EEC/08/120/HQ Development Control Committee 4 June 2008

Town and Country Planning General Regulations 1992 - Regulation 3 District Council: Construct replacement playing fields pavilion at Westville Playing Field, Community College, Balkwill Road, Kingsbridge, , TQ7 1PL Application No: DCC/2568/2007 Date Application received by County Council - 19 November 2007

Report of the Director of Environment, Economy and Culture

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that subject to the submission of evidence to confirm that bats would not be harmed as a result of the development, the County Solicitor be authorised, pursuant to the provisions of Regulation 3 of the Town and Country Planning Regulations 1992, to grant planning permission subject to the conditions including: standard 3 year commencement; accordance with plans; slate roof and timber boards for cladding, windows and doors, submission of a Sustainable Urban Drainage Scheme, removal of two windows on south east elevation.

1. Summary

1.1 This report relates to the replacement of an existing redundant playing field pavilion with a new sports pavilion.

1.2 In this case the relevant issues to the application are the nature conservation impacts and particularly the potential to affect bats, the appearance of the buildings in relation to its surroundings, and the impact upon the privacy of surrounding residents.

2. The Proposal/Background

2.1 Kingsbridge Community College is located to the south-west of Kingsbridge town centre and is accessed from the A381 road that leads to and towards . The school site is linear in its form and the proposed sports pavilion is located at the western end of the site on a playing field bounded by West Alvington Hill, Ashleigh Road and Balkwill Road. Residential properties align Ashleigh Road on its eastern side, the playing field, a car park, and other school building are found beyond the playing field to the south and west.

2.2 The site lies within the South Devon Area of Outstanding Natural Beauty (AONB), at the top of the valley above the Kingsbridge Estuary. The estuary is designated as Site of Special Scientific Interest (SSSI).

2.3 A new sports pavilion to provide changing facilities is proposed to replace an existing pavilion which is in a poor state of repair. The new building would be located at the north east corner of a playing field (in the same location as the existing) which is situated on a raised bank which gently slopes down towards Balkwill Road to the south.

2.4 The proposed pavilion would measure 12.8 metres, 5.8 metres with a porch, and will stand five metres high. A pitched roof is proposed that incorporates a pitched roof porch over a main entrance that is elevated on timber poles. High level windows are proposed across the front of the building and wrap around the north west and south east elevations. The building would be timber clad and the pitched roof would be covered in slate tiles.

2.5 The existing pavilion measures 15.4 in length and 7.4 metres in width. It is timber clad with a pitched roof that projects over a veranda at the front of the building. This building is believed to have been built in 1921. The school has informed the County Planning Authority it has chosen to replace rather than repair the existing pavilion as this would not current building regulations.

3. Consultations

3.1 South Hams District Council – recommended no objection to the application at is Committee on 21 May 2008, subject to the imposition of conditions relating to the details of the colour and finish of the timber cladding and that the roof be clad in natural slates.

3.2 Kingsbridge Town Council - Recommends refusal – after consideration of comments made by local residents about the design of the new pavilion not being in keeping with the local area.

3.3 South Devon AONB Partnership - No Objection - The development lies within the South Devon South Devon AONB boundary but also lies within an existing developed area of the town. It proposes a simple replacement of an existing building with a structure of similar impact. The partnership concludes that the impact of the proposed development on the landscape and natural beauty of the AONB will be minimal.

4. Advertisement/Representations

4.1 This application has been advertised in accordance with the statutory publicity requirements and as a result of these procedures nine letters of representation have been received.

4.2 Copies of all letters of representation received will be displayed at the Meeting.

4.3 The following comments were made in the letters of representation:

(i) Concerns have been raised about the modern appearance of the proposed building and that this is perceived to be out of character with the surrounding area where the buildings are typically Edwardian and Victorian in design. It is recommended that the external appearance of the proposed building is more in keeping with the appearance of the existing pavilion with the use of similar features. The band of high level windows are considered not to be in keeping with the locality.

(ii) Support and agreement that the existing pavilion is in a very poor state of repair and needs replacing.

(iii) The following recommendations have been made by those making representations:

- the use of slate tiles to match the existing and surrounding properties; - the use of frosted glass on the windows either side of the doors; - the restoration of the colonnade; - a reduction in the size of the canopy; - remove modern windows on north west and south east elevations and replace with cladding.

5. Planning Policy Considerations

5.1 In considering this application the County Council as County Planning Authority is required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise. In this case the Development Plan policies are summarised in Appendix I to this report, and the most relevant are referred to in more detail in Section 6 (Comment/Issues).

6. Comments/Issues

6.1 In this case the relevant issues to the application are the nature conservation impacts and particularly the potential to affect bats, the appearance of the buildings in relation to its surroundings, and the impact upon the privacy of surrounding residents.

Nature Conservation

6.2 There is a potential for bats to be roosting in the existing redundant building. A bat Survey has been requested to identify if bats are currently residing in the building. The results are currently awaited. As bats are protected by European legislation and to ensure the development does not conflict with Structure Plan Policy CO10 (Protection of Nature Conservation Sites and Species). The results of the survey will need to show that there are no bats present or, if they are, that the development can only proceed if it can be demonstrated that the building can be removed without killing, injuring or disturbing bats and that the design of the new building can accommodate bats wanting to roost there. If bats are present a separate licence will have to be obtained from Defra. (Department for Environment, Food and Rural Affairs).

Design

6.3 The scale and massing of the proposed building – being similar to that of the existing building, is considered to reflect the scale and form of the surrounding buildings.

6.4 The appearance of the building is relatively similar in form to the existing building, other this is except for a larger porch which meets the height of the ridge line of the roof and the omission of a veranda across the entire front to the building. High level windows did not form part of the previous building but it is considered that these are needed to provide light into the changing rooms and that they do not have a negative effect upon the buildings appearance. It is recommended that the windows and doors are also timber to match the rest of the building.

6.5 The building would be clad in timber, a similar material to the previous pavilion, and this is considered an appropriate material to use within the South Devon AONB. It is recommended that if the application is approved that a condition is used to require that natural slate tiles are used in the roof and Larch timber (sourced from sustainable forests) is used to clad the building. This will ensure the development satisfies the requirements of Structure Plan Policy CO6 (Quality of New Development).

Impact upon the privacy of surrounding residents

6.6 The use of high level windows on the south east elevation would help to reduce views into nearby residential properties on Ashleigh Road. It is noted that there are more windows in the south east elevation (adjacent to the residential properties) when compared to the north west elevation. To minimise an impact upon privacy for the surrounding properties it is recommended that these are reduced in number from four to two, and that this can be achieved by the imposition of an appropriately worded condition.

Highway Considerations

6.7 There are no highway requirements or implications as the proposed access to the pavilion would be pedestrian only, across the grass playing field.

Disabled Access

6.8. It is noted that there is no specific provision to enable access for those with mobility difficulties. However, the school has informed the (County Planning Authority) CPA that the building and adjacent playing field are used for training purposes and not to provide the school curriculum, and that if pupils with mobility difficulties need to use this playing field, changing facilities with full disabled access are available in the nearby school block.

Sustainability Considerations

6.9 The use of sustainable materials is proposed for the building, including larch timber obtained from sustainable forests. It is also recommended that a condition is imposed to ensure that a sustainable drainage system is used.

7. Reasons for Recommendation/Alternative Options Considered

7.1 The Committee has the options of approving, deferring or refusing this planning application. It is recommended that, provided that it can be demonstrated that the development can be carried out without killing, injuring or disturbing bats, it is approved subject to using the conditions set out in this report to ensure the building fits in with its surroundings, and has limited impact upon the privacy of surrounding residents. Edward Chorlton

Electoral Divisions - Kingsbridge

Local Government Act 1972

List of Background Papers

Contact for enquiries: Stewart Redding

Room No: ABG, Lucombe House

Tel No: 01392 383233

Background Paper Date File Ref.

Casework file Current DCC/2568/2007

hs120508dca sc/westville playing field 4 hq 290508

Appendix I To EEC/08/120/HQ

Planning Policy Considerations

In this case it is considered that the most relevant Development Plan policies are as follows:

Regional Planning Guidance for the South West: RPG10 (September 2001) : Policies SS7 (Meeting Local Needs); SS19 (Rural Areas); EN1 (Landscape and Biodiversity); EN3 (Historic Environment); EN4 (Quality in the Built Environment); EN5 (Health, Education, Safety and Other Social Infrastructure); TCS2 (Culture, Leisure and Sport); RE1 (Water Resources and Water Quality); RE2 (Flood Risk),

Devon County Structure Plan 2001-2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon’s Communities);ST5 (Development Priority 2001 to 2016); ST15 (Area Centres); CO1 (Landscape Character and Local Distinctiveness); CO3 (Areas of Outstanding Natural Beauty); CO7 (Historic Settlements and Buildings); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO13 (Protecting Water Resources and Flood Defence).

Local Plan Policies South Hams Local Plan 1989 - 2001 (1996) South Hams Local Plan 1989 - 2001 (1996): Policies SHDC1 (Development Boundaries); SHDC 15 (Design); SHDC 19 (Historic Buildings); SHDC 20 (Archaeology and Ancient Monuments),

Emerging planning policy and other policy documents, which may be regarded as a material consideration include:

South Hams Local Plan Review - First Deposit, 1995-2011 – Policies DS1 (Area Centres); DS3 (Development Boundaries); DEV1 (Sustainable Development); DEV5 (Infrastructure); DEV 7 (Flood Prevention); DEV17 (Safeguarding Amenity); DEV18 (Access for All); DEV23 (Protecting Landscape Character); DEV26 (Landscaping - General); ENV1 (Landscape Character); and ENV2 (Areas of Outstanding Natural Beauty); ENV 8 (Protected Species).

South Hams Local Development Framework – Core Strategy Policies: - CS1 (Location of Development); CS7 (Design); CS9 (Landscape and Historic Environment); CS10 (Nature Conservation); CS11 (Climate Change).

In preparing this report regard has been had of relevant National Planning Policy Guidance and Statements, in particular:

PPS1 (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); PPS9 (Biodiversity and Geological Conservation); PPG13 (Transport); (Planning and the Historic Environment); PPG17 (Sport and Recreation).