Planning Committee Agenda Item No. 4(a)

2 November 2010

Regulation 3 Application (County Development)

Demolition of exisiting Rother College and creation of new 1,500 pupil (Midhurst Rother Academy), construction of associated sporting facilities, including a floodlit artifical turf pitch, and new vehicular and pedestrian access off North Street

Midhurst Rother College, Lamberts Lane, Midhurst,

Application No: WSCC/082/10/MI/SDNP

Report by Divisional Manager (County Development)

Local Member: Nola Hendon District: Chichester

Executive Summary

Development of a new 1,500 place education facility is proposed at Midhurst Rother Academy (previously ). It is one of four academies proposed to be developed as part of the current West Sussex Academies Programme.

The development site comprises the River site and Lambert’s Lane site (Old Grammer School buildings and playingfields), Whiphill Farm, and Rother House (former care home). The application site also includes a strip of argicultural land to the west of the Lambert’s Lane site.

The existing college comprises two sites at the , including Capron House in Midhurst and an intermediate school at Easebourne. The proposal involves the amalgamation of the two school sites to one central campus at the River Site and Lambert’s Lane site. The existing Grammar School campus fronts onto North Street with existing playing fields extending in front of the main school building.

The existing campus buildings date predominantly from the 1950s and fail to meet modern educational standards which require good internal circulation; disabled access; amenity areas; security; and energy efficiency. Sports facilities currently located on the campus comprise a hard-surfaced, multi-use games area (MUGA), grass rugby and cricket pitches, training grids, and a running track.

It is proposed to demolish the existing grammar school buildings and nearby Rother House, Lucas House, and old gymnasium building to facilitate the development of a single Academy campus and to retain Whiphill Farm House and old stable building. The new academy building would be centred on the footprint of the existing Grammar School. The proposals also include the introduction of a new access road off North Street and extended and improved sport facilities within a safe and secure campus environment.

This report provides a generalised description of the site and describes the proposal and policy context within which it should be considered.

Statutory consultees generally support the principle of a new education facility. However, Midhurst Town Council has raised concern regarding the proposed design and Chichester District Council (CDC) and the South Downs National Park Authority (SDNPA) raise objection to the current application scheme solely on the grounds of design.

Three representations were received from local residents and third party representatives. Local residents accept the principle of the proposed development but raise concern with specific aspects of the proposal including future screening and impact of cars and buses parking on residential amenity and the position of the Lambert’s Lane barrier in relation to neighbouring properties. One third party objection was received from the South Downs Society objecting on grounds of design and the loss of the permissive path.

Consideration of Key Issues The main material planning considerations are whether the proposal: • is in accordance with national policy on development in a national park; • meets an identified educational/community need; • is satisfactory in terms of design and appearance; • is acceptable in terms of highway capacity and road safety; and • has an acceptable impact on local amenity.

Policy on National Parks

In addition to a consideration of need and the impact on the environment, landscape, and recreation, national policy requires an assessment of the scope for developing outside the park area or of meeting the need in some other way. Given that the proposal is for a replacement school in the heart of the National Park, there is considered to be no alternative to the proposed location and no alternative way of meeting the need. Accordingly, the proposal accords with national policy on this matter.

Identified Educational/Community Need

The education buildings and disjointed campus arrangement of the existing Academy are no longer sufficient to meet current education standards. The development of the Academy will meet the educational vision of the County Council as education authority in line with national policy. It will afford significantly improved opportunities for community use of the facilities provided and meet the requirements of the Disability and Discrimination Act.

Design and Appearance

The proposal for the new Academy building has been guided by: the extended and convoluted nature of the site; the steep topography on its north-west facing boundary; proximity to pockets of residential development to the south and east; the economic necessity to retain the existing sports hall; the aesthetic desirability of preserving architecturally significant older buildings; and the need to deliver a single Academy campus with a new primary access and improved sports facilities. It is considered that the approach taken to the location, scale, form, and design of the

building (subject to minor changes required to the south-east elevation) is a balanced and appropriate response to these constraints. The building would express its learning function in a deliberately understated manner using a rich palette of materials, reflecting its townscape and landscape setting. The proposal includes a range of sustainability features and rationalised outdoor sport and learning spaces.

Highway Capacity and Road Safety

The Highway Authority has raised no objection in terms of highway capacity and safety. Although the proposal would significantly increase pupil and staff numbers, it is acceptable in terms of the degree of traffic that the site will generate and the on-site parking provision.

Impact on Recreational and Local Amenity

The additional pupils, staff and out-of-hours activity associated with development of the Academy will not cause unacceptable impact on neighbouring amenity. The scale, massing, and location of the built elements of the development, including the new access road, will not impact unacceptably on the amenity/privacy of the residents. Provided that appropriate conditions are attached to the permission to preclude use beyond unreasonable hours and to require submission, approval and monitoring of mitigation schemes to reduce potential amenity impacts, the use of the Academy and associated Floodlit MUGAs and ATP will not give rise to unacceptable impact on the amenity of the occupants of adjoining residential properties. The loss of a permissive footpath is regrettable but accepted on the basis of concerns for pupil security.

Conclusion

The proposed development relates to an existing educational site adjacent to Midhurst town centre within the South Downs National Park. It has been assessed in accordance with national policy to determine whether there are exceptional circumstances that justify permission being granted. First, there is a need for the development as it will provide the Academy and local area with a needed, modern education and community facility to facilitate the delivery of the national curriculum and support community development. Second, given that the proposal is for a replacement school in the heart of the National Park, there is considered to be no alternative to the proposed location and no alternative way of meeting the need. Third, it is of an appropriate design within the local context (subject to minor changes to the south-east elevation) and it is considered that the impacts of the development on the environment, landscape, and recreation can be moderated and controlled through the imposition of appropriate conditions. In addition, it is considered that other impacts, e.g. on highway capacity and road safety and on local amenity, can also be controlled. Overall, it is considered that the proposal is in accordance with the relevant development plan policies and national policy on major development in a National Park.

Recommendation

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

1. Introduction

1.1 This report concerns a proposal by the Executive Director (Adults and Children) for the re-development of Midhurst Rother College to provide a 1,500 place Academy. The scheme is the one of four academies to be developed as part of the current West Sussex Academies Programme.

1.2 The Academy building would be constructed on the River site campus (the old Grammar School site) requiring the complete demolition of the existing Grammar School, while the Easebourne campus and Capron House (together with the use of Rother House for administrative purposes and the provision of temporary classrooms) enable continued curriculum delivery. Upon completion of the new Academy building and, where space permits, the associated sports facilities, the pupils and staff will decant into the new facility enabling closure of the Easebourne campus and the demolition of Rother House.

1.3 The proposed sports facilities will be available for community use outside core Academy hours. A Community Use Agreement (CUA) will be required to establish the nature and degree of community use.

2. Site Description

2.1 The development site covers an area of approximately 11 hectares comprising the existing Grammar School campus at the River and Lambert’s Lane sites, with buildings that date predominantly from the 1950s. The campus also encompasses Rother House and Whiphill Farmhouse as well as a parcel of agricultural land that wraps around the north-west of the site. The additional land has been included to accommodate increased and improved sport facilties.

2.2 The proposed campus is located on the edge of Midhurst town centre, just outside the built-up area as defined in the Chichester District Local Plan. It is adjacent to a Conservation Area and within the South Downs National Park. The Academy site is surrounded by open space to the north-east and north- west characterised by undulating countryside. It sits in a natural bowl in the landscape with a small woodland copse demarcating the south-western boundary, the wooded Whiphill rising up beyond the northern corner of the site, and the River Rother running along the north-eastern boundary, again featuring a wooded area.

2.3 The southern part of the site is closely related to the wider townscape of Midhurst with pockets of residential development bordering the Academy boundary at Lambert’s Lane and North Street. (Appendix 2: Site Location)

2.4 The main River site is currently accessed from Lambert’s Lane; a narrow secondary road that gives access to the Lambert’s Lane site, public tennis courts, and residential properties.

2.5 There are a range of existing sports pitches and facilities located on the site including hard courts, rugby pitch, cricket pitch, training grids, and a grass running track.

3. Recent Planning History

3.1 MI/1658/04 – provision of a school hut for five years (approved)

3.2 MI/3279/04 – construction of new sports centre (approved).

3.3 WSCC/079/10/MI/SDNP - temporary classroom accommodation, change of use to existing Rother House, and provision of overhead cable to Lambert’s Lane. (Approved)

4. The Proposal

4.1 The existing campus buildings fail to meet modern educational standards which require good internal circulation; disabled access; amenity areas; security; and energy efficiency. The existing facility’s ability to meet modern educational standards is further compounded by the disjointed physical relationship between the existing campus sites.

4.2 The proposal is for: • demolition of the existing Grammar School building, Rother House (former care home), Lucas House and old gymnasium building to facilitate the new Academy building; • retention of the modern sports hall, Whiphill Farm House and old stable building; • construction of a new access road from North Street to provide a new primary access to the site including new car park layout and coach parking, with the retention of the existing access off Lambert’s Lane as a secondary access for pedestrians and cyclists; and • provision of new sports facilities including sports pitches; running tracks and training grids; multi-use games areas (MUGAs); and a floodlit artificial turf pitch (ATP).

4.3 The proposed location of the new Academy building would be centred on the footprint of the old Grammar School building, 220m from North Street. (Appendix 3: Proposed Layout, Appendix 4: Proposed Elevations/Views) The proposed access road from North Street and provision of additional and improved sports facilities located at the old Lambert’s Lane site would introduce a new relationship between the campus and neighbouring properties located off North Street and Lambert’s Lane.

4.4 The new Academy building, which would be predominantly three-storey with a two-storey wing facing south-east, would cater for 1,500 pupils and 166 full- time equivalent staff. This represents an increase of 1,000 pupils and 55 staff to the River Site.

4.5 The new building comprises teaching and additional specialist user spaces. The building is modelled on a central atrium design with four core wings accommodating the four ‘houses’ each specialising in different curriculum faculties, each with its unique identity and teaching hierarchy. In addition to the teaching spaces, the Academy building will provide a new Performing Arts Facility, and a Science and Design and Technology Centre. It is proposed to accommodate a roof terrace which would be orientated towards the front of the Academy.

4.6 The proposed building would be finished using a high quality palette of materials which includes a mixture of brickwork, timber veneered strips in combination with aluminium/composite window frames. The mechanical services plant will be located on the main roof suitably enclosed by buff coloured terracotta blocks and set back from the building edge to limit visibility. The pitched roof fronting North Street will be finished in a fibre cement slate to provide a modern interpretation of local vernacular. If approved, the final details of the building can be secured by condition.

4.7 The Academy building has been designed to achieve BREEAM rating of ‘Very Good’. The design would incorporate a number of sustainability measures, including photovoltaic panels on the roof and building façades. A biomass boiler would service 30% of the peak heating load and roof mounted air source heating and cooling pumps would provide 70% of the peak heating load.

4.8 The proposed landscape approach seeks to enhance the established parkland setting of the Academy and to incorporate landscape features which will provide useable outdoor space. This has been achieved by the inclusion of a tree-lined boulevard at the entrance to the Academy and the creation of a turfed amphitheatre within the natural slope of the landform, and a hard amphitheatre and curriculum gardens set into the landscape at the rear of the main building.

4.9 The proposed on-site parking will provide for 150 cars (including seven disabled spaces), space for 138 cycles and 10 school bus bays, all of which (except for cycles) would be accessed from the new access road off North Street.

5. Policy

Statutory ‘Development Plan’

5.1 Planning applications must be determined in accordance with the statutory ‘Development Plan’ unless material considerations indicate otherwise. For the purposes of the application, the following adopted planning policy document forms the statutory ‘Development Plan’: Chichester District Local Plan (1999). The key policies in the ‘development plan’ are summarised below. In addition, reference is made to relevant national planning guidance and other policies that guide the decision-making process, all of which are material to the determination of the application.

Chichester District Local Plan (Saved Policies) (1999)

5.2 The key policies from the Local Plan are: • Policy BE6 – Conservation Areas • Policy BE11 – New Development • Policy BE14 – Wildlife habitat, trees, hedges and other landscape features. • Policy BE16 – Energy Conservation • Poligy TR6 – Highway Safety • RE17 – Communitiy Facilities in the Rural Area

Planning Policy Statement 7 – Sustainable Development in Rural Areas (August 2004)

5.3 This national policy document contains guidance to complement other policy regarding development in rural areas and the protection of the rural area from the impacts of development. Paragraph 21 deals with planning in nationally designated areas, such as the South Downs National Park. It states that: “Nationally designated areas comprising National Parks … have been confirmed by the Government as having the highest status of protection in relation to landscape and scenic beauty. The conservation of the natural beauty of the landscape and countryside should therefore be given great weight in planning policies and development control decisions in these areas. The conservation of wildlife and the cultural heritage are important considerations in all these areas. They are a specific purpose for National Parks, where they should also be given great weight in planning policies and development control decisions ….”

5.4 PPS7 goes on to state that major developments should not be permitted in National Parks except in exceptional circumstances and that it should be demonstrated that they are in the public interest before being allowed to proceed. Therefore, an assessment should be undertaken to examine the need for the development; the scope for developing outside the park area or of meeting the need in some other way; and the impact on the environment, landscape, and recreation.

5.5 In addition to the above, there is a general duty placed on the County Council to have regard to the purposes of national park designation when taking a decision that may affect land in a National Park. If there is conflict between these purposes, then the first must take precedence. The purposes are as follows: (1) to conserve and enhance the natural beauty, wildlife and cultural heritage of the area; (2) to promote opportunities for the understanding and enjoyment of the special qualities of the park by the public.

6. Consultations

6.1 Chichester District Council (Planning Committee): Holding objection is raised until an independent design review of the proposals can be undertaken and the outcome and any resulting revisions can be assessed.

6.2 Chichester District Council (Design and Implementation Manager): Holding objection until an independent design review of the proposals can be undertaken and the outcome of any resulting revisions can be assessed. Objection is raised to the main building, its scale, design and suitability in this location in that the proposed design does not meet the broader requirements of the site’s landscape setting within the South Downs National Park, on the edge of an historic town, and adjacent to a Conservation Area. Comments that “this requires a high quality design, but also a sense of understatement, which fully respects and reflects its context” and goes on to suggest that “a more inspiring design that reflects the natural, historic environment would be appropriate”. Also commented that “the present design would be regarded as having a negative impact on the Conservation Area”. A complete copy of CDC’s Design

and Implementation Manager’s comments together with the applicant’s architect’s design response is attached at Appendix 5.

6.3 Found the layout of the scheme to be generally acceptable and raised no objection to the demolition of the school buildings on Lambert’s Lane and the allocation of this land to playing fields.

6.4 Chichester District Council (Environmental Health): No objection subject to recommended conditions.

6.5 Midhurst Town Council: Members generally support the proposals but raise the following points: • Design – industrial façade rather than a 21st century college • Impressed with the sports facilities included in the design but concerned about the level of site security proposed – facilities will be available for use by the community. • Understood that the academy has chosen the central hub concept for its own reasons but surprised as it creates an interchange where congestion could easily occur. • Disappointed that there was no provision within the proposals for a Youth Club/ Wing • Concerned that the number of trees to be removed – would like an independent arboriculturalist to visit the site and confirm that all tree felling is necessary and acceptable. • Concerned that there are no details of signage in the proposals. The current temporary signage is considered inappropriate within the conservation area. • Welcome new road layout and considered that it should improve traffic flow in Lamberts Lane but identified the following areas of concern: o Entrance gates should be set back out of view o Developers should be required to make a payment to the Trustees of the Ognell building so that rear and side windows can be double glazed. • Applauded ‘green initiative’ such as the inclusion of the biomass boiler – could solar or photovoltaic panels also be installed. • Loss of Whip Hill Farm footpath

6.6 South Downs National Park Authority: Supports the principle of a modern, state of the art facility to meet the needs of secondary educational needs of Midhurst and the surrounding catchment. However, the NPA raises concern with the design of the proposed Academy, and in its view the design “is of insufficient quality for this very significant development for Midhurst and the Park in the context of this sensitive site…” The NPA wishes the proposal to be the subject of a design review by an Architects’ Advisory Panel or similar body and requests the County Council not to determine this application until the issues surrounding design have been resolved.

6.7 Environment Agency: No objection subject to conditions.

6.8 Sport : No objection subject to conditions.

6.9 Natural England: No comment.

6.10 English Heritage: General observations.

6.11 Southern Water: Southern Water can provide foul sewage disposal to service the proposed development. Southern Water requires a formal application for a connection to the public sewer to be made by the applicant or developer.

6.12 WSCC Highways Authority: No objection subject to conditions - within the Transport Assessment submitted with the planning application, it has been demonstrated, using nationally recognised procedures that there will be no significant impact on the local roads, resulting from the proposed development.

6.13 WSCC Ecology: No objection subject to conditions

6.14 WSCC Archaeology: Phase 1 of the field evaluation has been carried; as yet a very small amount of prehistoric pottery was recovered during these works, but no definite ancient archaeological features were identified. The carrying out of Phase 2 field evaluation should not now be needed. Further information required: submission of the reports summarising the findings of the exploratory archaeological work carried out and a Written Scheme of Archaeological Investigation. No objection subject to suitable archaeological safeguards.

6.15 WSCC Architect: No objection - The architect has an open brief on this site. There are no townscape constraints. He has created an innovative plan layout and a rich palate of materials and detailing. It is not restrained like the 1950s buildings that are being replaced. The plant screens are novel. The materials should weather reasonably well. The workmanship will be critical to achieve a crisp finish.

6.16 WSCC Landscape Architect: No objection subject to conditions.

7. Representations

7.1 The application was publicised in accordance with article (8) (5) (a) of The Town and Country Planning (General Development Procedure) Order 1995. In response to the erection of eight site notices located around the Academy site, an advertisement in the Midhurst and Observer, and 39 neighbour notification letters, three representations from members of the public and third party representations have been received. The main concerns relate to: • impact of cars and buses parking on local residential amenity (1); • noise impact (1); • location of campus barrier in relation to neighbouring property (1); and • design (1);

8. Consideration of Key Issues

8.1 The main material planning considerations are whether the proposal: • is in accordance with national policy on development in a national park; • meets an identified educational/community need;

• is satisfactory in terms of design and appearance; • is acceptable in terms of highway capacity and road safety; and • has an acceptable impact on recreation and local amenity.

Policy on National Parks

8.2 National policy requires that proposals for major development in National Parks are subject to the most rigorous examination because of the potential serious impact on natural beauty and recreational opportunities. Paragraph 22 of PPS7 states that consideration of such proposal should include an assessment of: “(i) the need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy; (ii) the cost of, and scope for, developing elsewhere outside the designated area, or meeting the need for it in some other way; and (iii) any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated.”

8.3 The need for the development (criterion i) is addressed in paragraphs 8.5-8.8. With regard to criterion (ii), given the location of Midhurst within the heart of the National Park, there is no scope for locating the development outside the designated area and given that this is a replacement for an existing school, no scope for meeting the need in some other way. The effects of the proposal on the environment, landscape and recreation (criterion iii) are addressed separately in the consideration of ‘Design and Appearance’ and of the ‘Impact on Recreational and Local Amenity’.

8.4 In conclusion, in addition to a consideration of need and the impact on the environment, landscape, and recreation, national policy requires an assessment of the scope for developing outside the park area or of meeting the need in some other way. Given that the proposal is for a replacement school in the heart of the National Park, there is considered to be no alternative to the proposed location and no alternative way of meeting the need. Accordingly, the proposal accords with national policy on this matter.

Identified Educational/Community Need

8.5 The existing Midhurst Rother College was formed by the amalgamation of three former local secondary schools; , Midhurst Intermediate School, and Herbert Shiner School. On formation of the Academy in January 2009, the Herbert Shiner Academy (Petworth) was closed and the Academy was accommodated within the two Midhurst-based schools. Operating the Academy from two sites in buildings that are no longer suitable to meet modern education standards, falls short of providing the type of learning environment envisaged by the Academy stakeholders, including WSCC and the Trust. This has resulted in the approval of a Government funding package to provide a new Academy building on a single site based around the former Grammar School.

8.6 The proposal includes the provision of a range of sporting facilities, including a floodlit ATP and MUGAs, as well as an extensive performing arts facility offering dance and drama studios.

8.7 The introduction of a range of new facilities provides opportunity for increased community use outside Academy hours. A Community Use Agreement (CUA) for the sports and other Academy facilities can be secured by way of a planning condition, and cover pricing policy, hours of use, management (including local residents representation), and maintenance.

8.8 In conclusion, the buildings and disjointed campus arrangement of the existing Academy are no longer sufficient to meet current education standards. The development of the Academy will meet the educational vision of the County Council as education authority in line with national policy. It will afford significantly improved opportunities for community use of the facilities provided and meet the requirements of the Disability and Discrimination Act.

Design and Appearance

8.9 The location and design of the new Academy building have to take account of a number of factors. These include: the extended and convoluted nature of the site; the steep topography on its north-west facing boundary; proximity to pockets of residential development to the south and east; the economic necessity to retain the existing sports hall; the aesthetic desirability of preserving architecturally significant older buildings; and the need to deliver a single Academy campus with a new primary access and improved sports facilities. Account must also be taken of its location within the South Downs National Park, its proximity to the historic town of Midhurst, and its relationship with the adjoining Conservation Area. Inevitably, the above requirements and constraints severely limit the options available for the new Academy building.

8.10 Both the proposed layout and the building design have been the subject of extensive in-depth consideration by the applicants and pre-application discussion with WSCC planning officers and other interested parties.

8.11 The applicant’s architects have also demonstrated that the design process explored a number of layout options for the site and that the design process was informed by consultation with staff and students of the Academy and members of the local community.

8.12 The proposed layout shows the new Academy building centred on the footprint of the existing Grammar School which would maintain an established and appropriate relationship with surrounding residential development, the historic townscape of Midhurst, and the wider landscape character of the South Downs National Park. Consultee comments from CDC and the NPA generally accept the constraints upon site layout and that the location of the main building as proposed is the most appropriate solution.

8.13 The layout plan also shows the retention of Whiphill Farm House, which will preserve a building of historic interest for future use by the Academy. The proposals also involve the retention of the stable building which contributes local character, interest and maintains a connection with the past. It is planned to incorporate this small but important building into the design of the youth wing; these proposals would be subject to future plans.

8.14 The new primary access off North Street is shown as a tree-lined drive. The new car park would not be visible from North Street thereby preserving the

appearance of the education facility in a parkland setting in keeping with its wider landscape and townscape setting. The creation of the new access road will open up passing views of the Academy from North Street.

8.15 Members will be familiar with the Academy developments approved for (Bognor), Sir Robert Woodard School (Lancing), and the . The ‘modern’ approach to design used for these developments tends, for education reasons, to deliver a similar design. Such a ‘bold, modern’ design is considered inappropriate for the Midhurst Rother Academy given its sensitive location. Accordingly, the development proposed reflects a conservative approach providing a building that would sit comfortably within its surroundings whilst meeting education requirements. In essence, the proposal is a 21st Century ‘take’ on the 1950’s school that it would replace.

8.16 The form of the building positively reflects the current school buildings and presents a simple ‘public’ façade to the south-east with clean, predominantly horizontal, lines and the use of conventional materials. The two-storey element reflects the scale and massing of the original school building. The Academy building then extends out back into the site to form three three-storey flat roofed wings set behind the entrance building. As such, the new Academy would continue to be viewed with the wooded Whiphill rising up behind the campus site.

8.17 The building has been designed to accommodate the required number and type of spaces needed to achieve a modern education facility maximising natural light, ventilation, and functional circulation spaces. It also incorporates a number of sustainability measures as identified in paragraph 4.7.

8.18 The proposed building is contemporary in style and features traditional external finishes, such as red and blue brick, and a pitched roof finished in fibre cement to provide a modern interpretation of local slate roofs.

8.19 There has been strong criticism from some consultees (and others) that the design for the Academy is ‘poor’, ‘uninspiring’, too ‘utilitarian’, etc. Quality of design is, inevitably, a subjective judgement and differences of opinion about what is good, bad, appropriate or inappropriate in any particular context will arise frequently. Ultimately, the planning process requires the members of the Planning Committee to exercise their collective judgement on the acceptability or otherwise of the proposal.

8.20 In this specific case, there is the tension between the need for a design that reflects and responds to the local constraints (outlined in paragraph 8.9) and sensitivity of the site’s location (adjacent to a conservation area within the National Park) and the perceived need for a ‘significant’, ‘ground-breaking’ and ‘ambitious’ design that makes a statement.

8.21 Overall, officers consider that the form and design of the new Academy positively reflects the scale and character of the building it will replace. Officers also consider that the approach taken to the public façade is, in the main, appropriate and that the deliberately understated design will respect and contribute positively to the surrounding area. There are, however, concerns that there are a couple of weak elements within the south-east elevation that need to be addressed (see Appendix 4: Proposed Elevations and Views).

8.22 First, the right hand, two-storey element has a clean appearance with vertical divisions breaking up the length of the building with a slate roof and projecting overhang adding interest. In contrast, the arrangement and treatment of the windows within the left hand, three-storey element means that it does not have the same clean appearance and lacks the vertical articulation that is present within the two-storey element. The lack of relationship between the right hand and left hand elements of the elevation denies the design of the frontage a sense of cohesiveness. Second, the front entrance area is weak and a more bold design approach in this area would provide a more positive transition between the left and right hand sides.

8.23 The applicant accepts these criticisms and has indicated that they are willing to rework these two elements of the design of the south-east elevation. Accordingly, it is proposed that a condition is attached requiring the submission of minor revisions to the design for the south-east elevation to address the weaknesses identified in paragraph 8.22. Prior to approval of the revised design, officers would consult the Chairman of Planning Committee and informally consult the District Council and the National Park Authority.

8.24 The new sports facilities are shown concentrated on the Lambert’s Lane site extending north-west with the ATP and MUGAs set back into the site with a landscape buffer along the north-western boundary designed to soften the interface between the Academy campus and the surrounding countryside landscape.

8.25 The new building would be surrounded by hard and soft landscaped areas including re-organised hard play areas, new planting, and grass playing areas (sports fields). The combination of sports-based and passive outdoor spaces are rationally organised around the site to allow for supervision and passive surveillance.

8.26 The boundaries of the Academy are currently defined by a variety of fence types, hedges, and mature trees. A condition can be attached to any planning consent requiring trees and hedges not directly affected to be retained and protected during construction. The Academy would be surrounded by a 2.4m weldmesh fence to meet the security requirements of the Academy. If approved, a condition would be imposed requiring the establishment of suitable planting adjoining boundary fencing which would otherwise introduce an unsightly feature inappropriate to the local context.

8.27 In conclusion, the proposal for the new Academy building has been guided by: the extended and convoluted nature of the site; the steep topography on its north-west facing boundary; proximity to pockets of residential development to the south and east; the economic necessity to retain the existing sports hall; the aesthetic desirability of preserving architecturally significant older buildings; and the need to deliver a single Academy campus with a new primary access and improved sports facilities. It is considered that the approach taken to the location, scale, form, and design of the building (subject to minor changes required to the south-east elevation) is a balanced and appropriate response to these constraints. The building would express its learning function in a deliberately understated manner using a rich palette of materials, reflecting its townscape and landscape setting. The proposal includes a range of sustainability features and rationalised outdoor sport and learning spaces.

Highway Capacity and Road Safety

8.28 The site is set on the edge of Midhurst town centre and is currently accessed off a narrow secondary road. In common with most other school sites, the surrounding residential area experiences varying degrees of congestion during peak pick-up and set-down times.

8.29 The proposed new access road would remove all Academy traffic from Lambert’s Lane to the benefit of the local road network and residential properties located on Lambert’s Lane. The new access road design incorporates a shared pedestrian and cycle path. It is envisaged that pedestrians and cyclists will use both the North Street and Lambert’s Lane entrances. The new access will also be provided at stage one of the works to ensure all construction traffic will be routed to avoid the use of Lambert’s Lane.

8.30 The new Academy will generate an addition of 55 FTE staff members and accommodate an intake of a further 1,000 pupils. The majority of pupils travel by bus or by foot/cycle and the car park layout has been design to incorporate 10 coach bays on the periphery of the car park to contain the traffic associated with Academy within the site. Given the new access off North Street, which functions as a main route through Midhurst, the increase in pupils and staff attending the Academy will not generate a level of activity that is unacceptable.

8.31 The transport assessment submitted with the application concludes that the redevelopment of the Academy can be adequately accommodated on the local transport networks without detriment to operation or highway safety. The Highway Authority raise no objection to the proposals.

8.32 In conclusion, the Highway Authority has raised no objection in terms of highway capacity and safety. The proposal does not represent an unacceptable increase in pupil and staff numbers and is acceptable in terms of the degree of traffic that the site will generate and the on-site parking provision.

Impact on Recreational and Local Amenity

8.33 Physical Structures (Building/Access): The proposal provides a larger Academy building on the site of the original Grammar School. It also introduces new infrastructure in the form of a new primary access and associated car park area and formalises the existing playing fields at the Lambert Lane site to provide two floodlit MUGAs and a floodlit ATP, resulting in the loss of the original Lucas House and gymnasium building at Lambert’s lane.

8.34 The predominantly three-storey building is suitably located on the site where it minimises impacts on residential amenity. The new Academy building is centred on the footprint of the original school and as such will maintain a distance of at least 140 metres from the nearest residential properties.

8.35 The proposed scheme introduces a new access road of North Street positioned approximately 30 metres to the north of the nearest residential properties at Ognells Flats. The access drive sweeps around the back of existing residential properties located to the east. The car park and coach parking areas are within close proximity of the neighbouring properties’ rear gardens. The proposals include a reinforced landscape buffer between the residential properties and car

park. Minor revisions to the layout are required to address potential adverse impacts on residents; these can be secured by condition.

8.36 The formalisation of the playing fields at Lambert’s Lane has been designed to ensure that the proposed MUGAs and ATP would be set back into the site to achieve a suitable distance from residential properties. The ATP would be approx 120 metres from the nearest residential property.

8.37 Intensity of Use: The additional number of pupils and FTE staff will not result in an unacceptable increase in Academy activities. However, the community use element of the proposal would extend existing shared community facilities and use of the new sports facilities (including the ATP and MUGAs) and buildings outside core Academy hours. This has the potential to generate increased levels of activity on the site with the potential to cause adverse noise and light impacts on the amenity of adjoining residents (see below).

8.38 The applicant has not proposed operating hours. These will be subject to a condition requiring their approval. As a guide, the following hours have been applied to Academies previously approved by the Committee. • Core Teaching Hours: 07.30 till 15.15 Monday to Friday. • Academy Additional Hours for Clubs and Events: 08.00 till 21.30 Monday to Friday, 09.00 till 18.00 on Saturdays, and 10.00 till 16.00 on Sundays and Bank Holidays. • STP and MUGAs: 15.00 till 21.00 Monday to Friday, 09.00 till 21.00 on Saturdays and 10.00 till 16.00 on Sundays and Bank Holidays.

8.39 Light Impacts: It is proposed that the lighting to the car park areas and access road will take the form of column-mounted anti-light pollution flat glass luminaries to achieve and average illuminance of 20Lux. The proposed MUGAs and ATP involve the installation of column-mounted floodlighting luminaries incorporating a flat glass design for anti-light pollution and reduced glare.

8.40 The MUGAs are located centrally within the site and unlikely to affect the amenity of surrounding residential properties. The playing surface of the ATP would, at its nearest point, be located in excess of 100m from the rear elevations of residential properties in Lamberts Lane and to the south approximately 180 metres from the rear elevations of residential properties in Park Crescent. Light spillage from the floodlit ATP should be avoided.

8.41 In order to ensure no unacceptable impact on amenity, mitigation measures are required to minimise adverse impacts. A balance has to be struck between safety and security and an acceptable level of illumination in any particular context. The timing of operation of lighting both on the building and of other areas, car parks and access roads, will need careful control. These can be managed by the imposition of appropriate planning conditions requiring approval of the design and operation of the new lighting system. The recommended conditions are set out in Appendix 1; as well as level of illumination and timing, the conditions are designed to address light glare, light presence, light trespass, and local sky glow.

8.42 Subject to safeguarding appropriate mitigation measures by condition as set out at Appendix 1, the proposed floodlit ATP, MUGAS, access road and car park are

not envisaged to have an unacceptable impact on local residential and visual amenity.

8.43 The application was considered by the Environmental Health Officer at Chichester District Council who did not object to the lighting aspects of the proposal.

8.44 Noise: The floodlit ATP and MUGA playing surface would be located in excess of 100m from the nearest residential properties in Lambert’s Lane. The level and character of noise associated with sporting activity, whether for training or competition, has the potential for adverse amenity impacts, due to shouting, whistles, and balls hitting perimeter fencing.

8.45 Acoustic reports have been submitted with the application predicting noise levels associated with the proposed access road, plant noise emissions, noise associated with the ATP and internal ambient noise. Due to the distance between the Academy campus and specifically the ATP, it is considered that noise impact on residential amenity would not be significant.

8.46 In order to ensure that the use of the proposal (including activity in the car park as people leave the premises) will not have a significant adverse impact on the amenity of the local residents, it is recommended that use of the ATPs and MUGAs is limited to between the hours of 8.00 till 21.00 on Mondays to Fridays; to 10.00 to 18.00 on Saturdays; and 10.00 to 16.00 on Sundays and Bank Holidays.

8.47 Impact on Recreational Amenity: The permissive footpath which runs between the western end of Midhurst and the northern end of Midhurst and cuts across the Grammar School site will be closed. The permissive footpath is not a public footpath but a footpath provided under agreement with WSCC and the Cowdray Estate. WSCC has served notice on the Cowdray Estate to close the footpath. By virtue of the fragmented and open nature of the school campus the footpath has led to security and welfare concerns. A prime objective of the new Academy is to provide a single and secure site and although the closure of the permissive footpath is not solely related to the proposed development, it will assist this objective. WSCC is currently in discussion with the National Park Authority, the Cowdray Estate, and Natural England about alternative routes to maintain the footpath provision between the northern and western end of Midhurst.

8.48 In conclusion, the additional pupils, staff and out-of-hours activity associated with development of the Academy will not cause unacceptable impact on neighbouring amenity. The scale, massing, and location of the built elements of the development, including the new access road, will not impact unacceptably on the amenity/privacy of the residents. Provided that appropriate conditions are attached to the permission to preclude use beyond unreasonable hours and to require submission, approval and monitoring of mitigation schemes to reduce potential amenity impacts, the use of the Academy and associated Floodlit MUGAs and ATP will not give rise to unacceptable impact on the amenity of the occupants of adjoining residential properties. The loss of a permissive footpath is regrettable but accepted on the basis of concerns for pupil security.

9. Overall Conclusion and Recommendation

9.1 The proposed development relates to an existing educational site adjacent to Midhurst town centre within the South Downs National Park. It has been assessed in accordance with national policy to determine whether there are exceptional circumstances that justify permission being granted. First, there is a need for the development as it will provide the Academy and local area with a needed, modern education and community facility to facilitate the delivery of the national curriculum and support community development. Second, given that the proposal is for a replacement school in the heart of the National Park, there is considered to be no alternative to the proposed location and no alternative way of meeting the need. Third, it is of an appropriate design within the local context (subject to minor changes to the south-east elevation) and it is considered that the impacts of the development can be moderated and controlled through the imposition of appropriate conditions. In addition, it is considered that other impacts, e.g. on highway capacity and road safety and on local amenity, can also be controlled.

9.2 Overall, it is considered that the proposal is in accordance with the relevant development plan policies and national policy on major development in a National Park.

9.3 It is recommended, therefore, that planning permission be granted subject to the conditions and informatives set out in Appendix 1 of this report.

10. Crime and Disorder Act Implications

10.1 There are no implications with relation to this planning application.

11. Human Rights Act Implications

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

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

11.3 The Committee should also be aware of Article 6, the focus of which (for the purpose of this committee) is the determination of an individual’s civil rights and obligations. Article 6 provides that in the determination of these rights, an individual is entitled to a fair and public hearing within a reasonable time by an

independent and impartial tribunal. Article 6 has been subject to a great deal of case law. It has been decided that for planning matters the decision making process as a whole, which includes the right of review by the High Court, complied with Article 6.

Michael Elkington Divisional Manager - County Development

Background Papers Chichester District Local Pan 1999

List of Appendices Appendix 1 – Conditions and Informatives Appendix 2 – Site Location Plan Appendix 3 – Proposed Layout Appendix 4 – Proposed Elevations/Views Appendix 5 – CDC Comments & Architect’s Response

Contact: Kerry Simmons or Derek Kingaby ext. 77674.