Agenda Item No. 4 Planning Committee

21 July 2015

Regulation 3 Application

Installation of temporary buildings to provide school accommodation fo approximately 12 months on land currently used as a public car park

Land to the south of Northbrook College, Broadwater Road, , , BN14 8HJ

Application No: WSCC/037/15/WB

Report by Executive Director of Residents’ Services and Strategic Planning Manager

Local Member: Bryan Turner District: Worthing

Executive Summary

This report relates to an application for temporary planning permission for a temporary secondary school which would accommodate 200 pupils on land known as Queen Street car park. The site is to the west of the recently approved, and currently being constructed, Bohunt Academy (formally Worthing Academy) which is due to be completed in May 2016.

The current application seeks approval for the complete works required to bring the temporary school into full use. Planning permission WSCC/040/15/WB, which was only for the initial works required to commence the temporary development, was granted on 24 June 2015 following approval by the Planning Committee on 23 June 2015.

The report provides a generalised description of the site and a detailed account of the proposed development, and appraises it against the relevant policy framework from national to local level, along with other material considerations.

The main policies of relevance to this application are policies 11, 12, 16, 17, 18 and 19 of the Worthing Core Strategy (2011); saved policy H18 of the Worthing Borough Local Plan (2003) and paragraphs 14, 17, 35, 36, 60, 61, 72, 186, 196, 197 and 203-206 of the National Planning Policy Framework (NPPF).

Worthing Borough Council has strongly objected to the development over the loss of the car park. The Environment Agency, WSCC Ecology, WSCC Drainage and WSCC Landscape raise no objection. WSCC Highways also raise no objection, but seek alternative parking areas from January 2016 onwards.

In response to public consultation, forty-two representations were received from thirty-two members of the public. Of these representations, twenty-one raise objection or concern, with twenty-one supporting the proposal. The main concerns relate to disappointment of the closure of the Queen Street car park, increased highways congestion, an increase in traffic, more on-street parking, poor quality and lack of traffic surveys, confusion regarding differences in planning applications, construction of the development and safety concerns of using the Queen Street car park as a temporary school. Those in support cite the critical need for the facilities in the short-term, that this development is only for a temporary period and is the best, most pragmatic option currently available.

Consideration of Key Issues

The main material considerations in relation to this application are whether the temporary development: • meets an identified need; • is acceptable in terms of highway capacity and road safety; and • has an acceptable impact on residential amenity and the environment.

Need for the Development

There is a clear need for additional secondary school places, and an urgent need to house pupils who have been assured a place at the permanent Bohunt Academy site adjacent. Bearing in mind the temporary nature of the proposal, the age of the pupils, and the great weight given by the NPPF for the provision of school places, it is concluded that the development is acceptable.

Impact on Highway Capacity and Road Safety

The use of Queen Street car park as a temporary school will displace free, public parking, albeit that this parking could be lost at any time if the landowner so chooses. Nonetheless, the applicant has indicated that some temporary parking would be provided on the adjacent, permanent site for residents which would address some issues. A Parking Management Strategy will be required to ensure some residential space is available after January 2016 until the temporary period expires. With only 25% of pupils and staff travelling to school by car, the impact on the highway network is not considered to be significant. It is also considered that measures could be put in place to ensure that pupils could safely cross the A24 in advance of a new crossing being provided in October/November 2015. Overall, it is considered that the proposal is acceptable in highways terms.

Impact on Local Amenity and the Environment

It is not considered that the temporary school would result in an unacceptable impact on the amenity of neighbouring residents or the environment. The two- storey buildings would be some 29 metres from the nearest residential façade, so the potential for overlooking is minimised. Smaller buildings in less frequent use would be located along the residential boundary, minimising the impact on adjacent residents. The school layout has altered so the music room no longer abuts residential properties. Overall, it is not considered the development would impact unacceptably on the amenity or privacy of residents, or the local area.

Conclusion

It is proposed to create a temporary secondary school that can accommodate up to 200 pupils and 20 staff through the erection of modular buildings on Queen Street car park. The County Council is required to meet school placing demand; a key consideration and one that is given great weight. The 12 month temporary nature of the application also receives considerable weight.

In conclusion, the development is needed and does not result in any significant impacts upon the local amenity or the environment. With regard to highway capacity and road safety, it is considered that the proposal is acceptable subject to the submission and approval of a Parking Management Strategy to mitigate the increased parking demand placed on local streets.

Recommendation

That planning permission be granted subject to the conditions and informatives set out in Appendix 1 of this report.

1. Introduction

1.1 This report relates to an application for the installation of buildings and associated works to provide a temporary secondary school on Queen Street public car park in Worthing. The school would provide temporary accommodation for pupils at Bohunt Academy until the permanent school is constructed on the adjacent site to the east. It is anticipated those works will be completed in May 2016; therefore, the temporary use is sought to accommodate 200 pupils in two year groups - years 7 and 8 (ages 11–13).

1.2 It is proposed to install fourteen modular buildings of various sizes (three being two storey in height) to enable the temporary school to open in September 2015. The modular buildings include teaching and learning spaces, staffroom, offices, a hall, kitchen/dining facilities, a library, IT server/store, changing rooms and toilet facilities.

2. Site and Description

2.1 The proposed development sits within an existing public car park located immediately to the west of Northbrook College and the currently being constructed Bohunt Academy, a new secondary school (see Appendix 2 – Site Location Plan).

2.2 The site extends to 0.23 hectares (0.57 acres) and sits within a primarily residential area some 750m north of the centre of Worthing. The existing car park provides 78 car parking spaces and is accessed between two buildings (Queen Street Church and 62 Queen Street) on the northern side of Queen Street.

2.3 To the south of the site and east of the car park access, is Queen Street Church, used during weekdays as a children’s nursery. To the west of the site is a garage compound, also used as a long access road serving the rear of semi-detached properties on Cortis Avenue. Beyond this to the west are the gardens of semi-detached dwellings on Cortis Avenue. Immediately to the north of the application site are two-storey terraced properties.

2.4 The site is not subject to any ecological, landscape or historic designations, and is not within an area at risk of flooding.

3. Relevant Planning History

3.1 Planning permission was granted on 8 October 2014 for the use of the site east of the current application site as a new secondary school, now known as Bohunt Academy (ref. WSCC/032/14/WB). Subject to conditions and informatives, that permission allowed the “Construction of a new build 900 student Secondary School. Development consists of a three storey teaching block and a two storey Sports Hall on the land South of Northbrook College, together with the demolition of an existing college building, a new external MUGA, car park and associated soft and hard landscaping works and new vehicle access.”

3.2 There is one planning application awaiting determination that seeks variations to the above permission, namely: • WSCC/031/15/WB: Variation of condition 2 (Approved plans) of permission WSCC/032/14/WB for an additional storey of accommodation above changing rooms of the approved sports hall including a dance studio, two classrooms, SEN room and vertical circulation (including a platform lift and an external fire escape stair)

3.3 Following approval by the Planning Committee on 23 June 2015, planning permission WSCC/040/15/15 was granted on 24 June 2015 for the use of Queen Street car park as a temporary school. Although that application only sought permission for the initial works required to commence the temporary development, it established the principle of the proposal.

3.4 The current application is similar to WSCC/040/15/15 although it relates to a slightly larger development that seeks to bring forward the full extent of development required for the temporary school.

4. The Proposal

4.1 Planning permission is sought for a twelve month period for the construction of a temporary secondary school until the permanent school is constructed on the adjacent site. The temporary school would accommodate up to 200 pupils and around 20 Full Time Equivalent (FTE) staff.

4.2 It is proposed to install fourteen modular buildings on existing hard-standing to provide teaching and learning spaces (general teaching, science, music and art), as well as a staffroom, office spaces, a hall, kitchen/dining facilities, a library, IT server/store, changing rooms and toilet facilities (see Appendix 3 – Proposed Site Plan).

4.3 As already noted, planning permission has already been granted for the initial works, relating to the installation of ten modular units (ref. WSCC/040/15/WB).

4.4 The key elements of the present development are as follows: • A total of fourteen modular teaching and ancillary buildings:

o Six larger (10m depth) units would be located along the eastern boundary. Three units would be double storey (6.5 metres) in height and would be used for general teaching, offices, staffroom and an ICT

(computer) room. The remainder would be single storey and would comprise a hall, a kitchen/dining room and an art/music block.

o Eight modular units along the western boundary would be smaller (3m depth), single storey (approximately 2.4 height), would provide staff and student toilet facilities, a SEN room, a meeting room, changing rooms, a library and an IT server/store. • A small play area located centrally along the western boundary; • The retention of the existing access onto Queen Street, with the creation of a pedestrian access to Northbrook College between the two larger classroom units at the northern end of the site; • A new gate and fence enclosing the site; • The provision of 15 temporary car parking spaces for residents on the permanent school site, accessed via the southern part of the site; • The provision of 20 cycle racks and a temporary bin enclosure in the south- western corner of the site.

4.5 The applicant has indicated that school sports and PE would be undertaken at the Glynn Owen Centre, some 300m south-west of the site, and Manor Sports Ground playing fields, on the opposite side of the A24 to the east.

4.5 It is proposed for the duration of the development that school staff would use car parking facilities at the Manor Sports Ground to the east of the site.

5 Environmental Impact Assessment (EIA)

5.1 The need for EIA was considered in relation to this application in accordance with the Town & Country Planning (Environmental Impact Assessment) Regulations 2011 (‘the EIA Regulations’). The development does not fall within either Schedule 1 or 2 of the EIA Regulations, so it is concluded that EIA is not required.

6. Policy

Statutory Development Plan

6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications are determined in accordance with the statutory development plan unless material considerations indicate otherwise (as confirmed in paragraph 2 of the National Planning Policy Framework (NPPF)).

6.2 For the purposes of the application, the statutory development plan is considered to comprise the Worthing Core Strategy (2011) and the Worthing Borough Local Plan (2003) (Saved Policies).

6.3 The key policies in the development plan, which are material to the determination of the application, are summarised below, and their conformity or otherwise with the National Planning Policy Framework is considered.

Worthing Core Strategy (2011)

6.4 Policy 11 of the Worthing Core Strategy (2011) seeks to retain and enhance community facilities. Policy 12 requires appropriate infrastructure to be provided to meet the needs that arise from the development. Policy 16 expects new development to demonstrate good quality architecture, landscape design and use of materials. Policies 17, 18 and 19 seek to promote Sustainable Construction, Sustainable Energy and Sustainable Travel respectively.

Worthing Borough Local Plan (2003) (Saved Policies)

6.5 Saved Policy H18 seeks to protect residential amenity, resisting development which would lead to unacceptable impacts through noise, vehicular movements, visual intrusion or loss of important open spaces

National Planning Policy Framework (2012)

6.6 The NPPF sets out the Government’s planning polices for and how these are expected to be applied. The Framework does not form part of the development plan but is a material consideration in determining planning applications, and helps guide decision-makers as to what matters are material to the decision-making process.

6.7 For the present application, the relevant paragraphs in the NPPF are considered to be as follows:

• 14 (presumption in favour of sustainable development, and approving development that accords with the development plan) • 17 (core planning principles) • 35 - 36 (Sustainable transport movements and travel plans) • 60 – 61 (appearance) • 72 (proactive approach to meeting the need for new school places) • 186 (positive decision making) • 196 (determining applications in accordance with the development plan) • 197 (presumption in favour of sustainable development); and • 203-206 (use of planning conditions)

Policy Statement – Planning for Schools Development (August 2011)

6.8 The Department for Communities and Local Government issued a Policy Statement setting out the Government’s commitment to support the development of state-funded schools. The relevant points to be taken from the statement are as follows:

• “Local authorities should make full use of their planning powers to support state-funded schools applications”; • “Local authorities should only impose conditions that clearly and demonstrably meet the tests set out in Circular 11/95.” (now PPG: Use of Planning Conditions) • “A refusal of any application for a state-funded school, or the imposition of conditions, would have to be clearly justified”.

7. Consultations

7.1 : Strongly object to the development on the grounds of the loss of Queen Street car park. However, should the application be approved, the following conditions are suggested subject to the County Council satisfactorily addressing a number of requirements: • Temporary permission for 12 months, with land then restored to its former use as a car park. • The temporary car park shown on the submitted plans shall provide for a minimum of 31 spaces, including the provision of disabled spaces, from the construction of the temporary buildings hereby approved and be available for use by the public until Queen Street car park is available for use again. • Prior to the first use of the temporary school buildings, a Travel Plan shall be submitted and approved in writing. Thereafter, the Travel Plan shall be implemented and monitored by Bohunt Trust to ensure compliance. • The music room shall be located away from the northern boundary of the site. • Reinstate height barrier if removed when car park is available for use again • Secure suitable replacement tree/hedge planting. • Reconsider the one way system for dropping off students etc. • Set up a liaison committee to include the Residents’ Association and local residents. • Ensure that the temporary parking is for residents only and investigate suitable parking enforcement.

7.2 Environment Agency: No objection comments to make.

7.2.1 WSCC Highways: Further information has been requested regarding on-street parking capacity.

7.3 WSCC Ecology: No objection subject to appropriate protection of breeding birds.

7.4 WSCC Trees: No objection subject to a condition securing a tree protection and a landscaping scheme.

7.5 WSCC Flooding: No objection subject to conditions securing foul and surface water drainage schemes.

8. Representations

8.1 The application was publicised and consisted of the erection of site notices located around the application site and neighbour notification letters. In total, forty-two representations were received from thirty-two members of the public. Of these representations, twenty-one raise objection or concern, with twenty- one supporting the proposal.

8.2 The main issues raised through objections are: • increased highways congestion and parking from increased traffic and displaced parking • disappointment of the closure of the Queen Street car park • concern over construction of the development • concern regarding safety impacts of using the Queen Street car park as a temporary school • poor quality and lack of traffic surveys • confusion regarding differences in planning applications • Work removes the ability of local people to park their cars – residents, organisations using the church (bowling clubs, music clubs, pre-school etc.); • Promise that alternative parking would be provided during building works has been broken. • High school will affect pre-school [held in Queen Street Church] by overlooking of outside play area and creation of noise. Also potential noise impact of pre-school children playing outside on high school students when in class.

8.3 The main issues raised through those in support are: • the critical need for the facilities in the short-term • that this development is only for a temporary period • is the best, most pragmatic option currently available. • Support for the provision of school places. • Only viable site to ensure academy can open and education be provided. • Inconvenience of loss of ‘private car-park’ provided to a few local residents greatly outweighed by benefits of education of local children; • Private car dealership should not have right to dedicated use of a public car- park;

9. Consideration of Key Issues

9.1 The main material considerations in relation to this application are whether the temporary development: • meets an identified need; • is acceptable in terms of highway capacity and road safety; and • has an acceptable impact on local amenity and the environment.

Need for the Development

9.2 West Sussex County Council, the applicant, is the Local Education Authority responsible for school place planning in West Sussex. The recently approved

new secondary school, the Bohunt Academy, is under construction on the adjacent site, with completion anticipated in May 2016.

9.3 However, school places have been allocated at the Academy for the school year starting in September 2015. There is, therefore, a need to provide school places for approximately 200 pupils from year groups 7 and 8 pupils (ages 11– 13) for a 12 month period. This application would consequently provide the space to accommodate and cater for these pupils and the 20 associated staff.

9.4 After 12 months, it is envisaged that the new, permanent school would be completed and ready for occupation and use.

9.5 Taking the above into account, it is considered that there is a clear need for the temporary school the proposed development would provide, according therefore with paragraph 72 of the NPPF which should be given great weight which requires a proactive approach to meeting school places.

9.6 There are no statutory requirements relating to the provision of outside space for schools, although there are guidelines that the County Council, as Local Education Authority, strives for. As with permission WSCC/032/14/WB, Manor Sports Ground to the east, which is owned by Worthing Borough Council (WBC), would still provide opportunities for sports. Furthermore, the applicant has confirmed that the nearby Glyn Owen Centre will be utilised for additional sports facilities for the duration of the temporary school.

9.7 The under-provision of play space for pupils is capable of being a material consideration. However, those attending the school would be aged 11–13 so the demand for significant play space during breaks is not as significant as it would be for younger children. Further, the use would be for a temporary 12 month period, after which time pupils would move to the permanent school.

9.8 These matters are not considered sufficient to warrant refusal, particularly when weighed against the need for school places, supported by paragraph 72 of the NPPF which states very clearly that “the Government attaches great importance to ensuring that a sufficient choice of school places is available” and that “local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement” and “give great weight to the need to create, expand or alter schools”.

9.9 Overall, therefore, it is considered that there is a demonstrated need for the temporary school places this development would provide, and that while the school would have a limited amount of play space, the pupils in attendance would be older, and it would be for a temporary period. Considering these matters against the need for school places it is concluded that there is a demonstrated need for the development.

9.10 There is a clear need for additional secondary school places, and an urgent need to house pupils who have been assured a place at the permanent Bohunt Academy site adjacent. Bearing in mind the temporary nature of the situation, the age of the pupils, and the great weight given by the NPPF for the provision of school places, it is concluded that the development is acceptable.

Impacts on the Highway Capacity and Road Safety

9.11 Queen Street car park is open to the public, free of charge, and is set amongst a network of residential streets which are not subject to controlled parking. The car park is on land owned by Worthing Borough Council. The use of the site would result in the loss of 78 public car parking spaces, and would bring 200 pupils and 20 staff to the site, with resulting traffic impacts.

9.12 The car park appears to be primarily used by local residents, students and staff at Northbrook College (north-east of the application site), and a nearby Audi showroom and workshop. It is also used in the evenings by the Queen Street Church.

9.13 The applicant has sought to minimise the impact of the loss of parking by: • Providing a minimum of 15 spaces on the permanent school site for residents and the Church between September 2015 and 4 January 2016; • Providing 20 car parking spaces for school staff at the Manor Sports Ground car park by school staff; • Securing an agreement with Northbrook College that its car park could be used by those attending Queen Street Church in the evenings to 10pm, and on weekends.

9.14 In addition, Worthing Borough Council has offered the use of Teville Gate and Manor Sports Ground to Audi.

9.15 However, only the use of the permanent site for residents parking could be secured through the planning process. The remaining measures are outside of the site boundary or not within the control of the applicant. There is, therefore, the potential that there will be increased pressure for on-street parking in the streets around the site.

9.16 Following concerns being raised by local residents and Worthing Borough Council, the applicant has agreed to increase the provision of public parking spaces on the adjacent, permanent school site from 15 to a minimum of 20. The parking would only be available from the beginning of the school term in September 2015 until January 2016, because after that date the area will be required to develop the permanent school.

9.17 WSCC Highways Officers provided a final response to the application on 18 June 2015. The key concern for WSCC Highways is the uncertainty regarding the availability of public parking throughout the development. The applicant has indicated that at least 20 parking spaces would be provided on the permanent school site between September 2015 and January 2016, at which time the area would be required for construction. WSCC Highways therefore seek reassurance that temporary parking could be provided throughout the 12 month period of the development.

9.18 A planning condition has therefore been recommended requiring the submission and approval of a Parking Management Strategy. The Strategy would need to demonstrate to the satisfaction of the County Planning Authority that at least

20 public parking spaces would be available for the duration of the permission. In addition to the implementation of the School Travel Plan, which encourages sustainable travel to and from the school, the Strategy would give certainty that some tangible measures, namely parking spaces, would be provided to reduce on-street parking pressures.

9.19 With a condition securing alternative parking from January until the end of the permission, the Highway Authority would be satisfied that the additional parking demand placed on local streets is adequately mitigated. Furthermore, the views of Highways Officers must be balanced against the fact that the car-park could be closed at any time or charging introduced. Neither of these actions would require planning permission, but they could have a similar or possibly worse impact on parking on the surrounding streets and could take place at any time.

9.20 In terms of the local impact of additional traffic and parking relating to the creation of the temporary school, the submitted Travel Plan highlights that many of the new students would gain access by means other than car. The following table sets out the results of a survey into the different travel modes of students who have requested a place at the new Academy:

9.21 This survey was of both staff and prospective pupils, with 89% replying. It can be seen that some 64% of trips will be on foot and cycle, with only 25% travelling to/from school by car (potentially 41 cars).

9.22 Further, the Travel Plan recognises the congested nature of Queen Street and that it is used as a ‘rat run'. Therefore, the proposal is to encourage the picking up and dropping off of pupils away from the school, with the final part of the journey taken on foot.

9.23 Given the relatively low numbers of anticipated car trips involved and the scope to drop off at Carnegie Road to the north of the site, Highways Officers do not consider that the new temporary school would have a significant impact on the local highway network.

9.24 A major requirement for the acceptability of the permanent school proposal (permission WSCC/032/14/WB) from a highways perspective was the need for a signalised pedestrian crossing across the A24. This was required to enable safe crossing for pupils at the beginning and end of the school day, but also to help facilitate safe crossing to the Manor Sports Ground for use of the pitches. A condition was placed on that permission to secure the details of a staggered crossing arrangement and for this to be operational prior to occupation of the

new school. The applicant has indicated that the relevant consents are being progressed to secure the crossing, but it will not be operational until October/November 2015.

9.25 In light of this, a condition is suggested to prevent access to this site from Queen Street at dropping off and picking up times (i.e. only the pedestrian access via Northbrook can be used at drop off and pick up times) until the pedestrian crossing over the A24 is operational. This will have the effect of moving any crossing of the A24 towards the Northbrook end, rather than the Queen Street end, where a crossing already exists. With this measure in place, it is considered that the proposal is acceptable.

9.26 Overall, it is considered that the proposal is acceptable in terms of its impact on highway capacity in road safety, subject to the imposition of conditions to secure a Parking Management Strategy and restricting access from Queen Street until the signalised pedestrian crossing is in place. It is therefore concluded that with, the development would not result in significant impacts on highway safety or capacity.

9.27 The use of Queen Street car park as a temporary school will displace free, public parking, albeit that this parking could be lost at any time if the landowner so chooses. Nonetheless, the applicant has indicated that some temporary parking would be provided on the adjacent, permanent site for residents which would address some issues. A Parking Management Strategy will be required to ensure some residential space is available after January 2016 until the temporary period expires. With only 25% of pupils and staff travelling to school by car, the impact on the highway network is not considered to be significant. It is also considered that measures could be put in place to ensure that pupils could safely cross the A24 in advance of a new crossing being provided in October/November 2015. Overall, it is considered that the proposal is acceptable in highways terms.

Impact on Residential Amenity and the Environment

9.28 This proposal seeks to locate a number of modular buildings on small site adjacent to residential properties. Therefore, it has the potential to result in impacts on residential amenity and the local environment.

9.29 Overlooking/Overbearing: The size of the site has meant that there are limited options for locating the units.

9.30 The applicant has attempted to minimise the impact on residential properties by locating the largest building, the two storey units, centrally within the site, maximising its distance from residential properties. The smaller modular buildings containing buildings in less constant use such as bathroom, library and changing facilities would be located along the boundary with residential properties. Given that the buildings along the common boundary would be single storey in height, and that the two-storey buildings are set back within the site, it is not considered that the development would be overbearing in relation to adjacent dwellings.

9.31 The nearest property, 28 Cortis Avenue, is less than two metres from the site boundary and would be six metres from the northern-most temporary building. The nearest two-storey unit (Building 3) is some 29 metres from residential properties. It is considered that there is sufficient separation distance between the two storey buildings and residential properties to minimise actual or perceived overlooking, particularly as the classrooms would only be in use during the day. No concerns have been raised by either residents or Worthing Borough Council with regard to overlooking.

9.32 Given the distances involved and the temporary nature of the proposal, it is not considered that the development would result in overlooking which would be detrimental to residential amenity.

9.33 Impact on the pre-school: Concern has been raised regarding the potential impact on the pre-school which operates from Queen Street Church. The closest building to the common boundary (Building 1) would be six metres away. It would be two storeys in height and would contain offices, ICT, a staff room and general teaching. It would have no windows on the side elevations so no windows at either ground or first floor level would face in the direction of the pre-school. The nearest building on the opposite side of the school site (Unit 14) would be single storey in height and would contain staff toilets. It is not considered therefore that the proposal would result in overlooking of the pre- school.

9.34 The lack of side-facing windows would also limit the potential for the pre-school to distract academy pupils during teaching time. The potential for the 11-13 year olds attending the temporary school to disturb the pre-school children with their noise is considered to be limited, and it is not uncommon for such schools to be co-located. Overall therefore it is not considered that the proposal would be detrimental to the operation of the pre-school, or to its pupils or employees.

9.35 Appearance: The larger modular buildings are to be finished a mixture of goose-wing grey and merlin grey. Brochure photographs of typical modular buildings demonstrate that they are functional in design terms and in this respect reflect its functionality and use, namely to accommodate the required number of pupils and type of spaces needed to deliver the national curriculum. While not necessarily of the highest quality design, the buildings would be temporary, and would not contribute to the street scene as they would be set well back from Queen Street. Their appearance is therefore considered acceptable and not detrimental to the visual amenity of the area.

9.36 Lighting Impacts: The modular units would require a certain level of illumination. The submitted indicative external lighting plan shows minimal light spillage onto residential properties. On this basis, the impact of lighting is considered to be acceptable.

9.37 Noise: The school would provide a full curriculum, including music lessons and assemblies. An initial concern regarding the location of the music modular unit has been overcome by moving this unit further south, away from residential properties. No concerns have been raised by Environmental Health Officers, subject to this amendment. There may be some increased noise resulting from everyday operations at the school and the presence of large numbers of people,

but it is not considered these would be significantly adverse for local residents given school hours - i.e. no evenings or weekends, and several long holidays.

9.38 Water Environment: WSCC’s Drainage Officer raises no objection to the application. Therefore, subject to the imposition of conditions requiring the submission and approval of foul and surface water schemes, the development is considered to be acceptable in terms of its potential impact on the water environment.

9.39 Trees: Two trees would be lost at the south-eastern boundary as a result of the new access arrangements, with various others requiring varying degrees of trimming and cropping. Although disappointed, WSCC’s Landscape Officer raises no objection to the development subject to protection of existing trees on site and the requirement for a landscaping scheme for the site.

9.40 It is not considered that the temporary school would result in an unacceptable impact on the amenity of neighbouring residents or the environment. The two- storey buildings would be some 29 metres from the nearest residential façade so the potential for overlooking is minimised. Smaller buildings in less frequent use would be located along the residential boundary, minimising the impact on adjacent residents. The school layout has altered so the music room no longer abuts residential properties. Overall, it is not considered the development would impact unacceptably on the amenity or privacy of residents, or the local area.

10. Overall Conclusion and Recommendation

10.1 It is proposed to create a temporary secondary school which can accommodate up to 200 pupils and 20 staff through the erection of modular buildings on Queen Street car park.

10.2 The County Council is required to meet school placing demand; a key consideration and one that should be given great weight. The 12 month temporary nature of the application also receives considerable weight.

10.3 In conclusion, the development is needed and does not result in any significant impacts upon the local amenity or the environment. With regard to highway capacity and road safety, it is considered that the proposal is acceptable subject to the submission and approval of a Parking Management Strategy to mitigate the increased parking demand placed on local streets.

10.4 It is recommended, therefore, that planning permission be granted with the conditions and informatives set out at Appendix 1.

11. Resource Implications and Value for Money

11.1 This is not a material planning consideration and cannot therefore be considered in determining this application. There will be no requirement for additional resources unless the decision is challenged and there is a requirement to defend the County Council’s position at any subsequent appeal.

12. Equality Duty

12.1 The County Council has a duty to have regard to the impact of any proposal on those people with characteristics protected by the Equality Act. Officers considered the information provided by the applicant, together with the responses from consultees and the representations made by third parties, and determined that the proposal would have no material impact on individuals or identifiable groups with protected characteristics. Accordingly, no changes to the proposal were required to make it acceptable in this regard.

13. Risk Management Implications

13.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that the determination of planning applications must be made in accordance with the policies of the development plan unless material considerations indicate otherwise. If this is not done, any decision could be susceptible to an application for Judicial Review.

14. Crime and Disorder Act Implications

14.1 This decision has no implications in relation to crime and disorder.

15. Human Rights Act Implications

15.1 The Human Rights Act requires the County Council to take into account the rights of the public under the European Convention on Human Rights and prevents the Council from acting in a manner which is incompatible with those rights. Article 8 of the Convention provides that there shall be respect for an individual’s private life and home save for that interference which is in accordance with the law and necessary in a democratic society in the interests of (inter alia) public safety and the economic wellbeing of the country. Article 1 of protocol 1 provides that an individual’s peaceful enjoyment of their property shall not be interfered with save as is necessary in the public interest.

15.2 For an interference with these rights to be justifiable the interference (and the means employed) needs to be proportionate to the aims sought to be realised. The main body of this report identifies the extent to which there is any identifiable interference with these rights. The Planning Considerations identified are also relevant in deciding whether any interference is proportionate. Case law has been decided which indicates that certain development does interfere with an individual’s rights under Human Rights legislation. This application has been considered in the light of statute and case law and the interference is not considered to be disproportionate.

15.3 The Committee should also be aware of Article 6, the focus of which (for the purpose of this committee) is the determination of an individual’s civil rights and obligations. Article 6 provides that in the determination of these rights, an individual is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Article 6 has been subject to a great deal of case law. It has been decided that for planning matters the decision making process as a whole, which includes the right of review by the High Court, complied with Article 6.

Cathryn James Michael Elkington Executive Director of Residents’ Services Strategic Planning Manager

No Background Papers

Appendices Appendix 1 – Conditions Appendix 2 – Site Location Plan Appendix 3 – Proposed Site Plan

Contact: Chris Bartlett, ext: 26946

Appendix 1: Conditions and Informatives

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 PLANS 2. The development shall not take place other than in accordance with the particulars of the application and the approved plans:

• Site Location Plan (drawing AR58299-200 Rev. B); • Proposed Site Plan (drawing AR58299-100 Rev. B); • Building 1, 2 Storey Classroom Block Plans, Elevations (drawing AR58299- 101); • Building 2 Classroom Accommodation (drawing AR58299-102); • Building 3 Classroom Accommodation (drawing AR58299-103); • Building 4 Kitchen/Dining Hall (drawing AR58299-104); • Building 5 Classroom Accommodation (drawing AR58299-105); • Building 6 Classroom Accommodation (drawing AR58299-106); • Units 10, 11, 12 Plans & Elevations (drawing AR58299-107); • Units 7&8 Shower-Drying Room Plan (drawing AR58299-108); • Units 7&8 Shower-Drying Room Elevations (drawing AR58299-109); • Unit 9 & 13 Toilet Plans (3 + 2 Toilet) Sheet 1 of 2 (drawing AR58299- 110); • Unit 9 & 13 Toilet Elevations Sheet 2 of 2 (drawing AR58299-111); • Unit 14 (3 + 1 Toilet) Elevations (drawing AR58299-113); and • School Travel Plan - April 2015 (date stamped 21 May 2015);

save as varied by the conditions hereafter or any variation thereto that may be agreed in writing by the County Planning Authority.

Reason: To secure a satisfactory development.

TIME LIMITED PERMISSION 3. The modular units identified on the drawing numbered AR58299-100 Revision B hereby permitted shall be removed from the site and the land restored to its former condition, or to a condition to be agreed in writing by the County Planning Authority, either:

a) on or before the period ending 23 June 2016; b) within three months of the unit becoming surplus to the school's needs or; c) within three months of the first occupation of any new permanent replacement accommodation;

whichever occurs soonest.

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Reason: To allow for the justification of the temporary development to be reconsidered at the expiry of the extended timeframe.

TREE SURGERY 4. Any tree surgery work required shall be carried out in accordance with BS 3998:2010: Tree Work - Recommendations (or any replacement thereof).

Reason: To protect the health and longevity of existing trees to be retained.

CYCLE PARKING 5. No part of the development shall be first occupied until the cycle parking spaces have been provided/constructed in accordance with the Proposed Site Plan (drawing AR58299-100 Revision B). These spaces shall thereafter be retained throughout the use of the site for their designated purpose.

Reason: In the interests of road safety and to provide alternative travel options to the use of the car in accordance with current sustainable transport policies.

PEDESTRIAN CROSSING 6. There shall be no access to/from the development from Queen Street between 08:00 and 09:00 in the morning and 15:00 and 16:00 in the afternoon until the new staggered signalised pedestrian crossing has been provided on the A24 (Broadwater Road).

Reason: In the interests of highway and pupil safety.

ECOLOGICAL ENHANCEMENTS 7. No removal of any tree, shrub, hedgerow or other potential bird nesting sites shall be carried out on site between March to August inclusive in any year, unless otherwise approved in writing by the County Planning Authority. Where vegetation must be cleared during the bird breeding season, a check for nesting birds by a suitably qualified ecologist will be required. Any vegetation containing occupied nests will be retained until the young have fledged. The location details of the compensatory nesting provision to be supplied to the County Planning Authority for approval prior to their erection.

Reason: In accordance with paragraphs 109 & 188 of the NPPF.

CAR PARKING 8. The temporary car park as shown on the approved Site Plan (drawing AR58299-100 Revision B) shall provide a minimum of 20 car parking spaces for public use between September 2015 until 4 January 2016.

Reason: In the interests of highway safety and capacity.

PARKING MANAGEMENT STRATEGY 9. Within two months of the date of this permission a Parking Management Strategy shall be submitted to and approved in writing by the County Planning Authority. The Parking Management Strategy shall include, but not be limited to:

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• The provision of a minimum of 20 public parking spaces for the duration of the permission; and • Alternate measures to minimise school related on street parking pressures • The potential provision of parking associated with the use of Queen Street Church Once approved, the Strategy shall be implemented in full throughout the duration of this permission.

Reason: In the interests of highway safety and capacity.

LANDSCAPING 10. Within two months of the date of this permission, a landscaping scheme shall be submitted in writing to the County Planning Authority for approval. The scheme shall provide details of all replacement planting, including species, locations, and size , replacement planting for any trees/vegetation damaged, becoming diseased, dying or removed within 5 years following planting, and an on-going management and maintenance scheme. Once approved, the scheme shall be implemented in full in a timescale to be agreed as part of the scheme.

Reason: To ensure the long term visual amenity of the site.

SURFACE WATER DRAINAGE 11. No part of the development hereby approved shall be occupied until a scheme of surface water drainage have been submitted to and approved by the County Planning Authority. Thereafter, the drainage details shall be implemented in full as approved.

Reason: To protect water quality and ensure compliance with the NPPF

FOUL WATER DRAINAGE 12. No part of the development hereby approved shall be occupied until a scheme of foul water drainage have been submitted to and approved by the County Planning Authority. Thereafter, the drainage details shall be implemented in full as approved.

Reason: To protect water quality and ensure compliance with the NPPF

SCREENING SCHEME 13. Prior to the occupation of the temporary school, a scheme shall be submitted setting out details of the size, location and type of screening to be installed along the western boundary of the site alongside the residential garages. Once approved, the scheme shall be implemented in full throughout the period of the development.

Reason: In the interests of ensuring the safety of pupils attending the school.

Informatives

A. Reason for the granting of Planning Permission:

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The proposed development meets the main material considerations in that it: • Meets an identified need; • is acceptable in terms of highway capacity and road safety; and • has an acceptable impact on residential amenity and the environment.

B. The County Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the County Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. C. The committee requests the appropriate CLC investigates the possible temporary relaxation of existing restrictions in the vicinity of the temporary school, in consultation with the Local Highway Authority.

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