Subject: Clock Mill and Custom House, Three Mill Lane, E3 3DA, 15/00243/FUL and 15/00251/LBC Meeting date: 28 July 2015 Report to: Planning Decisions Committee Report of: Will Steadman, Senior Planning Development Manager FOR DECISION This report will be considered in public 1. EXECUTIVE SUMMARY 1.1 This report considers applications for planning permission and listed building consent submitted by the East London Science School (ELSS) for the internal alteration and change of use of the Grade II listed Customs House, and the internal alteration and an extension to the time limit for the change of use of the Grade II listed Clock Mill from Use Class B1 (Business) to Use Class D1 (Non- residential Institution) to accommodate a secondary school for a maximum of 360 pupils for a temporary period up to 30 September 2018. ELSS is a free school supported by the Department for Education’s Education Funding Agency (EFA). 1.2 Since September 2013, following the Legacy Corporation’s decision earlier that year to grant planning permission and listed building consent for internal alterations and change of use to the Clock Mill, the ELSS has been operating as a secondary school attended by 211 pupils supported by 30 staff. Despite three local residents expressing concern about the suitability of the Clock Mill to accommodate a school, no complaints have subsequently been received. 1.3 Due to the size of the Clock Mill, and the expectation that a permanent site would be secured by 2015, the 2013 planning permission limited the use of the Clock Mill to 240 pupils until 30 September 2015. As a permanent site has not been secured, and the next Year 7 intake of 120 pupils is expected to attend the school in September this year, additional temporary accommodation is required for up to 360 pupils and 40 staff. 1.4 The Customs House, which is owned by the Legacy Corporation; located opposite the Clock Mill; in a poor state of internal repair and decoration; and only occasionally used by 3 Mills Studios for film sets, has been secured to provide the additional space required by the school to meet its educational programme. The internal works to the Clock Mill are limited to the erection of a single partition wall to create an additional science laboratory. 1.5 The EFA has entered into a Memorandum of Understanding with the Greater London Authority (GLA) to acquire part of the GLA owned Stephenson Street site at West Ham and construct a school as part of a process of market disposal and redevelopment. It is proposed that the ELSS will move from its temporary premises at Clock Mill and Customs House to the Stephenson Street site. As the Clock Mill and Customs House are unable to accommodate the 2016 and 2017 Year 7 intake, the EFA and ELSS will have to identify and secure further temporary accommodation for 2016 and 2017 before the Stephenson Street site is complete. Whilst a recommended planning condition limits the maximum number of pupils which can be accommodated at the site, it is recommended that a s106 obligation require ELSS and the EFA to actively pursue the alternative accommodation necessary for the year 7 intake in 2016 and 2017. 1.6 The Department for Communities and Local Government Policy Statement – Planning for Schools Development; the National Planning Policy Framework; the London Plan; the London Borough of Newham Core Strategy; and the Legacy Corporation Publication Version Local Plan (with post examination hearings modifications) all support granting planning permission for education facilities unless reasons for refusal are clearly justified. 1.7 The continued use of the Clock Mill and the change of use of the Customs House until 20 September 2018 to provide secondary school places, of which a need is identified, is considered to outweigh any concerns about the temporary loss of employment space. As the Customs House is currently vacant, in a poor state of internal repair and only occasionally used by 3 Mills Studios, its temporary change of use will not displace any existing businesses or prevent its potential to be used as employment space in the future. The use of the Clock Mill as a secondary school for the last two years has demonstrated its compatibility with surrounding uses and the investment already made in the Clock Mill and planned for the Customs House will improve their marketability as employment space when ELSS moves to its permanent home. 1.8 The proposed development involves no alterations to the building exterior and will not, therefore, alter the setting and appearance of the Customs House and the contribution it makes to the Conservation Area. As the building is in a poor state of internal repair and decoration, the proposed internal works will improve the condition of a Grade II listed building. The internal works to the Clock Mill are limited to the erection of a single partition wall. Historic England raises no objection to the proposed works or change of use. 1.9 The proposed Special Educational Needs (SEN) classrooms and office accommodation within the Customs House complies with the design guidance set out in the Department for Education’s and Education Funding Agency’s ‘Building Bulletin 103 – Area guidelines for mainstream schools’. While ELSS relies on, and will continue to rely on, the use of Three Mills Green for outdoor play space, the guidance makes clear that in line with policies that seek to increase choice and opportunity in state funded education, the guidelines will not necessarily have to be met in every case and should always be applied flexibly. 1.10 The use of the Clock Mill and Customs House by an additional 120 pupils is not considered to create any new or significant transport impacts. ELSS has been operating a School Travel Plan and the submitted Transport Assessment and School Travel Plan demonstrate that the majority of pupils and staff travel by sustainable modes of transport and include targets for further improvements. The existing car, mini bus parking/pick up/drop off, and refuse storage and collection arrangements will continue off-site through arrangements made with 3 Mills Film Studios and Tesco, as supported by the School Travel Plan. 1.11 With the exception of representations received by the River Lea Tidal Mill Trust (owners of the Grade I listed House Mill), who question the extent to which heritage issues have been fully considered; express disappointment that the House Mill is not used as an educational resource by ELSS; and request a S106 financial contribution towards the charity and its planned restoration works, no objections have been received. The request for a financial contribution is not considered to meet the planning obligations tests set out in the NPPF as they are not considered necessary to mitigate the impact of the development or make it acceptable in planning terms. 2. RECOMMENDATION 2.1 The Committee is asked to: Application Reference 15/00243/FUL 1. Grant planning permission for the internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non-residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018 subject to: a) The planning conditions set out at section 11 of the report; and b) The completion of a S106 Agreement that commits East London Science School to securing additional temporary accommodation to accommodate 2016 and 2017 Year 7 intake and, if additional accommodation is not reasonably secured, to restrict as necessary the Year 7 intake at the Clock Mill and Customs House; c) Delegating authority to the Director of Planning Policy and Decisions to make any refinements, amendments, additions and/or deletions to conditions considered reasonably necessary and to finalise the s.106 legal agreement. Application Reference 15/00251/LBC d) Grant listed building consent for the internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non- residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018 subject to the planning conditions set out at section 11 of the report. SITE LOCATION © Crown copyright and database rights 2012 Ordnance Survey 100050265 Three Mills Conservation Area and Listed Buildings Location: Clock Mill and Customs House, Three Mill Lane, E3 3DA London Borough: Newham Proposal: Application for Full Planning Permission (15/00243/FUL) The internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non-residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018. Application for Listed Building Consent (15/00251/LBC) The internal alteration and change of use of the Grade II listed Clock Mill and Grade II listed Customs House from Use Class B1 (Business) to Use Class D1 (Non-residential Institution) to accommodate a Secondary School for a maximum of 360 pupils for a temporary period up to 30 September 2018. Applicant: East London Science School Agent: TP Bennett 3. SITE & SURROUNDINGS Clock Mill 3.1 The Clock Mill (1817) is a Grade II listed (1955) building owned leasehold by the Legacy Corporation. It is five storeys high and approximately 24m in length and forms part of the larger Three Mills estate acquired by the London Development Agency in 2004 and transferred to the Legacy Corporation in 2012.