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Planning Committee 01/10/2013 P/2013/0563 APPLICATION NO: P/2013/0563 LOCATION: RAINHILL HIGH SCHOOL WARRINGTON ROAD RAINHILL ST HELENS PROPOSAL: Application for the variation of conditions attached to planning permission P/2012/0853 : Installation of MUGA with floodlighting. Condition 3 : Parking & Servicing arrangements for MUGA patrons. Condition 4: Pedestrian access to the MUGA. Condition 13 :Hours of operation to allow non school use of MUGA during school holidays between 0900- 1700. Condition 17: Amendment to code of conduct to allow community use of MUGA and changing facilities within school building during school holidays. WARD: Rainhill PARISH: Rainhill CASE OFFICER: John Waddelow AGENT (S) / APPLICANT (S): MR JAMIE MURRAY RAINHILL HIGH SCHOOL RAINHILL DEVELOPMENT PLAN ALLOCATION: St Helens Local Plan Core Strategy 2012 St Helens UDP saved policies NPPF The site is designated on the proposals map as Green Belt; Open Space – education recreation field; and Area for Landscape Renewal. CP1 Ensuring Quality Development in St.Helens CP2 Creating an Accessible St.Helens GB1 ‘General Criteria for Development Control in the Green Belt’ GB2 ‘General Criteria for Development Control in the Green Belt’ BACKGROUND PAPERS: See sections 3, 4, 5 and 6 REPRESENTATIONS: 19 letters of objection plus a letter of objection from the Parish Council. RECOMMENDATION: Grant the variation substitution to the conditions / 1.0 Application Site 1.1 Rainhill High School lies to the east of Rainhill off Warrington Road. The site as a whole has an area of 2.9ha comprising approximately 60% buildings and hard-standings with the remaining 40% being dedicated for open space largely comprising playing fields, which also lie within the Green Belt. 1.2 Due to the size of the site, the boundary extends a significant distance back from Warrington Road. The western boundary adjoins residential properties on Warrington Road and Bishopdale Drive then extending from the north to southeast onto open land used for sport and agriculture. The southern boundary then adjoins Loyola Hall.

APPLICATION NO: RAINHILL HIGH SCHOOL WARRINGTON ROAD RAINHILL

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Planning Committee 01/10/2013

P/2013/0563

APPLICATION NO: P/2013/0563 LOCATION: RAINHILL HIGH SCHOOL WARRINGTON ROAD

RAINHILL ST HELENS PROPOSAL: Application for the variation of conditions attached to

planning permission P/2012/0853 : Installation of MUGA with floodlighting. Condition 3 : Parking & Servicing arrangements for MUGA patrons. Condition 4: Pedestrian access to the MUGA. Condition 13 :Hours of operation to allow non school use of MUGA during school holidays between 0900-1700. Condition 17: Amendment to code of conduct to allow community use of MUGA and changing facilities within school building during school holidays.

WARD: Rainhill PARISH: Rainhill CASE OFFICER: John Waddelow AGENT (S) / APPLICANT (S):

MR JAMIE MURRAY RAINHILL HIGH SCHOOL RAINHILL

DEVELOPMENT PLAN ALLOCATION: St Helens Local Plan Core Strategy 2012 St Helens UDP saved policies NPPF

The site is designated on the proposals map as Green Belt; Open Space – education recreation field; and Area for Landscape Renewal. CP1 Ensuring Quality Development in St.Helens CP2 Creating an Accessible St.Helens GB1 ‘General Criteria for Development Control in the Green Belt’ GB2 ‘General Criteria for Development Control in the Green Belt’

BACKGROUND PAPERS: See sections 3, 4, 5 and 6 REPRESENTATIONS: 19 letters of objection plus a letter of objection from

the Parish Council. RECOMMENDATION: Grant the variation substitution to the conditions

/ 1.0 Application Site 1.1 Rainhill High School lies to the east of Rainhill off Warrington Road. The site

as a whole has an area of 2.9ha comprising approximately 60% buildings and hard-standings with the remaining 40% being dedicated for open space largely comprising playing fields, which also lie within the Green Belt.

1.2 Due to the size of the site, the boundary extends a significant distance back

from Warrington Road. The western boundary adjoins residential properties on Warrington Road and Bishopdale Drive then extending from the north to southeast onto open land used for sport and agriculture. The southern boundary then adjoins Loyola Hall.

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2.0 The Application 2.1 The planning application is made to vary planning conditions attached to the

planning permission P/2012/0853 granted earlier in the year. The development granted planning permission, is currently being implemented. The conditions, which are the subject of the variation request are summarised as follows: 03 No development shall take place until a scheme identifying areas for

parking and servicing in accordance with the Council’s current standards, has been submitted to and approved in writing to the Council acting as Local Planning Authority. This should also include details of internal signage to direct users from the car park to the multi use games area (MUGA). The parking and servicing areas shall be retained and made available at all times as the MUGA is in use thereafter.

04 Community users shall access the MUGA itself using the pedestrian link

shown on the Boddington’s Planning New Atp Layout Plan Rainhill High School drawing 1213/01 July 2012.

13 The MUGA shall not be used outside the following hours: 8am-9pm Mondays – Fridays with 8am-5pm for school use only 9am-5pm Saturdays 9am-5pm Sundays and Bank Holidays 17 Prior the commencement of development the precise detail of the code of

conduct and conditions of use for the MUGA shall be submitted to and agreed in writing by the Council as Local Planning Authority .Use of the MUGA shall then be in accordance with the terms of the details specified within this/these documents.

2.2 The variations to the conditions 3 and 4 of the planning consent, which have

previously be discharged (prior to the commencement of development), would be to alter the way in which members of the public as users of the facility park on the school site and then proceed to the changing facilities within the school building. The approvals given thus far require MUGA users to park in front of the School, enter by the main entrance and then progress to the MUGA. The approved situation is summarised in plan A. The proposal is that pedestrian access is not permitted through the centre of the school campus rather that the pedestrian route is to the north of the school buildings to the changing rooms (which can be accessed via a controlled doorway in the northern elevation of the school) and thence to the MUGA. The existing car parking spaces located to the north of the school would be made available for MUGA users in addition to those which are at the front of the school. The pedestrian route and the additional parking spaces (already laid out) to be made available are indicated on the plans B and C.

2.3 It is proposed that condition 13 is amended, so the words ‘ with 8 am - 5 pm for school use only’ , are deleted (or varied) from the first sub section. This would allow the use of the facility by the community during the school holidays.

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2.4 Condition 17 relates to the provisions of the approved code of conduct and conditions of use of MUGA users. The changes proposed reflect the request to vary the hours of operation (see above) to allow the MUGA facility and changing rooms to be used by the community attending the MUGA during school holidays.

3.0. Policy Context 3.1 The application has been considered having regard to Article 1 of the First

Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

3.2 This application has been considered in relation to Section 17 of The Crime

and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

3.3 The application has been considered in accordance with the St Helens

Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

3.4 The site is designated on the proposals map as Green Belt; Open Space –

education recreation field; and Area for Landscape Renewal. St Helens Local Plan Core Strategy 2012

CP1 Ensuring Quality Development in St.Helens CP2 Creating an Accessible St.Helens CQL1 Green Infrastructure CQL5 Social Infrastructure St Helens saved UDP policies 1998

GB1 ‘General Criteria for Development Control in the Green Belt’ GB2 ‘General Criteria for Development Control in the Green Belt’

4.0. Consultations 4.1 Environmental Health Officer – Noise views awaited. 4.2 Highways Advisor - No objections. There are no significant highway

implications associated with the variation of conditions, covering the parking areas, pedestrian route/s direction signage, hours of operation and the availability of changing room facilities.

4.3 Rainhill Parish Council- object to the planning application.The additional

parking is required primarily for commercial reasons. The wording of the

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‘Proposed all weather Pitch Management Plan’ states, ‘’parking at the side of the school will not be permitted for neighbourliness’’. What has changed to remove the need for neighbourliness? The original statement remains valid. Condition 13 hours of use, was applied to protect amenity. There is no change in circumstances and the end of the football season should be used to provide a break. If the variation of the hours fails then there is no need to vary the management plan.

5.0 Representations 5.1 The application has been advertised, by two site notices and individual

neighbour letter .The period for the expiry of representations was the 5th September 2013. As a result of the publicity given to the application 19 letters of objection, have been received which can be summarised as follows:

• Oppose the extension of hours proposed in the summer holidays. An assessment should be put off until a true assessment of the MUGA in use is achieved in terms of actual noise levels generated.

• Increased noise nuisance detrimental to residential amenity because of the amended parking arrangements and people passing at the side of the school to the changing facilities. Additional light pollution.

• Disturbed by the current construction activity. Noise starts at 0700 and continues until 19.00

• School is unresponsive to complaints. • School is left unsecured • Incremental changes to the permission is not appropriate • Not satisfied with the way planning committee dealt with the original

application. • Additional pressure on parking facilities • Revised application should not have been made in the school holidays

6.0. Planning History

P/2005/1332 Formation of a floodlit 3rd Generation Multi Use Games Area (MUGA) on land currently in use as a playing pitch. Application was withdrawn on the 9th of February 2006.

P/2006/0900 (Resubmission of P/2005/1332) Creation of multi-use games

area including acoustic fence & floodlights. Application was withdrawn on the 24th January 2007.

P/2012/0853 Installation of Multi use games area (MUGA) with flood lighting. Granted with conditions 26/02/2013. 7.0. Assessment 7.1 The planning acts make provision for conditions to be removed, varied or

substituted in a planning consent previously granted under S73 of the Town and Country Planning Act 1990. Planning permission is granted subject to such conditions that are necessary to make a proposal satisfactory which otherwise would be refused. That is not to say that a proposal may not be satisfactory with alternative provisions.

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7.2 The changes now proposed by the school are designed to make the facility more practical to operate in a secure manner and enable it to operate viably by greater usage, particularly during the school holidays. The changes would further the aim of making the site a centre of excellence.

7.3 In support of their application the school have indicated, that the approved

pedestrian route through the centre of the school will present a major security issue. All buildings remain open but currently behind locked gates, until after 8pm to allow cleaning staff to carry out their duties. If the school gates were left open anybody could access the buildings where expensive equipment is kept.

7.4 Currently all community users of the school sports facilities use the side route

to access the Gym and Sports Hall. This has been the case since 1988. Direction of pedestrian traffic to the left of the School will allow for all users of the MUGA to have to enter in through one entrance to the Sports Department, and be signed in by the Football Officer who’s office is situated directly next to the entrance. His office, and the window, is situated where he can monitor the entrance and car park nearest to the neighbors of the school. He will therefore be able to ensure that no users loiter in the car park. This building is monitored by CCTV for security purposes. This will mean that the rest of the School can be locked down (using a gate on the rear hard-court). Users will then be able to access the Sports facilities only, and any person in that area will have only one means of entrance and exit to the site through the Sports Department entrance.

7.5 The initial Planning Application did not include Changing Rooms, and the

route to the pitch was straight to the pitch. Since the initial application was submitted in January 2013, the School has been successful in obtaining grant funding from the Football Foundation. This grant was for the construction of the AGP, but has also been extended to enable the School to refurbish 2 of its 4 changing rooms, which will now be available to users of the facilities. Users of the pitch who want access to the changing rooms can do so easily using the new route. The grant has also enabled the School to create a Parents Waiting Room, which will offer seating and refreshments - this will help to contain and monitor parents on site.

7.6 Use of the MUGA during the School holidays between 9am and 5pm is

required to enable youth teams to book the facilities. The School is closed to pupils for 14 weeks of the year, but remains open in the evenings for community users for 12 of these weeks (closed at Christmas). The Football Officer is employed on a full time basis, and by liaising with local youth teams wishing to use the facilities to promote football in the community during a time when children have a vast amount of leisure time. This would also help the School to ensure that MUGA is financially viable.

7.7 The issue to consider is whether the changes proposed would in fact enable the site to work in a more efficient and effective way and if approved whether the changes would adversely affect the amenities of the residents who live adjacent to the site contrary to the provisions of St Helens Local Plan Core Strategy policy CP1, ’Ensuring Quality Development in St Helens’.

7.8 The insertion of the phrase, ’with 8am-5pm for school use only’ within condition 13 has the effect of preventing the use of the facility by the community during school holidays. It is understood that local residents have

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enjoyed a respite from normal school activities including sports during the holidays. Similarly, these periods have contributed to the quietude of the Loyola Hall retreat, which is adjacent to the site.

7.9 The introduction of the MUGA will increase the intensity of use of the school field but precautions have been introduced into the design of the MUGA to minimise any amenity impacts on surrounding properties, including a complaints procedure.

7.10 It is not considered that it would be reasonable to prevent the use of the facility itself during periods when it would otherwise be left standing unavailable and idle. The optimum use of the facility whilst securing appropriate protection of amenity would accord with the social role of the NPPF most specifically paragraph 73.

7.11 Of greater significance to the amenities of the residents, particularly on Bishopdale Drive are how patrons attend the site, park their cars, change and then walk to the MUGA itself.

7.12 Making available the school changing facilities to the community users of the MUGA is welcome and sensible but the amendments to where patrons park and arrive at the facility is of greater concern and is reflected in the representations made on the planning application.

7.13 In amenity terms the approved parking arrangement for patrons at the front of the school and the pedestrian route through the school campus is preferable. However, it has to be acknowledged that physically the car parking at the side of the school is already in existence and is capable of use by normal school users and indeed community users of the school gymnasium facilities. Therefore the amenity impact, to be considered, (because it would still be used by community users of the sports hall /gym) are solely related to any increase in usage of the side parking area and pedestrian routes associated with community use of the MUGA. The maximum capacity of the MUGA when in use would be 30 players. Allowing for some car sharing the overall intensity of use through additional parking and pedestrian activity cannot be regarded as over intensive.

7.14 On balance it is considered that there is insufficient justification for preventing the use of the car parking spaces at the side of the school or the associated pedestrian flows and the accompanying directional signage.

8.0. Conclusions

It has been concluded that the additional usage of the MUGA facility during the school holidays will not significantly impact upon the amenities of the adjacent residential properties. Similarly the intensification of use associated with the MUGA will not materially alter the impact associated with the side car park compared with the existing situation. On balance it is considered that the development complies with the provisions of the St Helens Local Plan Core Strategy policy CP1.

9.0. Recommendation

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9.1 It is recommended that the conditions substituted and varied as follows;

03 The additional parking areas (which can also be used by other community users) designated for use by MUGA patrons shall be as indicated on the annotated plan Appendix1 dated 24th July 2013.The parking and servicing areas shall be retained and made available at all times as the MUGA is in use thereafter.

04 Community users shall access the MUGA itself using the pedestrian link

shown on the annotated drawing Appendix 2 dated 24h July 2013.The pedestrian links shall be accompanied by the directional signage erected as indicated in the photomontages dated 24th July 2013.

13 The MUGA shall not be used outside the following hours: 8am-9pm Mondays – Fridays with 8am-5pm for school use only during

school term time. 9am-5pm Saturdays 9am-5pm Sundays and Bank Holidays 17.The facility shall operate in accordance with the ‘All Weather Pitch

Management Plan’ dated 12/09/2013. 9.2 Consequently the revised decision notice for the development would read as

follows : 1. The development must be begun within three years of the date of this

decision notice. 2. The development shall be carried out in accordance with the following

application drawings: Construction of Synthetic Turf Pitch at Rainhill High School,Layout Drawing

No SIS/RHS/02 July 2013 Boddingtons Planning New Artificial Pitch Fence Detail 1213/02 August 2012

Boddingtons Planning New ATP Drainage Plan Rainhill High School Drawing 1213/03 August 2012 Boddingtons Planning New ATP Elevations Plan1213/04A part superseded by SIS/RHS/02 July 2013. Boddingtons Planning Bund detail and section 1213/05 Jan 2013. Proposed Synthetic Turf Pitch at Rainhill High School,Pitch Edge Section,Drawing No SIS/RHS/01,July 2013 David Williams Landscape Consultancy Landscape proposals plan Project No L1 dated 8/03/2013. Mast detail HL250513/3AL5760 Annotated plan Appendix1 dated 24th July 2013 Annotated drawing Appendix 2 dated 24h July 2013

3. The additional parking areas (which can also be used by other community users) designated for use by MUGA patrons shall be as indicated on the annotated plan Appendix1 dated 24th July 2013.The parking and servicing areas shall be retained and made available at all times as the MUGA is in use thereafter.

4. Community users shall access the MUGA itself using the pedestrian link shown on the annotated drawing Appendix 2 dated 24h July 2013.The pedestrian links shall be accompanied by the directional signage erected as indicated in the photomontages dated 24th July 2013.

5. The facing materials and finishes shall be as indicated on the drawings/specificationson the 25th April 2013. The development shall be

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constructed in accordance with the agreed details and retained as such thereafter.

6. The design and layout of the artificial grass pitch (including the surface) shall be inaccordance with the details submitted on the 25th April 2013. The artificial grass pitch shall not be constructed other than in accordance with the approved details, and shall be retained as such thereafter.

7. The pitch shall be maintained inaccordance with the approved manufacturers maintenance schdule received on the 25th April 2013 The measures set out in the approved schedule shall be complied with in full, with effect from commencement of use of the artificial grass pitch and retained as such thereafter.

8. The landscaping scheme shall be carried out inaccordance with the approved plan submitted on the 25th April 2013.The agreed scheme shall be implemented prior to any part of the development being brought into use.

9 Any planting which within a period of 5 years of implementation dies, is removed, or becomes seriously damaged or diseased shall be replaced during the next planting season with others of a similar size or species, unless the Council as Local Planning Authority gives written consent to a variation. Should replacement planting be necessary, the Council shall be notified in writing not less than 7 days prior to the planting taking place. Notification shall include details of the problem with the implemented scheme and the specification and timing of the replacement planting.

10. All work carried out on trees should be to British Standard BS (BS3998:2010 Tree Work Recommendations).

11. The development shall be carried out in accordance with the approved Environmental Management Plan dated 25th April and 21st June 2013.

12. Construction works shall take place Mondays to Fridays 0700 to 1800 hours,

Saturdays 0800 to 1300 hours with no working on Sundays, Public Holidays or Bank Holidays, inclusive of any weekday.

13. The MUGA shall not be used outside the following hours:

8am-9pm Mondays – Fridays with 8am-5pm for school use only during school term time.

9am-5pm Saturdays 9am-5pm Sundays and Bank Holidays

14. The floodlights shall only operate in accordance with the hours specified in

condition No 13, and shall be switched off no later than 20 minutes after the closure time.

15. The floodlights shall only be operated in accordance with the approved ‘Flood lighting report Highlights flood lighting limited Rainhill Project dated 03/07/2013.

16. To ensure the mitigation of impacts of the floodlighting on protected species, specifically bats, the development shall operate inaccordance with the provisions of conditions 13 and 15 as outlined above.

17. The facility shall operate in accordance with the ‘All Weather Pitch Management Plan’ dated 12/09/2013.

18. Prior to the use of the MUGA, the person(s) responsible for the booking / user group (which shall be taken to include spectators and/or coaches) shall sign for and on behalf of the users / group to agree they will adhere to the approved code of conduct and conditions of use.

19. The development shall operate inaccordance with the approved ‘Artificial Grass Pitch and Changing facilities plan ’ received on the 18th June 2013. The

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approved scheme shall be implemented upon the start of use of the development and shall be retained as such therafter.

20. A pitch booking register shall be maintained at all times, and be available for inspection by the Council as Local Planning Authority between 09.00 - 17.00 Monday to Friday. Records of entries on the register shall be retained for a minimum period of two years.

21. No school patron utilising the multi-games area shall be admitted to, or allowed to remain on the premises during school opening hours specified in condition 13

22. The multi use game area shall not be brought into uses until the noise attenuation measures shown on the plans identified in condition 2 have been implimented in full

REASONS FOR CONDITIONS:

1. Section 91 (as amended) of the Town and Country Planning Act 1990. 2. For the avoidance of doubt. 3. To ensure that adequate provision is made on the site for the traffic

generated by the development, including allowance for safe circulation, manoeuvring, loading and unloading of vehicles as well as parking, and that hard-surfaced areas have a satisfactory appearance, in accordance with policy CP2 of the adopted St Helens Core Strategy (2012).

4. For the avoidance of doubt and in the interests of residential amenity inaccordance with policy CP1.

5. To ensure that the development has a satisfactory appearance, in accordance with policy CP1 of the adopted St Helens Core Strategy (2012).

6. To ensure a development of the correct quality inaccordance with the provisions of St Helens Local Plan Core Strategy policies CP1 and CQL5

7. To ensure adevelopment of the correct quality inaccordance with the provisions of the St HelensLocal Plan Core Strategy policies CP1 and CQL5

8. To ensure that an appropriate landscaping scheme is implemented and maintained in accordance with policies CP1 and CQL3 of the adopted St Helens Core Strategy (2012).

9. To ensure that an appropriate landscaping scheme is implemented and maintained in accordance with policies CP1 and CQL3 of the adopted St Helens Core Strategy (2012).

10. To ensure the long term well being of the tree(s), in accordance with saved UDP policy ENV12B of the adopted Development Plan.

11. In the interests of the safe operation of the site during the construction phase,inaccordance with policies CP1and CP2 of the St Helens Local Plan Core Strategy 2012.

12. In the interests of maintaining the amenities of the locality, in accordance with policy CP1 of the adopted St Helens Core Strategy (2012).

13. In the interests of maintaining the amenities of residents in the locality and to ensure the proper functioning of the area, in accordance with policy CP1 of the adopted St Helens Core Strategy (2012).

14. In the interests of maintaining the amenities of the locality, in accordance with policy CP1 of the adopted St Helens Core Strategy (2012).

15. In the interests of residential and general amenity,inacccordance with the provisions of St Helens Local plan Core Strategy 2012, policy CP1.

16. To ensure adequate precautions inrelation to the protection of bats inaccordance with the provisions of the St Helens Local Plan Core Strategy policy CQL3

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17. In the interests of residential amenity in accordance with the provisionS of St Helens Local Plan policy CP1

18. In the interests of residential amenity inaccordance with the provisions of St Helens Local Plan Core Strategy 2012 policy CP1

19. To ensure an appropriate regime of management inaccordance with the provisions of St Helens Local Plan Core Strategy 2012 policies CP1 and CQL5

20. In the interests of residntial amenity inaccordance with the provisions of St Helens Local Plan Core Strategy 2012 policy CP1

21. In the interests of residential amenity in accordance with the provisions of the St Helens Local Plan Core Strategy 2012 Policy CP1

22. In the interests of residential amenity inaccordance with the provisions of St Helens Local Plan Core Strategy 2012 policy CP1

INFORMATIVES:

The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site. The applicant/developer is requested to contact the Council's Environmental Protection Unit (Tel: 01744 456 397) as soon as is practicable should contamination be encountered during the development of the site. The applicant should have regard to the following statement in Planning Policy Statement 23 (section 2.51) "As a minimum, after carrying out the development and commencement of its use, the land should not be capable of being determined as contaminated land under Part IIA of the EPA 1990."

10.0 Images

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Plan A: Approved pedestrian access route through the centre of the school campus.

Plan B proposed additional use of existing parking area to the north of the school building.

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Plan C Proposed pedestrian access route to the north of the school building.

Approved parking area for MUGA users at the front of the school building.

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Proposed route through campus

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Proposed Pedestrian Route to the north of the school building.

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