockey. The facility would be used more intensively for sport and P.E due to the more durable playing surface which would be a further benefit given that a number of the grass pitches are poorly drained which limits the amount of use particularly during the winter months. The applicants also state that the new facility would help in establishing inter-schools sports competitions

and would be the only facility of its type in the locality following the alteration of the only other artificial grass pitch to a goals soccer Centre. Sport England state that it is clear from the above comments that the new artificial grass pitch will offer some significant benefits to the Academy in terms of being able to sustain more sporting use on the facility, particularly during the winter months. In addition, they are mindful of the fact that this in turn could benefit the retained grass pitches at the school in terms of reducing the intensity of use on these pitches allowing them to rest and recover particularly during poorer weather. Sport England have therefore withdrawn their objection to the planning application subject to conditions relating to the detailed design and specification of the sports facilities, the phasing of the development and community use of the sports facilities. 3.5 United Utilities have no objections provided surface water run-off should be no greater then the current greenfield run off and the site must be drained on a separate system with only foul drainage connected into the foul sewer. 3.6 The applicants held an exhibition in Forum 28 from 24th January for a week. The display was attended by representatives of the applicants and their agents between 12.30pm and 7.00pm on Thursday 27th Jan. During that afternoon approximately 20 people attended ranging from Barrow Councillors, residents from Park Drive and West Avenue, as well as prospective pupils. Reaction was mixed; from great new facilities to the loss of the green space.

3.7 22 letters of support for the scheme have been received, a number of these are from staff at the Academy. A summary of the comments are: - The new plans will afford all students a fantastic facility in which to learn and the sooner those plans are made a reality then the sooner our children will begin to benefit from them. Please don‟t allow this great opportunity to pass our children by. - I am disturbed to have found out that the development is already going to suffer a one term delay which means the Academy is due to be open in January 2013. Any more delays are clearly not acceptable if the ultimate reason is caused by planning proposals not being approved. I have no objections to the building plans proposed as the design of the buildings and overall location layout will have a positive impact on the area. - The current situation is intolerable, as both buildings are far from fit for their purpose of delivering education in the 21st Century. The practicalities of operating across two sites also interfere with the delivery of first class education. 3.8 The Barrow Borough member for Parkside ward, which includes the site, supports the scheme. He states that having read all the supporting documentation he agrees with the reasoning for the proposed location for the building and thinks the impact on the open aspect of the site will be minimised by taking advantage of the rise of the land. He is concerned that there may be a local political agenda behind many of the objections that are being raised. If there was a widely accepted, better location for the building he would have expected responsible local politicians to have drawn this to the applicant‟s attention. Instead there has been a solely negative campaign. He strongly urges members not to delay a decision but to give approval for the application.

3.9 6 letters of objection have been received. These can be summarised as follows: - loss of playing fields - development thin end of a wedge which will be used to develop and destroy the whole of a beautiful well planned area - there are no proposals regarding traffic control around the school. Park Drive is already a „rat run‟ for traffic trying to avoid the town Centre. The new school will do nothing to ease an already chronic problem. - the land was given to the Borough for use by children for recreation and not to be used for buildings of any form. - what does the Council propose to do with the existing school buildings and playing fields that are not part of the proposed plan? - the proposed building is in the wrong place, the wrong design, unsafe traffic management issues and will breach the Local Plan - you are proceeding with this in defiance of both local opinion and government policy to encourage involvement in sports and recreation by school children. These fields, which have served the community well for almost 80 years, will be lost forever to the school children of Barrow. It is also widely believed that the new building will soon become too small for the predicated number of pupils. In those circumstances the only option for expansion will be to take even more of the sport field. 3.10 A petition with approximately 500 signatures has been received. It states that “The proposed new build of Furness Academy on the Parkview playing fields adjacent to Park Drive, is on land designated as protected green space under Barrow Council Local Planning Policy D26. We the undersigned therefore request that Cumbria County Council and Furness Academy, move the proposed build to another position so as to protect the area of green fields in front of the existing school and adjacent to Park Drive. Furthermore Cumbria County Council or Furness Academy will take no action to obtain planning permission until this petition is debated by full Council in accordance with County Council procedures.”

3.11 At the time of writing this report an application for a Town or Village Green (TVG) has been received by the County Council. The registration process has commenced and in due course the evidence accompanying the application will be considered. A report will be presented to Committee at some future date.

4.0 PLANNING ASSESSMENT

Introduction 4.1 Members visited this site on the 9 February with members of Barrow Borough Council. Since the site visit a petition has been received objecting to the current proposal and an application has also been received for the land to be registered as a Town or Village Green. These are discussed more fully later in this report. Policy context 4.2 Policy ST5 of the Cumbria and Lake District Joint Structure Plan supports new development in the Key Service Centre of Barrow, so long as the scale of the development is appropriate to the size and the role of the key Service Centre.

4.3 The Cumbria Sub Regional Spatial Strategy (2008-2028) states that development is supported in Barrow where it will „enhance educational and skills attainment within communities”. The County Council support the use of the Academy programme to inspire learning and to improve aspiration and achievement. 4.4 The application site extends to some 12.5Ha and comprises playing fields and hard courts associated with the school and open rough grassland with remnant hedgerows and trees. The site forms part of a wider area of land, also in the ownership of the County Council, which is identified in the Barrow Borough Local Plan as Urban Open Space (policy D26) which states that open areas will be protected from development where they: a) are important to the appearance and character of housing areas or settlements; or b) are used as amenity areas by the public. The plan goes on to note that it would be undesirable for all open spaces to be built upon and the Borough Council will seek to retain areas that contribute to the amenity of the area. 4.5 Given that the application site is in County Council ownership it is not formally established as „public open space‟ and is used as playing fields by the Academy. The main issue to consider, therefore, is the extent to which this area is important to the appearance and character of housing areas and the impact the new development would have on them. 4.6 The application has been advertised as a departure from the Local Plan because of this potential conflict with policy D26. 4.7 The first principle to developing a new Academy on this site was the consideration of utilizing the existing buildings by remodelling and extending them. The existing buildings were considered to be no longer fit for purpose and reuse was not considered to be a viable option for example the current school has poor access with steps to main entrances and changes in levels throughout the building which would not meet modern day standards. The policy D26 designation covers all of the school playing fields and the adjacent land and therefore any development for a new building on these areas would require careful consideration under this policy. 4.8 Alternative sites around the grounds of the school were considered. However, to resolve the current access problems to the school, which in effect is located off a residential cul-de-sac, the view was taken, following discussions with the Highway Authority that a new vehicular access should be provided off Park Drive. It was also considered that the setting of the existing school buildings should be maintained and, finally, the new building should be sited as far away as possible from residential properties. The siting of the new building therefore evolved to the one that forms part of this submission. An alternative location would be to site the new building nearer the existing buildings (which seems to be the preferred location of Barrow Borough, implying that they do not have an in principle objection under Policy D26 to development on the wider site, and some objectors). This would have the advantage of retaining the open views across the lower part of the site. However it would have the disadvantage of siting a three storey building on the highest part of the site, the car park would be prominent in front of the building and a longer vehicular access off Park Drive would bissect the playing fields in two.

4.9 Whilst there are advantages and disadvantages with any location for a new building, and any development of this size will have impacts, I am satisfied that the siting of the new building is an appropriate one and impacts have, as far as possible, been minimised. Any new development in the grounds of the school would fall within the open space policy. However, I am satisfied that the siting of the proposed Academy building is an appropriate one and respects the appearance and character of surrounding housing areas. The building is positioned so as to leave clear views across the playing fields towards the existing school for properties on Park Drive and largely retains the open vista from West Avenue looking across the school grounds towards the park. 4.10 Barrow Borough Council have also objected on the grounds that the proposed development is contrary to Local Plan policy D21 as they consider the design quality is poor, lacking overall style and coherence. They also state that a full design appraisal would require more information about the future of the existing Academy buildings. The former grammar school buildings are clearly of townscape importance and of local historic interest and do possess architectural interest and quality in their form and detailing. Barrow Borough state that their setting will clearly be detrimentally affected by the proposed development and the future of these buildings should form part of the submission. 4.11 The existing school buildings are outside the application boundary although in the short term they will continue to be used by the Academy. The future use of these buildings has also been raised by objectors and the uncertainty over this is regrettable and is, I feel, a shortcoming in the submission. Design 4.12 The applicants have submitted a statement detailing the concept behind the design for the new building. This process, through continuous discussions and dialogue with the Academy, has considered the requirements of pupils and staff to ensure that the spaces created offer comfortable, flexible and safe learning environments which all users would enjoy. The internal layout offers a range of spaces where learning can be delivered from enclosed classrooms to smaller personal break-out and larger multi-class open plan areas. Access for all is key to the layout and dedicated provision for community use is provided to allow facilities to be used after hours. 4.13 They state that these internal spaces are supported by the external landscape which wraps around the building and links it to its immediate setting. This landscape includes formal sporting areas, informal play, social and gathering spaces which can be passively supervised. The setting of the building along Park Drive creates a strong relationship with Barrow Park and respects the vista towards the retained former grammar school buildings. 4.14 The statement continues that the „pavilion‟ style concept is driven by the desire to keep a simply detailed form that sits within the existing topography, and yet creates a clear identity for the Academy with a recognisable presence within the community. The elevations use punched slot openings, framed with a full height colonnade to the main façade to maximise daylight and ventilation into the spaces and to provide extended views back into the surroundings. The materials to be used, predominantly brick and render, reflect the context of Barrow both in its local vernacular and its coastal environment.

4.15 Barrow Borough Council objects to the design of the new building. They state that whilst the front elevation has a relatively strong style which would be lifted in quality by the use of red sandstone rather than brick, the side elevations, which are highly prominent, are considered to be very poor. Building so forward on the site necessitates a „three front‟ approach to the design. The frontage canopy extends over only a small part of the elevation facing West Avenue and these side elevations have no discernable rhythm or symmetry. They have an array of poorly designed and proportioned domestically styled windows and have virtually no articulation in terms of window surrounds, eaves detail or a roof slope and as such will appear flat and unfinished. They conclude that this is exacerbated by the building‟s flat roof. 4.16 I do not think that these criticisms are valid. The new building would be set back some 40m from Park Drive with footpaths and tree planting between the building and the road. The main building on the lower part of the site would be three storey with a flat roof. If the building were to have a pitched roof it would significantly increase the height and massing of the building and its impact on the surrounding area would be greater. Towards the rear, on the upper part of the site, is located the sports hall and the energy Centre which includes the bio mass boiler and behind this the multi use games area. 4.17 The Borough‟s main concern regarding the design relates to the side elevations, the most prominent of which would be the north west elevation which faces the playing fields and is visible from West Avenue on the north side of the site. The applicants state that the location and scale of the openings reflects the use of the spaces behind. The windows in these elevations are more random in appearance and whilst they do not have window surrounds they would be recessed which would add relief to the elevations. Additionally a landscape mound is proposed running adjacent to this elevation which would provide a visual buffer and help to break up the massing of this elevation. This mound would be controlled by a condition relating to the height, profile and landscaping. 4.18 This is the fourth Academy to be proposed in the County (3 are currently under construction and the first, Richard Rose Central, has recently opened). All have taken a different design approach which has reflected the needs of the school and the setting for the new build. The proposed new Furness academy building has taken a „pavillion‟ style approach to reflect its setting opposite the Park which I think is an appropriate one. The split level design respects the topography of the site and there is a generous amount of land around the new building to provide a landscape setting which, with the addition of tree planting and mounding, will help to assimilate the building into the local landscape. Landscape and Visual Impact 4.19 The proposed site is situated within the urban centre of Barrow and is surrounded by mixed residential development and to the west the park There are no public footpaths on the site although the rough grassland to the east is crisscrossed with an informal network of tracks used by dog walkers and as short cuts to surrounding housing areas 4.20 A landscaping scheme has been submitted which includes a site-wide landscape master plan. Existing remnant hedgerows are to be retained and reinforced together with landscaping designed to enhance the setting of the building and to soften visual impact.

4.21 The playing fields on the northern part of the site will remain unaffected by the proposed development and therefore they would be retained as green open space as existing. Impact on Ecology 4.22 Surveys have been undertaken to assess the potential of the site to provide habitat for protected species such as reptiles and bats. Evidence of bats was found in two of the roof spaces in the Auld building in the existing school. No observations of reptiles occurred in the school grounds however the grassland and dense scrub along the perimeter of the school playing field and within the south western corner of the site could provide suitable habitat for reptiles and a further survey in the spring is proposed. 4.23 Japanese knotweed is present in the southern part of the site. Measures are proposed to eradicate the Japanese knotweed and retained habitats would be enhanced. Planting of trees/shrubs, habitat enhancements and links to the adjoining grassland are proposed. Archaeology 4.24 An Archaeological desk based assessment was submitted with the application. This indicates that numerous prehistoric finds have been uncovered from the nearby park and this, together with place-name evidence, has been taken as an indication that an Iron Age hill fort was located there. An assessment has been undertaken showing the extent of previous landscaping on the site and, although this is extensive, there are areas that remain relatively undisturbed. These areas have the potential for archaeological remains to survive in them. 4.25 The County Archaeologist recommends that an archaeological evaluation and, where necessary, a scheme of archaeological recording of the site be undertaken in advance of development. Conditions are proposed to secure this. Flood risk and drainage 4.26 The site is of low risk from flooding and the applicants have submitted a flood risk assessment for the management of surface water run-off. The scheme proposes the use of Sustainable Drainage Systems (SuDS) in the form of permeable surfaces, swales and designated storage area. The Environment Agency has no objections subject to conditions to ensure that all surface water run-off is contained within the site and to control discharge rates to the public sewer. Traffic, Pedestrians and Cyclists 4.27 The school is currently accessed off West Avenue a residential road with a narrow access leading off it into the school. The amount of traffic using the road to gain access to the school, and roadside parking associated with the school, causes a nuisance to residents and impacts on amenity. 4.28 The opportunity has been taken as part of the proposed new Academy building to provide a new access into the site off Park Drive. This has the advantage of removing the bulk of traffic from the residential roads surrounding the existing school and providing a new access some distance from the nearest residential property.

4.29 A Travel Plan and Transport Assessment have been submitted with the application. Studies have been undertaken of the impact of the development at the following junctions: Abbey Road/ Lane/Hallow Lane

Abbey Road/Park Drive/Cheltenham Street

Park Drive/Greengate Street/Bridgegate Avenue

The junction capacity assessments state that with some small modification to the operation of signalised junctions they would operate within capacity. Whilst there will be a shift of vehicular trips onto Park Drive this should not lead to network or junction capacity problems and would alleviate congestion on the relatively narrow residential streets of West Avenue and Jesmond Avenue.

4.30 A new car park is proposed to the south east of the new facility with additional parking provided off the access road to the service yard. A total of 150 car spaces based on the number of staff and visitors using the site would be provided. This was increased from an initial proposal for 120 spaces as the highways authority considered additional provision was required under currently applicable parking guidelines and has been accommodate unobtrusively on site to the south of the proposed building. 4.31 There would be three pedestrian entrances into the site, two off Park Drive and one linking through the rear of the site from Lesh Lane. These entrances would be separate from the single vehicular entrance off Park Drive and cycle parking would be provided near the main entrance to the school. An informal pedestrian crossing and pedestrian refuge on Park Drive is also proposed. The site is well served by public transport in the vicinity and has good accessibility for walking and cycling.

4.32 A coach drop off point would be provided adjacent to the multi use games area and sports hall. No on-site bus drop off for day-to-day pupil use is proposed although existing school bus provision to Lesh Lane would be maintained.

4.33 The Travel Plan submitted with the application indicates that currently 73% of students at the south campus (former Park View school) walk to school. For the current 2010/2011 academic year, there are 968 students based at the South Campus and 615 students based at the North Campus. Going forward there would be an annual decrease in student numbers to 1200 by 2015/16 Staff numbers are expected to decrease as the student roll falls and are expected to be 219 in 2015/16.

4.34 The parking facilities at the existing school would continue to be in use until after student numbers decreased and the former Park View school buildings would close in 2014/15. Whilst this proposal would increase traffic on Park View this would be off-set by the decrease in traffic on West Avenue and Jesmond Avenue which are more densely populated. The proposed new vehicular access has been sited as far as possible away from residential properties, the nearest being some 100m away. The Highway Authority has no objections and conditions are recommended to require a new Travel Plan to be undertaken once students and staff are located on a single site.

Sports Provision 4.35 The site of the proposed new Academy building is on part of the playing fields used by the existing school although in practice this area suffers from poor drainage and the pitches are often too wet to use. A new multi use games area, an all weather grass pitch and a new sports hall are proposed. This current proposal does not propose any floodlighting of the sports pitches. 4.36 Following concerns raised by Sport England the applicants have agreed to provide a junior football pitch in the north eastern part of the site. The proposed artificial grass pitch would be used more intensively for sport and P.E due to the more durable playing surface. The applicants state that this facility would help to establish inter-schools sports competitions and would be the only facility of its type in the local area following the alteration of the only other artificial grass pitch to a goals soccer centre. 4.37 Sport England have now withdrawn their objection and I am satisfied that the loss of the playing fields as a result of this development is adequately compensated with the proposed new provision. Community Use 4.38 Community use of the facilities is proposed outside school hours. In particular the all weather pitch would be directed towards local groups and football and rugby academies in partnership with the local professional clubs and the local sports council. In addition the facility would be made available for local sports clubs from the rugby, football and hockey community to use for training and matches. 4.39 Evening courses would be run from the school making full use for example of the IT facilities. Petition 4.40 A petition has been received which requests that the proposed new build is relocated to another position so as to protect the area of greenfields in front of the existing school and adjacent to Park Drive. The principal open views into the site from Park Drive towards the existing school would be protected and as I have discussed above wherever a new building is located on the site it would fall within the urban open space designation. 4.41 The petition also requests that the County Council takes no action to obtain planning permission until the petition is debated by full Council in accordance with County Council procedures. However because this is a petition relating to a planning application it would not be considered by full Council.. The petition is however a material consideration, along with all representations received, and demonstrates that there is considerable local interest in the proposed development. Town or Village Green application 4.42 An application for the application site to be designated a town or village green (TVG) has recently been received by the council and is in the process of being registered. This is a material consideration when considering a planning application although the weight that can be given to it is limited as the evidence has not been tested and the application is at a very early stage. This does not prevent members from making a decision on the planning application as the TVG application will be considered under separate procedures. It will be a matter for the County Council as developer to consider the implications of the TVG application in deciding whether to commence development if planning

permission was granted.

Human Rights Act 1998

4.43 The proposal will have an impact on the visual amenity of the area. Any impact is minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.44 This is a major development on a greenfield site which represents a significant investment in new teaching and sports facilities for the Academy and for community use. Objections have been raised regarding the siting and design of the building and the impact this would have on the local landscape and the loss of playing fields.

4.45 The application has been advertised as a departure from the Development Plan as development was considered to have potential for some conflict with the local plan policy which seeks to protect open spaces in urban areas from development. Having looked at the two elements of Policy D26 the site is not public open space and I consider that the development would not have a significant impact on the appearance and character of surrounding housing areas. Nevertheless I consider it would be prudent to refer the application to the Secretary of State under the procedure for dealing with departures to ensure that any permission cannot be subsequently challenged on this ground.

4.46 The need for this development to enable the Academy to operate in a new purpose built facility on a single site does not appear to be disputed and I have concluded that the proposed siting is an appropriate one and measures have been taken to mitigate the impact on the landscape. Segregated pedestrian and cycle routes are proposed and a new vehicular access would improve safety and reduce impact on residential amenity.

4.47 Overall I consider that there are clear material considerations which indicate that planning permission should be granted.

Paul Feehily Assistant Director - Planning & Sustainability

Contact: Mrs Jane Corry, Kendal, tel: 01539 713414, email: [email protected]

Background Papers: Planning Application File Reference No. 6/11/9001

Electoral Division Identification: Ms L Hammond, Parkside

\\ccc-prdc-fp05\kendal\filing\planning\applications\barrow\2011\6119001_Barrow_Academy\6119001 report dcr.doc

Appendix 1 Ref No. 6/11/9001 Development Control and Regulation Committee – 23 March 2011

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010

Summary of Reasons For Grant of Planning Permission

1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies. The reasons for granting planning permission are that the County Council is of the opinion that the need for the facility is a material consideration which outweighs any conflict with the development plan. It is considered that the applicants have demonstrated that the siting of the proposed Academy is an appropriate one. Its impact on residential amenity is minimial and any harm to the open character of the site has been minimised in the design of the new building, landscaping and use of materials.

2 The key development plan policies taken into account by the County Council before granting permission were as follows:

Barrow Borough Local Plan Review 1996-2006

Policy D26

Open areas will be protected from development where they:

a) Are important to the appearance and character of housing areas or settlements; or b) Are used as amenity areas by the public

Policy D21

In determining all applications submitted to it the local planning authority will have regard to the General Design code set out in the Plan.

In towns and villages, proposals shall relate to the context provided by buildings, street and plot patterns, building frontages, topography, established public views, landmark buildings and other townscape elements. Proposals that do not respect the local context and street pattern or the scale, height, proportions and materials of surrounding buildings and development which constitutes over development of the site by virtue of scale, height or bulk will not be permitted, unless there is specific justification, such as interests of sustainability, energy efficiency or crime prevention.

Policy C7

Proposals for multi-use games areas or all-weather kick-about areas with floodlighting will be approved where they are situated in the built up areas of town and villages and residential amenities would not be adversely affected.

Cumbria and Lake District Joint Structure Plan 2001-2016 (Saved Policies)

Policy ST5

This policy supports new development in the Key Service Centre of Barrow so long as the scale of the development is appropriate to the size and the role of the Key Service Centre.

Regional Spatial Strategy

Policy DP 2 Promote Sustainable Communities

Building sustainable communities – places where people want to live and work - is a regional priority in both urban and rural areas. Sustainable Communities should meet the diverse needs of existing and future residents, promote community cohesion and equality and diversity, be sensitive to the environment, and contribute to a high quality of life, particularly by:

. fostering sustainable relationships between homes, workplaces and other concentrations of regularly used services and facilities; . taking into account the economic, environmental, social and cultural implications of development and spatial investment decisions on communities; . improving the built and natural environment, and conserving the region‟s heritage; . improving the health and educational attainment of the region‟s population, reducing present inequalities; . promoting community safety and security, including flood risk (see map 2.11); . encouraging leadership, joint working practices, community consultation and engagement; . reviving local economies, especially in the Housing Market Renewal Areas and other areas in need of regeneration and housing restructuring; . integrating and phasing the provision public services (including lifelong learning) and facilities to meet the current and future needs of the whole community, ensuring that those services are conveniently located, close to the people they serve, and genuinely accessible by public transport; . promoting physical exercise through opportunities for sport and formal / informal recreation, walking and cycling.

Policy L1 Health, Sport, Recreation, Cultural and Education Services Provision

Plans, strategies, proposals and schemes (including those of education, training and health service providers) should ensure that there is provision for all members of the community (including older people, disabled people and the black & minority ethnic population) for:

5. the full spectrum of education, training and skills provision, ranging from childcare and pre-school facilities, through schools, to further and higher education and to continuing education facilities and work-related training; 6. health facilities ranging from hospitals down to locally based community health facilities; and 7. sport, recreation and cultural facilities.

In doing so they must take account of the views of the local community (including service users) and carry out an assessment of demographic, sporting, recreational, cultural, educational, skills & training and health needs in local communities. Furthermore, they should ensure that accessibility by public transport, walking and cycling is a central consideration.

Particular attention should be given to improving access to and addressing spatial disparities in service and facilities provision, in areas which have the greatest needs (in terms of poverty, deprivation, health and education inequalities, rural service provision), or where communities or the local economy are poorly served.

Proposals and schemes, for all major developments and regeneration schemes, and especially for housing, employment or mixed uses, should ensure appropriate health, cultural, recreational, sport, education and training provision from the outset including for example Children‟s Centres and SureStart Initiatives.

Policy EM 18 Decentralised Energy Supply

Plans and strategies should encourage the use of decentralised and renewable or low-carbon energy in new development in order to contribute to the achievement of the targets set out in Table 9.6 and 9.7a-c. In particular, local authorities should, in their Development Plan Documents, set out:

1. targets for the energy to be used in new development to come from decentralised and renewable or low-carbon energy sources, based on appropriate evidence and viability assessments; and 2. the type and size of development to which the target will be applied.

In advance of local targets being set, new non residential developments above a threshold of 1,000m² and all residential developments comprising 10 or more units should secure at least 10% of their predicted energy requirements from decentralised and renewable or low-carbon sources, unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable.

Appendix 2 Ref No. 6/11/9001 Development Control and Regulation Committee – 23 March 2011

PROPOSED SCHEDULE OF CONDITIONS

TIME LIMITS

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

Reason: To comply with Section 91 of the Town and Country Planning Act 1990

APPROVED DOCUMENTS

2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following:

a. The submitted Application Form – dated 14 December 2010 b. Acoustic Report - BA_(REP)U002 c. Arboricultural Report - CS-031231-06-01A d. Archaeological Report - 10-09 e. Bat Survey f. Construction Method Statement g. Desktop Survey - GB20063-01 h. Environmental Summary Report - FA-KC-SCR-001 i. Extended Phase 1 Habitat Survey - FINAL j. Feasibility SI Plan - GB20063-B-01 k. Feasibility Site Investigation - PN092123 l. Flood Risk Assessment - CS-040512 m. GI Interpretative Report - GD20544-01 n. Noise Survey - 090924 REP 02A o. Renewable Energies Feasibility Study - BA_BDP_RPT_3657_M01 p. Reptile Report q. Site Investigation Report - 01375AA r. Transport Assessment - CS031231-07 s. Travel Plan - CS-031231-07 t. Tree Retention Plan - PRK_01_REV0 u. Design and Access Statement v. Planning Statement w. Biodiversity & Mitigation Report – as amended x. Biodiversity & Mitigation Plan – as amended y. Road Safety Audit - 2010-92 z. Archaeology Rapid Site Inspection Report - L10318 aa. Landscape & Visual Impact Assessment - FA_(RPT) L001 bb. Air Quality Assessment cc. Addendum to Ground Investigation (Gas) dd. Plans numbered: (i) Site Location Plan - FA (01) A001 (ii) Topographical Survey - FA (01) A002 (iii) Site Plan - FA (01) A005 (iv) GA Ground Floor Plan - FA (05) A001 Rev. A (v) GA First Floor Plan - FA (05) A002 Rev. A (vi) GA Second Floor Plan - FA (05) A003 Rev. A

(vii) GA Roof Plan - FA (05) A004 Rev. A (viii) Proposed Elevations 1 of 3 - FA (06) A001 Rev. A (ix) Proposed Elevations 2 of 3 - FA (06) A002 (x) Proposed Elevations 3 of 3 - FA (06) A003 (xi) Bay Elevation & Section - FA (06) A004 (xii) Site sections (xiii) Site Wide Security Strategy - FA (9-)_L002 (xiv) BB98 Area Analysis - (9-)_L003 (xv) Detailed Area 1 of 4 - FA (9-)_L004 (xvi) Detailed Area 2 of 4 - FA (9-)_L005 (xvii) Detailed Area 3 of 4 - FA (9-)_L006 (xviii) Detailed Area 4 of 4 – FA (9-)_L007 (xix) Illustrative Masterplan - FA (9-)_L008 Rev. C (xx) Rendered Masterplan in Context - FA (9-)_L009 (xxi) Foul and Surface Water Drainage Sheet 1 - FA (9-) C001-B (xxii) Foul and Surface Water Drainage Sheet 2 - FA (9-) C002-B (xxiii) Site Wide Vehicle Tracking - FA (9-) C021- Rev. C (xxiv) Highway Works General Arrangement - FA(9-) C100-A (xxv) Exterior Lighting LUX Levels - FA (63) E100 (ee) The details or schemes approved in relation to conditions attached to this permission. (ff) This Decision Notice

Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

ARCHAEOLOGY

3. No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Planning Authority.

This written scheme of investigation will include the following components: i) An archaeological evaluation; ii) An archaeological recording programme the scope of which will be dependant upon the results of the evaluation.

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains.

4. Where4 appropriate, an archaeological post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store, completion of an archive report, and submission of the results for publication in a suitable journal as approved beforehand by the Local Planning Authority shall be carried out within two years of the date of commencement of the hereby permitted development.

Reason: To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development.

LAND DRAINAGE AND CONTAMINATION

5. The5 development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment dated 15 December 2010 and the following mitigation measures detailed within the Flood Risk Assessment prior to the building being occupied:

a) ensure that the surface water run-off generated by up to a 1 in 100 year critical storm plus climate change will be contained within the site and therefore not increase the risk of flooding off-site. b) discharge rates to the public sewer to be approved in writing by the Local Planning Authority

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to ensure flood risk is not increased elsewhere as a result of the development

6. Prior to the commencement of development approved by this planning permission a phase 2 site investigation and detailed risk assessment, which shall include a ground gas assessment, shall be submitted to the Local Planning Authority. If contamination is found which poses unacceptable risks, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remedial options and proposal of the preferred option(s), all works to be undertaken, proposed remediation objectives, remediation criteria and verification plan.

The approved remediation scheme shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development being brought into use. Any instances of contamination found during the course of development not previously identified shall be notified to the Local Planning Authority alongwith remediation measures which shall be implemented in full prior to the development being brought into use.

Reason: The submitted Preliminary Ground Investigation Report is based on limited information and a further assessment is required to ensure that any potential contamination on the site is satisfactorily identified and remediated.

ACCESS AND HIGHWAYS

7. Prior to the occupation of the Academy the recommendations in Section 3 of the Stage 1 / 2 Road Safety Audit dated December 2010 shall be carried out to the satisfaction of the Local Planning Authority.

Reason: In the interests of highway safety.

8. Within 6 months of the development being occupied a Travel Plan shall be submitted to the Local Planning Authority for their approval. The plan shall identify the measures that will be undertaken to encourage the achievement of a modal shift away from the use of private cars to visit the development to sustainable transport modes. The measures identified in the Travel Plan shall be implemented within 12 months of the development (or any part thereof) being occupied.

Reason: To aid in the delivery of sustainable transport objectives. To support Local Transport Plan Policies WS1, LD4 and Structure Plan Policy T31.

9. An annual report reviewing the effectiveness of the Travel Plan and including any necessary amendments or measures shall be prepared and submitted to the Local Planning Authority for a period of at least 5 years.

Reason: To aid in the delivery of sustainable transport objectives.

10. Prior4 to the occupation of the Academy the following Highway works shall be completed:

a) Modifications to the traffic light controls as detailed in the Transport Assessment dated November 2010 b) Provision of pedestrian barriers on Park Drive where the footpath links connect c) Provision of the pedestrian crossing point on Park Drive d) Removal of the existing pedestrian crossing point on Park Drive e) Provision of a right turn lane and central hatching markings on Park Drive f) Provision of school warning signs, lines and school keep clear markings on Park Drive.

Details of all works shall be agreed in advance with the Local Planning Authority.

Reason: In the interests of highway safety

11. Any5 lighting units shall be erected so that no direct rays of light from the source of illumination shall be visible to the drivers of vehicles using the highway and shall be maintained in that respect thereafter.

Reason: In the interests of highway safety. To support Local Transport Plan Policies LD7 and LD8.

12. Details5 of all measures to be taken by the applicant to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

Reason: In the interests of highway safety and to support Local Transport Plan Policies LD7 and LD8.

13. Details5 of the siting and design of pedestrian access from Lesh Lane shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the academy..

Reason: To ensure a satisfactory link into the site is provided from Lesh Lane.

SPORTS FACILITIES

14. Prior5 to the construction of the new multi-use games areas, replacement and upgraded playing field provision and indoor sports hall and associated changing accommodation as shown on drawing number F(9-) L008 (Rev C) full details of their design, specification and layout, which shall comply with Sport England Technical Design Guidance Notes, shall be submitted to and approved in writing by the Local Planning Authority. The sports facilities shall be constructed in accordance with the approved design and layout details in accordance with a timescale to be first agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of sport provision.

15. Prior5 to the commencement of development details for the phasing of development, including the provision of the sports facilities and playing pitches, and temporary replacement pitch provision to protect and ensure the continuity of the existing use (including formal community use where this exists at present and the delivery of the national curriculum for sport) during the construction period shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall ensure that the temporary replacement pitches remain at least as accessible and at least equivalent in terms of size, usefulness, attractiveness and quality and include a timetable for implementation. The development shall be carried out in accordance with the approved details.

Reason: To ensure there is a continuous provision of sports facilities during the construction period.

RENEWABLE ENERGY

16. Renewable5 energy generation capacity of at least 10% of the energy use of the development on site shall be implemented as set out in the Sustainable Energy Strategy. Amendments to this strategy shall only be made with the written approval of the Local Planning authority prior to implementation.

Reason: To provide capacity to generate a percentage of the development energy use in accordance with RSS Policy EM18.

17. The5 precise design of the energy centre and the flue gas treatment system shall be submitted to and approved in writing by the Planning Authority before construction is of the energy centre is commenced. This shall include a scheme for monitoring of the actual emissions when operational with the modelled emissions to ensure the air quality assessment is representative.

Reason: To ensure any emissions from the energy Centre are satisfactorily controlled.

LANDSCAPING AND DESIGN

18. Prior5 to occupation of the new Academy building a Site Security Management Scheme shall be submitted to the Local Planning Authority for approval. The Scheme shall include the siting and design of all boundary fencing, proposed lighting, signage and any surveillance system to be installed to secure the site. When approved the Scheme shall be implemented in full.

Reason: To ensure that site security measures are proportionate and in the interest of visual amenity.

19. Within5 6 months of the commencement of development a detailed hard and soft landscaping scheme shall be submitted for the approval of the local planning authority. The scheme shall include details of all exterior paving, walls, retaining structures, teaching areas and seating. It shall also include details of landforms, plant species, planting size, location and protection of proposed planting in accordance with the requirements of this permission. Any trees or shrubs which die or become seriously damaged or diseased within five years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed with the Local Planning Authority.

Reason: To secure the satisfactory establishment and maintenance of a landscaping scheme in the interests of local and residential amenity.

20. Within5 6 months of the commencement of development all landscape mounds including sections showing height, profile and landscaping shall be submitted to and agreed by the Local Planning Authority within six month of building works commencing.

Reason: In the interests of visual amenity in reducing the scale and massing of the building.

21. No development shall take place on the site above foundation level until samples of all external materials and finishes to be used on the academy building, including cladding for the biomass boiler stack, have been submitted to the Local Planning Authority for approval. Once approved the external finishes should be applied as detailed in the approved documents.

Reason In the interests of visual amenity.

22. 5Notwithstanding the details approved under this consent and the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 there shall be no structures erected on the roof of any building that would be visible outside the site without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity.

CONSTRUCTION

23. No5 development shall take place until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The approved Statement shall be adhered to throughout the construction period and shall includes measures to control noise, dust and prevent mud/debris being deposited on the public highway.

Reason: To ensure that no operations take place which would lead to an unacceptable impact upon the amenity of local residents.

24. Construction5 works shall not take place outside 08.00 hours to 18.00 hours Mondays to Fridays and 08.00 hours to 13.00 hours on Saturdays nor at any time on Sundays or Bank Holidays except with the written consent of the Local Planning Authority.

Reason: To ensure that no operations take place during the construction period outside normal working hours which would lead to an unacceptable impact upon the amenity of local residents.

NATURE CONSERVATION

25. The5 surveys and recommendations in the Biodiversity and Mitigation Report dated November 2010 shall be implemented in full. A further reptile survey shall be carried out in April/May 2011 to establish if reptiles are present on the site. The results of this survey shall be submitted to the Local Planning Authority for approval within one month of the survey being undertaken.

Reason: To retain and enhance habitats on the site and to ensure that protected species, if found, are satisfactorily protected.