London Borough of Barnet

LONDON BOROUGH OF BARNET

PLANNING AND ENVIRONMENT COMMITTEE

22nd June 2005

Agenda Item 9

Report of the Head of Planning

BACKGROUND PAPERS – GENERAL STATEMENT

The background papers to the reports contained in the agenda items which follow comprise the application and relevant planning history files, which may be identified by their reference numbers, and other documents where they are specified as a background paper in individual reports. These files and documents may be inspected at:

FINCHLEY AND GOLDERS GREEN AREA OFFICE Barnet House 1255 High Road Whetstone London N20 0EJ

Contact Officer: Mrs V Bell, 020 8359 4672

PLANNING AND ENVIRONMENT COMMITTEE

FINCHLEY AND GOLDERS GREEN AREA

DATE:22nd June 2005

INDEX TO THE REPORT OF THE HEAD OF PLANNING

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C05442B/05 Childs Hill 29

174 Cricklewood Lane, London, NW2 2DX.

Change of use from retail (Class A1) to hot food takeaway (currently Class A3, changing to Class A5 on 21.04.05).

APPROVE SUBJECT TO CONDITIONS

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C16240/05 Childs Hill 34

Existing public convenience/sitting area in, Basing Hill Park off, Hendon Way, London, NW2.

Change of use of existing pubic convenience/sitting area in Basing Hill Park to cafe with toilets facilities. New windows and door in side elevation. (Amended description).

APPROVE SUBJECT TO CONDITIONS

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C03491A/05 Childs Hill 38

Existing Sports Pavilion, Childs Hill Park, Hodford Road, London, NW11.

Single storey front extension. Change of use of existing sports pavilion, to cafe (Class A3) with sports pavilion. New access side ramp.

APPROVE SUBJECT TO CONDITIONS

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27 C03312AR/05 Woodhouse 42

WOODHOUSE SIXTH FORM COLLEGE, Woodhouse Road, London, N12 9EY.

Erection of a two-storey building (with rooms in roofspace) in north-west corner of site to provide a total of 18no. self-contained flats with associated off-street parking and landscaping.

REFUSE

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C11441BH/05 Woodhouse 54

UNIT 2B GREAT NORTH LEISURE PARK, Chaplin Square, London, N12 0GL.

Internally illuminated fascia and menu box sign.

APPROVE SUBJECT TO CONDITIONS

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C11441BJ/05 Woodhouse 58

UNIT 2B GREAT NORTH LEISURE PARK, Chaplin Square, London, N12 0GL.

New shop front.

APPROVE SUBJECT TO CONDITIONS

LOCATION: 174 Cricklewood Lane, London, NW2 2DX.

REFERENCE: C05442B/05 Received: 7 Feb 2005 Accepted: 6 Apr 2005 WARD: Childs Hill Expiry: 1 Jun 2005 Final Revisions: APPLICANT: Mr S M Golestani-Zadeh

PROPOSAL: Change of use from retail (Class A1) to hot food takeaway (currently Class A3, changing to Class A5 on 21.04.05).

RECOMMENDATION:

APPROVE SUBJECT TO CONDITIONS

1. This development must be begun not later than five years from the date of this permission.

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

2. The use hereby permitted shall not be open to customers before 11.30am or after 11.30pm on weekdays or before 11.30am or after 11.30pm on Sundays.

Reason: To safeguard the amenities of occupiers of adjoining residential properties.

3. Notwithstanding the provisions within Class A3 of the Town and Country Planning (Use Classes) Order 1987 (or any subsequent statutory instrument revoking or re-enacting that Order) the use shall not be open to customers for the purposes of hot food take away and/or the delivery of hot food to customers before 11.30am or after 11.30pm on weekdays or before 11.30am or after 11.30pm on Sundays.

Reason: To safeguard the amenities of neighbouring residents.

4. Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the

29 enjoyment or amenities of occupiers of adjoining residential properties.

5. Before the use hereby permitted is commenced, screened facilities for the storage of refuse and satisfactory means of access for collection shall be provided within the curtilage of the site in accordance with details to be agreed in writing with the Local Planning Authority, such details to include the provision of facilities for the disposal of rubbish in front of the premises, but within the curtilage of the site, during opening hours.

Reason: To ensure a satisfactory appearance and satisfactory accessibility.

INFORMATIVE(S):-

1. The plans accompanying this application are:- Site Plan.

2. The reason for this grant of planning permission or other planning related decision is as follows:

The proposed development accords with strategic planning guidance and policies as set out in the Mayor's London Plan (published 10 February 2004) and the Adopted Unitary Development Plan/Revised Deposit Draft Unitary Development Plan, in particular the following polices are relevant: Adopted Barnet Unitary Development Plan (1991): G1, T1.1, S3.3. Barnet Revised Deposit Draft Unitary Development Plan (2001): GBEnv1, D2, TCR19.

1. MATERIAL CONSIDERATIONS

Relevant Policies in The London Plan (2004) Relevant Unitary Development Plan Policies: Adopted UDP (1991): G1, T1.1, S3.3 Revised Deposit Draft UDP (2001): GBEnv1, D2, TCR19

Relevant Planning History: C05442: “Change of use from shop to auctioneers, surveyors and estate agent’s office” – Granted 1975

Consultations and views Expressed: Neighbours Consulted: 5 Replies: 2

A petition with 42 signatures has been received in agreement with the objections raised by the occupiers of 170 Cricklewood Lane which are as follows: - Will have a major effect on parking/access in an already very congested area; - Number of other pizza shops in the vicinity of 174 Cricklewood Lane;

30 - Establishment would cause an immense amount of rubbish; - Many local residents not happy with proposal as shown on petition.

A petition with 90 signatures has been received in agreement with the objections raised by the occupiers of 168 Cricklewood Lane which are as follows: - Is a quiet, friendly and peaceful neighbourhood and bringing in this business will develop chaos and other domestic violence; - The neighbourhood is small and customers are just a handful everyday and cannot share with another business due to loss of sales.

2. PLANNING APPRAISAL

Members will recall that this application was first reported to the committee on 25th May 2005, but was deferred to the June committee pending a member site visit.

The recommendation remains the same and a copy of the committee report is attached below.

Site Description and Surroundings

174 Cricklewood Lane is a ground floor commercial unit located within a parade of 12 similar commercial units with residential accommodation in the form of flats to the upper floors. The shopping parade is set back some distance from the main highway of Cricklewood Lane with a lay-by to the front providing parking for users of the shops. Additionally, the parade of shops is located in a mainly residential area and is some distance from the main shopping areas in Childs Hill and Cricklewood.

Proposals

This application is for the change of use of the existing ground floor unit to a takeaway pizza shop, which falls within Class A5 of the amended Use Classes Order. As existing the shop is vacant and was previously used as an African food shop.

It is proposed that the new use will be open from 11.30am to 11.30pm daily and would result in the employment of 4 full-time staff members.

The parade of shops as existing includes the following uses: 162/164 - Dry Cleaners 166 - Grocer 168 - Cafe 170 - Bakery 172 - Vacant 174 - Vacant 176 - Newsagents 178 - Electrical shop /contractors 180 - Tool Hire shop

31 182 - Butchers 184 - Vacant.

Material Planning Considerations

The application site is considered to be within a neighbourhood shopping area and as such Council Policy recommends the retention of existing A1 uses as far as possible with a number of exceptions. These include where the existing unit is vacant and the proposed use would not result in the diminution of local shopping facilities and where alternative shopping facilities exist accessible by public transport.

In the case of this application, the existing site is vacant and is located on a bus route between the main shopping areas in both Cricklewood and Childs Hill. As such it is not considered that the proposed change of use would result in a reduction in local shopping options and choice nor have a detrimental impact on the services available to local residents. Additionally, the proposal would ensure the use of one of the existing three vacant units in this parade and would not duplicate an existing use in the immediate vicinity, with only one other cafe in this parade of shops.

3. COMMENTS ON THE GROUNDS OF OBJECTIONS

Mainly considered in the above appraisal.

4. CONCLUSION

The proposed change of use would not result in the loss of an existing active A1 use in this parade of shops and is considered to be in keeping with Council Policies and Guidelines. This application is therefore recommended for APPROVAL.

174 Cricklewood Lane, NW2 2DX

D OA R ON GT IN DD CA

C CCC C1 111 15 5595 9599 D 9 1 1131 O 3133 3 U

L A

F A E R AN M D L OO A EW V KL E RIC N C U E

H A R M A N C L O S E

H A

Scale 1:1250 Based on the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationary Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. London Borough of Barnet LA086290 2003

LOCATION: Existing public convenience/sitting area in, Basing Hill Park off, Hendon Way, London, NW2.

REFERENCE: C16240/05 Received: 28 Apr 2005 Accepted: 28 Apr 2005 WARD: Childs Hill Expiry: 23 Jun 2005 Final Revisions: APPLICANT: Petrit Abaz

PROPOSAL: Change of use of existing pubic convenience/sitting area in Basing Hill Park to cafe with toilets facilities. New windows and door in side elevation.

RECOMMENDATION:

APPROVE SUBJECT TO CONDITIONS

1. This development must be begun not later than five years from the date of this permission.

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

2. The use hereby permitted shall not be open to customers before 9am or after 9pm Monday to Sunday.

Reason: To safeguard the amenities of occupiers of neighbouring residential properties.

3. No deliveries shall be taken at or dispatched from the site on any Sunday, Bank or Public Holiday or before 9am or after 6pm on any other day.

Reason: To prevent the use causing an undue disturbance to occupiers of adjoining residential properties at unsocial hours of the day.

4. Before the use hereby permitted is commenced, screened facilities for the storage of refuse and satisfactory means of access for collection shall be provided within the curtilage of the site in accordance with details to be agreed in writing with the Local Planning Authority, such details to include the provision of facilities for the disposal of rubbish in front of the premises, but within the curtilage of the site, during opening hours.

Reason: To ensure a satisfactory appearance and satisfactory accessibility.

5. Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

INFORMATIVE(S):-

1. The plans accompanying this application are:- 8505/01; 8505/02; 8505/03.

2. The reason for this grant of planning permission or other planning related decision is as follows:

The proposed development accords with strategic planning guidance and policies as set out in the Mayor's London Plan (published 10 February 2004) and the Adopted Unitary Development Plan/Revised Deposit Draft Unitary Development Plan, in particular the following polices are relevant: Adopted Barnet Unitary Development Plan (1991): G1; G2; T1.1; T1.2; O3.1; E6.1. Barnet Revised Deposit Draft Unitary Development Plan (2001): GMOL; GBEnv1; GBEnv2; Env12.

3. This development affects land owned by the Council. The grant of planning permission confers no rights for any works to commence on site and you are advised to consult prior to taking any further action.

1. MATERIAL CONSIDERATIONS

Adopted Unitary Development Plan (1991): G1, G2, T1.1; T1.2; O3.1; E6.1 Revised Deposit Draft Unitary Development Plan: GMOL; GBEnv1; GBEnv2, Env12, D1, D2, D6, D7, O6, M14

Consultations and Views Expressed:

Neighbours Consulted: 10 Replies: 1

The owner of 103 The Vale has objected on the following grounds: • Noise and disturbance • Overlooking and loss of privacy • Parking problems

Date of Site Notice: 26.05.2005

PLANNING APPRAISAL:

The application is for the change of use of the existing public convenience/sitting area in Basing hill Park to a café with toilet facilities. The structure is situated in the Basing Hill Park close to the park entrance from Hendon Way. To the rear of the structure is the rear of the properties on The Vale. The structure is in close proximity to the tennis courts and play area. The application proposes to insert a new front window and a new side window and door. Besides these changes and a small sign on the front, there are to be no further external changes. The existing paving is also to be slightly extended to facilitate the seating arrangement.

As existing, the structure comprises of a men’s and women’s changing room, a men’s and women’s toilet facilities and a sitting area. The application proposes to create a store/office, men and women’s toilet and changing facilities, a kitchen/kiosk and a seating area.

It is considered that the proposed use would positively contribute to and enhance the existing facilities within the park and would be of benefit to many users. It is not considered that the change of use is of a sufficient intensity as to create unacceptable levels of noise. The premises are over 20m from the rear of the properties on The Vale. There is significant noise generated from the main Hendon Way and therefore this proposal is not considered to create levels of noise that would disturb neighbouring residents.

The hours of opening have been conditioned in order to safeguard the amenities of neighbouring residents.

CONCLUSION: It is considered that this proposal would be beneficial to park users through the improvement of the facilities. The proposed development is considered in keeping with the nature of the existing development on site and will not have an adverse impact on the locality. It is therefore recommended that the application is approved subject to conditions.

Basing Hill Park – C16240/05

W A YS ID E

E IV R D E IN N EN P

LE A V E TH

ENS RD GA RN L VE MA

Note To Scale Based on the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationary Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. London Borough of Barnet LA086290 2003

LOCATION: Existing Sports Pavilion, Childs Hill Park, Hodford Road, London, NW11.

REFERENCE: C03491A/05 Received: 17 May 2005 Accepted: 17 May 2005 WARD: Childs Hill Expiry: 12 Jul 2005 Final Revisions: APPLICANT: Mr Joel Galer

PROPOSAL: Single storey front extension. Change of use of existing sports pavilion, to cafe (Class A3) with sports pavilion. New access side ramp.

RECOMMENDATION:

APPROVE SUBJECT TO CONDITIONS

1. This development must be begun not later than five years from the date of this permission.

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

2. The use hereby permitted shall not be open to customers before 9am or after 9pm Monday to Sunday.

Reason: To safeguard the amenities of occupiers of neighbouring residential properties.

3. No deliveries shall be taken at or dispatched from the site on any Sunday, Bank or Public Holiday or before 9am or after 6pm on any other day.

Reason: To prevent the use causing an undue disturbance to occupiers of adjoining residential properties at unsocial hours of the day.

Reason: To ensure a satisfactory appearance and satisfactory accessibility.

5. Before the development hereby permitted commences on site, details

38 of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

INFORMATIVE(S):-

1. The plans accompanying this application are:- 9105/03; 9105/01; 9105/04; 9105/02.

2. The reason for this grant of planning permission or other planning related decision is as follows:

The proposed development accords with strategic planning guidance and policies as set out in the Mayor's London Plan (published 10 February 2004) and the Adopted Unitary Development Plan/Revised Deposit Draft Unitary Development Plan, in particular the following polices are relevant: Adopted Barnet Unitary Development Plan (1991): G1, G2m T1.1, T1.2, O3.1, E6.1. Barnet Revised Deposit Draft Unitary Development Plan (2001): GMOL, GBEnv1, GBEnv2, Env12, D1, D2, D6, D7, O6, M14.

1. MATERIAL CONSIDERATIONS

Adopted Unitary Development Plan (1991): G1, G2, T1.1; T1.2; O3.1; E6.1 Revised Deposit Draft Unitary Development Plan: GMOL; GBEnv1; GBEnv2, Env12, D1, D2, D6, D7, O6, M14

Consultations and Views Expressed:

Neighbours Consulted: 19 Replies: 2

The owners of 49 and 43 Hodford Road have objected on the following grounds: • Concerned about rats • Increased activity will damage the park • Increased noise and disturbance • The extension will take away the park area

Date of Site Notice: 26.05.2005

PLANNING APPRAISAL:

The application is for a small extension to the Pavillion in Childs Hill Park. The extension is to be situated at the front of the Pavillion facing into the park. The extension is to be 4.6m deep. The extension will provide additional space for seating.

39 The extension will have a glass frontage and a flat roof. The application also proposes a new access ramp to facilitate disabled access.

The internal changes involve changing the caretakers office into a dressing room/shower room and changing the kitchen to a classroom. The classroom is to be used to teach children football theory. The rest of the Pavillion will then be opened up to create a serving area and seating area open to the public.

It is considered that the proposed use would positively contribute to and enhance the existing facilities within the park and would be of benefit to many users. It is not considered that the change of use is of a sufficient intensity as to create unacceptable levels of noise. The premises are over 30m from the rear of the properties on The Vale. The proposal is not considered to create levels of noise that would disturb neighbouring residents.

The hours of opening have been conditioned in order to safeguard the amenities of neighbouring residents.

CONCLUSION:

It is considered that this proposal would be beneficial to park users through the improvement of the facilities. The proposed development is considered in keeping with the nature of the existing development on site and will not have an adverse impact on the locality. It is therefore recommended that the application is approved subject to conditions.

Childs Hill Park – C03491A/05

DUN STA N ROAD

H O D F O R D

R O A D

AD O T R N NA

L L A N V A N O G R R

A R N O V A D IL LE

R O A D

LOCATION: WOODHOUSE SIXTH FORM COLLEGE, Woodhouse Road, London, N12 9EY.

REFERENCE: C03312AR/05 Received: 24 Mar 2005 Accepted: 6 Apr 2005 WARD: Woodhouse Expiry: 6 Jul 2005 Final Revisions: APPLICANT: Laing Homes North Thames

PROPOSAL: Erection of a two-storey building (with rooms in roofspace) in north-west corner of site to provide a total of 18no. self-contained flats with associated off- street parking and landscaping.

RECOMMENDATION:

REFUSE

1. The proposed development would result in the unacceptable loss of an area for outdoor recreational purposes contrary to policies G9, G10 and L1.1 of the Barnet Unitary Development Plan (1991) and Policies GL1, L17 and L18 of the Revised Deposit Draft Unitary Development Plan (2001).

2. No undertaking has been given by the developer to meet identified additional educational costs which would be incurred by the community as a result of the development, contrary to Policy EDN1.1 of the Barnet Unitary Development Plan (1991) and Policy CS8 of the Revised Deposit Draft Unitary Development Plan (2001).

3. Inadequate information has been submitted to demonstrate that the proposed development would not cause damage to trees of special amenity value, contrary to Policies G3 and E2.1 of the Barnet Unitary Development Plan (1991) and Policies GBEnv4 and D13 of the Revised Deposit Draft Unitary Development Plan (2001).

4. The proposed development does not include any provision for affordable housing to meet the demand for such housing, contrary to policy H5 of the Revised Draft deposit Unitary Development Plan (approved March 2001).

INFORMATIVE(S):-

1. The plans accompanying this application are:- Location Plan (unnumbered), PL/454/01, PL/454/02, PL/454/03, PL/454/04, Background Statement, Application Brochure (incorporating Planning Statement, Design Statement, Tree Survey and various plans and elevations).

42 1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance

Planning Policy Guidance Note 3 – Housing

Planning Policy Guidance Note 17 – Planning for Open Space, Sport and Recreation

Relevant policies in The London Plan Spatial Development Strategy for Greater London

Relevant Unitary Development Plan Policies:

Barnet Unitary Development Plan (1991):

G1, G2, G3, G9, G10, G17, G18, G21, T1.1, T1.2, E1.1, E2.1, E6.1, L1.1, L1.2, L2.1, L2.2, EDN 2.1, EDN2.2, EDN3.1, H1.1, H1.2, H3.1, H3.2, H3.3, H3.4, H4.1, H4.2, H4.3, M2.1, R1.1 and R1.2

Revised Deposit Draft Unitary Development Plan (2001):

GSD, GLand, GBEnv1, GBEnv2, GBEnv3, GBEnv4, GL1, GL3, GParking, GH1, GH2, GH3, GCS1, Env12, D1, D2, D3, D4, D5, D7, D11, D13, L17, L18, L24, L25, L26, L27, M5, M11, M12, M13, M14, H0, H2, H4, H5, H6, H16, H17, H18, H21, CS4, CS5, CS6, CS7, CS8, CS9, IMP1 and IMP2

Relevant Planning History:

C03312G – Erection of two storey sports hall; two storey side extension to main building including new front entrance; first floor extension above existing changing rooms; new link buildings; alterations to existing gymnasium to form new classrooms; alterations to existing main hall to form new classroom and student accommodation. Provision of all weather sports pitch; additional on- site parking area; relocation of vehicular accesses and landscaping- DEEMED REFUSAL 21.11.94

C03312H – Erection of 40 houses and access road linking into Fenstanton Avenue – REFUSED 12.9.94

C03312K – Erection of 38 houses and access road linking into Fenstanton Avenue. Alterations, extensions and new buildings to existing college including: new two storey sports hall, two storey side extension to main building, extensions and alterations to existing gym and hall, link buildings and new student accommodation at roof level adjacent to existing hall. Relocation and erection of new vehicular accesses and car parking area, provision of all- weather sports pitch and floodlighting – APPEAL ALLOWED 3.8.95

C03312V – Residential development comprising 12 one bedroom houses and 7 two bedroom houses (amendment to part of development approved under ref. C03312K for the erection of 38 houses on part of playing fields with access from Fenstanton Avenue) – APPROVED 15.10.96

C03312W – Erection of two storey building for learning resource centre and science classrooms on land to the south of the all weather pitch. Relocation of geography building to side of main college buildings to the rear of 10 – 14 Hilton Avenue. Removal of demountable classrooms and revision to car park layout – APPROVED 30.9.97

C03312AG – Single storey side extension to existing three storey science block together with formation of pitched roof and re-cladding, new two storey link between science block and main block. Relocation of existing parking spaces – APPROVED 4.8.99

C03312AK/02 – Single storey rear classroom extension – APPROVED 26.6.2002

C03312AL/03 – Demolition of an existing sports hall and erection of a new sports hall, offices, classrooms and associated facilities – APPROVED 27.8.2003

C03312X/04 – Single storey side extension – APPROVED 3.6.2004

C03312AQ/05 – Demolition of existing sports hall and erection of a new sports hall, classroom block and associated link to main building – UNDER CONSIDERATION Consultations and views Expressed:

Neighbours Consulted: 91 Replies: 19

The occupiers of properties in Fenstanton Avenue, Hemingford Close and Boxworth Close objected to the proposals. The above total of replies includes: a letter from the occupier of 21 Hemingford Close that was undersigned by 7 other residents in the above streets and attached to it was a letter from the occupier of 17 Hemingford Close addressed “Dear Neighbours”. A letter was also received from Colin Bishop & Co. Solicitors (on behalf of the occupier of No. 21 Hemingford Close) objecting to the proposals. The following issues were raised:

1. Health issues raised by electricity sub-station 2. Loss of the playing fields 3. Backland development that is out of character 4. Noise/Disturbance 5. Increased traffic 6. Safety of residents and children that play in the street would be harmed 7. Loss of privacy 8. Flats would be out of character 9. Inadequate on-site parking 10. Visual impact 11. Increased parking in Fenstanton Avenue 12. Design would be out of keeping 13. Size and scale would be overpowering 14. Existing pitches are in use 15. Fenstanton Avenue has recently been resurfaced and building works would damage the road

44 16. Overpopulation 17. Loss of trees 18. Loss of wildlife 19. Pollution 20. Surface parking is inefficient us of the site 21. An assessment of open space should be carried out 22. Loss of light 23. There is a need for more balance in the type of residential development – too many flats are being built

The application was advertised on site and in the local press.

Thames Water raised no objection to the planning application.

The National Playing Fields Association made no comments on the proposals.

The views of Sport England and the Environment Agency will be reported verbally at the Committee.

Applicants Statements

Two statements have been submitted in support of this application and in support of the revised proposals for the new sports hall. A summary of which is as follows:

Background Statement

Following the College being taken out of the Local Authority’s control in 1993, the College put forward an ambitious accommodation strategy that addressed the poor state of accommodation and proposed growth of the College. The strategy proposed:

1. Construction of a new sports hall 2. Conversion of the existing gymnasium into a two level refectory and the hall into a two level learning resources centre. 3. New two storey front entrance 4. Renovation of the 1960’s science block

These would be funded by selling two acres of land, supplemented by bids to the Further Education Funding Council and National Lottery. The scheme was thwarted by tender figures for the sports hall being over budget and further evidence being requested for the lottery bid. The land was sold and the governors were keen to press ahead with an improvement plan.

A new plan was drawn up comprising:

1. A purpose designed learning resources centre, science and computing building 2. Renovation of the science block and converting it into classrooms 3. Leaving the rest of the college as it was

A new Lottery bid would be required to fund the sports hall.

45 The first two phases of the strategy have been completed, in addition to the construction of an all-weather, floodlit sports pitch. These cost £3M and were made possible by the sale of 2 acres of land (£1.75M) and FEFC funding of £1.1M, the balance coming from the College’s reserves.

A new accommodation strategy has now been prepared and includes the replacement of the existing gymnasium and the replacement of demountable classrooms, an extended refectory and improved student entrance.

The one outstanding area of the 1994 strategy that has yet to be completed is “improved social and recreational facilities for students”. In a recent OFSTED inspection considerable dissatisfaction was expressed with “congested social areas, inadequate canteen facilities and small gym, lacking in modern equipment”.

The scheme can, no longer be funded through National Lottery. The projected cost would be partly met by the proposed sale of 0.62 acres of land, capital support from the Learning and Skills Council and the College reserves.

A-Level P.E. has become a popular and successful subject, but the present gymnasium is inadequate for the range of activities that need to be offered to students. The emphasis for older students is on adult indoor activities. Due to the present lack of facilities, much of the College’s recreational programme has to take place off-site. The new gymnasium would provide an improved recreational facility for local sports organisations that have to use the existing, small gymnasium.

Application Brochure

The proposed housing site is not in active recreation use, but comprises part of an area of open grassland, which as not been used as a sports pitch for more than 10 years.

Planning policy background encourages the development of additional dwellings, particularly units for smaller households and the full and effective use of previously developed urban land such as the application site.

Policy encourages the expansion of educational facilities and accepts that there may be cases where community benefit would justify the loss of playing fields/open space.

There is potential to provide a sports pitch to be laid out within the grounds, lying east-west, which provide a better facility than the existing north-south pitch, which is no longer in use due to its adverse slope and poor quality. There is also potential to provide tennis courts, displaced by the new sports hall.

The proposed sports hall would provide improved and extended facilities, which will be available to members of the public. There is an existing, all- weather sports pitch, which, along with the new sports hall, means that additional pitches are not required.

The residential element is required to fund the sports hall and it would not be possible to incorporate 30% affordable housing within the scheme. The

46 educational benefits provided elsewhere on the site are considered to outweigh any shortfall.

The new sports hall would provide an improved facility for the use of the college and the wider community. This would compensate for the loss of a small piece of land that has not been used as a sports pitch for many years, is poorly drained and unlevelled. PPG17 suggests that in the absence of an up- to-date open space audit, one factor that may justify development of a playing field is that the site is incapable of functioning as a playing field. The land is considered to fall into this category.

2. PLANNING APPRAISAL

Site Description and Surroundings

The application site is Woodhouse College and involves land in the north west corner of the college grounds. The site is bounded by Woodhouse Road, Fenstanton Avenue, Hemingford Close, Boxworth Close (both of which lead off the north end of Fenstanton Avenue), Hilton Avenue and allotments to the north. The main complex of college buildings is located along the Woodhouse Road frontage. To the north of these is a floodlit, all-weather sports pitch. Much of the remainder of the site is a playing field.

It is proposed to develop the north west corner of the college grounds, adjacent to No. 21 Hemingford Avenue and the boundary with the allotments. This area of land is grassed and forms part of the playing fields of the College.

The locality is predominantly residential in nature with Fenstanton Avenue and Hilton Avenue comprising, mainly two storey, semi-detached, single-family houses of two storeys in height (some with roof extensions/alterations). Fenstanton Avenue also contains a retirement home for the elderly.

At the north end of Fenstanton Avenue is a more recent development including Boxwoth Close and Hemingford Close, as well as further addresses in Fenstanton Avenue. This development comprises a relatively densely clustered group of two storey houses of traditional design.

There are a number of trees on this part of the site and in the adjacent allotment site, some of which are covered by a Tree Preservation Order.

Fenstanton Avenue has parking restrictions during the day and is part of a controlled parking zone with only resident permit holders allowed to park between 9AM and 5PM on Mondays to Saturdays. The more recent estate development has narrow roads with some off-street parking for individual houses and a series of parking bays.

Proposals

It is proposed to erect a two-storey, L-shaped building to provide 18 two- bedroom flats. The long wing of the building would be 42m long and a maximum of 12.5m wide and would be parallel to the boundary with the allotments. The other wing would project towards the college buildings and

47 would project 14m in front of the long wing and would be a maximum of 12.5m wide.

The building would be, typically, 5.5m high to eaves and 9.5m to the ridge of a pitched roof. 4 dormer windows would be provided: one on the front and rear elevations of both the long wing and the projecting wing.

The building would be of traditional appearance and have brick and render elevations and a pitched, tiled roof.

It is proposed to serve the building by way of an access road leading off the north end of Fenstanton Avenue, effectively in front of No. 41 Fenstanton Avenue. This would lead to two parking areas that provide a total of 27 spaces (including three disabled parking spaces).

Communal amenity areas are shown between the buildings and the allotments and a smaller area behind the projecting wing.

An electricity sub-station, 3.6m deep, 3.6m wide and 3.5m high, and a bin store 3.9m deep, 3m wide and 3m high are also proposed.

Material Planning Considerations

There are considered to be three main areas relevant to this planning application:

1. The loss of playing fields and open space.

2. The residential development.

3. Effect upon trees on and adjacent to the site.

Loss of Playing Fields and Open Space

The open playing field site contributes to the local amenities of the area by providing open green space which, although not public open space is in use for informal recreation, although no pitches are formally marked out.

The loss of this part of the playing field area would directly conflict with both adopted and Revised Deposit Draft development plan policies where the council will resist proposals to build upon disused playing fields and sports pitches.

The disposal and replacement of school playing fields is governed by the Secretary of State through the School Standards and Framework Act and the Education Act. This legislation requires suitable and adequate replacement of school playing fields and sports facilities.

(Planning for Open Space, Sport and Recreation) highlights the importance of playing fields and advises that the development of a playing field should not be allowed unless there is replacement of equivalent or better quantity and quality and in a suitable location or the proposed development is for an

48 outdoor or indoor facility which will benefit sport and outweigh the loss of the playing field.

Planning Policy Guidance Note 17 states that:

“In advance of an assessment of need, local planning authorities should give very careful consideration to any planning applications involving development on playing fields. Where a robust assessment of need in accordance with this guidance has not been undertaken, planning permission for such developments should not be allowed unless:

(i) the proposed development is ancillary to the use of the site as a playing field (e.g. new changing rooms) and does not adversely affect the quantity or quality of pitches and their use; (ii) the proposed development only affects land which is incapable of forming a playing field (or part of one); (iii) the playing fields that would be lost as a result of the proposed development would be replaced by a playing field or fields of equivalent or better quantity and quality and in a suitable location; or (iv) the proposed development is for an outdoor or an indoor sports facility of sufficient benefit to the development of sport to outweigh the loss of the playing field”

An assessment of the proposal against these four criteria is set out below:

(i) the proposed development is for residential purposes, albeit that it is intended that the sale of this part of the site for this purpose would allow the funding of the new sports hall, which would provide, not only improved indoor sports facilities, but improved changing rooms that would allow increased use of the existing all-weather pitch (ii) the application proposes development on one part of the playing fields and although the supporting statements say that the area is not suitable for a sports pitch due to poor drainage and being unlevelled, it has not been demonstrated that funding does not exist to implement the necessary works to allow the area to be used as a pitch (iii) no replacement playing field provision has been made as part of this proposal (iv) the proposed redevelopment of this part of the site would fund the redevelopment of the existing, sub-standard sports hall facilities and this could justify the loss of this area of the playing fields

There are two aspects pertinent to item iv) above:

• The economic justification • Enhancement of indoor facilities resulting from the new sports hall

As noted from the Applicant’s planning statement, the sale of the area of land upon which Hemingford Close, Boxworth Close and part of Fenstanton Avenue were built was intended to fund an improvement programme that included a replacement sports hall (approved as part of the planning

49 permission for the residential scheme). The applicant states that adequate funding was not available to construct the sports hall and that other improvements were undertaken instead. Now there is a pressing need to construct the sports hall and further funding is required. It is considered that a robust economic case for the enabling residential development has not been fully made out in this case.

The area of the playing fields to be developed does not have formally marked out pitches; however, it is mown and has been used for informal recreation. The applicant states that the new sports hall would provide improved facilities, not only for the school, but also the community. However, no assessment is provided of the current use neither of the proposed development site or the existing sports hall, nor of the likely level of use and by whom of the replacement sports hall. The case has not been fully made for community access to the sports hall, setting out scenarios before and after, which would be needed to demonstrate that the proposed development would allow for the provision of an improved indoor sports facility to outweigh the loss of part of the playing field.

It is considered that inadequate evidence has been submitted to demonstrate that the residential development and the replacement sports hall would meet the criterion under item iv), as listed above from PPG17, with regards to the provision of an indoor sports facility of sufficient benefit to the development of sport to outweigh the loss of the playing field.

In terms of the open space aspect of the site, the playing field contributes to an extended sense of openness beyond gardens of the surrounding houses and the allotments to the north, as well as within the college grounds. However, mature tree screening and fencing along the western and northern boundaries provide significant screening and a sense of enclosure to the college grounds. It is not considered that the contribution of this area of the site to the visual amenities of the area is so significant that the loss of it would undermine the aims of development plan policy. Furthermore, the proposed building would be positioned on a part of the site close to existing residential development and would be located towards the site boundary and would therefore not appear as an isolated feature.

The Residential Development

The proposal would provide 18 two-bedroom flats comprising 54 habitable rooms on a site of approximately 0.26 hectares, resulting in a density of approximately 204 habitable rooms per hectare. This would be higher than the surrounding development, albeit that Hemingford Close, Boxworth Close and the northern end of Fenstanton Avenue is a densely developed estate of family housing. Nevertheless, national planning policy states that more efficient use should be made of land within urban areas, providing that this does not conflict with other material planning objectives.

The proposal meets and in many cases exceeds the minimum separation distances to meet development plan standards with regards overlooking and loss of privacy. The proposal also provides adequate amenity space for the occupiers of the flats.

50 The properties that would experience the greatest visual impact are No. 21 Hemingford Close and Nos. 29 to 41 (odds) Fenstanton Avenue. The houses in Hilton Avenue would be in excess of 50m from the side elevation of the building. The side elevation of the proposed building would be approximately 22m away from the side elevation of No. 21 Hemingford Close and the front corner of the building would be a minimum of 38m from No. 41 Fenstanton Avenue. A “street” elevation showing the north end of Fenstanton Avenue and No. 21 Hemingford Close shows that the proposed building would have a similar eaves height to that property, with the roof height increasing with distance from that property. In view of the degree of separation, it is considered that the proposed building would not be over bearing or visually obtrusive, nor would it cause loss of light or overshadowing, detrimental to the amenities of adjoining occupiers.

The proposed building would be of a traditional pitched roof design and use traditional materials. A number of front door openings are provided in the elevations facing the car parking areas and so the building would take on the appearance of a terrace of houses, such as exist on the adjoining development. Whilst it is true to say that the locality comprises predominantly single-family dwellinghouses, it is considered that the design of the building is such that it would not be harmful to the character and appearance of the area.

The Effect Upon Trees on and Adjacent to The Site

A number of trees exist on the northern boundary with the allotments and a statutory Tree Preservation Order covers one of these. This tree could be lost or damaged either directly as a result of the proximity of the building, or due to the lack of working space.

Other Issues

The proposal includes 27 car parking spaces, including three disabled spaces. This involves provision at a ratio of 1.5 spaces per unit and this provision meets development plan standards. Consequently, it is considered that such provision would ensure that parking takes place, only within the site, without spreading onto the surrounding streets with consequent impacts upon highway and pedestrian safety. Refuse provision is generally considered to be acceptable.

Section 106 Items

The proposal could place additional burdens on the provision of educational facilities in the locality. This would require a contribution of £13357.98. No financial contribution towards the cost of such provision has been offered. However, it could be argued that the resulting improvements in educational facilities resulting from the new sports hall could offset the required financial contribution.

The local planning authority would normally seek an on-site provision of affordable housing on residential developments of more than 15 units. No such provision has been made on the grounds that this could affect the financial viability of the scheme and consequent funding for the new sports hall.

51 No undertaking has been given that a financial contribution towards the funding of improvements to existing open space provision in the area, to offset the loss of the existing playing fields, would be forthcoming.

3. CONCLUSION

This is a finely balanced case where the issue of improving educational facilities must be weighed against the building on the open space. It could be argued that the provision of the new sports hall would provide an improvement in sports facilities that would benefit, not only the College, but also the wider community, to offset the loss of this area of playing fields. However, it is considered that the financial justification has not been fully made and the resulting improvement in facilities and increased use that the new sports hall could bring has not been fully demonstrated.

In all other respects, the proposed development is considered to be generally acceptable.

C03312AR/05

WOODHOUSE COLLEGE, WOODHOUSE ROAD, LONDON N12

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Based on the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationary Office Crown Copyright. Unauthorised Scale 1:1250 reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. London Borough of Barnet LA086290 2003

LOCATION: UNIT 2B GREAT NORTH LEISURE PARK, Chaplin Square, London, N12 0GL.

REFERENCE: C11441BH/05 Received: 6 May 2005 Accepted: 6 May 2005 WARD: Woodhouse Expiry: 1 Jul 2005 Final Revisions: APPLICANT: Chimichango

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