007052 St Joseph's College.Pdf

No. 9 APPLICATION No. 8/2006/0326 LOCATION St Josephs College,College Road,UpHolland PROPOSAL Erection of three 5 storey apartment blocks (205 units) including associated car parking and landscaping. APPLICANT Anglo International UpHolland Ltd WARD Wrightington PARISH Upholland 8 WEEKS EXPIRE 17 MAY 2006

No. 10 APPLICATION No. 8/2006/0328 LOCATION St Josephs College,College Road,UpHolland PROPOSAL Listed Building Consent - Erection of three 5 storey apartment blocks (205 units) APPLICANT Anglo International (UpHolland) Ltd WARD Wrightington PARISH Upholland 8 WEEKS EXPIRE 01 MAY 2006

No. 11 APPLICATION No. 8/2006/0325 LOCATION St Josephs College,College Road,UpHolland PROPOSAL Erection of two 5 storey apartment blocks (75 units). APPLICANT Anglo International UpHolland Ltd WARD Wrightington PARISH Upholland 8 WEEKS EXPIRE 17 MAY 2006

No. 12 APPLICATION No. 8/2006/0327 LOCATION St Josephs College,College Road,UpHolland PROPOSAL Listed building consent - Erection of two 5 storey apartment blocks (75 units) APPLICANT Anglo International (UpHolland) Ltd WARD Wrightington PARISH Upholland 8 WEEKS EXPIRE 01 MAY 2006

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1.0 SITE LOCATION PLAN

2.0 PREVIOUS RELEVANT DECISIONS

2.1 8/04/1683 REFUSED. 01.8.05 Erection of two 5-storey apartment blocks (180 Units), one 3-storey apartment block (30 units) and 8 houses (College Farm). 8/02/0925 APPROVAL. 4.4.03. Alteration, refurbishment and partial demolition of former training/residential college to create 92 residential apartments; creation of 131 parking spaces; and erection of security lodge. St. Joseph's College. 8/02/0689 APPROVAL. 24.7.03. Creation of 27 hole golf course with clubhouse and maintenance building. St. Joseph's College. 8/02/0337 APPROVAL. 1.5.03. Conversion and extension to farmbuildings to form 8 dwelling units; provision of parking area. Knowles Farm. 8/02/0333 APPROVAL. 5.9.02. Conversion and extension to farmbuildings to form 10 mews type dwellings; provision of car parking spaces; refurbishment of existing farmhouse and erection of detached garage. College Farm. 8/01/0603 REFUSAL. 8.11.01. OUTLINE. (including details of siting & means of access) for : (a) Conversion of College, including demolitions and extensions to form hotel and conference centre with health and fitness facilities. (b) Provision of 27 hole golf course with pro-shop and driving range.

380 (c) Erection of two-storey office/workshop building. (d) Erection of 112 apartments in four 3-storey blocks (with basement parking and accommodation in roof space). (e) New entrance, driveways, gatehouse and car parking and associated landscaping. (f) Provision of a mini-roundabout at College Road/Dingle Road/Grove Road junction. St. Joseph's College.

3.0 OBSERVATIONS OF CONSULTEES

3.1 COUNTY SURVEYOR (19.4.06) - requests provision of full sized roundabout at the junction of the A577/Dingle Road, Grove Road, College Road and traffic calming measures along College Road. Also requests public transport contribution of £10,350.00

3.2 EXECUTIVE MANAGER COMMUNITY SERVICES (12.4.06) - adjoining landfill site generating landfill gas. Recommend applicant undertakes survey over 6 months to assess if gas is entering or likely to enter the application site.

3.3 EXECUTIVE MANAGER COMMUNITY SERVICES (11.7.06) - verbal comment - survey work is not required if applicant is minded to incorporate measures in the design and construction of the building to protect against migration of landfill gas.

3.4 LANCASHIRE COUNTY COUNCIL (COUNTY ECOLOGIST) (19.5.06) - requires further survey work in respect of the presence of bats, great crested newts, badgers and birds prior to the decision being made.

3.5 L C C (PLANNING) (20.4.06) - proposal contrary to policies 5 and 12 of the joint Lancashire Structure Plan in that the proposal is not required to meet an identified local need for housing and there is sufficient residential planning permissions to meet the District Council's housing requirements at present time. Requests the contribution of £258, 750.00 towards transport improvements.

3.6 UNITED UTILITIES (19.4.06) - no objection in principle. If surface water is to be discharged into public sewerage system the flow should be attenuated to maximum discharge rate of 20L/S.

3.7 ENGLISH HERITAGE (4.5.06) - accept in principle the intended level of demolition. The Local Planning Authority must satisfy itself that the demolition is justified and in accordance with PPG15. Also need to be satisfied that the proposed enabling development is justified. Concerned that the new H block development will be overbearing and potentially detrimental to the setting of the listed building due to its footplate, height, and scale and massing. Considers there is insufficient information.

3.8 SPAB (3.4.06) - as the listed building appears to be entirely Victorian in date it is outside the SPAB period of interesting casework. Therefore do not wish comment.

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4. OBSERVATIONS OF PARISH COUNCIL

4.1 UP HOLLAND PARISH COUNCIL - strongly object to the proposal on the following grounds:

- enabling development in Green Belt not warranted as building does not merit retention. - proposal conflicts with Green Belt policy and housing moratorium. - development would have a major impact upon Up Holland's infrastructure. - detrimental impact of traffic from development on the Up Holland Conservation Area and road capacity. - serious concerns regarding impact of increased traffic on existing traffic safety problems on Stoney Brow and Roby Mill. The length of road from the site to and including Appley Lane North has been flagged up by LCC and given priority status on account of the high killed and seriously injured ratio.

5.0 OTHER REPRESENTATIONS

5.1 I have received a total of 296 letters of objection from people living in Roby Mill and a further 28 letters of objection from people living outside this area including a number of people living outside the district. The reasons for objection are as follows:

- the development within Green Belt - contrary to residential moratorium and does not fall within any of the exempted categories - the local infrastructure already overloaded - increased traffic danger - contrary to policy as it would destroy/harm wildlife habitat - detracts from the area which is of nature conservation of historic importance and has visual amenity - development not for affordable housing - development outside of the boundary for enabling development accepted in the Skelmersdale and Eastern Parishes Local Plan - proposal opens the door for a further massive development on the site - development will not meet needs of local area or enhance the attractiveness of the area. - loss of landscape - as previous planning applications have been refused for consistency this should also be refused - no enabling development should be allowed as the developer knew the condition of the property when he bought it - the development will result in a significant increase in the population of Up Holland.

7. SUPPORTING INFORMATION

7.1 The applicant has submitted a substantial body of supporting information including a financial assessment, traffic impact statement and a planning statement and these are all available for inspection at the Council's offices or on the Council's website.

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8.0 OBSERVATIONS OF EXECUTIVE MANAGER PLANNING AND DEVELOPMENT SERVICES

8.1 This application seeks planning permission for residential development on parcels of land located within the grounds of St. Joseph's College and the adjacent College Farm.

8.2 St. Joseph's College building comprises a substantial former seminary for the training of Roman Catholic clergy, which is thought to date from the early 1880's with substantial additions built during the 1920's. The main parts of the building are constructed with solid stone walls beneath slate roof sections and include various architectural features such as towers, stone mullion windows and other stone detailing. The building is constructed around a central quadrangle/courtyard, together with an annexe, chapel and other later additions to the west. The buildings are mainly constructed over three and four storeys and include substantial basement areas.

8.3 Internally, the building has been partly stripped of fittings, but retains original features such as Oak detailing, leaded and opaque glazed windows and original alters.

8.4 The college site also includes two former farms, namely College Farm which is located to the south west and Knowles Farm located to the north east. College Farm comprises a detached stone built former farmhouse, stone built former farm outbuildings with a U-shaped floor plate which is currently being converted to 10 houses and a group of basic former agricultural outbuildings. Knowles Farm comprises a detached stone built former farmhouse, together with an L- shaped barn, which is currently in the process of being converted to 5 houses. Both College Farm and Knowles Farm are separately accessed off College Road and Stoney Brow.

8.5 The buildings occupy a substantial site, which is of an irregular shape and extends from College Road to Mill Lane and from Hallbridge Gardens to Farley Lane. The site includes two small lakes, a 9 Hole Golf Course, playing fields, areas of woodland and farmland.

8.6 There are a number of significant policy considerations which apply to this proposal, these being, the site is within the Green Belt, the grounds of the College are designated County Biological Heritage Sites, the woodlands are subject of Tree Preservations Orders and both the College building and College Farm farmhouse are Grade II Listed Buildings and finally, the Council's Housing Moratorium.

8.7 Members will note from the list of Previous Relevant Decisions that a number of planning applications have been submitted relating to the St. Joseph's site the most relevant being the decision to grant planning permission and Listed Building Consent for the conversion of the College building into 92 residential apartments and the decisions to convert the farm buildings at College Farm and Knowles Farm into residential units.

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8.8 Members will be aware that both previous and new owners of the site have continually argued since the College closed that the restoration and re-use of the building and site could not be achieved without the benefit of some form of enabling development. The concern that the Council has had in the past is that the level of enabling development stated as being necessary has continually changed with no clear financial appraisal or evidence supported to support the alleged need. The submission of a detailed financial appraisal has however never been possible to achieve in the past, as there were no detailed planning proposals for the use of the College building. Consequently proposals for enabling developments were based on estimates and assumptions rather than clear quantifiable costs and values.

8.9 The grant of planning permission for the conversion of the College buildings into 92 apartments has enabled the Developer to carry out a detailed financial appraisal. This appraisal has concluded that the scheme is not financially viable without the need for enabling development.

8.10 Following completion of this assessment, the Developers submitted a planning application for proposed enabling development comprising the erection of two five-storey apartment blocks comprising 100 units and the erection of 9 houses at College Farm and 10 houses at Knowles Farm. The total floor area of the new buildings amounted to 405,372 square feet (33,660m²).

8.11 Advice relating to consideration of planning applications for enabling development in association with the restoration works to listed buildings is contained in English Heritage Publication 'Enabling Developments and the Conservation of Heritage Assets'. English Heritage in their publication acknowledges that the vast majority of heritage assets such as St. Joseph's only survived because they are capable of beneficial use and that in order to achieve this some form of enabling development may be required. English Heritage set out a number of criteria against which they believe enabling developments should be assessed which include the following:

• The enabling developments will not materially detract from the archaeological/architectural/historic or landscape interest of the asset, or materially harm its setting.

• The enabling developments will secure the long-term future of the heritage asset.

• It is demonstrated that the amount of enabling development is the minimum necessary to secure the future of the heritage asset, and that its form minimises disbenefits.

• The value or benefit of the survival or enhancement of the heritage asset outweighs the long-term cost to the community i.e. the disbenefits of providing the enabling development.

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8.12 Given the significant nature of the proposals the Council, following consultation with English Heritage, engaged the services of Consultant International Property Advisers with relevant experience in accessing schemes of this nature in terms of the costings and marketing issues. The Consultants were asked to provide advice on three main issues :

• Are the costings submitted realistic?

- The consultants concluded they were.

• Are the calculations of the amount of enabling development necessary to meet the conservation deficit realistic in terms of assumptions about building costs, end values, profit levels and so forth, bearing in mind the inherent risks in all developments?

- The Consultants approach differed from the applicants in three areas that is, they excluded (as recommended by English Heritage) the site acquisition costs; they reduced developers profit from 23% to 17% (again in line with English Heritage advice; and they excluded inflation on construction costs.

• Is the amount of enabling development proposed the minimum necessary to secure the future of the heritage asset?

- Given the above, the Consultants concluded that the size of the enabling development required to fund the restoration and re-use and St. Joseph's College would be in the region of 290,465 square feet (26,985 sq.m²) a reduction of 28.3% on the submitted scheme. The Consultants however also concluded that the size of the units proposed by the applicant i.e. between 2,067 square feet (192m²) and 6,258 square feet (581m²) was too large and were unconvinced that there would be a market of purchasers for apartments of this size and therefore recommended that the average apartment size be reduced to 1,350 square feet (125m²). Consequently, although their report suggested a substantial reduction in the total floor area of the proposed buildings, reducing the floor area of each individual apartment results in an increase in the actual number of units to 215.

8.13 Following completion of this assessment exercise and the publication of the Consultant's report, the applicants agreed to revise their proposals to accord with the Consultant's recommendations. They also proposed further changes to the design and layout of the scheme to reduce the impact of developments upon existing trees within the site and the setting of Knowles Farm, itself a Grade II Listed Building. These revisions amounted to a significant change to the submitted proposal and consequently the application was withdrawn and a new revised application submitted. This application is before you now.

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8.14 The issues to consider in respect of this application can be summarised as follows:-

• Is there a need for the proposed development to secure the restoration and long-term re-use of St. Joseph's College;

• The impact upon the setting of the Listed Building and its historic gardens;

• Impact upon trees within the site;

• Impact upon the Biological Heritage Site;

• Impact on road safety

• Is the design and external appearance and layout acceptable in site planning terms;

• Impact on the Green Belt

• The current Housing Moratorium

8.15 In assessing planning application 8/2004/1683 I concluded the following:

- there was a need for enabling development to secure the long-term retention and reuse of St Joseph's college - for any form of enabling development is likely to result in some loss of the openness of the Green Belt - the development would not have a detrimental impact on the character and setting of the college building - the development did not have a detrimental impact on the Biological Heritage Site - the design, external appearance and landscape proposals were acceptable; and - that the development would not compromise highway safety.

8.16 However, whilst I have a desire to secure the future and long term reuse of St Joseph's College I judge that the scale of the development together with the layout which involved significant expansion of the built development on to undeveloped land would have a significant urbanising impact on the area. Consequently, I concluded that on balance the impact of development upon the openness of the Green Belt outweighed the benefits arising from the scheme and recommended refusal for this reason. The application was also refused on the basis that the proposal was contrary to the Council's housing moratorium. This decision is now subject of an appeal which is scheduled to be heard in October this year.

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8.17 The applicant has submitted two planning applications for listed building consent. Planning applications are mutually exclusive in that the proposals overlap each other. Planning application 8/06/0325 seeks permission for the erection of two 5- storey apartment blocks (75 units) (buildings A and B) and application 8/06/0326 seeks planning permission for the erection of three 5-storey apartment blocks (205 units) (buildings A, B and 1). The applicant's case is that the comprehensive application for 205 units is the minimum required to facilitate the complete implementation of planning permission for the renovation and conversion of the college into 92 apartments. The smaller scheme for buildings A and B is effectively a fall back position should the Council not feel able to approve the comprehensive scheme. It should be emphasised that the fall back scheme would only facilitate partial renovation and reuse of the college building.

8.18 Other schemes seek to overcome my previous concerns regarding the impact of the development on the openness of Green Belt.

8.19 The issues to consider in respect of this application as previously, can be summarised as follows:

- is there a need for the proposed development to secure the restoration and the long-term reuse of St Joseph's College; - the impact upon the setting of the listed building and its historic gardens; - impact upon trees within the site; - impact upon the Biological Heritage Site; - impact on road safety; - is the design and external appearance and layout acceptable in site planning terms; - impact on the Green Belt; - the current housing moratorium.

8.20 Need

The advice from English Heritage is that whilst enabling development is an established and useful tool to secure the future of a heritage asset it will only be justified if it is demonstrated that the amount of enabling development is the minimum necessary to secure the future of that objective. In this instance, the Council's Consultants concur with the developer that enabling development is required to secure the long-term re-use of St. Joseph's College. Whilst the level of enabling development has been viewed as excessive in respect of previous schemes, this current proposal is in accordance with the minimum level of development identified as being necessary by the Council's Consultants to achieve a viable scheme. I therefore conclude that the need for the development has been proven.

8.21 Impact on the setting of the listed building

The previous refused planning application (8/04/1683) incorporated the erection of the three detached buildings positioned on former playing fields, tennis courts and open land within the college site. The proposed development effectively

387 extended built form of development from the existing college building to land adjacent Noels Farm to the north. In this submission the applicant proposes a more compact form of development. This comprises the demolition of existing structures on the site which were later additions to the college and are of limited architectural value. The listed building consent has already been granted for the removal of these buildings in previous years. The scheme also incorporates the erection of two extensions to the college (buildings A and B) and the erection of a detached block upon the former tennis court to the north of the college building (building 1).

8.22 Building A has maximum dimensions of 117 metres x 20 metres is 5 storey in height and located to the north of the college building. The extension will not occupy the exact footprint of existing buildings on the site which will be demolished on this elevation. This is an approach agreed with my officers as it has benefits in terms of the appearance and setting of the main college building. The proposed position will ensure that whilst it is attached to the building it will nevertheless be seen as being more separate and will not be viewed in the same context as the main elevations of the existing college buildings. The east elevation (front) shows the building as being quite distinct from the principal college elevations and the design appears sympathetic in scale, form and detail.

8.23 The erection of building A will result in the loss of some existing trees located in close proximity to the college building, but the building will still be contained by a narrow belt of trees which provide screening and prevent more open views of the new extension.

8.24 Building B will essentially occupy the footprint of an existing extension to the college which is to be demolished. Whilst the proposed building is more substantial in scale and form than the existing, it nevertheless makes architectural sense in that it relates well to the rest of the college buildings and incorporates a design that is sympathetic to the main college building yet modern in conception with the detailing drawing a clear distinction between the old and new part of the building without harming the overall integrity of the built form.

8.25 Overall I consider that the proposed new buildings A and B would be unlikely to harm the monumental scale and character of the college buildings.

8.26 The third apartment block (building 1) is again 5 storey in height. The building is in the form of an H comprising two main blocks measuring approximately 117metres x 18 metres linked in the centre. The block is located on the former tennis courts located to the north of the main college building. Separation distance between the proposed building and the main northern wing of the college building is approximately 110 metres. The site of building 1 is approximately 3 metres lower in ground level than that of the college and the site is surrounded by substantial tree belts. These characteristics result in views into the site being largely limited. I consider the combination of the separation distance, and the significant tree belts and the lower ground levels all combine to ensure that the proposed development will be effectively screened and would not detract from the character or setting of the main college building.

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Impact on Trees and Biological Heritage Site

8.27 St. Joseph's College contains a substantial number of woodland trees which are a significant characteristic of the site. Many previous applications for enabling development were unsatisfactory in that proposed buildings and associated works significantly encroached within the protected zones of the trees thereby prejudicing their long-term retention. This current scheme seeks to minimise the number of trees lost as a result of the proposed development. Essentially tree loss will be confined to a small group of trees located adjacent to the main College building. Importantly, significant structure planting which wraps around the site boundaries and frames the former tennis courts, playing fields and other adjacent land are unaffected. In this regard, the character of the parkland surrounding the College building will be unaffected, as will the environmental and visual benefit these trees provide for the landscape character of the wider surrounding area.

8.28 The site is designated a County Biological Heritage Site on the basis that it has in the past provided a habitat for red squirrels. This issue has been discussed with the County Council and other bodies and the applicant has provided a specialist report with previous applications which indicates that red squirrels are no longer present. In any event, as the proposal results in minimal loss of trees I do not consider that the proposal has a detrimental impact on the Biological Heritage Site.

8.29 The applicant has undertaken a number of ecological surveys relating to the site in recent years. The County Ecologist believes that further updated survey work is required in relation to bats, Great Crested Newts, badgers and nesting birds. prior to a decision being made. I note this comment, however, given the results of previous survey work which did not produce findings which would prejudice development of the site, I believe it would be appropriate to include this requirement as a condition of planning permission, should Members be minded to grant planning permission.

Site Planning Matters

8.30 The design of the proposed building incorporates the use of stonework at ground floor level, brickwork from first floor above, Eternite roof tiles, cast iron rainwater goods, feature stone bands, cast stone window heads and sills and substantial areas of glazing to core areas. The design seeks to reflect the character of the College buildings without trying to mimic or compete with it. I consider the design and external appearance to be acceptable. The applicant proposes the provision of 1.5 car parking spaces per dwelling which accords with the requirements of the County Surveyor. The buildings have been positioned to minimise the impact of development upon the existing trees and consequently there is a minimum separation distance between the buildings and the important tree belts of 14.7 metres and no development including parking spaces or manoeuvring areas is located under the canopy of the trees. Given the above, I raise no objection to the proposed apartment development in terms of design, external appearance or landscape matters.

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Highways

8.31 The applicant has submitted a detailed transport assessment in support of the application. This document takes account not only of the impact of traffic generated by the current proposal but also projected traffic movements resulting from other developments for which planning permission has been granted, i.e. the residential development at Knowles and College Farm, the 92 apartments at the College and the proposed golf course. Having reviewed this information the County Surveyor has concluded that the highway network in the vicinity of the site can accommodate the proposed development and has, therefore, raised no objection to the application. The County Surveyor has identified the need to implement some traffic safety measures at the junction of the A5209 Appley Lane North junction and this can be secured by condition if the Council is minded to approve. The County Surveyor has also recommended that the junction of College Road/Dingle Road/Grove Road be improved by the construction of a roundabout. Members may recall that this was a request of the County Surveyor during consideration of the planning application for the conversion of the College into 92 apartments but that your Committee were unconvinced of the need or the desirability of such works and determined not to make the works a requirement of the planning approval. I understand, however, that the County Surveyor is still considering the implementation of these works at the developer's expense in the event that planning permission is granted. These works can be implemented by the County Surveyor without the need for planning permission due to their role as Highway Authority and the fact that the works are contained wholly within the highway envelope.

8.32 Lancashire County Council has requested that should planning permission be granted that the developer be required to make a financial contribution of £258,750 towards transport infrastructure. This is at odds with the request for a contribution of £70,000 when consulted in relation to the previous planning application 8/2004/1683. I believe it would be unreasonable to require the developer to pay the greater figure at this stage of proceedings, in addition, the enhanced contribution merely increases development costs which has a knock- on effect on the amount of enabling development required. Should planning permission be granted I would, therefore, propose that the developer be required to make the lower contribution of £70,000 which when added to the financial obligation imposed upon planning permission for the conversion of the College building into apartments would result in a combined sum of £120,000 being made available to enhance public transport infrastructure in the local area.

Green Belt and Housing Moratorium

8.33 The site is within the Green Belt. In accordance with national guidance Local Plan policies seek to safeguard the visual amenity and openness of the Green Belt by resisting proposals for inappropriate development. New residential development is inappropriate development within the Green Belt and consequently there is a presumption to refuse planning permission unless very special circumstances exist to justify overriding the policy.

390 8.34 St. Josephs' College is a substantial Grade II Listed Building. Both the condition of the building and the grounds in which it is situated have deteriorated since the College's closure and unless a beneficial use is found and implemented it is inevitable that this process of decline will continue. In accordance with Local Plan Policies the Council has been supportive in seeking to identify and subsequently grant planning permission for beneficial use of the building. The delivery of this use, i.e. 92 apartments, will I accept, however, be dependant on the funds generated by the enabling development subject of this planning application. The Council, therefore, needs to weigh the disbenefits of the proposals, that is the erosion of the openness of this part of the Green Belt against the benefits of securing the future of this historic asset and its immediate environment. I concluded in respect of the previous planning application that on balance the scale of the impact of enabling development on the Green Belt outweighed the benefits arising from the scheme. As I have said, the applicant has sought to modify his scheme to overcome those concerns.

8.35 The Council has two planning applications to consider. The first for the erection of two extensions to the College building comprising a total of 75 units (partial enabling development). One of these buildings (Building B) will essentially occupy the footprint of an existing extension which is to be demolished. The second (Building A) will be erected, also following the demolition of existing inappropriately designed extensions to the main College building. Whilst the scale of both new buildings are larger than those which they replace, they will nevertheless be set against the backdrop of the main College buildings and be significantly screened by existing tree cover. It is my view, therefore, that these buildings will not have a materially greater impact on the visual amenity or openness of the Green Belt than the situation which currently exists. The second planning application is for permission for the total amount of enabling development deemed necessary to facilitate the complete renovation and re-use of the College building. This scheme comprises Buildings A and B (previously discussed) and the erection of an additional building (Building 1). I have already concluded that I consider that the erection of Buildings A and B would not have a materially greater impact on the visual amenity and openness of the Green Belt in themselves. In relation to Building 1, I am satisfied that the screening effect of the substantial tree belts within the site and particularly those around the former tennis courts will significantly reduce the visual impact of the development upon the surrounding area and the Green Belt. However, the erection of the building will due to its scale inevitably have a detrimental impact upon the openness of the Green Belt.

8.36 Taking a sequential approach to the areas around the College building, I feel the site upon which Building 1 is located represents the least problematic. This is largely due to the fact that, whilst discreet from the College it has been, to some extent, used by the College, has access into it and is well screened from outside the site. On this basis I believe the site probably provides the best location for a proposed enabling development, other than the extensions already referred to.

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8.37 St. Joseph's College is undoubtedly an impressive, one-off, building and whilst relatively modern in listed buildings terms it remains an iconic building for the local community. Its value as a historic building cannot be re-created if it is lost. The current proposals are the culmination of a number of years discussions relating to potential uses for the building and the site. Its sheer scale has been problematic to finding a new use which would be commercially viable. Residential use largely generates the highest returns, yet this and previous submissions have shown that even this requires substantial enabling development to cross-fund the entire restoration and renovation works.

8.38 The options that seem to be available are to allow the full scale of enabling development and thus secure the renovation and restoration and long-term reuse of the whole College building, to allow only a partial amount of enabling development and to reduce the scale of the current buildings and carry out selective partial demolition, which is likely in my view to harm the integrity/character of the building, or refuse all enabling development and leave the building in its present state. The ultimate conclusion of this latter course of action is being its likely dereliction and subsequent loss.

8.39 Having carefully considered all the matters before me, I have concluded that on balance the benefits of securing the future retention and re-use of St. Joseph's College do outweigh the harm to the openness of the Green Belt resulting from the development and in particular of Building 1.

8.40 As Members are aware the Council currently has a Moratorium on new residential development within the District. The proposed provision of 205 dwellings will clearly exacerbate the current housing over-supply in the District. However, for the reasons already outlined in this report I consider that very special circumstances do exist to justify overriding not only Green Belt policy but also the Housing Moratorium.

8.41 In summary, I consider that very special circumstances do exist to justify the grant of planning permission in respect of this development and hence my recommendation that planning permission be granted for both planning applications and their respective listed building applications.

9.0 DEPARTURE APPLICATION

9.1 In my view this proposal is a Departure from the Development Plan in that it involves a development normally inappropriate in the Green Belt. It is also my view that the proposed development would significantly prejudice the implementation of the Development Plan policies and proposals. The application should, therefore, be referred to the Secretary of State if the Council is mindful to grant approval.

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10.0 RECOMMENDATIONS

10.1 Application 8/2006/0326 :

That the decision to grant planning permission be delegated to the Executive Manager Planning/Development Services in consultation with the Chairman and Vice-Chairman of the Planning Committee subject to the Secretary of State raising no objection to the Local Planning Authority making a decision itself on the application and subject to a S106 Agreement relating to payment of a commuted sum of £70,000 to be used towards enhancement of public transport infrastructure and the agreement of a phasing plan for implementation of works.

10.2 That the planning permission be subject to the following conditions:

CONDITIONS

1. The development must be begun not later than the expiration of five years beginning with the date of this permission.

2. The development works shall be implemented concurrently with works approved under planning permission ref: 8/02/0925 and in accordance with a phasing plan which shall be submitted to and agreed in writing with the Local Planning authority prior to work commencing on site.

3. Prior to commencement of the development, full details & samples of brick tiles and stone shall be submitted to and approved in writing by the Local Planning Authority.

4. The floor shall be of a suspended concrete construction with adequate ventilation to the sub-floor space. This work shall be implemented prior to commencement of occupation of the development.

5. No oversite concrete or raft foundations shall be used in the development. Instead of oversite concrete, the area may be backfilled with inert stone chippings, tamped down and rolled flat.

6. Prior to occupation of the development a continuous gas tight membrane shall be incorporated within the ground floor construction and all cavity walls so as to seal both the floors and the cavity walls from ingress of gas.

7. Prior to commencement of the development full details of the finished levels of all parts of the site, including the floor levels of all buildings, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with those details.

8. The flow of surface water into any public sewerage system shall be attenuated to a maximum discharge rate of 201/s

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9. Before any part of the development hereby approved is commenced details of the proposed materials to be used for the surfacing of the car park shall be submitted to and approved in writing by the Local Planning Authority. The parking areas shall be surfaced in these approved materials prior to commencement of use of the development.

10. Prior to commencement of any part of the development hereby approved, including site clearance, ground preparation, or drainage works, a facility shall be provided by which the wheels of all vehicles leaving the site can be cleaned. The wheels of all vehicles leaving the site during all stages of implementation shall be cleaned so that they do not carry any mud, soil, grit or other such materials onto the public highway.

11. Within 9 months from the date when any part of the development hereby approved is first brought into use semi-mature trees shall be planted to replace each tree removed and all tree work shall be in accordance with BS. 4043 (Recommendations for transplanting semi-mature trees). All planting shall be maintained and dead or dying material shall be replaced for a period of seven years from the agreed date of planting.

12. 'With the exception of those trees shown on the approved plan'. The existing trees shall be retained and before site works commence they shall be protected with stout fencing constructed to BS5837:2005, to contain the branch spread of the trees. Such fencing shall remain and be adequately maintained for the duration of the development operations. Within this fencing no development operations may take place including the storage or dumping of materials or plant, the lighting of fires, the siting of temporary huts or the raising or lowering of ground levels. All dead or damaged existing trees specified for retention shall be replaced with trees of such size and species approved in writing by the Local Planning Authority.

13. Within the branch-spread of existing trees, the ground level shall not be raised or lowered without the prior written consent of the Local Planning Authority.

14. Prior to commencement of the development a Method Statement detailing measures to be taken during construction to protect the health of the existing trees shall be submitted to and approved in writing by the Local Planning Authority. The measures contained in the approved Method Statement shall be fully implemented during construction to the satisfaction of the Local Planning Authority.

15. Prior to the commencement of the development a scheme indicating the position of the proposed service runs, including their relationship to trees and shrubs, shall be submitted to and approved in writing by the Local Planning Authority. Such scheme shall be implemented in accordance with these details to the satisfaction of the Local Planning Authority.

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16. Prior to the commencement of the development, a survey or surveys of the site to investigate the presence of the species specified below shall be undertaken by persons or organizations that shall previously have been approved in writing by the Local Planning Authority. In the event of the surveys confirming the presence of any of these species appropriate schemes for the protection of their habitat shall be implemented in accordance with designs and timescales that shall previously have been agreed in writing by the Local Planning Authority. The species involved are bats, badgers, Great Crested Newts and breeding birds.

REASONS

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2. In granting this permission the Local Planning Authority has had regard to the special circumstances of the case and works to ensure that the enabling development delivers the renovation and reuse of the former college building.

3. To ensure that the external appearance of the building(s) is satisfactory and that the development therefore complies with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan.

4. To ensure that the development is adequately protected against the migration of landfill gas and so complies with the provisions of Policy DS1 in the West Lancashire Replacement Local Plan.

5. To ensure that the development is adequately protected against the migration of landfill gas and so complies with the provisions of Policy P.1 in the west Lancashire Local Plan.

6. To ensure that the development is adequately protected against the migration of landfill gas and so complies with the provisions of Policy P.1 in the west Lancashire Local Plan.

7. The character and location of the property are such that the Local Planning Authority wish to exercise maximum control over future development in order to comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan.

8. To ensure that the site is properly drained in the interest of local amenity and that the development, therefore, complies with the provisions of Policies GD1, EN10, EN11 and SC10 in the West Lancashire Replacement Local Plan.

9. To allow for the effective use of parking areas and to ensure that the development complies with the provisions of Policies GD1 and SC6 in the West Lancashire Replacement Local Plan.

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10. To avoid the possibility of the public highway being affected by the deposit of mud and/or loose materials thus creating a potential hazard for road users and to ensure that the development complies with the provisions of Policies GD1 and SC6 in the West Lancashire Replacement Local Plan.

11. To assimilate the proposed development into its surroundings and to ensure that the development complies with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan.

12. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

13. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

14. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

15. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

16. To safeguard a protected species and so ensure that the development complies with the provisions of Policy EN1 in the West Lancashire Replacement Local Plan.

Reason for Approval

1. The Local Planning Authority has considered the proposed development in the context of the Development Plan including in particular the following Policies in the West Lancashire Replacement Local Plan:

DS2 - Protecting Green Belt GD1 - Design of Development DE1 - Residential Development EN5 - Buildings of Historic Importance EN9 - Protection of Trees and Woodlands

396 term reuse of the listed building 'St Joseph's College'. It is considered that these special circumstances justify approval of the application as set out in the Officer's report. This report can be viewed or a copy provided on request to the Local Planning Authority.

10.3 Application 8/2006/0328 :

That the decision to grant Listed Building Consent be delegated to the Executive Manager Planning/Development Services in consultation with the Chairman and Vice-Chairman of the Planning Committee subject to the Secretary of State raising no objection to the Local Planning Authority making a decision itself on the application and subject to a S106 Agreement relating to payment of a commuted sum of £70,000 to be used towards enhancement of public transport infrastructure and the agreement of a phasing plan for implementation of works.

10.4 That the Listed Building Consent be subject to the following conditions:

CONDITIONS

1. The works to which this consent relates must be begun not later than the expiration of three years beginning with the date on which the consent is granted.

2. After the works granted under this consent are completed any damage caused to the building by the works shall be made good to the satisfaction of the Local Planning Authority.

REASONS

1. Required to be imposed pursuant to Section 18 of the Planning (Listed Buildings & Conservation Areas) Act 1990.

2. In order to preserve the special architectural or historic interest of the building and so comply with the provisions of Policy EN5 in the West Lancashire Replacement Local Plan.

Reason for Approval

DS2 - Protecting Green Belt GD1 - Design of Development DE1 - Residential Development EN5 - Buildings of Historic Importance EN9 - Protection of Trees and Woodlands

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together with Supplementary Planning Guidance and all relevant material considerations. Whilst the Local Planning Authority recognises that the proposal does not fully comply with Policies DS2 and DE1 in the West Lancashire Replacement Local Plan it feels that special circumstances exist, namely that the proposed development is essentially required to facilitate the restoration and long term reuse of the listed building 'St Joseph's College'. It is considered that these special circumstances justify approval of the application as set out in the Officer's report. This report can be viewed or a copy provided on request to the Local Planning Authority.

10.5 Application 8/2006/0325 :

10.6 That the planning permission be subject to the following conditions :

CONDITIONS

1. The development must be begun not later than the expiration of five years beginning with the date of this permission.

3. Prior to commencement of the development, full details & samples of brick tiles and stone shall be submitted to and approved in writing by the Local Planning Authority.

4. The floor shall be of a suspended concrete construction with adequate ventilation to the sub-floor space. This work shall be implemented prior to commencement of occupation of the development.

5. No oversite concrete or raft foundations shall be used in the development. Instead of oversite concrete, the area may be backfilled with inert stone chippings, tamped down and rolled flat.

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8. The flow of surface water into any public sewerage system shall be attenuated to a maximum discharge rate of 201/s

13. Within the branch-spread of existing trees, the ground level shall not be raised or lowered without the prior written consent of the Local Planning Authority.

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REASONS

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

4. To ensure that the development is adequately protected against the migration of landfill gas and so complies with the provisions of Policy DS1 in the West Lancashire Replacement Local Plan.

5. To ensure that the development is adequately protected against the migration of landfill gas and so complies with the provisions of Policy P.1 in the west Lancashire Local Plan.

6. To ensure that the development is adequately protected against the migration of landfill gas and so complies with the provisions of Policy P.1 in the west Lancashire Local Plan.

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9. To allow for the effective use of parking areas and to ensure that the development complies with the provisions of Policies GD1 and SC6 in the West Lancashire Replacement Local Plan.

11. To assimilate the proposed development into its surroundings and to ensure that the development complies with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan.

12. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

13. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

14. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

15. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan.

16. To safeguard a protected species and so ensure that the development complies with the provisions of Policy EN1 in the West Lancashire Replacement Local Plan.

Reason for Approval

DS2 - Protecting Green Belt GD1 - Design of Development DE1 - Residential Development EN5 - Buildings of Historic Importance EN9 - Protection of Trees and Woodlands

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10.7 Application 8/2006/0327 :

10.8 That the Listed Building Consent be subject to the following conditions :

CONDITIONS

1. The works to which this consent relates must be begun not later than the expiration of three years beginning with the date on which the consent is granted.

2. After the works granted under this consent are completed any damage caused to the building by the works shall be made good to the satisfaction of the Local Planning Authority.

REASONS

1. Required to be imposed pursuant to Section 18 of the Planning (Listed Buildings & Conservation Areas) Act 1990.

2. In order to preserve the special architectural or historic interest of the building and so comply with the provisions of Policy EN5 in the West Lancashire Replacement Local Plan.

Reason for Approval

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DS2 - Protecting Green Belt GD1 - Design of Development DE1 - Residential Development EN5 - Buildings of Historic Importance EN9 - Protection of Trees and Woodlands together with Supplementary Planning Guidance and all relevant material considerations. Whilst the Local Planning Authority recognises that the proposal does not fully comply with Policies DS2 and DE1 in the West Lancashire Replacement Local Plan it feels that special circumstances exist, namely that the proposed development is essentially required to facilitate the restoration and long term reuse of the listed building 'St Joseph's College'. It is considered that these special circumstances justify approval of the application as set out in the Officer's report. This report can be viewed or a copy provided on request to the Local Planning Authority.

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