Development Control (North) Committee TUESDAY 16TH APRIL 2013 at 5.30P.M
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Park North, North Street, Horsham, West Sussex, RH12 1RL Tel: (01403) 215100 (calls may be recorded) Fax: (01403) 262985 DX 57609 HORSHAM 6 www.horsham.gov.uk Chief Executive - Tom Crowley Personal callers and deliveries: please come to Park North E-Mail: [email protected] Direct Line: 01403 215465 Development Control (North) Committee TUESDAY 16TH APRIL 2013 AT 5.30p.m. COUNCIL CHAMBER, PARK NORTH, NORTH STREET, HORSHAM Councillors: Liz Kitchen (Chairman) Roy Cornell (Vice-Chairman) John Bailey Ian Howard Andrew Baldwin David Jenkins Peter Burgess Christian Mitchell John Chidlow Josh Murphy Christine Costin Godfrey Newman Helena Croft Jim Rae Leonard Crosbie Stuart Ritchie Malcolm Curnock David Sheldon Laurence Deakins David Skipp Duncan England Simon Torn Frances Haigh Claire Vickers David Holmes Tricia Youtan You are summoned to the meeting to transact the following business Tom Crowley Chief Executive AGENDA 1. Apologies for absence 2. To receive any declarations of interest from Members of the Committee – any clarification on whether a Member has an interest should be sought before attending the meeting 3. To receive any announcements from the Chairman of the Committee or the Chief Executive 4. To consider the report of the Head of Planning & Environmental Services on the following planning application and to take such action thereon as may be necessary: Ward Reference No Site A1 Itchingfield, DC/12/1894 Itchingfield County Primary School, The Hordens, Slinfold & Barns Green, Horsham Warnham 5. Items not on the agenda which the Chairman of the meeting is of the opinion should be considered as urgent because of the special circumstances. Paper certified as sustainable by an independent global forest certification organisation APPENDIX A/ 1 - 1. DEVELOPMENT MANAGEMENT REPORT TO: Development Management Committee North BY: Head of Planning & Environmental Services DATE: 16th April 2013 DEVELOPMENT: Demolition of existing school and erection of replacement Itchingfield Primary School and 69 dwellings (3 x 1-bed, 25 x 2- bed, 24 x 3-bed 13 x 4-bed, 4 x 5-bed) with associated access, highway and landscape works (including removal of 2 TPO (Tree Preservation Order) trees [T14 and T15 TPO ref 1031]) and temporary construction access for school SITE: Itchingfield County Primary School, The Hordens, Barns Green WARD: Itchingfield, Slinfold and Warnham APPLICATION: DC/12/1894 APPLICANT: Miss Olivia Collett, Berkeley Homes REASON FOR INCLUSION ON THE AGENDA: Category of Development RECOMMENDATION: To refuse planning permission 1. THE PURPOSE OF THIS REPORT To consider the planning application DESCRIPTION OF THE APPLICATION 1.1 This application seeks full planning permission for the demolition and rebuilding of Itchingfield Primary School on the existing school site and the construction of 69 dwellings on land to the north of Peskett Close with access from Two Mile Ash Road. 1.2 At present Itchingfield Primary School operates from two sites with the younger children being taught at the application site in Barns Green, and the older children being taught on a separate premises in Itchingfield some 1.3 miles from the Barns Green campus. At present there are 110 children taught over both sites. The proposed replacement school would be located to the north of the existing school buildings and would constitute a single storey building containing 5 classrooms, hall, community room/food technology room, music room and associated facilities. The school has been designed with facilities to accommodate a 7 classroom, 210 Contact: Nicola Mason Extension: 5289 APPENDIX A/ 1 - 2. pupil primary school; however the application seeks permission for 5 classrooms to cater for 150 pupils at this time with the potential for the two further classrooms to be added at a later stage (which would be subject to a separate application). At present there are 110 pupils attending the existing infant and junior schools. The building would be some 52 metres long from the community room in the east to the classroom in the west, and 32.6 metres wide from the hall to the classroom to the south. The building would be predominantly single storey with a mono pitch roof with a ridge height of some 5.9 metres. The proposed hall would be the highest part of the new building with a ridge height of 8.3 metres. 1.3 The proposed housing development is located to the west of the school site on a separate area of land. The proposal seeks permission for 69 open market properties on an area of 2.98 hectares. The proposed properties would consist of 2 x one bedroom maisonettes, 1 x one bedroom house, 25 x two bedroom houses, 24 x three bedroom properties, 13 x four bedroom properties and 4 x five bedroom dwellings. The dwellings would all be two storey in height, and of varying design and external appearance. There would be a mixture of detached, semi detached and terraced properties. The development would have a density of 23.1 dwellings per hectare as compared with the density in the vicinity of the site which varies from some 16 to some 26 dwellings per hectare. 1.4 The individual sites, which together form the application, are interlinked to the extent that the building of the replacement school by the applicant is reliant on the construction of the proposed dwellings. The application has been the subject of detailed negotiation in which Itchingfield Parish Council, West Sussex County Council and Berkeley Homes have been fully involved. 1.5 Prior to the submission of the application a formal Screening Opinion was required requesting that the Council consider if an Environmental Impact Assessment (EIA) would be necessary for the development. It was confirmed by the Council that a formal EIA would not be required for the development. BACKGROUND 1.6 The application was submitted in October 2012 and at that time in included an outline of the ‘Heads of Terms’ for a s106 agreement in the event that planning permission were to be granted. A summary is attached as Appendix 1. The Head of Terms identified that a sum of £350k would be payable to the Parish Council i.e. that the sum would be paid to the District Council who would then transfer this to the Parish Council. As part of the on going discussions with the applicant, the applicant was advised, in your officers view (having regard to legal advice) that the sum did not meet the three tests as set out in the Community Infrastructure Levy (CIL) which came into force on 6th April 2010. CIL is a new charge which local authorities will be empowered, but not required, to levy on most types of new development in their areas. The guidance note produced by the Communities and Local Government – ‘Community Infrastructure Levy – An Overview’ states: ‘From 6th April 2010 it will be unlawful for a planning obligation to be taken into account when determining a planning application for development: or any part of a APPENDIX A/ 1 - 3. development, that is capable of being charged, whether there is a local CIL in operation or not, if the obligation does not meet all the following tests: a) necessary to make the development acceptable in planning terms; b) directly related to the development; and c) fairly and reasonably related in scale and kind to the development. 1.7 It is important to note that the sums are required to be payable to the District Council as planning authority and that the tests must be satisfied for the sums to be secured. In the light of the question regarding CIL compliance a joint statement has been prepared by Berkeley’s, Itchingfield Parish Council and West Sussex County Council (WSCC) which sets out the means to enable the £350k to be delivered to the Parish i.e. as a lump sum grant from WSCC (£300k) and as an ‘extra’ £50k’ over and above the contributions required to the District and County Council. A copy of this statement is attached as Appendix 2. DESCRIPTION OF THE SITE 1.8 The application encompasses two distinct parcels of land. The school site is located within the built up area boundary of Barns Green to the south of Two Mile Ash Road and to the west of the Hordens. The site comprises an area of 1.3 ha and consists of a single storey school building with associated parking and playing fields. The site is surrounded by residential development, and is close to the existing village facilities. 1.9 The site proposed for residential development is located outside of the defined built up area boundary. The site is located on the northern side of Two Mile Ash Road. The site comprises a relatively flat grassed field with an area of designated ancient woodland (Parsons Brook) located along the northern boundary. A stream runs through the ancient woodland. To the eastern boundary of the site there is a railway embankment. On the western boundary of the site is the residential property Sunnycroft. Two public footpaths (ROW1613 and ROW1614) cross the site. There are a number of protected trees on the site mostly located on parts of the northern and southern boundary. 1.10 The immediate area is characterised by two storey properties with semi detached properties within Peskett Close and the Hordens, and detached and semi detached properties of varying age and style in Two Mile Ash Road to the north west. To the north and east of the site is open countryside. 2. INTRODUCTION STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990 RELEVANT GOVERNMENT POLICY APPENDIX A/ 1 - 4. 2.2 Relevant government policies are contained within the National Planning Policy Framework which was published in March and has replaced guidance contained within PPG’s and PPS’s.