Subject: Clock Mill and Custom House, Three Mill Lane, E3 3DA, 15/00243/FUL and 15/00251/LBC

Meeting date: 28 July 2015

Report to: Planning Decisions Committee

Report of: Will Steadman, Senior Planning Development Manager

FOR DECISION

This report will be considered in public

1. EXECUTIVE SUMMARY 1.1 This report considers applications for planning permission and listed building consent submitted by the East London Science School (ELSS) for the internal alteration and change of use of the Grade II listed Customs House, and the internal alteration and an extension to the time limit for the change of use of the Grade II listed Clock Mill from Use Class B1 (Business) to Use Class D1 (Non- residential Institution) to accommodate a secondary school for a maximum of 360 pupils for a temporary period up to 30 September 2018. ELSS is a free school supported by the Department for Education’s Education Funding Agency (EFA).

1.2 Since September 2013, following the Legacy Corporation’s decision earlier that year to grant planning permission and listed building consent for internal alterations and change of use to the Clock Mill, the ELSS has been operating as a secondary school attended by 211 pupils supported by 30 staff. Despite three local residents expressing concern about the suitability of the Clock Mill to accommodate a school, no complaints have subsequently been received.

1.3 Due to the size of the Clock Mill, and the expectation that a permanent site would be secured by 2015, the 2013 planning permission limited the use of the Clock Mill to 240 pupils until 30 September 2015. As a permanent site has not been secured, and the next Year 7 intake of 120 pupils is expected to attend the school in September this year, additional temporary accommodation is required for up to 360 pupils and 40 staff.

1.4 The Customs House, which is owned by the Legacy Corporation; located opposite the Clock Mill; in a poor state of internal repair and decoration; and only occasionally used by 3 Mills Studios for film sets, has been secured to provide the additional space required by the school to meet its educational programme. The internal works to the Clock Mill are limited to the erection of a single partition wall to create an additional science laboratory.

1.5 The EFA has entered into a Memorandum of Understanding with the Greater London Authority (GLA) to acquire part of the GLA owned Stephenson Street site at West Ham and construct a school as part of a process of market disposal and redevelopment. It is proposed that the ELSS will move from its temporary premises at Clock Mill and Customs House to the Stephenson Street site. As the Clock Mill and Customs House are unable to accommodate the 2016 and 2017 Year 7 intake, the EFA and ELSS will have to identify and secure further temporary accommodation for 2016 and 2017 before the Stephenson Street site is complete. Whilst a recommended planning condition limits the maximum number of pupils which can be accommodated at the site, it is recommended that a s106 obligation require ELSS and the EFA to actively pursue the alternative accommodation necessary for the year 7 intake in 2016 and 2017.

1.6 The Department for Communities and Local Government Policy Statement – Planning for Schools Development; the National Planning Policy Framework; the London Plan; the London Borough of Newham Core Strategy; and the Legacy Corporation Publication Version Local Plan (with post examination hearings modifications) all support granting planning permission for education facilities unless reasons for refusal are clearly justified.

1.7 The continued use of the Clock Mill and the change of use of the Customs House until 20 September 2018 to provide secondary school places, of which a need is identified, is considered to outweigh any concerns about the temporary loss of employment space. As the Customs House is currently vacant, in a poor state of internal repair and only occasionally used by 3 Mills Studios, its temporary change of use will not displace any existing businesses or prevent its potential to be used as employment space in the future. The use of the Clock Mill as a secondary school for the last two years has demonstrated its compatibility with surrounding uses and the investment already made in the Clock Mill and planned for the Customs House will improve their marketability as employment space when ELSS moves to its permanent home.

1.8 The proposed development involves no alterations to the building exterior and will not, therefore, alter the setting and appearance of the Customs House and the contribution it makes to the Conservation Area. As the building is in a poor state of internal repair and decoration, the proposed internal works will improve the condition of a Grade II listed building. The internal works to the Clock Mill are limited to the erection of a single partition wall. Historic England raises no objection to the proposed works or change of use.

1.9 The proposed Special Educational Needs (SEN) classrooms and office accommodation within the Customs House complies with the design guidance set out in the Department for Education’s and Education Funding Agency’s ‘Building Bulletin 103 – Area guidelines for mainstream schools’. While ELSS relies on, and will continue to rely on, the use of Three Mills Green for outdoor play space, the guidance makes clear that in line with policies that seek to increase choice and opportunity in state funded education, the guidelines will not necessarily have to be met in every case and should always be applied flexibly.

1.10 The use of the Clock Mill and Customs House by an additional 120 pupils is not considered to create any new or significant transport impacts. ELSS has been operating a School Travel Plan and the submitted Transport Assessment and School Travel Plan demonstrate that the majority of pupils and staff travel by sustainable modes of transport and include targets for further improvements. The existing car, mini bus parking/pick up/drop off, and refuse storage and collection arrangements will continue off-site through arrangements made with 3 Mills Film Studios and Tesco, as supported by the School Travel Plan.

1.11 With the exception of representations received by the River Lea Tidal Mill Trust (owners of the Grade I listed House Mill), who question the extent to which heritage issues have been fully considered; express disappointment that the House Mill is not used as an educational resource by ELSS; and request a S106 financial contribution towards the charity and its planned restoration works, no objections have been received. The request for a financial contribution is not considered to meet the planning obligations tests set out in the NPPF as they are not considered necessary to mitigate the impact of the development or make it acceptable in planning terms.

2. RECOMMENDATION 2.1 The Committee is asked to:

Application Reference 15/00243/FUL

1. Grant planning permission for the internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non-residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018 subject to:

a) The planning conditions set out at section 11 of the report; and

b) The completion of a S106 Agreement that commits East London Science School to securing additional temporary accommodation to accommodate 2016 and 2017 Year 7 intake and, if additional accommodation is not reasonably secured, to restrict as necessary the Year 7 intake at the Clock Mill and Customs House;

c) Delegating authority to the Director of Planning Policy and Decisions to make any refinements, amendments, additions and/or deletions to conditions considered reasonably necessary and to finalise the s.106 legal agreement.

Application Reference 15/00251/LBC

d) Grant listed building consent for the internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non- residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018 subject to the planning conditions set out at section 11 of the report.

SITE LOCATION

© Crown copyright and database rights 2012 Ordnance Survey 100050265

Three Mills Conservation Area and Listed Buildings

Location: Clock Mill and Customs House, Three Mill Lane, E3 3DA London Borough: Newham Proposal: Application for Full Planning Permission (15/00243/FUL)

The internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non-residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018. Application for Listed Building Consent (15/00251/LBC) The internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non-residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018. Applicant: East London Science School Agent: TP Bennett

3. SITE & SURROUNDINGS Clock Mill

3.1 The Clock Mill (1817) is a Grade II listed (1955) building owned leasehold by the Legacy Corporation. It is five storeys high and approximately 24m in length and forms part of the larger Three Mills estate acquired by the London Development Agency in 2004 and transferred to the Legacy Corporation in 2012. The building provides approximately 2279 m² of floorspace separated over five floors and divided up largely with recent partitions. The building is currently used by the East London Science School as a secondary school for 211 pupils and 30 staff.

Customs House

3.2 The Customs House (1820) is a Grade II listed (1967) building owned leasehold by the Legacy Corporation. It is a two storey former house that was probably used for excise duty in the twentieth century. Its last permanent use was as office accommodation but is now temporarily used by 3 Mills Studios as a film set. It has a modest scale and Regency character which is derived from the two storey segmental bay on the front elevation and multi-paned sash windows.

Site Context

3.3 The Clock Mill and Customs House sit either side of Three Mill Lane; the River Lea to the north and south and 3 Mills Studios to the east. Both buildings are located within the Three Mills Conservation Area and contribute to a cluster of buildings that also includes the Grade I listed House Mill and the adjacent unlisted Mill House. A residential development (Island House) is located to the west of the historic buildings. A large area of Lea Valley Regional Park Authority public open space (Three Mills Green) is located 100m north east of both buildings.

3.4 Three Mill Lane is a Grade II listed cobbled roadway that provides controlled vehicular access to Island House, the group of listed buildings and 3 Mills Studios. As Three Mill Lane provides restricted vehicular access, the primary access to the studios is via Stratford High Street and Sugar House Lane to the north. Vehicular access to the studios is controlled.

3.5 An isthmus of land separates the tidal River Lea from the River Lea Navigation. To the west of the River Lea Navigation Three Mill Lane turns into an adopted highway that provides access to a Tesco foodstore and car park. Three Mill Lane is accessed via Hancock Road, which provides connections to the A12 and A11 via Bow interchange grade separated junction. The highway arrangement at the eastern end of Three Mill Lane does not allow general traffic to turn around without entering the Tesco car park.

3.6 The River Lea Navigation forms the borough boundary between Newham and Tower Hamlets.

3.7 Bromley by Bow London Underground and Devons Road Docklands Light Railway station are located approximately 400m and 900m to the south west of the site beyond the A12. The nearest bus stops are located on Hancock Road opposite the pedestrian entrance to the Tesco foodstore and on the opposite side of the A12 at St Leonard’s Street.

3.8 The site is served directly by the 108 (Stratford – Lewisham) and 488 (Bromley by Bow – Dalston). The 108 (southbound) and 488 (northbound) routes are accessed at a bus stop located outside the Tesco foodstore. The 108 northbound is accessed outside Bromley by Bow station on the opposite side of the A12. The 488 southbound terminates at Hancock Road outside the Tesco store. The 323 276 (Stoke Newington – Newham General Hospital), 25 (Tottenham Court Road – Ilford), 425 (Stratford -Clapton) and D8 (Stratford – Crossharbour) bus routes can be accessed by a longer walk to Devas Street and Stratford High Street.

3.9 Pedestrian and cycle access from the residential community west of the A12 relies on subways beneath the A12. There are existing subways located opposite Three Mill Lane and adjacent to Bromley by Bow station.

3.10 The subway located immediately north of the station is accessible only by stairs. On exiting the subway, pedestrians are required to walk alongside the A12 before informally crossing Imperial Street and the access road to the Tesco petrol filling station before accessing Three Mill Lane. The subway located opposite Three Mill Lane is accessible via ramps and stairs and accessed from Bromley by Bow station alongside the A12 and informally crossing St Leonard’s Street.

3.11 Pedestrian and cycle access from the north, east and south is via the canal and river towpaths that flank the River Lea Navigation, River Lea and Three Mills Wall River. These towpaths provide access to existing residential communities towards and along Stratford High Street to the north and east and south west of the site along the Limehouse Cut canal.

4. APPLICATION PROPOSAL Background

4.1 The Education Funding Agency (EFA) is the Department for Education’s agency for the delivery of revenue and capital education projects. The EFA defines a free school as a school funded by taxpayers, academically non-selective and free to attend, but not controlled by a local authority. The East London Science School operates as a free school.

4.2 Free schools were introduced in 2010 to make it possible for parents, teachers, charities and businesses to set up their own schools. Free schools are an extension of the existing Academies Programme. The Academies Act 2010 authorises the creation of free schools and the first 24 free schools opened in autumn 2011.

4.3 Free schools are subject to the School Admissions Code of Practice, with the exception that they are allowed to give priority to founders' children. To set up a free school, groups submit applications to the Department for Education. Groups include those run by parents, education charities and religious groups. Ongoing funding is on an equivalent basis with other locally controlled state maintained schools, although grants to create schools are also paid. Free schools are expected to offer a broad and balanced curriculum. They are still subject to Ofsted inspections and are expected to comply with standard performance measures.

4.4 Free schools are often established in offices or other non-school premises; often without the need for planning permission for change of use under the Town and Country Planning (General Permitted Development) Order 2015. The permitted development right does not apply to listed buildings. For this to be effective, free schools do not have to conform with school design guidance as long as they can demonstrate a robust educational plan. This means that a free school may not have access to its own sports facilities or other specialist teaching areas.

East London Science School

4.5 Information about the East London Science School, including its prospectus can be found at http://www.eastlondonscienceschool.co.uk/

4.6 The school opened in September 2013 for 120 Year 7 pupils. It is now attended by 211 pupils, supported by 30 staff. When the school finds a permanent site it is expected to grow each year to 600 pupils in Years 7-11. It is also planning to open a sixth form within two years which will provide for an additional 400 students to give a total of 1000 pupils.

4.7 The Principal Designate states that all pupils will follow an academic curriculum, focusing on the sciences and mathematics but covering a broad range of subjects with the aim of giving pupils the best academic education possible, comparable with the top public schools in London.

4.8 The EFA has entered into a Memorandum of Understanding with the Greater London Authority (GLA) to acquire part of the GLA owned Stephenson Street site at West Ham to construct a permanent school as part of a process of market disposal and redevelopment.

Proposed Development (see Appendices 1, 2, 3 and 4)

Clock Mill

4.9 The application for planning permission seeks to extend the use of the Clock Mill as a secondary school until 30 September 2018. The internal works are limited to the erection of a single partition wall to create an additional science laboratory at ground floor.

Customs House

4.10 The application for planning permission seeks to a change of use of Customs House to a secondary school and the application for listed building consent is for the internal works required to support the change of use. The change of use and internal works will enable the ELSS to accept the next annual intake of 120 Year 7 pupils in September 2015. This is necessary given that the planning permission secured in 2013 to change the use of the Clock Mill to a secondary school included a condition that limited the number of students to 240 pupils. The 2013 and 2014 intake of 240 pupils means that the capacity of the Clock Mill has been reached. The ELSS expects a condition to be placed on any planning permission restricting the number of pupils to 360. This would mean that any further school expansion in 2016 and 2017 would require additional temporary accommodation and planning permission (if required).

4.11 The architect’s brief is to propose alterations to the Customs House that enables it and the Clock Mill to accommodate an additional 120 Year 7 pupils. The Design and Access Statement describes the alteration and conversion of the Customs House to provide the following accommodation arranged over two floors:

 3 Special Educational Needs (SEN) resource room  1 group meeting room  2 private office space for staff and administration  Staff and pupil toilet facilities  Storage

4.12 The proposed works to the Customs House are described as follows:

 No alterations to the exterior of the building  Removal of modern partition walls at ground (to create a larger meeting room by reducing the size of the existing boiler room) and first floor (to create a SEN classroom)  Construction of a new wall at ground floor to partition the entrance hallway from a classroom  Use of lime based (porous) plasterboard where walls and ceilings require repair and redecorate  Repair and extend coving and skirting boards where modern partition walls are removed  Concealment of existing exposed and new pipe work  Retention and repair of the original timber floors  Retention of the existing staircase with works undertaken to the balustrade to comply with Building Regulations  Retention, repair and painting of original sash windows  Upgrade ground and first floor toilets with modern sanitary ware  Raise ground floor toilet floor to create accessible toilet

4.13 The main entrance to the Customs House is located off Three Mill Lane. This provides access to an entrance hallway and the staircase. Two SEN classrooms are located on the ground and one on the first floor. An office, large meeting room, female and accessible toilets and store are also located on the ground floor. An additional SEN classroom, two offices, make toilet and storage are located on the first floor.

4.14 The proposed ground floor partition wall does not conflict with the locations of the existing structural columns. The application was amended on 26 June 2015 following a site visit with Historic England and PPDT officers at which it was agreed that an original solid wall could not be removed.

School Management Plan

4.15 The applicant has submitted a School Management Plan which describes the format of the school day with the objective of minimising pupil movement outside the building as much as possible. Pupils arrive between 08.00 and 08.30 when they attend a breakfast club held on fourth floor break out/activities space, with staff ensuring pupils do not congregate outside the building. The entrance will be closed at 08.30 after which admittance will require parental contact.

4.16 Pupils are collected by teachers and taken to registration before lessons start at 09.00 until a morning break at 11.00. The break lasts 20 minutes and takes place at Three Mills Green. Lessons resume after the morning break and before the lunch break. The hour long lunch break starts at 13:20 and involves split sittings with half the students having lunch while the other half use Three Mills Green. This use of Three Mills Green is supervised.

4.17 The afternoon session involves some students taking classes on site and some undertaking activities off site with transport by mini-bus. The minibus pick up location is between Three Mills Green and Clock Mill. Pupils will always be accompanied by two members of staff when attending afternoon activities.

4.18 The afternoon session will involve students on-site attending Computer Science, Maths or English lessons. Pupils off-site would either be at a partner sports facility or an activity organised across London based on a subject themed project. These projects will rotate every half term and pupils will spend a minimum of one afternoon a week on this over the course of the half term.

4.19 The school day will finish at 16.20 when staff will escort pupils off site and monitor their use of the A12 subway and canal tow paths. Pupils remaining on site for voluntary activities can remain in school until 17.30 at which point all pupil activities end and all pupils are escorted off site.

School Travel Plan

4.20 The applicant has submitted a School Travel Plan which incorporates objectives for encouraging safe and sustainable travel patterns, including increasing the number of pupils and staff walking to school by 2% every year; training 10 new cyclists every year and establishing a cycling proficiency scheme; and having at least 30% of pupils receiving road safety education at last once a year.

4.21 The school recently undertook a School Travel Survey which revealed that 26%, 24%, 16%, 14% and 8% of pupils travel by bus, underground, car, foot and rail respectively, with only 2% traveling by bicycle. School deliveries take place via 3 Mills Studios, including catering (one delivery per day) and refuse storage collection.

4.22 The school has access to two dedicated car parking spaces within Three Mills Film Studios and five car parking spaces within the Tesco car park (charged at a rate of £2 per day for use by staff with the proceeds donated to charity). There are also parking spaces for three minibuses which are used to take pupils on excursions off site. Secure cycle parking is provided within the Clock Mill for staff and pupils which is sufficient to meet the current demand. Parents are discouraged from dropping off/picking up as part of the school admission policy and implementation of the travel plan. On occasions when it happens they tend to use the Tesco car park as part of a linked shopping trip.

5. RELEVANT PLANNING HISTORY 5.1 On 26 June 2013 the Legacy Corporation granted Planning Permission and Listed Building Consent for the internal alteration and change of use of the existing Grade II listed Clock Mill from Use Class B1 (Business) to Use Class D1 (Non-Residential Institution) to accommodate a secondary school for a temporary period of 2 years.

5.2 The planning permission was made personal to East London Science School, time limited to 30 September 2015 and limited to maximum of 240 pupils.

6. POLICIES & GUIDANCE 6.1 Department for Communities and Local Government: Policy Statement – Planning for Schools Development (August 2011)

6.1.1 On 15 August 2011 the Department for Communities and Local Government Chief Planning Officer issued a Policy Statement on Planning for Schools Development. It states that the policy statement is designed to facilitate the delivery of and expansion of state funded schools through the planning system in response to the Government’s strong commitment to improving state education.

6.1.2 The Policy statement states that the planning system should operate in a positive manner when dealing with proposals for the creation, expansion and alteration of state funded schools and that the following principles should apply:

 There should be a presumption in favour of the development of state funded schools;  Local authorities should give full and thorough consideration to the importance of enabling the development of state-funded schools in their planning decisions;  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;  Local authorities should ensure that the process for submitting and determining state funded schools’ applications is as streamlined as possible;  A refusal of any application for a state-funded school, or the imposition of conditions, will have to be clearly justified by the local planning authority;  Where a local planning authority refuses planning permission for a state- funded school, the Secretary of State will consider carefully whether to recover for his own determination appeals against a refusal of planning permission.

6.2 National Planning Policy Framework (March 2012) (NPPF)

 Building a strong, competitive economy  Promoting sustainable transport  Requiring good design  Meeting the challenge of climate change, flooding and coastal change  Conserving and enhancing the built environment  Promoting healthy communities

6.2.1 Paragraph 72 states that the Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities. Local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement, and to development that will widen choice in education. They should:

 give great weight to the need to create, expand or alter schools; and  work with schools promoters to identify and resolve key planning issues before applications are submitted.

6.3 Regional Planning Policy

London Plan (March 2015)

Policy 2.2 London and the wider metropolitan area Policy 2.4 The 2012 Olympic Games and their legacy Policy 2.13 Opportunity Areas and Intensification Areas Policy 3.16 Protection and enhancement of social infrastructure Policy 3.18 Education facilities Policy 5.12 Flood risk management Policy 6.1 Strategic approach Policy 6.3 Assessing the effects of development on transport capacity Policy 6.9 Cycling Policy 6.10 Walking Policy 6.13 Parking Policy 7.2 An inclusive environment Policy 7.8 Heritage assets and archaeology Policy 7.15 Reducing noise and enhancing soundscapes

6.4 Local Planning Policy

London Borough of Newham Core Strategy (January 2012)

Strategic Site S07 Sugar House Lane and Three Mills Policy SP5 Heritage and other Successful Place Making Assets Policy J2 Providing for Efficient Use of Employment Land Policy J3 Skills and Access to Employment Policy SC3 Flood Risk Policy INF2 Sustainable Transport Policy INF8 Community Facilities Policy INF9 Infrastructure Delivery

London Legacy Development Corporation Publication Version Local Plan with post examination hearings modifications (August 2014)

Policy B1 Location and maintenance of employment uses Policy CI.2 Planning for and bringing forward new schools Policy BN.16 Preserving or enhancing heritage assets Policy T.4 Managing development and its transport impacts Policy T.7 Transport Assessment and Travel Plans Policy T.8 Parking and parking standards in new development Policy T.9 Providing for pedestrians and cyclists Policy S.8 Flood risk and sustainable drainage measures Sub Area Policy 4.4 Protecting and enhancing heritage assets at Three Mills Island and Sugar House Lane

6.4.1 The Legacy Corporation Publication Local Plan (Local Plan) was submitted for examination by the Secretary of State in November 2014 and hearings were held in March 2015.

6.4.2 At the time of writing this report the Local Plan, with Examination stage modifications, has been found to be sound by the Secretary of State and its adoption is due to be considered by the LLDC Board towards the end of July 2015.

6.4.3 As adoption is anticipated after the publication of this report this planning application has been assessed against the policies of the statutory Development Plan at the time of writing as well as the policies of the Legacy Corporation Local Plan.

6.4.4 Pending the formal adoption of the Local Plan, the current Local Borough policy documents referred to in this report remain the statutory Development Plan. It is noted however that the policies of the Legacy Corporation Publication Local Plan are a material consideration which now have considerable weight in planning decisions.

6.5 Other Relevant Guidance Considerations

Mayor of London Olympic Park Legacy Supplementary Planning Guidance (July 2012) (OLSPG)

6.5.1 The OLSPG supplements and applies London Plan policy by setting out the strategic priorities and long term vision for the Queen Elizabeth Olympic Park and its surrounding areas in a single spatial planning document.

6.5.2 The application site is located within the Southern Olympic Fringe sub area. The site is located within an area where the predominant land use is employment. This designation includes the entire Three Mills island currently occupied by the 3 Mills Studios. The surrounding land is promoted for mixed use and residential development, including the provision of a primary school on the opposite side of the River Lea Navigation at Bromley by Bow.

Three Mills Conservation Area Character Appraisal and Management Proposals

6.5.3 Three Mills Conservation Area was designated by the London Borough of Newham in 1971. A conservation area is defined as ‘an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’.

6.5.4 The Conservation Area is defined by the tributaries of the River Lea and the former gin distillery complex which includes the Customs House and Clock Mill, and purpose built still houses, maltings and bonded warehousing. The cobbled roadway leading from the bridge over the River Lea to the former distillery complex, flanked by the Customs House and Clock Mill is also listed and of special interest.

6.5.5 The Character Appraisal and Management Proposals for the Conservation Area describes Tidal Mills as one of four principal building types in the area and, alongside pumping stations, the most significant building type.

6.5.6 The Clock Mill is Grade II listed and described as only a shell composed of two elements. The clock tower survives from a former mid-eighteenth century mill. The main body of the mill was constructed in 1817, faced in brick and replacing the previous timber framed mill. The four storey brick mill has a welsh slate roof and four storey elevations of closely set, multi paned sash windows and a weatherboarded lucum (sack hoist) on the southern elevation. The square plan, twin drying kilns, set on the west elevation, have distinctive conical roofs and cowls. These are unusual features for a water mill and were probably incorporated into the replacement mill in 1817. This listing description makes no reference to the interior of the building.

6.5.7 The Customs House was listed in 1967 and the listing description refers to it being early C19 with yellow brick, 2 storeys with parapet, 10 sash windows (6 + 4) wide, six bays with flat gauged brick window heads, twelve paned sashes and two storey segmental bow window.

6.5.8 The House Mill is the earlier surviving mill (1776 and reconstructed in 1802) with three storey brick faced elevations, painted multi-paned sash windows and planked pitching doors. The deep plan form and steeply pitched, clay tiled roof is distinctive with unusual twin tiers of dormer windows. The mill retains its machinery internally.

7. CONSULTATION 7.1 The application was advertised by statutory site and press notices. The site notices required comments to be submitted by 5 July 2015. The press notice required comments to be submitted by 12 July 2015.

7.2 Surrounding residential, commercial and community properties were consulted, including the residents of Island House and the Three Mills Mooring Association, the River Lea Tidal Mill Trust and Tesco. Representations have been received from the River Lea Tidal Mill Trust and the following provides a summary of their response:

River Lea Tidal Mill Trust (RLTMT) (Owners of the Grade I listed House Mill)

7.3 On 8 July 2015, the RLTMT submitted the following comments:

 The Planning Statement does not recognise the history and heritage of the area and grouping of Listed Buildings including the Grade I Listed House Mill or explain how the application will contribute to the objectives of the Three Mills Conservation Area;

 The ELSS is not using the House Mill, Miller's House and Clock Mill as an educational resource for local and social history projects;

 There will be an undoubted further change in the character of Three Mills Island as a result of up to 360 children being at the school for an additional three years. If the LLDC is minded to grant planning permission RLTMT would prefer to see the period cut back by a year to 2017.

 Request a S106 contribution of £25,000 to support the RLTMT charity on the basis that a contribution of £10,000 was sought (but not secured) in response to the 2013 planning permission and the school will operate for a further three years.

7.4 The following statutory and non-statutory consultees were consulted:

London Borough of Newham (LBN)

7.5 No comments received.

London Borough of Tower Hamlets (LBTH)

7.6 No comments received

Historic England (Historic Buildings and Areas)

7.7 On 9 July 2015 Historic England raised no objection and advised that the application be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

7.8 Officers from LLDC PPDT and Historic England attended a site visit with the applicant on 18 June 2015 to understand and provide advice on the proposed internal alterations to the Customs House. The site visit resulted in the submission of revised drawings on 26 June 2015 that amended the original proposals to remove an original wall, but did not include details of the raised floor required to provide an accessible toilet or enclosed services.

Environment Agency (EA)

7.9 On 2 July 2013, the EA confirmed that it had no objection to the application for planning permission.

Transport for London (TfL)

7.10 On 6 July 2015 Transport for London made the following comments in confirming that it had no objection to the application for planning permission:

 Cycle parking provision is lower than the London Plan standards. It is accepted that the current provision is adequate to cater for existing demand as well as future demand if the cycle mode share does not change. Request that the school makes a commitment to monitor cycle usage and increase provision of parking should it approach demand. This could be secured via the School Travel Plan.

 Increases in bus, London Underground and Dockland Light Railway use are anticipated although it is accepted that the transport network can accommodate the anticipated level of trips. However, this is based on assumptions over use of the Breakfast Club. We would request that provision of this is secured on any consent to ensure that morning arrivals continue to be staggered.

Canal and River Trust (CRT)

7.11 On 6 July 2015, CRT confirmed it had no objection to the application for full planning permission and listed building consent.

Lea Valley Regional Park Authority (LVRPA)

7.12 No comments received.

8. ASSESSMENT OF PLANNING ISSUES Land Use

Education

8.1 The National Planning Policy Framework and Department for Communities and Local Government Policy Statement – Planning for Schools Development emphasises the need for local planning authorities to adopt a presumption in favour of the development of new state funded schools, with any reasons for refusal or the imposition of conditions to be reasonably justified. The principle of temporarily changing the use of the Customs House and extending the use of the Clock Mill as part of an extension to the East London Science School benefits from central government policy support.

8.2 This approach is reflected in London Plan, LBN Core Strategy and Publication Version Local Plan (with post examination hearings modifications) policies. The London Plan supports development proposals which enhance education provision and states that proposals for new schools should be given positive consideration and should only be refused where there are demonstrable negative local impacts which substantially outweigh the desirability of establishing a new school and which cannot be addressed through the appropriate use of planning conditions and obligations. The Core Strategy states that improvements to education provision will be supported and identifies education provision as an infrastructure priority.

8.3 The Local Plan states that the Legacy Corporation will work with partners to secure the expansion of existing schools. In determining planning applications, the Legacy Corporation will support schools that demonstrate the school meets an identified need for school places within the area and surrounding communities; the school is accessible safely and sustainably, by walking, cycling and public transport; the school makes adequate provision, preferably on site, for play areas and playing fields in accordance with school standards and guidance and relevant to the type of school being proposed; and where the school is proposed within temporary premises, it is demonstrated that there is a high degree of certainty that a permanent site or premises will be available at the expiry of that temporary period.

8.4 The need for additional secondary school places is demonstrated with reference to the Legacy Corporation’s Infrastructure Delivery Plan (IDP), as updated by the Schools Explanatory Note prepared for the Local Plan examinations. While the ELSS was not accounted for in the IDP the Explanatory Note provides a summary of the schools evidence and latest on schools provision within the LLDC area, with the 240 spaces provided by the ELSS accounted for as existing provision within the area. The forecast for the number of secondary places needed within the LLDC area is between 1850 and 2225 with 2,040 places either existing or planned. The provision of an additional 120 secondary school places will therefore contribute to meeting the gap between the number of existing places and the projection of need.

8.5 In establishing the acceptability of education use, it is significant that the application seeks to renew an extant temporary planning permission and ELSS has operated successfully since 2013, with no complaints or concerns raised by adjoining landowners or statutory authorities. The extent to which the school is accessible by walking, cycling and public transport is considered at paragraphs 3.7-3.11 and 8.24-8.31 of the report.

Temporary Loss of Employment Space

8.6 The NPPF (paragraph 22) states that ‘planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose’. As the Customs House has not been in employment use since it was acquired by the London Development Agency in 2004; is only intermittently used as a film set by 3 Mills Studios; and is a listed building in a poor state of repair, its temporary change of use and internal renovation for use as a secondary school would not result in the displacement of an existing business or its permanent loss as potential future employment space. Furthermore, the investment made in upgrading the internal spaces is likely to improve its prospects of being occupied as office accommodation after the ELSS has relocated to a permanent site. The same arguments apply to the extension of the use of the Clock Mill as a secondary school.

8.7 The London Plan locates the site within the Lower Lea Valley Opportunity Area where the Olympic Legacy Supplementary Planning Guidance (OLSPG) identifies preferred land uses. The site is located within the Southern Olympic Fringe sub-area and within an area which includes the 3 Mills Studios designated employment use. The remainder of the sub-area is designated for residential and mixed use redevelopment. The reference to ‘predominant land use’ suggests alternative uses may be introduced where it can be demonstrated that they contribute to or do not harm the wider regeneration objectives for the area. The continued use of the Clock Mill and the change of use of Customs House for a temporary period of time will not fetter long term regeneration objectives and the provision of additional education facilities would add to the broader convergence objectives of creating wealth and reducing poverty, supporting healthier lifestyles and developing successful neighbourhoods.

8.8 The London Borough of Newham Core Strategy locates the site within the Sugar House Lane and Three Mills Strategic Site allocation where new development is expected to include creative and cultural employment uses, residential development, community uses, supporting services and local amenity space. Specific reference is made to cultural and creative industries being retained at Three Mills. A temporary planning permission for the change of use of the Customs House and an extension to the temporary use of the Clock Mill is not considered to prejudice the long term land use and regeneration objectives to encourage employment uses within the creative and cultural industry sector. Conversely, the improvements made to both buildings are likely to increase their future marketability and occupation in accordance with long term objectives. The operation of ELSS has not adversely affected the wider Three Mills estate for film or creative employment use.

8.9 The Legacy Corporation’s Publication Version Local Plan (with post examination hearings modifications) requires proposals on employment land (outside the designated clusters) that would result in a loss of accommodation to be assessed against the proximity of incompatible uses to the existing and proposed use; the potential reuse of buildings of value for employment; relocation strategies showing how existing businesses can be accommodated; the viability of maintaining employment use within the location; the marketability of the property; and any other factors that inhibit the continuation of employment use. As demonstrated over the last two years, a secondary school for 240 pupils is compatible with the existing mix of uses that surround it. The continued temporary re-use of the Clock Mill and proposed re-use of the Customs House, and their associated internal works, will maintain and increase investment in existing listed buildings which will enhance of their value and marketability for employment use in the longer term. As the Customs House is vacant and only occasionally used by 3 Mills Studios, no existing business will require relocation.

8.10 The Customs House has been vacant or only temporarily used in association with 3 Mills Studios since it was acquired by the London Development Agency in 2004. While the use of the Customs House and continued use of the Clock Mill as a secondary school departs from planning policies seeking the retention of employment use, the education and employment benefits associated with the creation of a new school is considered to outweigh the temporary loss of vacant office accommodation. The applications will contribute to Central Government policy objectives and local education need without harming the long term regeneration objectives of the wider area.

8.11 The applications are considered to comply with paragraph 72 of the National Planning Policy Framework, Policies 2.13, 3.16 and 3.18 of the London Plan, Policies J2, J3, INF8 and INF9 of the Core Strategy and Policies B1 and CI.2 of the Publication Version Local Plan (with post examination hearings modifications).

Heritage 8.12 The application includes a Heritage Statement which considers the impact of the proposed internal alterations to the Grade II listed Customs House. The application also proposes the erection of a new partition wall within ground floor of the Clock Mill. Paragraphs 3.2 and 6.5.4-6.5.9 of this report provide a description of the Three Mills Conservation Area and the listed buildings.

8.13 As no external works are proposed to the Customs House or the Clock Mill, the external fabric of the listed buildings will not be affected and the character and appearance of the Conservation Area will be preserved.

8.14 To enable the Custom House to provide secondary school accommodation, internal alterations are proposed to the ground and first floor. The internal alterations have been minimised to ensure all the original features, walls, windows and doors are retained and/or restored. The demolition plans propose the removal of only non-original internal partition walls which do not form part of the original building fabric. The removal of these walls, alongside the general repair of walls, floors and ceilings as described in the Heritage Statement will enhance the character and appearance of the listed building and make it more attractive to future occupiers.

8.15 Following submission and a site visit involving Historic England and PPDT officers, the application was amended to retain an original wall at first floor. The revisions do not, however, provide details of the raised floor required to create the accessible toilet or the approach to concealing services. It is recommended that a planning condition be imposed that requires these details to be submitted and approved prior to the commencement of those works. The principle of the works are not so significant as to be likely to cause harm and can be reasonably dealt with by condition.

8.16 To enable the Clock Mill to accommodate an additional classroom a new partition wall is proposed within the ground floor. The internal alteration has been minimised and all the original features are maintained.

8.17 Historic England raises no objection to the proposed internal alterations to the Customs House and Clock Mill.

8.18 The application has been considered against the requirement of S16 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving the building or its setting or any features of special architectural interest which it possesses. The application is considered to be in accordance with the National Planning Policy Framework, Policies 7.8 and 7.9 of the London Plan, Policy SP5 of the Core Strategy and Policies BN.16 and 4.4 of the Publication Version Local Plan (with post examination hearings modifications).

Design and Access

8.19 The applicant has submitted a Design and Access Statement which describes the accommodation brief, the proposed internal alterations, proposed layout of accommodation and associated room schedules for the Customs House (229m² GIA) and Clock Mill (495m² GIA). The existing and proposed floor plans are also attached at Appendix 1.

8.20 The conversion of the Customs House for use as Special Educational Needs (SEN) classroom, offices, storage and toilet facilities enable the accommodation within the Clock Mill to be provided as additional classrooms. The internal works to the Customs House create two SEN classroom, a group/meeting room, office storage and female toilet facilities on the ground floor and a SEN classroom, office, store and male toilet on the first floor.

8.21 The public open space at Three Mills Green is currently and will continue to be used for outdoor recreation during morning and lunch breaks. It is noted that Three Mills Green is used at time of the day and week when it is least used by members of the public. While the Government published Building Bulletin 103: Area Guidelines for mainstream schools provides area guidelines (BB103) for buildings and grounds, it states these guidelines will not necessarily have to be met in every case and should always be applied flexibly in light of the particular circumstances.

8.22 The applicant has confirmed that all classroom sizes measure 55m² and above. The minimum classroom size recommended by BB103 for a classroom with 30 pupils per class is 55m². As ELSS has advised that each class will be attended by a maximum of 24 pupils the BB103 guidance will be met.

8.23 As the BB103 standards provide guidance only; the EFA have committed funding to the scheme on the basis of their own assessment; the facilities provide only temporary accommodation; and no planning policies adopt internal and external space standards for school accommodation, there are no planning grounds for refusal on the design and quality of accommodation provided.

Transport

8.24 The applicant has submitted a Transport Assessment (TA) to consider the modal share and trip generation impact of the development and a Travel Plan outlining the school’s strategy for managing pupil travel behaviour and promoting waking, cycling and public transport. The TA notes that the site is located within an area where vehicular access is controlled given the operational requirements of the 3 Mills Studios and the historic form and status of the surrounding environment. Post code data has been obtained for pupils enrolled to attend the school in the following two years which confirms that the majority of pupils living in East London. The school has been operating since 2013 without incident or complaint in relation to its access and servicing arrangements.

8.25 The TA refers to the school operating between 08:30 and 16:20 with the breakfast club starting at 08:00, extra-curricular activities taking place until 17:30 and a number of afternoon classes being held off-site with associated pick up at the end of the school day. This ensures pick up and drop off, and travel patterns generally, will not be concentrated at particular times during the typical peak hours. The TA confirms that ELSS has access to two car and three minibus parking spaces within 3 Mills Studios and five parking spaces within the Tesco car park and space, and that their numbers will not be increased as part of the proposals. Secure cycling parking is provided within the Clock Mill and is described as sufficient to meet current demand.

8.26 Since opening ELSS has operated a School Travel Plan to discourage parents from picking up and dropping off pupils by car. The results of the School Travel Survey confirm that only 16% of pupils are arriving or departing by car typically as part of a linked trip to the Tesco foodstore, with the majority travelling by either bus, train or on foot.

8.27 The London Plan, to which the Publication Version Local Plan cross refers, adopts no car parking standards for schools and requires 1 cycle parking space per 8 pupils (45 spaces) and 8 staff (5 spaces). The School Travel Survey reveals that only 2% of pupils travel by bicycle and the TA is unclear on how many cycle parking spaces are available. It is unclear, therefore, whether pupils are not cycling to work because they do not own a bicycle, whether cycle routes to and from the school are unsuitable because of the difficulty in crossing the A12, or there is inadequate cycle parking. As the application determined in 2013 suggests 24 cycle parking spaces were available within 3 Mills Studios, it is recommended that a planning condition be imposed that requires details of a policy compliant number of cycle parking spaces to be submitted for approval. It is assumed that the car parking spaces located within 3 Mills Studios are available for blue badge holders.

8.28 The TA confirms that ELSS will continue to implement and monitor its School Travel Plan, which should identify an agreed baseline mode share against which progress should be judged. In the absence of any other source the TA assumed mode share should be used or include mechanisms for monitor and review that include a commitment to take further actions to achieve targets if they are not being achieved. Furthermore, consideration should be given to access for disabled people and the inclusion of local walk and cycle maps. It is recommended that a planning condition be attached to any planning permission that requires a finalised School Travel Plan to be submitted for approval prior to occupation of the school.

8.29 Catering deliveries (one per day), refuse collection and mini bus pick and drop off takes places via Sugar House Lane and 3 Mills Studios. Any traffic associated with the construction works will use the same arrangements. These arrangements will continue require regular communication with 3 Mills Studios.

8.30 TfL raises no objection to the application and the impact of the development on the safe and efficient operation of the A12 and capacity of the public transport network given a continuation of the arrival and departure arrangements set out in the School Management Plan. LLDC’s Transport Consultants recommend the use of planning conditions to secure a finalised School Travel Plan (they have suggested improvements to the submitted version) and a Construction Traffic Management Plan.

8.31 The application is considered to be in accordance with Policies 6.3, 6.9, 6.10 and 6.13 of the London Plan, Policy INF2 of the Core Strategy and Policies T.4, T.7, T.8 and T.9 of the of the Publication Version Local Plan (with post examination hearings modifications). .

Flood Risk

8.32 The applicant has submitted a Flood Risk Assessment that considers the potential of the site to be impacted by flooding, the impacts of the proposed development on flooding in the vicinity of the site and the proposed measures which could be incorporated into the development to mitigate the identified risks. The applicant has also submitted a Flood Evacuation Plan.

8.33 The Environment Agency has raised no objection to the application. The application is considered to be in accordance with Policy 5.12 of the London Plan, SC3 of the Core Strategy and Policy S.8 of the of the Publication Version Local Plan (with post examination hearings modifications).

Sustainability

8.34 The extent to which the proposed development can reasonably satisfy planning policies seeking reductions in carbon dioxide emissions by using less energy, supplying energy efficiently and using renewable energy is limited by the temporary nature of the change of use of the building, the relatively minor alterations required to adapt the building for educational use, the challenges associated with modifying a Grade II listed building and available funding.

8.35 With reference to the National Planning Policy Framework’s requirement that Local Planning Authorities should recognise that heritage assets are an irreplaceable resource and conserve them in a manner appropriate to their significance; the London Plan requirement that major applications should use onsite renewable energy where feasible; and the Core Strategy’s acknowledgement that improvements to resource efficiency and CO2 emissions in existing buildings through retrofitting are subject to the conservation and heritage objectives identified in Core Strategy Policy SP5 and Publication Version Local Plan (with post examination hearings modifications) Policy BN16 , the applicant advises that it would not feasible to include onsite renewable energy because it would not be viable and it may harm the historic asset.

8.36 While the proposed development does not introduce building specific measures designed to minimise carbon dioxide emissions and mitigate climate change, this is considered acceptable only on the basis of a temporary use of the building and the feasibility and cost implications of retrofitting the Custom House.

Consultation Responses – River Lea Tidal Mill Trust (owners of the Grade I listed House Mill)

8.37 While the application does not provide a comprehensive review of the history and heritage of the area and the group of listed buildings that the Clock Mill and Customs house form part, the Heritage Statement provides sufficient information to demonstrate that the proposed works will not harm the fabric or setting of the listed building or the character and appearance of the Conservation Area. As previously explained, the internal works to the Customs House will improve its overall condition.

8.38 The increase of up to an additional 120 students using the site is not considered to have a negative impact on the character of the area. The ELSS has been successfully operating since 2013 and the school day is managed to ensure impacts are minimised. The historic industrial character of the area would also have been defined by the intensive use of these buildings and the surrounding area. On this basis, and subject to the proposed s.106 obligation and conditions which seek to control the maximum number of pupils permitted at the site, it is considered that the scheme would not have an adverse impact on the character or appearance of the Conservation Area or the setting of the listed buildings.

8.39 While it is disappointing that ELSS does not appear to have used engaged in education based joint working with the RLTMT, this cannot be required by any planning permission. It is recommended that an informative be attached to any planning permission that reminds ELSS of this opportunity. .

8.40 In relation to the RLTMT’s request for a S106 contribution of £25,000 towards its charity and restoration works, the NPPF states that planning obligations should only be sought where they meet all of the following tests:

 necessary to make the development acceptable in planning terms;  directly related to the development; and  fairly and reasonably related in scale and kind to the development.

8.41 The request is not considered to meet the planning obligations tests set out in the NPPF as they are not considered necessary to mitigate the impact of the development or make it acceptable in planning terms. While the House Mill and surrounding area clearly provide an excellent educational resource a financial contribution towards planned restoration works is not considered justified in this instance.

Draft s106 Heads of Terms

8.42 As the Clock Mill and Customs House is constrained in its capacity to accommodate additional pupils beyond the 360 currently proposed, there is currently no provision that can be made on site to accommodate year 7 intake in 2016 and 2017. To enable the school to have certainty of operation at this site for the three years applied for (rather than limit to one year of operation where the only the 2015 year 7 intake can be accommodated but no more) and to appropriately provide certainty on the future operation of the school in years 2016 and 2017, it is proposed that the applicant is obligated by s106 legal agreement that:

 Commits ELSS to securing additional temporary accommodation to accommodate 2016 and 2017 Year 7 intake; and  If additional accommodation is not reasonably secured to restrict as necessary year 7 intake at the Clock Mill and Customs House

8.43 The heads of terms proposed meet the tests in Regulation 122 and the NPPF as it is considered to be reasonable, related and necessary to enable permission to be granted for the three year period applied for given that the applicant is seeking to use both the Clock House and Customs House until 2018, despite both buildings having a combined capacity for 360 pupils and therefore being unable to provide for year 7 intake in 2016 and 2017. Whilst the recommended conditions limit the maximum number of pupils which can be accommodated at the site, the obligations require ELSS and the EFA to actively pursue the alternative accommodation necessary for the year 7 intake in 2016 and 2017.

9. HUMAN RIGHTS & EQUALITIES IMPLICATIONS 9.1 Members should take account of the provisions of the Human Rights Act 1998 as they relate to the application and the conflicting interests of the Applicants and any third party opposing the application in reaching their decisions. The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report. In particular, Article 6 (1), of the European Convention on Human Rights in relation civil rights and a fair hearing; Article 8 of the ECHR in relation to the right to respect for private and family life and Article 1 Protocol 1 of the ECHR in relation to the protection of property have all been taken into account

9.2 In addition the Equality Act 2010 provides protection from discrimination in respect of certain protected characteristics namely: age, disability, gender reassignment, pregnancy and maternity, race, religion, or beliefs and sex and sexual orientation. It places the Local Planning Authority under a legal duty to have due regard to the advancement of equality in the exercise of its powers including planning powers. Officers have taken this into account in the assessment of the application and Members must be mindful of this duty inter alia when determining all planning applications. In particular Members must pay due regard to the need to:

1. Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act; 2. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and; 3. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

9.3 Officers are satisfied that the application material and Officers’ assessment has taken into account these issues.

10. CONCLUSION 10.1 The proposed change of use of the Clock Mill and Customs House from Use Class B1 (Business) to Use Class D1 (Non-residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018 is in accordance with central, regional and local planning policies that support the provision of new schools where they meet a need for new places. The East London Science School (ELSS) is approved by the Department of Education’s Education Funding Agency and has already been operating successfully since September 2013.

10.2 The conversion of the Customs House for Specialist Educational Needs and office accommodation enables the Clock Mill to provide additional teaching accommodation for use by up to 360 pupils and 40 staff. The use of both buildings until September 2018 enables the school to receive the 2015 Year 7 intake and remain there until a permanent school is planned to be constructed at the GLA owned Stephenson Street site at West Ham. The school will, however, require additional temporary accommodation if it is able to receive 2016 and 2017 Year 7 pupils.

10.3 The continued use of the House Mill and the change of use of the Customs House until 20 September 2018 to provide secondary school places of which a need is identified is considered to outweigh any concerns about the temporary loss of employment space. As the Customs House is currently vacant, in a poor state of internal repair and only occasionally used by 3 Mills Studios, its temporary change of use will not displace any existing businesses or prevent its potential to be used as employment space in the future. The use of the Clock Mill as a secondary school for the last two years has demonstrated its compatibility with surrounding uses and the investment already made in the Clock Mill and planned for the Customs House will improve their marketability as employment space when ELSS moves to its permanent home.

10.4 The proposed development involves no external alterations to the Grade II listed Customs House and the Grade II listed Clock Mill and will not, therefore, alter their setting and appearance and the contribution it makes to the Conservation Area. As the Customs House is in a poor state of internal repair and decoration, the proposed repair and conversion works will improve the condition a Grade II listed building. The works to the Clock Mill are limited to the erection of a temporary partition wall. Historic England raises no objection to the proposed works.

10.5 The use of the Clock Mill and Customs House by another 120 pupils is not considered to create any new or significant transport impacts. ELLS has been operating a School Travel Plan and the Transport Assessment demonstrates that the majority of pupils and staff travel by sustainable modes of transport. The existing car, mini bus parking/pick up/drop off, and refuse storage and collection arrangements will continue off-site through arrangements made with 3 Mills Film Studios and Tesco, as supported by the School Travel Plan.

10.6 The application is considered to be in accordance with relevant flood risk and sustainability policies.

10.7 With the exception of representations received by the River Lea Tidal Mill Trust, which are considered in the assessment section of this report, no objections have been received and the applications for planning permission and listed building consent are therefore recommended for approval subject to a s106 legal agreement and the planning conditions set out below.

11. Conditions and Reasons Planning Permission (application reference 15/00243/FUL)

1. The use hereby permitted shall be carried out only by the East London Science School and shall be for a limited period expiring on 30 September 2018. On this date the use hereby approved shall cease and the building layout and fabric shall be reinstated and repaired in accordance with a Reinstatement and Repair Scheme to be submitted to and approved by the Local Planning Authority prior to 1 June 2018.

Reason: To enable the long term planning and regeneration objectives and protect the fabric of the historic assets.

2. The development shall not be constructed unless in accordance with the following drawing numbers:

Customs House – Existing and Proposed Plans – Ground Floor 269_100_Rev_C Customs House - Existing and Proposed Plans – First Floor 269_101_Rev_C Customs House - Demolition Plans 269_102_Rev_C Clock Mill – Proposed Ground Floor 269_100_Rev_B Clock Mill – Existing Ground Floor 269_101_Rev_A Heritage Statement dated 26 June 2015 prepared by David Millar Architects

No other drawings or documents are approved except where compliance with the conditions attached to this planning permission require otherwise.

Reason: To ensure that the development is constructed and operated in accordance with the approved drawings and documents.

3. The use of the Clock Mill and Customs House for a secondary school shall be limited to a maximum of 360 pupils and 40 staff.

Reason: To limit the impact of the school on the amenity of the surrounding area.

4. The school opening hours shall be between the hours of 08.00 and 17.30 hours on Mondays to Fridays and not at all at weekends and Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To limit the impact of the school on the amenity of the surrounding.

5. The development shall not be operated as a secondary school until a School Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The school shall be occupied and managed only in accordance with the approved School Travel Plan for the lifetime of the development.

Reason: To reduce traffic congestion and promote sustainable modes of transport.

6. The development shall not be operated as a secondary school until details of the location, quantum, design and access arrangements for disabled car parking and cycle parking facilities have been submitted to and approved by the Local Planning Authority. The disabled car parking and cycle parking facilities shall be implemented in accordance with the approved details for the lifetime of the development.

Reason: To promote cycling and sustainable travel patterns.

7. The development shall not be commenced until a Construction Management Plan and Code of Construction Practice have been submitted to and approved in writing by the Local Planning Authority. The demolition and construction works shall be undertaken only in accordance with the approved Construction Management Plan and Code of Construction Practice.

Reason: To ensure the safe and efficient operation of the highway and protect the amenity of local residents.

8. The building works required to convert the building shall be restricted to the hours of 0800 and 1800 Mondays to Fridays and between 0800 and 1300 on Saturdays and at no time on Sundays or Statutory holidays with the prior written approval of the Local Planning Authority.

Reason: To protect residential amenity.

Listed Building Consent (Application reference 15/00251/LBC)

1. The development to which this permission relates must be commenced not later than the expiration of one year from the date of this permission.

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

2. The development shall not commence until details of the raised floor required to create the accessible toilet and the method for concealing services has been submitted to and approved in writing by the Local Planning Authority. The raised floor and concealed services shall only be implemented in accordance with the approved details.

Reason: To protect the fabric of the Grade II listed Customs House.

3. The development shall not be constructed unless in accordance with the following drawing numbers:

Customs House – Existing and Proposed Plans – Ground Floor 269_100_Rev_C Customs House - Existing and Proposed Plans – First Floor 269_101_Rev_C Customs House - Demolition Plans 269_102_Rev_C Clock Mill – Proposed Ground Floor 269_100_Rev_B Clock Mill – Existing Ground Floor 269_101_Rev_A Heritage Statement dated 26 June 2015

Reason: To ensure that the development is constructed and occupied in accordance with the approved documents and drawings.

4. Following cessation of the use the building layout and fabric shall be reinstated and repaired in accordance with a Reinstatement and Repair Scheme to be submitted to and approved by the Local Planning Authority prior to 1 June 2018. On removing any new partition wall, any damage to the existing structure and walls shall be repaired to the satisfaction of the Local Planning Authority.

Reason: To protect the fabric of the Grade II listed Clock Mill and Customs House.

Informative

1. The applicant is encouraged to discuss the opportunities for joint working with the Lea Valley Regional Park Authority and the River Lea Tidal Mill Trust on the education opportunities that exist given the proximity of the school to Three Mills Green and the House Mill.

Appendices attached to this report are as follows:

Appendix 1 Site Photographs Appendix 2 Location Plan Appendix 3 Custom House: Demolition, Existing and Proposed Plans Appendix 4 Clock Mill: Existing and Proposed Plans Appendix 5 Site Servicing and Access Route Plan