Agenda item

Change of use of land to horticultural use related to an existing educational establishment. Construction of 12 planting beds, 1 shed and two polytunnels which will be capable of being moved around the site. Erection of a 1.8m fence with access from the existing footpath and management of trees located on the site including those subject to Tree Preservation Orders. (AMENDED PLANS)

RECOMMENDATION: grant permission subject to conditions.

The Committee considered a report on the application to grant planning permission for the change of use of land to horticultural use related to an existing educational establishment. Construction of 12 planting beds, 1 shed and two polytunnels, erection of a 1.8m fence and management of trees located on the site including those subject to Tree Preservation Orders. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy, consultation and responses, analysis, equalities and human rights implications and recommended to grant permission subject to conditions.

The planning officer gave a short presentation highlighting the key aspects of the report. The Committee’s attention was drawn to an additional slide, omitted in error from the agenda pack, which set out an alternative arrangement for the site as proposed by the Fortis Green Allotments Trust. A tabled submission was also circulated to the Committee at the request of the objectors including a letter received from Professor David Brown who was unable to attend the meeting.

[7.05pm - Cllr Carroll entered the meeting late and as such was unable to take part in the determination of this item]. 

A number of objectors addressed the Committee and raised the following points:

·         General support was expressed for Treehouse School’s horticultural activities programme but not the proposed scheme.

·         Should the scheme be approved, additional conditions were proposed for imposition including exclusion of the copse from any change of use; the fencing off of the copse from the horticultural area; the setting back and reduction in height of the eastern fence to 1.2m; replacement of the northern fence with a hedge; reduction in the size of the proposed shed; refusal of permission for polytunnels and timing the works in accordance with the ecological report.

·         There was sufficient space within the campus of the school to accommodate the project and as such there was no demonstrable need for the development of the site.

·         The construction of trails through the copse would be ecologically damaging.

·         The ecological management plan would only apply to the site after the change of use and was therefore more a garden management plan.

·         Concerns were expressed that the damage to the site would be more significant than contained to one small area.

·         Erecting polytunnels and a horticultural garden in a wildlife sanctuary would be destructive and a poor lesson in teaching children about ecology.

·         A significant number of local people were in objection to the scheme as destroying an undisturbed woodland and unique wildlife habitat.

·         The application was contrary to Council policy in constituting the development of a Site of Nature Conservation (SINC).

·         Works would cause disturbance to birds during nesting season.

·         Concerns were raised over the potential for further tree removal onsite in the future as the project developed.

Cllr Newton addressed the Committee and expressed concern about the project. Although the important work of the school was recognised, it was felt that consultation and collaboration with local people had been limited, as were changes made to the plans despite the large number of objections made. He supported the imposition of the additional conditions proposed by the Allotments Trust as well as a wording change to condition 5 to allow the Trust and local people to have input into the location of horticultural items, trails etc onsite and an additional condition restricting access hours for the site.      

Representatives for the applicant, Ambitious About Autism, addressed the Committee and raised the following points:

·         The project would offer an excellent learning opportunity for pupils in enhancing the schools existing horticultural scheme which included a nature trail and pond and enabling them to develop valuable life skills and vocational experience within the community.

·         A full ecological report and tree survey had been undertaken for the site. 

·         A number of vegetable and fruit growing areas would be provided, in keeping with the neighbouring allotments.

·         The site would be managed full time by a horticultural expert.

·         The site would be made available for use by other schools and community groups including as a vocational teaching space.

·         The wrought iron fence to the eastern boundary currently posed a healthy risk due to metal spikes and would be refurbished. Maintaining the fence line was required for site security and pupil safety. 

·         An ecological management plan would be implemented and would include the installation of bat and bird boxes. Trees would only be removed onsite if diseased and in that instance, would be replaced.

·         The shed and polytunnels would not have permanent concrete bases and therefore could be easily removed.

·         The applicant was happy for exclusion zones to be established within the woodland.

The Committee raised the following points in discussion of the application:

·         Feedback was sought from officers on the voracity of the additional conditions put forward by the Allotments Trust. Officers advised that the erection of fencing below 2m in height was permissible under permitted development rights and would therefore be unenforceable as a condition. Restricting hours of access and directing input from the local community in the execution of the project were also unlikely to meet the statutory test for conditions.

·         Clarification was sought from the applicant on the decision to locate the project on the site as opposed to within the school grounds. The applicant advised that the site had been offered at a peppercorn rent for 20 years and that locating the project outside of the school campus would provide opportunities for pupils to get involved with the local community as part of preparing them for work.

·         The Chair confirmed that she would be consulted by officers with regards to the approval and implementation of the ecological management plan.

·         The Committee expressed concern over the potential future expansion of the scheme on site. Officers reminded of the duty to determine the application before them and as such future development was outside of the Committee’s purview at the current time. 

·         Concerns were expressed that the application would set a precedent for development on SINCs. The applicant provide assurance that the site would be protected inline with the ecological management plan and that the copse area would not be developed. Officers added that the impact on the SINC had been assessed by an ecological officer and that overall the application was considered to be acceptable within the context of the presumption in favour of development for educational purposes under the NPPF.

·         In response to a question, the applicant confirmed that the fences would be painted green.

The Chair moved the recommendation of the report and it was

RESOLVED

·         That planning application HGY/2015/0507 be approved subject to conditions.

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 accordance with the following approved plans and specifications: 001, 002, 003, 201B & 202C.

Reason: In order to avoid doubt and in the interests of good planning.

3. The chain link fences hereby approved shall be finished in a dark green colour and maintained as such thereafter.

Reason: To safeguard the appearance of the site and the character and appearance of the area.

4. All tree works must be undertaken by qualified and experienced tree work contractors and be in accordance with BS 3998:2010 recommendations for tree work. Replacement trees of a minimum 12-14cm girth must be planted within 12 months from the date of removal of the trees identified for removal as identified with the tree survey report.

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

5. No development shall take place until an updated Ecological Management Plan has been submitted to and approved in writing by the local planning authority in specific addressing and providing clarity on the points outlined below, with the measures thereafter implemented in accordance with the approved plan.

·         A map showing the location of key features/compartments including woodland exclusion zones, pond, grassland, etc;

·         Provision of 6 or more bat boxes on site;

·         Bat and bird boxes to be put in place in advance of the use commending;.

·         Adequate access for foxes and hedgehogs to be incorporated in the new northern fence line.

Reason: To protect the flora and fauna and ecological value of the site in accordance with saved policy OS3.

INFORMATIVE: Please note that any approval given by the Council does not give an exemption from the requirements to comply with the Wildlife and Countryside Act 1981 (as amended), or any other Acts offering protection to wildlife. Of particular note is the protection offered to bats, birds and their nests, whilst being built or in use. For further information contact Natural England on 020 7932 5800.