Proposal:  Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning)

Applicant: St Thomas More High School

Agent: Ingleton Wood LLP

Mr Clark, a local resident, spoke as an objector to the application.  Mr Mason responded on behalf of the applicants.

 

Resolved:

 

That planning permission be GRANTED subject to the following conditions:

 

01  The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

 

Reason:  Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

 

02  The development hereby permitted shall be carried out in accordance withthe approved plans 001 Revision C; 100 Revision D; 101 Revision D; 102 Revision C; 103 Revision E; 104 Revision C; 108 Revision F; 004 Revision A.

 

Reason:  To ensure that the development is carried out in accordance with the policies contained within the Development Plan.

 

03  Notwithstanding the details shown on the plans submitted otherwise hereby approved the development hereby permitted shall not commence other than for groundworks and site preparation works unless and until details and appropriately sized samples of the materials to be used for all the external surfaces of the proposed buildings and hardsurfaced areas at the site have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be implemented in full accordance with the details and samples approved under this condition before it is occupied.

 

Reason:  In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of surrounding locality. This is as set out in Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and Design and Townscape Guide (2009).

 

04  No development of the multi-use games area shall commence until details of the design and layout of the multi-use games area including the surface specification, fencing specification and line markings have been submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. The multi-use games area shall not be constructed other than in accordance with the approved details and retained thereafter.

 

Reason:  To ensure the satisfactory, quality of compensatory provision and to ensure that the development is fit for purpose and sustainable and to accord with Development Plan Document Policy CP7 of the Core Strategy (2007).

 

05  No occupation shall commence of the development hereby permitted until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the multi-use games area and fitness suite and include details of pricing policy, hours of use, access by non-educational establishment users, management responsibilities and a mechanism for review, and anything else which the Local Planning Authority in consultation with Sport England considers necessary in order to secure the effective community use of the facilities. The development shall not be used at any time other than in strict compliance with the approved agreement.

 

Reason:  To secure well managed safe community access to the sports facility, to ensure sufficient benefit to the development of sport in accordance with Development Plan Policy CP7 of the Core Strategy DPD1.

 

06  No development shall commence until details for the phasing and delivery of the multi-use games area hereby permitted, have been submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. The development hereby permitted shall not be carried out other than in accordance with the approved details.

 

Reason:  To ensure the satisfactory quantity, quality and accessibility of compensatory provision which secures continuity of use (phasing provision) and to ensure that the development is fit for purpose and sustainable and to accord with Development Plan Document Policy CP7 of the Core Strategy (2007).

 

7 (a)  No development associated with this permission shall take place until a written scheme of investigation for a programme of archaeological work has been submitted to and approved in writing by the local planning authority. This must include details of the suitably qualified person or organisation that will carry out the archaeological work and reasonable notification to the local planning authority when the work will be undertaken.

 

(b)  The archaeological work and development must then be carried out in accordance with the approved scheme. A written report of the investigation and findings must be produced, showing that the archaeological work and development has been carried out in accordance with the approved scheme and recommendations within the report carried out. Copies of the written report of the investigation and findings must be sent to Southend Borough Council.

 

(c)  No part of the construction work shall commence until the local planning authority has provided written confirmation that it is satisfied that the archaeological fieldwork and development has been carried out in accordance with the approved scheme.

 

Reason:  To avoid damage to archaeological remains on site as set out in the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM2 and Design and Townscape Guide (2009).

 

08  Prior to first occupation of the development 10 additional car parking spaces to serve the development shall be provided in accordance with drawing 108 Revision F hereby approved and shall thereafter be permanently retained for use by staff and visitors to the school.  Permeable paving shall be used for the hardstanding area associated with this use.

 

Reason: In the interests of highway management and safety, residential amenity and general environmental quality in accordance with the NPPF, Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policy DM15, and Design and Townscape Guide (2009).

 

09 Notwithstanding the details shown on the plans submitted otherwise hereby approved prior to occupation of the development hereby approved details of the 55 bicycle parking spaces to be provided at the site shall be submitted to and agreed in writing by the Local Planning Authority. The approved bicycle parking spaces shall be provided prior to the occupation of the building and permanently maintained thereafter in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

 

Reason: To ensure that adequate cycle parking is provided and retained to serve the development in accordance with policy CP3 of the Core Strategy (2007) and policy DM15 of the Development Management Document (2015).

 

10 Prior to first use of the development hereby approved a Travel Plan which encourages travel to and from the site by sustainable mode of transport shall be submitted to and agreed in writing by the local planning authority.  The Travel Plan shall be implemented in full accordance with the approved details and measures from the first occupation of the development. At the end of the first and third year’s operation of the development hereby approved, reports monitoring the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified problems must be submitted to and approved in writing by the local planning authority. The updated Travel Plan must thereafter be implemented in accordance with the approved details.

 

Reason:  In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with Core Strategy (2007) Policies KP2, CP3 and CP4, Policy DM15 of Development Management Document (2015), and the Design and Townscape Guide (2009).

 

11  Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any order revoking and re-enacting that Order) no floodlighting shall be installed at the site without the receipt of express planning permission in writing.

 

Reason:  To protect the amenities of neighbouring properties and the general environmental quality in accordance with, National Planning Policy Framework, Core Strategy (2007) Policies KP2 and CP4, and Development Management Document (2015) Policies DM1 and DM3.

 

12  No site clearance, preparatory work or development shall take place until a scheme of mitigation for the protection of the trees adjacent to the Multi Use Games Area and those identified on plan ref 108 revision F and the appropriate working methods (the Arboricultural method statement) in accordance with Clause 7 of British Standard BS5837 - Trees in Relation to Construction - Recommendations has been submitted to and agreed in writing by the local planning authority.  The approved mitigation measures shall be installed before the commencement of works and the development implemented in full accordance with the approved measures and methods.

 

Reason:  In the interests of visual amenity and to ensure a satisfactory standard of tree protection, pursuant to Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and the advice contained in the Design and Townscape Guide (2009).

 

13  No site clearance, preparatory work or development shall take place until a scheme of mitigation measures to show how the developments potential effects on biodiversity, protected species and habitats would be mitigated against during the construction of the development. The construction works must then be carried out only in accordance with the approved measures.

 

Reason:  To protect the biodiversity of the environment in accordance with the National Planning Policy Framework, Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and the advice contained in the Design and Townscape Guide (2009).

 

14  A scheme detailing how at least 10% of the total energy needs of the new building will be supplied using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation of the building. This provision shall be made for the lifetime of the development.

 

Reason:  In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007), Policy DM2 of the Development Management Document (2015).

 

15  No development other than demolition and site clearance works shall take place until details of the implementation, maintenance and management of a scheme for surface water drainage works (incorporating Sustainable Urban Drainage (SuDs) Principles have been submitted to and approved by the local planning authority. The scheme shall be implemented and thereafter managed in accordance with the approved details before the development is occupied and brought into use and be maintained as such thereafter. Those details shall include:

 

(i) An investigation of the feasibility of infiltration SUDS as the preferred approach to establish if the principles of any infiltration based surface water drainage strategy are achievable across the site, based on ground conditions. Infiltration or soakaway tests should be provided which fully adhere to BRE365 guidance to demonstrate this. Infiltration features should be included where infiltration rates allow;

(ii) Drainage plans and drawings showing the proposed locations and dimensions of all aspects of the proposed surface water management scheme. The submitted plans should demonstrate the proposed drainage layout will perform as intended based on the topography of the site and the location of the proposed surface water management features;

(iii) a timetable for its implementation; and

(iv) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

 

Reason:  In order to ensure a satisfactory standard of sustainable drainage and to prevent environmental and amenity problems arising from flooding in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Development Management Document (2015) Policy DM2.

 

16  No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

(i.) the parking of vehicles of site operatives and visitors

(ii.) loading and unloading of plant and materials

(iii.) storage of plant and materials used in constructing the development

(iv.) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

(v.) details of drainage/surface water to ensure the proposal does not discharge onto Network Rail land including foul drainage.

(vi.) measures to control the emission of dust and dirt during construction

(vii.) plant and materials

(viii.) scaffolding

(ix.) piling

(x.) lighting

(xi.) a scheme for recycling/disposing of waste resulting from demolition and construction works

(xii.) future maintenance of the site

 

Reason:  To minimise the environmental impact and disturbance to existing residents, during construction of the development in accordance National Planning Policy Framework; Core Strategy (2007) Policies KP2 and CP4; Development Management Document (2015) Policies DM1 and DM3.

 

17  If during development contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until written approval from the Local Planning Authority has been received for a remediation strategy detailing how this unsuspected contamination shall be dealt with that has previously been submitted to the Local Planning Authority in writing.  All agreed remediation works must be implemented in their entirety prior in full accordance with the approved remediation strategy to further construction works commencing unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with National Planning Policy Framework, sections 120 and 121 and Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

18  Construction and demolition shall only take place between the hours of 07:30 and 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays and not at all on Sundays or Bank Holidays.

 

Reason: To protect residential amenity and general environment quality in accordance with the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2 and CP4, and Policies DM1 and DM3 of the Development Management Document (2015).

 

19  During construction and demolition the loading or unloading of goods or materials shall take place on the land only between the hours of 07:30 hours -18:00 on Monday to Friday, 08:00 to 13:00 on Saturdays, and not at all on Sundays or Bank Holidays.

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character the area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

20  The development shall not be occupied until refuse and recycling details have been submitted to and agreed in writing by the Local Planning Authority. The waste management of the development shall thereafter be carried out in accordance with the approved details before it is occupied.

 

Reason:  To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

Informatives

 

01  You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero due to the specific nature of the use.

 

02  You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http://www.southend.gov.uk/info/200011/building_control for further information.

 

03  The applicant is reminded that this permission does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974. The provisions apply to the construction phase and not solely to the operation of the completed development.  Contact 01702 215005 for more information.

 

04  In relation to condition 4 above The applicant is advised that the design and layout of the [Multi Use Games Area] should comply with the relevant industry Technical Design Guidance, including guidance published by Sport England and National Governing Bodies for Sport. Particular attention is drawn to Sport England’s ‘Artificial Surfaces for Outdoor Sports’ guidance note (2013) www.sportengland.org/facilitiesplanning/tools-guidance/design-and-cost-guidance/artificial-sportssurfaces/ and the Lawn Tennis Association’s Porous Macadam Tennis Courts and Floodlighting Outdoor Tennis Courts guidance notes https://www.lta.org.uk/venue-management/facilities-advice/. 

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.