Agenda item

Erection of three storey school building with associated external works including landscaping, access ways, disabled and cycle parking.

RECOMMENDATION: Grant permission subject to conditions and subject to sec.106 Legal Agreement.

The Committee considered a report on the application, previously circulated, which set out details of the site and surroundings, the proposal, planning history, relevant planning policy, consultation and responses and assessment against relevant planning issues. The Planning Officer gave a presentation setting out key aspects of the application, and advised of some changes proposed to the conditions set out in the report as follows:

 

On Page 187 - Recommendation 1; Section 106 Agreement: the number stated should be £82,000.00 and not £82,0000.00 as in the report.

 

Page 189 – Condition 6; the following text in italics to be added: “The external play space to the rear of school building and adjoining the rear gardens of No’s 36 to 46 Ringwood Avenue, and as shown on Drawing D1932.L.100 (PL 10) shall not be used outside of normal school hours except for special or religious events or summer fairs in association with the school use.

 

Page 189 – Condition 7; Amend “no development shall be commenced” to read “no construction shall be commenced”.

 

Page 189 – Condition 8; Amend “prior to the commencement of the development” to read “prior to the occupation of the development”.

 

Page 190 – Condition 9;  Amend “prior to the commencement of the development” to read “prior to the completion of the development”.

 

Page 190 – Condition 10; Amend “prior to the commencement of the development” to read “prior to the completion of the development”.

 

Page 190 – delete Condition 11 as Waste Management have confirmed that the details submitted are acceptable.

 

Page 192 – Condition 20; to note that the details requested have now been submitted for review.

 

The Planning Officer also advised that an additional condition was proposed as follows:

 

Before the building hereby permitted is occupied details of the window opening and the extent of the obscure glazing, obscure film or other mitigation measures to the first floor window on the side/angled section of the building, facing the gardens of 46 and 48 Ringwood Avenue, shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the agreed details.

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

 

The Planning Officer advised that a further letter from a resident on Ringwood Avenue had been received subsequent to the completion of the report, stating that they had not been consulted and expressing concerns regarding the height of the development in comparison with neighbouring properties, queuing of cars on Creighton Avenue and that the modal split would be different to that at Fortismere School due to the difference in ages of the schoolchildren.

 

In response to questions from the Committee, the Planning Officer indicated where the play areas would be located on the site plan, and advised that the school would also have use of the MUGA sports pitch at neighbouring Fortismere School. The Committee asked about parking for the site, in response to which the Transportation Officer advised that whilst there was no facility for parking on-site, the site was located in an area which did not have a high demand for on-street parking and analysis showed that the scheme would not have a significant impact on the highways network, even taking into account the fact that primary school children were more likely to be driven to school. The Committee asked what would happen if the number of pupils from outside the immediate local area were to increase, and the impact this would have on transport arrangements, in response to which it was reported that a review of transport arrangements would be undertaken in such circumstances.

 

Ann Williams, resident of Ringwood Avenue, addressed the Committee in objection to the application. She stated that she had not been consulted by the Council, although had been contacted by the school regarding the application. Ms Williams expressed concern regarding the impact on local traffic of the proposed access system, which would cause queuing and problems with children crossing the road. Concerns were also raised regarding parking issue on nearby roads, and the use of the premises outside of school hours, and the risk that this could lead to activity late at night, 7 days a week, which would lead to problems with parking and noise. Ms Williams also asked for clarification on whether the school hall would be sound-proofed. In response to a question from the Committee, Ms Williams confirmed that she felt the traffic issues as a result of the application would be detrimental to the area.

 

Mrs Elli Karacosta addressed the Committee in objection to the application, and urged the Councillors to reject the application as it would increase traffic, decrease available parking and might affect road safety. The design of the scheme would cause overlooking to neighbouring properties, as well as noise nuisance. It was reported that the school hall would be only 2m away from residential gardens and there was the potential for 200 people to be leaving the premises as late as 10.30pm. Concerns were also raised regarding the elevated walkway, which it was felt would cause excessive overlooking and noise for local residents, as the screens proposed were insufficient and would deteriorate quickly. Mrs Karacosta felt that the premises should not be used after 7pm and that the elevated walkway should be removed from the design. Mrs Karacosta also noted that some of the windows as currently designed overlooked her garden, and that obscuring film would not be effective when the window was open.

 

The Committee asked how far the school would be situated from the habitable rooms in the house itself, in response to which Mrs Karacosta stated that she did not have such measurements available, although emphasised that it was important for residents to have privacy in their gardens as well as their homes. The Planning Officer advised that the gardens were 30m long, and the school building would therefore be 32-33m from rooms in the residential property. The Planning Officer confirmed that there was still one window which faced the residential garden, and that this would be looked at further.

 

Peter Kessler, the applicant, addressed the Committee in support of the application and advised that the noise from the pupils would contained within the building most of the time, and that an acoustic wall was also proposed as a condition to protect neighbours. There was no intention to use the school for noisy events, although there was a desire to serve the local community. It was confirmed that the hall would be sound insulated, that the playground would not be used for events other than school events, and it would be a condition of room hire that people leave quietly. Mr Kessler advised that the school would have a very small catchment area, and that most prospective parents had indicated that they would prefer to walk their children to the school. Steve Sands, architect for the scheme, advised that there were a number of challenges involved in working on the site, such as Metropolitan Open Land designation and Tree Protection Orders, but that the aim was for the building to work with both the site and the community. There had been a significant amount of consultation, and the design had changed significantly in response to the feedback received, to address the concerns raised.

 

The Committee asked for clarification on the provision and use of the outdoor play-space, in response to which the applicant indicated the play areas on site and advised that the MUGA pitch at Fortismere School would also be available for use, and also clarified that, outside of term time, the outside play area would only be for use by the school, rather than any third parties. The Committee also asked about the design of the fencing at the front of the school, and whether there was any alternative to the external play deck as proposed, in order to address concerns raised. With regard to the railings, it was reported that these had been designed to fit in with the existing strong railing aesthetic along the streetscape. It was reported that the only part of the external deck which faced residential gardens was the fire escape access, which was a small area for passing through only and not for congregation of any sort, it was further reported that the majority of the deck faced south and was screened with willow as set out in the report. It was clarified that despite the reference to the area as a ‘playdeck’, it was not intended that this would be used as a play space, and all play would take place at ground level.

 

In response to a question regarding the lack of nursery provision at the proposed school, it was reported that there was a nursery in close proximity, which the school did not wish to compete with. The Committee asked about the number of places available for non-Jewish pupils, and it was advised that up to 50% of places would be available on an ‘open’ basis, taking into account the pupils’ proximity to the school. The Committee asked what would happen in the event of problems arising from the travel plan, in response to which it was reported that there were a range of alternative provisions which could be made if problems were to arise with congestion, etc. A public meeting had been held to consult on the draft travel plan, and parents were encouraged to group together and share travel. A sub-committee of the governing body had already been established to consider travel arrangements specifically.

 

The Committee considered the plans and asked further questions of officers. In response to a question regarding whether it would be possible for the Committee to request the removal of the external decking area, it was confirmed that this would only be possible by rejecting the application in full, for a re-designed scheme to then be resubmitted. The Committee discussed the purpose of the external deck, which was felt to be to enable pupils to move in and out of the building freely. Officers confirmed that they did not feel that the area of the deck facing residents was large enough to be used in any way other than for access, and that this would impact on the amenity.

 

On a motion by the Chair, it was unanimously:

 

RESOLVED

 

1)       That planning permission be granted in accordance with planning application no. HGY/2011/1166, subject to a pre-condition that the owners of the application site shall first have entered into an Agreement or Agreements with the Council under Section 106 of the Town & Country Planning Act 1990 (As Amended) and Section 16 of the Greater London Council (General Powers) Act 1974 in order to secure:

 

(1.1)        The applicant to enter into a Section 106 Agreement securing a £82,000.00 (eighty two thousand pound) for a comprehensive highway safety scheme including: raised zebra and pedestrian crossings, raised entry treatments, additional parking restrictions and improvements to signing and lighting within the immediate vicinity of the site.

 

2)       That in the absence of the Agreement referred to in the resolution above being completed by 31^st January 2012 planning application reference number HGY/2011/1166 be refused for the following reason:

 

In the absence of a formal undertaking to secure a Section 106 Agreement for appropriate contribution for highway safety measures arising from the development the proposal is contrary to Policy UD8 ‘Planning Obligations’ of the adopted Haringey Unitary Development (2006) and Supplementary Planning Guidance SPG10a ‘The Negotiation, Management and Monitoring of Planning Obligations’.

 

3)       In the event that the Planning Application is refused for the reason set out above, the Assistant Director (PEPP) (in consultation with the Chair of the Planning Committee) is hereby authorised to approve any further application for planning permission which duplicates the Planning Application provided that:

 

i)                    There has not been any material change in circumstances in the relevant planning consideration; and

ii)                  The further application for planning permission is submitted to and approved by the Assistant Director (PEPP) within a period of not more than 12 months from the date of the said refusal; and

iii)                The relevant parties shall have previously entered into the agreement contemplated in resolution (1) above to secure the obligations specified therein.

 

4)       That following completion of the Agreement referred to in (1) above, planning permission be GRANTED in accordance with planning application no HGY/2011/1166 and the Applicant’s drawing No’s PL03-PL10 incl. and subject to the following conditions:

 

IMPLEMENTATION 

 

1. The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

 

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

 

2. The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority

 

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

 

3. The proposed building and associated external play and teaching space shall not be occupied/ used until an Outdoor Area Management Plan has been submitted and approved in writing by the Local Planning Authority. The plan shall set out details of the times these areas will be used, numbers of children that will use specific areas at any one time and how the areas will be supervised. The approved outdoor management plan shall be complied with throughout the duration of the use.

 

Reason: In the interests of amenity of noise sensitive receptors

 

4. Before the building hereby permitted is occupied the windows on the side elevation of the building facing No's 44 & 46 Ringwood Avenue (identified on Drawing PL07 Rev B "Frosted Glass High Level Window") shall be glazed with obscure glass only and shall be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

 

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

 

5. Before the building hereby permitted is occupied the Willow Hurdle screen as shown on the Drawing D1932 SK004 to be erected to the side and rear of the raised deck shall be installed and permanently retained as such thereafter.

 

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

 

6. Before the building hereby permitted is occupied details of the window opening and the extent of the obscure glazing, obscure film or other mitigation measures to the first floor window on the side/ angled section of the building, facing the gardens of 46 & 48 Ringwood Avenue, shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the agreed details.

 

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

 

7. The external play space to the rear of school building and adjoining the rear gardens of No's 36 to 46 Ringwood Avenue, and as shown on Drawing D1932.L.100 (PL 10) shall not be used outside of normal school hours expect for special or religious events or summer fairs in association with the school use.

 

Reason: To protect residential amenity of adjoining residents and to ensure that the additional activity on site arising from this consent, and taking place outside normal school hours, is confined within the building.

 

EXTERNAL APPEARANCE & SITE LAYOUT

 

8. Notwithstanding the description of the materials in the application, no construction shall be commenced until precise details of the materials to be used in connection with the development hereby permitted have been submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority.

 

Reason: In order to retain control over the external appearance of the development and in the interest of the visual amenity of the area.

 

9. Notwithstanding any indication on the submitted drawings, details of the siting and design of all walls, gates, fencing, railings or other means of enclosure, including details of an acoustic barrier/ fence to be erected next to the rear garden boundaries with properties Nos. 36 - 46 Ringwood Avenue, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development. The walls/gates/fencing/railings/enclosures shall be erected in accordance with the approved details following completion of the building and prior to the occupation of the building hereby approved.

 

Reason: In order to retain control over the external appearance of the development and in the interest of the visual amenity of the area.

 

10. Notwithstanding any indication on the submitted drawings details and samples of the materials for those area to be treated by means of hard landscaping (permeable surface) shall be submitted to and approved in writing by the Local Planning Authority prior to the completion of the development. Thereafter the hard landscaping shall be carried out in accordance with the approved details following completion and occupation of the building hereby approved.

 

Reason: In order to retain control over the external appearance of the development and to provide a permeable surface for better surface water drainage on site.

 

11. Notwithstanding the details of landscaping plan a schedule of those new trees and shrubs to be planted together with a schedule of species shall be submitted to, and approved in writing by, the Local Planning Authority prior to the completion of the development. Thereafter the approved scheme of planting and landscaping shall be carried out and implemented in strict accordance with the approved details in the first planting and seeding season following the completion of development. Any trees or plants, either existing or proposed, which, within a period of five years from the completion of the development die, are removed, become damaged or diseased shall be replaced in the next planting season with a similar size and species. The landscaping scheme, once implemented, shall be maintained and retained thereafter to the satisfaction of the Local Planning Authority.

 

Reason: In order to ensure a satisfactory setting for the proposed development and in the interests of the visual amenity of the area.

 

12. No external lighting, floodlighting or other means of external illumination shall be affixed to the external elevations of the buildings, or placed/erected within the site other than those approved in writing by the Local Planning Authority. Any external lighting or other means of external illumination shall be installed and thereafter retained in full accordance with the approved details.

 

Reason: To enable the local planning authority to retain control over these matters in the interests of the amenities of the adjoining properties.

 

TREE PROTECTION

 

13. All works associated with this development shall be undertaken in accordance with a Arboricultural Method Statement to be prepared and the detail a Arboricultural Method Statement to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works

 

Reason: To safeguard the health of existing trees which represent an important amenity feature.

 

14. A pre-commencement site meeting must take place with the Architect, the consulting Arboriculturist, the Local Authority Arboriculturist, the Planning Officer to confirm tree protective measures to be implemented. All protective measures must be installed prior to the commencement of works on site and shall be inspected by the Council Arboriculturist and thereafter be retained in place until the works are complete.

 

Reason: To safeguard the health of existing trees which represent an important amenity feature.

 

TRANSPORTATION

 

15. Three months prior to the occupation the building hereby approved, a satisfactory School Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The approved plan shall then be implemented by the applicant in accordance with the timescales, targets and other details set out in the plan.

 

Reason: In the interest of ensuring sustainable travel patterns and to reduces reliance on private motor vehicles.

 

16. The disabled car parking space and cycle parking shown on the approved drawings shall be provided prior to the occupation of the building hereby approved.

 

Reason: In the interests of amenity and road safety.

 

SUSTAINABILITY/ ENVIRONMENTAL PERFORMACE

 

17. A certificated BREEAM Post Construction Review, or other verification process agreed with the Local Planning Authority, shall be provided, confirming that the agreed standards have been met, prior to the occupation of the development.

 

Reason: To ensure that the proposal complies with the principles of sustainable development

 

18. Details indicating the location of the air source heat pump system to be installed, or alternative renewable energy technology/ system with the associated calculations showing how a target energy reduction of 20% can be achieved, based on current Building Regulations, shall be provided to and approved in writing by the Local Planning Authority, prior to the occupation of the building. Thereafter the renewable energy technology/ system shall be installed in accordance with the details approved and an independent post-installation review, or other verification process agreed, shall be submitted to the Local Planning Authority confirming the agreed technology has been installed prior to the occupation of the building, hereby approved. 

 

Reason: To ensure the development incorporates on-site renewable energy generation to contribute to a reduction in the carbon dioxide emissions generated by the development, in line with national London and local planning policy.

 

CONSTRUCTION

 

19. The construction works of the development hereby granted shall not be carried out before 0730 or after 1830 hours Monday to Friday or before 0800 or after 1300 hours on Saturday and not at all on Sundays or Bank Holidays.

 

Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties.

 

20. Prior to the commencement of work a Construction Management Plan including a scheme for the management of the construction traffic associated with implementing this scheme, shall be submitted to and approved in writing by the Local Planning Authority. The plan will specifically show the how traffic around the immediate road network are routed.

 

Reason: To ensure the construction period of the development does not result in unreasonable disturbance for neighbouring properties and to minimise vehicular conflict at this location.

 

21. The developer shall afford access at all reasonable times to any archaeologist nominated by the Local Planning Authority, and shall allow that person to observe the excavation and record items of interest and finds.

 

Reason: To enable archaeological investigation of the site.

 

RESTRICTIONS ON USE

 

22. The use of the premises for the purposes hereby permitted shall only take place between the hours of 7.00am and 10.30pm on weekdays and, Saturdays and between 9.00am and 10.00pm on Sundays.

 

Reason: To ensure that the use does not prejudice the amenities of occupiers of neighbouring residential properties.

 

REASONS FOR APPROVAL

 

The reasons for the grant of planning permission are as follows:

 

(a) The proposal is acceptable for the following reasons:

 

I.                     The design, form, detailing and facing materials of this purpose-built school building and associated external play space and landscaping are considered acceptable;;

II.                   The proposal will provide a high quality education facility which will provide enhances opportunities for teaching and learning, with wider benefits to the local community;

III.                  The scheme has been designed sensitively in terms of environmental, ecological and sustainability issues and in terms of its relationship with neighbouring properties.

 

(b) The proposed development accords with strategic planning guidance and policies as set out in the adopted Haringey Unitary Development Plan (July 2006); in particular the following G1 'Environment', G2: 'Development and Urban Design', G9 'Community Wellbeing', UD2 'Sustainable Design and Construction',UD3 'General Principles', UD4 'Quality Design' and OS17 'Tree Protection, Tree Masses and Spines' and supplementary planning guidance SPG1a 'Design Guidance and Design Statements', SPG4 'Access for All -Mobility Standards', SPG5 'Safety by Design', SPG7a 'Vehicle and Pedestrian Movement', SPG7b 'Travel Plan', SPG7c 'Transport Assessment', SPG8b 'Materials', SPG8c 'Environmental Performance' and SPG9 'Sustainability Statement Guidance'.

 

INFORMATIVE: Any and all works carried out in pursuance of this planning permission will be subject to the duties, obligations and criminal offences contained in the Wildlife and Countryside Act 1981 (as amended). Failure to comply with the provisions of the Wildlife and Countryside Act 1981 (as amended) may result in a criminal prosecution.

 

INFORMATIVE: The new development will require naming. The applicant should contact the Local Land Charges at least six weeks before the development is occupied (tel. 020 8489 5573) to arrange for the allocation of a suitable address.

 

 

Section 106: Yes