Local Members' Interest

Mr. T. V. Finn

Lichfield City South

PLANNING COMMITTEE – 5 March 2015 COUNTY DEVELOPMENT LICHFIELD: L.14/11 Date Received: 15 December 2014

Date Revised/Further Details Received:

• Email dated 10 December 2014 regarding MUGA; • Email dated 21 January 2015 – response to Highways Safety Concerns; • Ecological Appraisal Report submitted on 9 February 2015

The Cabinet, Staffordshire County Council, application for a new Five Spires Academy Primary School to include a 550 square metres classroom extension, additional 9 car parking spaces, provision of hard surface play area, erection of 1.9m high steel bar fence and gates, conversion of former workshop building to a 13 place nursery, and provision of a MUGA (Multi Use Games area) at Cherry Orchard, Lichfield Background

1. The proposed development seeks to meet the increasing demand for primary school

places from a growing population in the south Lichfield area. Whilst local primary schools have worked with the County Council to try to ensure sufficient places until now, the local primary schools are too small to accommodate the permanent expansion now required, as the birth rate continues to rise. The County Council, as an Education Authority, must provide permanent new places from September 2015 to ensure that local families have reasonable access to primary school places. The former Adult Training Centre at Cherry Orchard is owned by the County Council and this led to the decision to use the site to create the Five Spires Academy. Summary of Proposals

2. This is a full planning application for a new Five Spires Academy which is required to accommodate about 210 children of primary school age, with a detached nursery accommodating about 13 children.

3. The following documents accompany the application: • Planning and Supporting Statement incorporating Design and Access

Statement • Lichfield Day Service Access review • Arboricultural Report

• Transport Assessment • Flood Risk Information

Supporting Design and Access Statement (DAS) explains how the applicant has

considered what is appropriate and feasible for the site in its context. The main elements and features of the proposals are described in more details below.

The Primary Academy School and Nursery 4. A large part of the development involves internal works to convert the former

Lichfield Day Services building on Cherry Orchard to a 1 Form Entry primary school. This aspect of the development does not require separate approval as it falls within the same use class (i.e. Class D1 – Non-residential Institutions). This is also the case with regards the conversion of the workshop building to the Nursery, which is an ancillary building to the Day Service use and therefore also forms part of the same use Class.

5. There would also be a single storey extension to the southern, northern and eastern

elevations of the building, which require formal planning permission. The extension to the northern elevation would provide 3 additional classrooms, a PE store room, WC and additional teaching and service facilities. The extension to the southern elevation would provide additional space to an Assembly Hall and general office. The extension to the eastern elevation would provide an ICT room. The new layout shows the teaching facilities on the eastern side and the service facilities, together with the Assembly Hall, on the western side of the building.

6. The projection of the northern element of the extension would vary depending on the purpose it would serve. The north-eastern part would project about 8.5m from the façade of the building and each classroom would be accessible via separate doors. This element of the extension would also have a sloped roof and would be the highest element of the extension, projecting by about 2 metres above the flat roofed single storey frontage of the existing building. There would be additional windows on the south-facing elevation of this element, which would maximise natural daylight penetration into the classrooms. The overall height would be 3.5 metres to the eaves and at the highest point it would measure 5.5 metres. The north-western element of the extension would be more subservient in appearance to the eastern element with a flat roof and would measure about 3.5 metres in height.

7. The dimensions of the southern parts of the extension would also vary. The flat-

roofed hall would be extended by 3 metres and would be about 5.5 metres in height. The smaller element of the southern part of the extension would also be flat-roofed and would not project any further than the proposed footprint of the hall.

8. There would also be an additional flat-roofed element to the eastern elevation, which

would be linked to the northern element of the extension. It would project by about 10 metres and would measure about be 5 metres in width and 3.5 metres in height.

9. The illustrative images show that the various elements of the extension would be

finished in different materials and rendered in various places and predominately on the northern elevation. The choice of the materials has not yet been confirmed.

Site Layout 10. Landscaping works, proposed mainly to the rear (north and east) of the site, consist

of a hard surface playground and grassed informal play area. There would also be a small habitat area created to the most northern corner of the site, which would be adjacent the Multi-Use Game Area (MUGA).

11. Some trees would be removed in order to accommodate school extension and new

trees would be planted. A new tarmacked area would be laid to the rear of the site to accommodate the movement around the site, the playground/ play area and additional parking.

12. New steel bar fencing and gate is proposed to the school frontage, which would be

about 1.9 metres in height. The existing fence on the south-western part of the site would be re-sited and would separate the school from the nursery and the car park. There would also be additional palisade fencing introduced to the east of the site, which would provide access to the rear of the school leading to the new separate classrooms. Some landscaping would also be lost on the eastern part side of the site to a hard play area, which would be enclosed and separated from the rest of the school by a 1.5 metre high fencing.

13. Near the boundary with the residential property Fairview, to the east of the site, the

submitted site plan identifies a new sprinkler pump house, which would be surrounded by 3.5 metre high fence. No details of this element of the proposal have been submitted.

14. To the north-eastern corner the site plan identifies an area for ‘Potential expansion of

school grounds’ which is shown as part of the new MUGA. The applicant explains that the land is currently owned by Lichfield City Council and the purchase of the land is being negotiated. In the event that those negotiations fail and this land is not purchased by County Council, the hard surfaced area would be reduced in size and repositioned on the existing site.

Sustainable Design Features 15. The proposals incorporate a number of sustainable design features, including the

following:

• Design for natural illumination and ventilation to reduce demand upon mechanical servicing;

• Incorporation of pre-fabricated / modular technologies to reduce embodied energy in production and in-situ construction activities;

• Specification of reclaimed and recycled materials, locally sourced materials wherever possible;

• Occupation sensors, automatic illumination level detection and switch overrides;

• A BRUKL compliance certificate will be submitted as part of the project Building Regulations application. This will demonstrate that the construction methods,

materials, building services and components used in the proposals provides a BER (Building Emission Rate) that does not exceed the TER (Target Emission Rate);

• During construction the Principal Contractor will be encouraged to employ staff and services from the immediate community so as to reduce travel distances and to support the local economy;

• The efficiency of heating boilers, fuel source and type will be carefully considered;

• Controlled use of glazing – balancing solar gain with reasonable levels of natural light for occupants.

Phasing

16. In support of the application, the applicant has submitted ‘Proposed Phasing of Works Plan’, which indicates that the main works would be completed in two phases. Phase One relates to school and nursery refurbishment and remodelling and construction of the southern element, north-western element and the new ICT room to the east. The works also include remodelling and construction of the car parking, new fencing together with the pump house and MUGA. All works are to be completed by 14 August 2015. Construction of the classrooms and Reception Hard Play area would form Phase Two, the completion of which is anticipated by October 2015.

Parking and off-site access highway works 17. The access arrangements off Cherry Orchard would be similar to the existing. The

site plan shows two access points, one of which is vehicle access leading to the car park for staff and visitors. The second access would be for pedestrian users only.

18. The primary school and nursery would employ 30 staff both full-time and part-time.

With regards to the parking, this is proposed on the western part of the site. The applicant explains that there would be an additional 9 spaces created, 3 of with which would be designated for disabled parking, thereby increasing the total number from 27 to 36. The car park would predominantly serve the school and nursery staff and visitors.

19. The development would also provide a secure cycle parking within the school

grounds for 7 cycle spaces, which would be located to the south eastern part of the school building.

Undertakings 20. In response to the comments from Staffordshire County Council’s Transport

Development Control Officer, acting on behalf of the Highway Authority, Staffordshire County Council has agreed to the following undertakings:

• To produce and implement a Full Travel Plan and undertake annual monitoring

reports for a period of five years;

• To commit a sum of £6,300 for the monitoring and periodic review of the Travel

Plan;

• To produce a Traffic Management Scheme (TMS) and carry out works to provide safe access around the school. The TMS to include:

o provision of ‘School Keep Clear’ markings, o an improved pedestrian crossing facility on Cherry Orchard close to the

pedestrian access to the school/Academy/nursery; o further parking restrictions and H’ bar markings on Cherry Orchard where

appropriate; o a review of the parking restrictions on Station Road between Rotten Row

and Levetts Field; and, o any additional measures that are deemed necessary in the opinion of

Staffordshire County Council, as the Highway Authority;

• To work with the neighbouring schools to co-ordinate school start and finish times in order to minimise disruption at pick-up/drop-off times; and,

• To provide a footway on Station Road across the entrance to the footpath between Station Road and Cherry Orchard.

Site and Surroundings 21. The application site is located approximately 500 metres to the southwest of Lichfield

Town Centre and occupies a corner plot of about 7,420 square metres and bound by Cherry Orchard to the south, Wharf Close to the west and residential areas to the north and east.

22. The buildings on the site are now vacant but previously were occupied by the Adult

Training Centre. The site wraps around the western and northern boundary of Fairview, the nearest residential property, which is well screened from the application site and separated by a fence of about 2 metres in height and mature wall of conifers of about 4 metres in height on the eastern boundary.

23. The land to the rear of the site, which is overgrown by the trees, hedgerow and

grass, is separated from the footpath behind by wire fencing and a mature hedgerow.

24. There are two primary schools on Cherry Orchard to the east of the site, which are

separated by Fairview and the footpath – St Joseph Roman Catholic is the nearest and St Michael’s Primary School.

25. Cherry Orchard is a 30mph speed limit zone, however, due to presence of two

schools the traffic calming measures include signs of 20mph restriction zone together with on road speed bumps. There are parking bays to both sides of Cherry Orchard. Junction Cherry Orchard/Upper St John Street (A51) is to the west and Cherry Orchard/Boley Lane Junction is to the east. Footways are also provided on both sides of Cherry Orchard for the most of its length. The nearest uncontrolled pedestrian crossing is located approximately 120 metres to the east of the site. There are bus stops on both sides of the A51 Upper St John Street and Boley Lane.

The nearest bust stop is approximately 420 metres to the east of the site. 26. The main approach to the site is off Cherry Orchard, a vehicle access from Cherry

Orchard that provides access to the car park and the buildings and a pedestrian access from the footpath leading towards the main access of the building. The car park currently provides 27 car parking spaces which are located on the western side of the site.

27. The building is set back from Cherry Orchard, which is located on a higher level by

about 1.5 metres. The embankment that separates the footpath and the site is landscaped and contains some mature trees.

28. The main building is of clasp construction and appears to be mainly unchanged with

regards to its footprint since the date of construction. The Day Centre building is an agglomeration of rectangular blocks with flat roofs and vertical tile cladding to the walls. The smaller workshop building is of traditional brick construction with a flat roof.

29. The last use of the building was as a day service centre, which provided care

services to physically and mentally disabled adults. Due to this previous use, the building already has a number of adaptions to assist the access.

Relevant Planning History 30. 99/01054 dated 15 November 1999 – planning permission granted by Lichfield

District Council for 32 new car parking spaces The development plan policies and proposals relevant to this decision 31. The relevant development plan policies are listed below:

• The ‘Lichfield District Local Plan Strategy: (Local Plan) 2008-2029 (adopted on 17 February 2015):

o Core Policy 1 (The Spatial Strategy); o Core Policy 2 (Presumption in Favour of Sustainable Development); o Core Policy 3 (Delivering Sustainable Development); o Core Policy 4 (Delivering Infrastructure) o Policy NR3 (Biodiversity, Protected Species & their Habitats); o Policy NR4 (Trees, Woodland & Hedgerows); o Policy NR5 (Natural & Historic Landscapes); o Policy BE1 (High Quality Development); o Policy ST1 (Sustainable Transport) o Policy ST2 (Parking Provision) o Policy SC1 (Sustainable Standards for Development)

Other material considerations 32. The other material considerations are listed below:

• The National Planning Policy Framework (the NPPF) (published on 27 March 2012). The following sections are relevant:

o Section 1: Building a strong, competitive economy o Section 4: Transport o Section 7: Requiring good design o Section 8: Promoting healthy communities o Section 10 – Meeting the challenge of climate change, flooding and

coastal change; o Section 11 – Conserving and enhancing the natural environment;

• Ministerial Statement - Planning for Growth - March 2011 • Chief Planner Letter dated 15 August 2011 - Policy Statement on Planning for

Schools Development • Staffordshire County Council’s Climate Change Strategy ‘Green Shoots’ - 2013

edition Findings of Consultations Internal 33. The Environmental Advice Team (EAT) – no objection, subject to the conditions

related to the following:

• The development to take place in accordance with avoidance and mitigation measures listed in Table 5.2 of the Ecological Appraisal Report;

• To carry out further inspection of the water tank housing for presence of bats if it is not removed by the start of March 2015;

• Submission of lighting scheme to take account of bats; • Submission of detailed landscape scheme to include enhancement measures

listed in Table 5.2 of the Ecological Appraisal Report; • Submission of tree and hedgerow measures during the construction prior to

commencement of the development; • Submission of details of colour samples of finishing materials and fencing

[Note: these recommendations could be secured by way of conditions as they are

appropriate, reasonable and relevant to the application in planning terms] 34. Transport Development Control (on behalf of the Highways Authority) – no objection,

subject to the following condition:

• Submission of details of secure cycle parking facility prior to the development is brought into use;

• To provide parking bays in accordance with submitted drawing • Submission of Construction Environmental Management Plan prior to

commencement of the development, which should include the following details: o Routeing and timing of construction vehicles to and from the site for each

phase of the development; o Provisions of escorts of abnormal loads; o Timetable for implementation;

o Parking for vehicles of site personnel, operatives and visitors; o Temporary parking for staff and school visitors; o Arrangements for the loading and unloading of plant and materials; o Areas of storage for plant and materials; o A scheme of construction related signage within the site; o Measures to prevent the deposition of deleterious materials on the public

highway during construction phase; o Measures to remove any deleterious material deposited on the public

highway

• An informative has also been recommended notifying the applicant about the need to apply for a Minor-Major Works Agreement with Staffordshire County Council Network Management Unit;

35. In addition to the above-mentioned recommended conditions and informative, the

Transport Development Control Officer has worked with the applicant to identify the undertakings referred to earlier in order to minimise the impact on the highway network. Such undertakings would need to be secured by a Memorandum of Understanding.

External 36. Severn Trent Water – no objection, subject to a pre-commencement condition to

require submission of drainage plans for the disposal of surface water and foul sewage

37. Natural England – no objection 38. Lichfield District Council’s Environmental Health – no objection 39. Staffordshire Fire and Rescue Service – no objection but commented that

appropriate supplies of water for firefighting and vehicle access should be provided. The position of Staffordshire Fire and Rescue Service is that all new and major refurbishment school should be fitted with sprinklers and the Service is committed to providing support to partners in achieving this position. [Note: This could be addressed as an Informative]

40. Sport England – no objection, subject to a condition to submit details of MUGA prior

to its construction. An informative has also been advised about the size of MUGAs and compliance with Sport England design guidance.

Views of District/Parish Council 41. Lichfield City Council – no objection but hope that every effort would be made to

provide additional parking to meet the additional demand that the new school would bring

42. Lichfield District Council – no objection, however a concern was raised in respect of

the impact on the local highway network and the potential for vehicular/pedestrian conflict. Lichfield District Council requested that these impacts be fully assessed and mitigated (if necessary).

Publicity and Representations Received 43. Site notice: YES Press notice: NO 44. 143 neighbour notification letters were sent out and 26 representations have been

received, including an electronic petition containing 119 names. The representations mainly raised concern on highway safety grounds, which can be summarised as follows:

Parking and Highway Safety issue

• The current two primary schools already generate significant parking demand and traffic chaos; there are already significant congestions problems, with drivers during school drop off times showing little consideration for the safety of children.

• There have been occasions when the cars were hit and these incidents have

not been reported to the police; an increase in cars trying to park along Cherry Orchard would just increase stress for drivers and result in a lack of care and attention to pedestrians and other road users.

• The demand for school should be closer to new residential developments in

Lichfield, which are all on the opposite side of Upper St John’s Street. Parents are not going to walk or cycle the distance from these estates with children from the age of three; on wet days the problems are exacerbated. This is very unsafe for children.

• There is increasing number of HCV and lighter commercial vehicle activity.

Cherry Orchard is designated as alternative HGV route for vehicles that are too large to attempt the St John’s St Railway bridge.

• The highway department should experience the serious issue with the

dangerous visibility along Cherry Orchard at school pick times during the winter months with the blinding low sun in the sky causing severe glare which has enormous safety issue.

• A further factor contributing to the current traffic problems in the area is that Wharf Close, off Cherry Orchard is the only access point for the new housing development around Strawberry Lane, which results in 250 cars routinely entering and exiting development via Wharf Close and Cherry Orchard every day. So additional school traffic would clearly add further problems to an already overloaded access route.

• The County Council has a duty of care to protect the well being of young people

who use these facilities Transport Assessment

• The traffic survey carried out in support of the Transport Assessment (TA) was undertaken on Monday 8 September 2014 when the schools were not fully operations. The claim that 166 extra car journeys would have no significant impact on users of Cherry Orchard is nonsense and the reality is not reflected in the document.

• The TA refers to 5kph leisurely walking, which is not the case for parents with

small children. It is clearly not possible to reach the site on foot in 15 minutes from many locations within the 1200m catchment circle.

• The “Keep Clear” road marking which is proposed on Cherry Orchard outside

the new school as identified in the TA would further reduce the inadequate number of spaces within are available

Location

• There is no evidence as to how they have reached this proposal or why it is the solution to the school place issue.

• The majority of the pupils would live in Darwin Park area and there is no way

these pupils would walk or cycle to Cherry Orchard Construction Phase

• If the proposed Five Spires Academy has permission granted, during

construction would the County Council enforce controlled hours of operation and to ensure that consideration is given to how and where construction vehicles and staff would gain access to the site for unloading and parking without causing a highway hazard or inconveniencing neighbours?

Site Layout

• There seems very little play space for children, a real problem in view of the

concerns about children obesity. • The MUGA would be built on the large green field currently used by 2 schools

would be shared with the new school which would mean limited physical activity, overcrowding and generally poor education.

• The development is limited in size. Any growth of the school, which is

inevitable, would mean the loss of outside space for students who attend this school.

Other matters

• The planning application was not made publically available. • Developing three schools in such close proximity would lead to a property price

hot spot within Lichfield. A lack of long term strategy would undermine the holistic development approach required to ensure Lichfield develops as a prosperous city and not with areas of deprivation caused by such ill-conceived development such as this.

The Applicant’s Case 45. Staffordshire County Council has a statutory duty to ensure the sufficient supply of

good quality school places and to promote school diversity, therefore as a result of

the growing population in the south of Lichfield it wishes to create a new primary school for about 210 and 13 (full-time) place nursery to meet the increasing demand and to provide greater choice for primary school places.

46. The new school would operate from the former Lichfield Day Services building and

already has (with some internal re-modelling and modernisation) suitable space to accommodate up to 120 primary and 13 full-time nursery places. This application would extend the building to accommodate the remaining about 90 places.

47. The school and the nursery would open in September 2015 and it is envisaged that

the school would grow annually until it reaches full capacity by 2021 as explained in the table below:

September Nursery Reception Y1 Y2 Y3 Y4 Y5 Y6 Total

2015 13 30 15 15 73 2016 13 30 30 15 15 103

2017 13 30 30 30 15 15 133 2018 13 30 30 30 30 15 15 163 2019 13 30 30 30 30 30 15 15 193 2020 13 30 30 30 30 30 30 15 223 2021 13 30 30 30 30 30 30 30 253

Observations 48. This is an application for a new Five Spires Academy Primary School to include a

550 square metre classroom extension, additional 9 car parking spaces, provision of hard surface play area, erection of 1.9 metre high steel bar fence and gates, conversion of former workshop building to a 13 place nursery, and provision of a MUGA (Multi Use Games area) at Cherry Orchard, Lichfield.

49. Having given careful consideration to the application; the supporting information; the

relevant development plan policies and other material considerations; the consultation responses; and, the representations; all referred to above, the key issues are considered to be:

• Planning policy context • The Sustainable Design • The impact on the local highway network • The need for a ‘Memorandum of Understanding’ • Other matters raised in representations Planning Policy Context

50. The relevant development plan policy and other material considerations were listed

earlier in the report. The key development plan policies are contained the Lichfield District Local Plan Strategy (the new Local Plan), adopted on 17 February 2015. In terms of other material considerations, the Government’s National Planning Policy Framework (NPPF) is also important.

51. The NPPF encourages the local planning authorities to take a proactive, positive and

collaborative approach to meeting the need of existing and new communities for

school places and to developments that would widen choice in education. Paragraph 72 states that the local planning authorities should:

‘Give great weight to the need to create, expand or alter schools; and Work with school promoters to identify and resolve key planning issues before the applications are submitted’

52. Lichfield District Council has recently adopted a new Local Plan, which directs where

new development should take place across the District area; describes what changes will occur; and, identifies how places will be shaped in the future. The strategy for Lichfield town seeks to enhance its role by increasing both the range and quality of services and facilities to serve the existing and future communities.

53. The new Local Plan (Core Policy 4) states that the District Council will work in

partnership with infrastructure providers, funding bodies, key stakeholders and other agencies and organisations to ensure a co-ordinated delivery of facilities and infrastructure and to ensure that the District's communities function in a sustainable and effective manner. The District Council will seek to protect, and where appropriate improve, services and facilities that provide a key function in the operation of existing communities. New facilities must be located and designed so that they are integrated, accessible and compatible with the character and needs of the local community.

54. A number local residents have raised a concern that there is no evidence as to how

the County Council has reached its decision to provide the school here as the majority of the pupils would live in other areas of Lichfield.

55. Although the new Local Plan does not identify specifically a need for a new primary

school, the applicant explains that Staffordshire County Council has a statutory duty as an Education Authority to ensure that there is sufficient supply of school places and a duty to promote school diversity. The applicant explains that as the result of the growing population in the south of the city of Lichfield, there is an increasing demand for places and greater school choices. Part of the reason for growing population in the south of Lichfield is due to the recent housing expansions in the area. This trend is likely to continue in the south of Lichfield as this is where housing development is planned to take place.

56. The principle of the school in this location is acceptable by virtue of the previous use

of the site as a former Day Service facility. As mentioned previously, the existing permitted use of the site means that a new planning permission to open as a school is not required.

57. Conclusion: It is reasonable to conclude, having regard to the development plan

policies, material considerations and representations referred to above, that the proposals are acceptable in principle. However, certain elements require planning permission and so this provides an opportunity to consider the effect of the change of use in terms of the design, the intensity of the use and traffic arise and the effects on local amenity. These matters are considered below.

The Sustainable Design 58. The National Planning Policy Framework (Section 7) recognises that good design is

a key aspect of sustainable development and seeks to ensure that the developments would function well and add to the overall quality of the area; respond to local character and identity; create safe and accessible environments and are visually as the result of good architecture and appropriate landscaping.

59. The new Local Plan (Policy BE1) encourages all development proposals to be of a

high quality. Of particular relevance to this case is the requirement that new development, including extensions and alterations to existing buildings, should carefully respect the character of the surrounding area and development in terms of layout, size, scale, architectural design and public views; public safety and health, by avoiding development which causes disturbance through unreasonable traffic generation, noise, light, dust, fumes or other disturbance.

60. The Supporting Statement incorporating the Design and Access Statement sets out

the design principles and constraints and how these have influenced the evolution of the proposed development. The applicant has given careful consideration to the site constraints and context, including its topography, vehicle access, key views and neighbouring uses. The overall design of the extension in terms of size, scale, architectural design and public views is considered acceptable and in keeping with the surrounding character, subject to recommended conditions requested by the SCC EAT mentioned in the ‘Consultation’ section earlier, which include the submission of details of finishing materials, fencing and lighting to ensure that the development is sympathetic and does not give rise to any unacceptable impacts which are detrimental to the surrounding environment, biodiversity and residential amenity.

61. The proposed site plan identifies a sprinkler pump house, which would be enclosed

by a 3.5 metre high fence to the east of the application site and located near the rear boundary with the residential property of Fairview. The details of the pump house and the enclosure have not been provided as part of this submission. Currently, this is a landscaped area, however due to the scale and size of the pump house and fencing, it is anticipated that this element of the development would be visible from Fairview. Therefore a condition is recommended to submit the details of the location, the sprinkler pump house, the enclosure and any mitigation measures (if necessary) following the discussion with the residents at Fairview. The condition would ensure that the development does not result in any detrimental impacts and the amenities of the nearest residents are protected.

62. The new Local Plan (Policy SC1) requires all developments to incorporate

sustainable design features to facilitate a reduction in the consumption of natural resources, improve the environmental quality and mitigate the impact on climate change by way of incorporating sustainable drainage, use of sustainable construction materials and techniques. The policy also requires all major refurbishment of existing non-residential buildings or conversions greater than 1000 square metres floor space to achieve the 'Very Good' Standard of BREEAM 2011, and high standards of the BREEAM Non-Domestic Refurbishment Scheme when launched.

63. Staffordshire County Council’s Climate Change Strategy ‘Green Shoots’ section 5,

policy 5 also seeks to ensure that new developments are:

‘designed to minimise energy demand. It is with reasonable endeavours that all new buildings greater than 500m2 must achieve BREEAM rating of Very Good as a minimum and a B rated EPC. It will be mandatory for new buildings over 500m2 to generate at least 10% of their anticipated energy requirements from on site renewable technologies’.

64. It should be noted that the development is not entirely a new construction. The

primary school is fundamentally a refurbishment project which retains and enhances the existing building.

65. The applicant states in their supporting information that the new Local Plan policy SC1 requirement to achieve a rating “Very Good” has been considered and believes that an independent assessment in not necessary because the design of primary school and nursery would incorporate a number of sustainable features (described earlier) which are covered by other legislations and codes of practice, to demonstrate the environmental performance of the building. The applicant has explained that they remain committed to investing in sustainable design and opportunities for additional energy efficiency features would continue to be investigated as project develops in order to comply with the relevant Buildings Regulations standards (Part L and Approved document L2A (ADL2A)).

66. With regard to the proposed drainage system, Severn Trent has requested a condition to require the submission of drainage plans for the disposal of surface water and foul sewage. This condition is considered appropriate and would ensure that the proposals are provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

67. In terms of the proposed layout, local residents have raised some concerns that the

space for children is insufficient to play. The MUGA would be built on a large green field currently used by 2 schools and, if shared with the new school, it would limit physical activity, be overcrowded and generally poor for education.

68. In their response, the applicant has explained that construction of the MUGA on the

adjoining St Michael’s Primary School site was discounted from the plans in July 2014 and therefore omitted from any proposal; hence it explains the alternative arrangements to the north-east of the site.

69. The site plan shows a number of hard surface play areas and a grassed informal

play area. There would the Multi-Use Game Area (MUGA) constructed to the north of the site, subject to completion of the land purchase which is currently negotiated with Lichfield District Council. The land is currently disused and overgrown green space. In the event if this land is not being purchased by County Council, the hard surfaced area would be reduced in size and repositioned on the existing site. Sport England raised no objection but requested details of MUGA prior to its construction. A condition is therefore could be added to secure the requirement to ensure that outdoor sport facility is adequately meet the Sport England’s requirement. An informative is also recommended advising the applicant about Sport England MUGA design guidance.

70. Conclusion: It is reasonable to conclude, having regard to the policies and material consideration, consultation responses and representations referred to above that the development does not fully comply with the Local Plan policy SC1 in that the applicant is unable to carry out the BREEAM assessment. Notwithstanding, the school and nursery is fundamentally a refurbishment project which has been designed to maintain and enhance the existing building and the development does incorporate a number of features which would make the development acceptable in sustainable design terms. With regards to the design of the extension and layout, this is considered to be acceptable and the development would accommodate the playing areas and MUGA, which are considered to be appropriate for the number of children that would attend the school and nursery. On this basis, the proposals also meet the requirement of policy BE1 in terms layout, size, scale, architectural design and public views. With regards to other requirements of the policy BE1 i.e. avoiding development which causes disturbance through unreasonable traffic generation, this is considered below.

The impact on the local highway network

71. The NPPF (Section 4) deals with Sustainable Transport and aims to secure the safe and efficient movement of people to and from sustainably-located destinations, reducing the overall need to travel, promoting the use of non-car modes and improving the transport network that is cost effectively limit the significant impacts of the development.

72. The new Local Plan (Policy BE1) aims to secure public safety and health, by

avoiding development which causes disturbance through unreasonable traffic generation. Policy ST1 seeks to secure more sustainable travel pattern and lists a number of requirements of which the most relevant in this case are (1) supporting measures and specific schemes to improve services and facilities for non-car based travel; (3) requiring development needing access by a large number of people to be located where it is or can be made accessible by non-car means of transport; (4) requiring all major development, including employers and educational institutions, to be accompanied by a site specific travel plan to promote and achieve sustainable travel choices; and (5) only permitting traffic generating development where it is, or can be made compatible with, the transport infrastructure in the area and takes account of: number and nature of additional traffic movements; capacity of the local transport network; cumulative impact including other proposed development; access and egress to the public highway; and highway safety.

73. Both Lichfield District Council and Lichfield City Council have raised concerns about

the impact on the local highway network and the potential for vehicular/pedestrian conflict. Lichfield District Council has requested that this aspect of the development be fully assessed and mitigated (if necessary).

74. Objectors have also raised concerns in relation to highway safety in terms of the

number of vehicle movements the new school would attract; congestion at school drop off and collection times due to the close proximity of other schools on Cherry Orchard. Objectors have also questioned the Transport Assessment (TA) and the measures to mitigate the adverse impacts.

75. The applicant has submitted the TA which seeks to reflect the scale of development

and the extent of the transport implications of the proposal. The TA considered the

accessibility to the site by all modes of travel and the likely modal split of journeys to and from the site. It also provides details of proposed measures to improve access by public transport, walking, cycling and aims to reduce the need for parking associated with development and also sets out transport related mitigation measures.

76. The pedestrian and cycle travel and travel by bus to and from the school were

studied. The school catchment covers the area stretching about 1.7km and there is a good standard of infrastructure locally, for those modes of travel. The record of reported Personal Injury Accidents on Cherry Orchard for the last five years up to December 2013 was examined. There were a total of 4 accidents on Cherry Orchard, which resulted in 6 casualties, all slight in severity.

Table reproduced based on Table 6-1 of the TA: Vehicular Trips Arriving and Departing by the Proposed Development

Vehicular trip rates

Number of vehicles AM Peak Hour (08:00 – 09:00) PM Peak (15:00 – 16:00)

Arrivals Departures Totals Arrivals Departures Totals Primary School

103 53 155 62 91 153

Nursery 6 5 11 2 2 3 Total 109 58 166 63 93 156

77. The table above indicates that in the morning peak period (0800 to 0900) the school

and the nursery would generate on average 166 vehicles two-way trips. During the afternoon peak period (1500 to 1600) it is anticipated that the development would generate 156 two-way vehicular journeys.

78. The TA also compares the predicted trip rates with those generated by the extant

land use. Para. 6.2.1 concludes that ‘the local highway network will reasonably be expected to experience higher traffic level under the new conditions’.

79. The overall conclusion of the TA (para. 8.1) is that based on the traffic impact

assessment ‘the level of additional traffic movements associate with the new school would have a negligible impact on the local highway network’. However, the TA acknowledges that ‘it is inevitable that there is likely to be some pick-up/drop-off activity associated with the new school which is likely to cause some disruption on Cherry Orchard and may accentuate current issues associated with this activity related to other nearby schools.’

80. A School Travel Plan does not accompany this application. The TA emphasises the

importance of a Travel Plan, which should set out the measures to improve non-car infrastructure such as, for example a reduction in the number of single occupancy vehicle trips to be generated and encourage walking by improving the pedestrian and cycling links. The TA also suggests that better co-ordination of school start and finish times with neighbouring schools would help to minimise disruption associated with children pick-up and collection time. Both existing schools currently start their lessons at 9am and finish on a staggered basis with St Joseph’s finishing lessons at 3.30pm and St Michael’s at 3.15pm. The applicant has given an undertaking, secured by the MoU, to work with the neighbouring schools to co-ordinate school start and finish times in order to minimise disruption at pick-up/drop-off times.

81. The TA recommended a package of mitigation measures:

• a School Travel Plan • Traffic Regulation Order • Improved pedestrian crossing facility on Cherry Orchard close to the pedestrian

access • Cycle parking • Coordinated start and finish times with the neighbouring schools

82. The applicant has agreed to the above undertakings which would need to be

secured in a Memorandum of Understanding (see below). 83. The SCC TDC Officer has also considered concerns raised by the local residents

about the highway safety and concluded that further actions would be required in addition to those suggested in the TA, such as the TROs should contain alternative measures in addition to those recommended in the TA in order to improve the safe pedestrian accessibility to the site and discourage car use. These measures include revision of the parking restriction on Station Road between Rotten Row and Levetts Field and to introduce waiting restriction and provision of a footway on Station Road across the entrance to the footpath between Station Road and Cherry Orchard. The applicant has agreed with the recommendations which should also be secured by way of signing a Memorandum of Understanding (MoU) (see below).

84. One local resident has questioned the construction phase and how the works would

be carried without affecting highway safety and causing inconvenience to the neighbours should the planning permission be granted. Any details of construction and demolition works are usually listed in a Construction Environmental Management Plan (CEMP), which is not included in this application. The TDC Officer has recommended a condition requesting the CEMP which should include measures to avoid disturbance to the highway network and residential amenities during the construction phase (see above).

85. A number of residents have raised concerns related to existing congestion, HGV

movements on Cherry Orchard in addition to the intensive car movements associated with the new housing development around Strawberry Lane. These are wider on-going issues which do not relate directly to this application and cannot be controlled through the planning process. The TDC Officer is aware of these circumstances and is continuing to work with the District and County Councillors to find solutions to resolve these matters.

86. Conclusion: It is reasonable to conclude, having regard to the policies and material

consideration, the consultation responses, and the representations referred to above, that subject to the imposition of conditions and the undertakings to be secured by a Memorandum of Understanding, that the proposals would not give rise to an unacceptable adverse impacts on the local highway network.

The need for a ‘Memorandum of Understanding’

87. As described earlier, the applicant has offered a number of undertakings to respond to matters that have arisen during the course of considering the application. In other circumstances, it would be normal to secure such undertakings by Section 106 Legal Agreement (Section 106). In this case, the County Council is the applicant and it cannot enter into a legally enforceable agreement with itself under Section 106. As an alternative, it is appropriate to recommend that the County Council sign a

Memorandum of Understanding (MoU). MoUs have been used before by the County Council to provide a transparent commitment to fulfil certain undertakings.

88. Before recommending that a Section 106 (or MoU in this case) be signed, it is first

necessary to determine whether or not the undertakings meet the tests set out in the NPPF paragraph 204. The 3 tests are that the undertaking should be:

1. necessary to make the development acceptable in planning terms; 2. directly related to the development; and 3. fairly and reasonably related in scale and kind to the development.

89. In this case, it is considered that the proposed undertakings would meet the tests

referred to above for the reasons discussed below:

1. To submit a Full Travel Plan within 4 months of occupation and to submit Travel Plan Monitoring Reports annually for a period of five years.

2. To commit a sum of £6,300 for the monitoring and periodic review of the Travel Plan. The Travel Plan would include targets, monitoring regime and management arrangements to encourage sustainable means of travel to and from the school and are necessary in order to minimise the impact of additional traffic on the existing highway network generated by the development. The financial contribution would fairly and reasonable relate to the cost of monitoring the Travel Plan. These undertaking would therefore accord with the new Local Plan (Policies BE1 and ST1)

3. To produce a Traffic Management Scheme (TMS) and carry out works to

provide safe access around the school. The TMS to include:

a. provision of ‘School Keep Clear’ markings, b. an improved pedestrian crossing facility on Cherry Orchard close to the

pedestrian access to the school/Academy/nursery; c. further parking restrictions and H’ bar markings on Cherry Orchard where

appropriate; d. a review of the parking restrictions on Station Road between Rotten Row

and Levetts Field; and, e. any additional measures that are deemed necessary in the opinion of

Staffordshire County Council, as the Highway Authority.

4. To work with the neighbouring schools to co-ordinate school start and finish times in order to minimise disruption at pick-up/drop-off times; It is considered that these undertakings accord with the NPPF (Section 4) and the new Local Plan (Policy BE1 and ST1), which seek to promote the use of non-car modes, ensure public safety and health and by minimising the effects of traffic from new development.

5. To provide a footway on Station Road across the entrance to the footpath

between Station Road and Cherry Orchard.

This undertaking would help to ensure that the access to the development is well connected to the wider pedestrian and cycling links and improve the efficient movement of people to and from the site, reducing the overall need to travel and promoting the use of non-car modes in accordance with the NPPF (Section 4) and the new Local Plan (Policy BE1 and ST1).

Other matters raised in representations

90. A concern has been raised by local residents that the planning application was not made publically available. The planning application was advertised in accordance with Staffordshire County Council’s Statement of Community Involvement (SCI). The ways the application has been advertised are explained earlier in this report.

91. A local resident has expressed a concern that the proposals would have an impact on

property values. Members will be aware that planning is concerned with land use in the public interest and that the impact of the development on private property values is not a material planning consideration.

Overall Conclusion

92. Overall, as an exercise of judgement, taking the relevant development plan policies as a whole and having given consideration to application; the supporting information; the consultation responses; the representations; and, the other material considerations; all referred to above, it is reasonable to conclude, subject to County Council signing a Memorandum of Understanding to secure the undertakings referred to above and subject to the planning conditions, that planning permission should be granted. DIRECTOR OF PLACE AND DEPUTY CHIEF EXECUTIVE’S RECOMMENDATION

For the purposes of Regulation 3 of the Town and Country Planning General Regulations 1992, PERMIT the proposed development for a new Five Spires Academy Primary School to include a 550 square metres classroom extension, additional 9 car parking spaces, provision of hard surface play area, erection of 1.9m high steel bar fence and gates, conversion of former workshop building to a 13 place nursery, and provision of a MUGA (Multi Use Games area) at Cherry Orchard, Lichfield subject to a Memorandum of Understanding and condition listed below. Memorandum of Understanding – heads of terms to include:

1. To produce and implement a Full Travel Plan and undertake annual monitoring

reports for a period of five years; 2. To commit a sum of £6,300 for the monitoring and periodic review of the Travel

Plan; 3. To produce a Traffic Management Scheme (TMS) and carry out works to

provide safe access around the school. The TMS to include:

o provision of ‘School Keep Clear’ markings, o an improved pedestrian crossing facility on Cherry Orchard close to the

pedestrian access to the school/Academy/nursery;

o further parking restrictions and H’ bar markings on Cherry Orchard where appropriate;

o a review of the parking restrictions on Station Road between Rotten Row and Levetts Field; and,

o any additional measures that are deemed necessary in the opinion of Staffordshire County Council, as the Highway Authority;

4. To work with the neighbouring schools to co-ordinate school start and finish

times in order to minimise disruption at pick-up/drop-off times; and,

5. To provide a footway on Station Road across the entrance to the footpath between Station Road and Cherry Orchard.

Planning conditions – heads to terms to include: General Requirements 1. To define the Site. 2. To specify the approved development and plans. 3. To require the development to commence within 3 years and to require

notification of commencement of the external works of the development, when the development is brought into use and when it is occupied.

Construction Environmental Management Plan 4. To require a Construction Environmental Management Plan to be submitted

prior to commencement of any external works including details of the following:

a) Site Waste Management Plan; b) Routeing and timing of construction vehicles to and from the site for

each phase of the development; c) Provisions of escorts of abnormal loads; d) Parking for vehicles of site personnel, operatives and visitors; e) Temporary parking for staff and school visitors; f) Arrangements for the loading and unloading of plant and materials; g) Areas of storage for plant and materials; h) A scheme of construction related signage within the site; i) Measures to prevent the deposition of deleterious materials on the

public highway during construction phase; j) Measures to remove any deleterious material deposited on the public

highway; k) A tree and hedgerow protection plan, which shall be in accordance with

British Standard BS5837:2014; l) Timetable for implementation.

5. The development to take place in accordance with avoidance and mitigation measures listed in Table 5.2 of the Ecological Appraisal Report;

6. To carry out further inspection of the water tank housing for presence of bats

if it is not removed by the start of March 2015; Design, Ecology and Landscaping 7. To require detail of colour samples of finishing materials 8. To require details and colour of fencing 9. To require details of the lighting scheme which should take account of bats; 10. To require a landscape scheme, which should include enhancement

measures listed in Table 5.2 of the Ecological Appraisal Report; 11. To required details the sprinkler pump house, its enclosure and location and

any mitigation measures (if necessary) following the discussion with the residents at Fairview;

Flood Risk and Drainage 12. To require details of foul and surface water drainage scheme Sporting Provision 13. To require details of the proposed Multi Use Game Area or alternative outdoor

sport provision Parking and Cycle Parking 14. To require details of secure cycle parking facility prior to the development is brought into use; 15. To provide parking bays in accordance with submitted drawing prior to the

development is brought into use

Informatives to include the following: 1. Staffordshire County Council Memorandum of Understanding

The application to be reminded of the undertakings secured by Memorandum of Understanding

2. Staffordshire County Council Transport Development Control (on behalf of Highway Authority) The applicant is reminded about the need to apply for a Minor-Major Works Agreement with Staffordshire County Council Network Management Unit

3. Staffordshire Fire and Rescue Service The application to be advised about appropriate supplies of water for

firefighting and vehicle access should be provided. The applicant is also reminded that all major refurbishment school should be fitted with sprinklers

4. Sport England –

The applicant is advised to consider the recommendations by Sport England about the size of MUGAs and compliance with Sport England design guidance.

Case Officer: Alfia Cox - Tel: (01785) 277271 email: alfia.cox@staffordshire.gov.uk

A list of background papers for this report is available on request and for public

inspection at the offices of Staffordshire County Council, No. 1 Staffordshire Place, Stafford during normal office hours Monday to Thursday (8.30 am – 5.00 pm);

Friday (8.30 am – 4.30 pm).