Sp180609dca Denbury Primary School Newton Abbot Developmen–
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EEC/09/151/HQ Development Management Committee 15 July 2009 County Council Development Town and Country Planning General Regulations 1992 - Regulation 3: Teignbridge District Council: Permanent Retention of Existing Modular Classroom at Denbury Primary School, West Street, Denbury, Newton Abbot, TQ12 6DP Application No: 09/01657/DCR3 Date Application received by County Council: 26 May 2009 Report of the Executive 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 pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, permanent planning permission be granted for this structure subject to conditions requiring that it should be removed from the site if no longer required for teaching use or if replaced by permanent teaching accommodation. 1. Summary 1.1 This application relates to a proposal for the permanent retention of two linked modular classrooms at Denbury Primary School. 2. The Proposal/Background 2.1 The buildings the subject of this application were originally granted permission in 2004 on a temporary (5 year) planning permission. 2.2 The buildings are located along the eastern boundary of the school site and separated by some 2.8m from the site boundary and 4.1m from the wall of the nearest dwelling. The buildings are flat roofed, with UPVC windows and painted cream. One has had a wooden covered play area attached on the eastern boundary. 2.3 The Applicant has stated that this temporary accommodation acts as a double classroom block, provides 50% of the school teaching accommodation, and is timetabled for 100% of the school week as a class base. 2.4 The current roll at Denbury School is 108 pupils and it is forecast to rise to 116 in the spring term of 2010. The official school capacity is 105 with the modular classrooms and without them the capacity would drop to 59. 2.5 The Applicant has requested a permanent planning permission as there is no current plan to replace the temporary accommodation with permanent structures. 3. Consultations 3.1 Teignbridge District Council raises objections to the permanent retention of the modular classroom on the basis that the building is not designed or suitable for permanent teaching accommodation. It would raise no objections to a further temporary period of 5 years. 3.2 Denbury and Torbryan Parish Council was consulted on 27 May – views awaited. 4. Advertisement/Representations 4.1 This application has been advertised in accordance with the statutory publicity requirements and neighbours have been consulted by letter. As a result of these procedures no letters of representation have yet been received. The consultation letter requested that representations were made by 18 June 2009. 5. Planning Policy Considerations 5.1 In considering this application the 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. 5.2 The most relevant policies can be found in Appendix I of this report. 6. Comments/Issues 6.1 The “in principle” objection from the District Council raises a significant issue. The Applicant has stated that whilst the classrooms are still, required there is no financial prospect of their being replaced, and therefore they are essential to accommodate the pupils in the school. They are currently accommodating over half of the school roll at Denbury and without their additional capacity children would have to attend other schools some distance away. 6.2 Temporary and modular buildings, tend to vary in design and condition across the school estate and each case should be considered on its merits. However in general, where temporary classrooms are actually being used for teaching then adequate maintenance is carried out to ensure that Health and Safety requirements are met. It is occasionally a different situation when a building is being used for storage, but in such cases there may be less justification for retaining them permanently as they are not required for classroom teaching. 6.3 CYPS has stated that the medium to long term strategy for capital investment in the DCC primary school estate will be driven by the Primary Capital Programme. Devon is proposing to undertake a series of "Area Reviews" that will be undertaken by a number of stakeholders. It is anticipated that the outcome of these reviews will form the framework for the capital investment programme in the Primary School portfolio in the coming years. The programme for undertaking these reviews is on a priority basis, the criteria for prioritisation has been agreed by the Schools Organisation Forum, and it is anticipated that the entire programme of reviews is likely to take approximately 3 years (on the basis of completing 12 Local Learning Communities a year). Until these reviews are complete it is difficult for CYPS to give a clear indication of the future plans for each individual school. However, they are asked to report to the DCSF on an annual basis regarding Key Performance Indicator targets which include; level of surplus places, and the percentage of pupils taught in temporary classrooms. There is therefore a commitment to remove these units where they are no longer required, or they will be replaced where funds are available. 6.4 Denbury Primary School has a devolved budget for maintenance, and has a rolling programme of maintenance across the site of which the temporary buildings are part. There are no urgent outstanding condition issues with the buildings, and it is clear that they will be required beyond the normal 5 year renewal period for temporary classrooms. 6.5 Circular 11/95 (The use of conditions in planning permissions) advises that the use of a temporary permission should not restrict the life of a building which is clearly not intended to be temporary. The Circular also advises that a “temporary” permission should not normally be required more than once as after this period of time it should be clear whether the permission has caused amenity issues to arise. 6.6 However, the Applicant points out that school rolls fluctuate and the cost of building permanent classrooms is not inconsiderable. Temporary classrooms are therefore likely to continue to play an important part in educational provision, not just in Devon but around Britain. The removal of a temporary classroom because of the expiry of a consent could cause considerable disruption to schools, pupils and local communities. The devolved school budgets have helped with the maintenance issues, and whilst many of the buildings are not attractive, they will at some point have to be replaced either by a more modern modular building, or a permanent building which would have to be designed appropriately to the site. 7. Reasons for Recommendation/Alternative Options Considered 7.1 The Committee has the option of approving, refusing or deferring the decision on this application. However, in view of the importance of this temporary classroom to the school in providing adequate teaching space, it is considered appropriate to grant an approval. In view of the objections from the District Council to the grant of a permanent planning permission, a further temporary permission could be considered, of say 10 years, which would better reflect the 20 year life span of the building which was originally approved in 2004. However, in this case, it is considered that a permanent permission is appropriate, but with the inclusion of a condition which specifies that the building be removed it has not been required for teaching purposes for one year or if the school roll drops below a point where the buildings become unnecessary (in this case, 60 pupils). Edward Chorlton Electoral Divisions: Teignbridge South. Local Government Act 1972 List of Background Papers Contact for enquiries: Sue Penaluna Tel No: 01392 382880 Room No: ABG Lucombe House Background Paper Date File Ref Planning casework file June 2009 09/01657/DCR3 sp180609dca sc/denbury primary 5 hq 070709 Appendix I To EEC/08/151/HQ Planning Policy Considerations Devon Structure Plan (2001 to 2016): Policy ST3 (Self Sufficiency of Devon’s Communities) .