Proposal: Erect three storey teaching block (class D1) with canopy roof to front and side, comprising 14 Classrooms, ancillary offices and ground floor dining area, layout additional car parking spaces and 103 cycle parking spaces.

Applicant: Brentwood Academies Trust 

Agent: Ingleton Wood LLP 

 

Resolved:

 

That PLANNING PERMISION 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 shall be carried out in accordance with the approved plans:  CHASE-IW-XX-XX-DR-2100 P8, CHASE-IW-XX-XX-DR-2102 P1, CHASE-IW-ZZ-XX-DR-A-2101 P7, CHASE-IW-ZZ-XX-DR-A-2201 P5, CHASE-IW-ZZ-XX-DR-A-2202 P1, CHASE-IW-XX-XX-DR-A-2204 P4, CHASE-IW-XX-XX-DR-A-2206 P1

 

Reason: To ensure the development is carried out in accordance with the development plan.

 

03  Notwithstanding the information submitted with the application, no development above ground level shall take place until samples of the materials to be used on all the external elevations of the development hereby approved have been submitted to and approved in writing by the local planning authority. The development shall only be carried out and completed in accordance with the approved details.

 

Reason: To safeguard the character and appearance of the surrounding area in accordance with policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

04  No development above ground level shall take place until full details of both hard and soft landscape works and any boundary treatments to be carried out at the site have been submitted to and approved in writing by the local planning authority. The approved hard landscaping works and boundary treatments shall be carried out prior to first use of the development hereby approved and the soft landscaping works within the first planting season following first use of the development. These details shall include, for example:-

 

i.  proposed finished levels or contours; 

ii.  hard surfacing materials and means of enclosing the site;  

iii.  details of the number, size and location of the trees, shrubs and plants to be planted together with a planting specification, details of the management of the site, e.g. the uncompacting of the site prior to planting, the staking of trees and removal of the stakes once the trees are established, and details of measures to enhance biodiversity within the site.

 

Reason: To safeguard the character and appearance of the surrounding area and the amenities of the occupants of the proposed development in accordance with Policies DM1, DM3, DM5 and DM8 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

05  Prior to the first use of the development hereby approved, 41 off street car parking spaces shall be provided and made available for use at the site as shown on Drawing No. CHASE-IW-ZZ-XX-DR-A-2101 P7. The approved parking spaces shall thereafter be retained in perpetuity only for the parking of vehicles in connection with the school use.

 

Reason:  To ensure the adequate provision of parking at the site in accordance with policy DM15 of the Development Management Document (2015).

 

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

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007), Development Management Document (2015) Policy DM2 and the Design and Townscape Guide (2009).

 

07  Prior to the first use of the development hereby approved, details shall be submitted to and approved in writing by the local planning authority identifying the provision of 103 covered and secure cycle parking spaces and refuse and recycling storage at the site.  The approved cycle parking and refuse and recycling storage shall be provided in full and made available for use by pupils and staff at the school prior to the first use of the development hereby approved and be retained as such in perpetuity.

 

Reason:  To ensure the provision of adequate cycle parking and refuse storage in accordance with policies DM3 and DM15 of Development Management Document.

 

08  Hours of works associated with this permission shall be limited to 8am - 6pm Monday to Friday, 8am - 1pm Saturday. No works shall be carried out on Sundays or Bank Holidays.

 

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) policies DM1 and DM3 and The Design and Townscape Guide (2009). 

 

09  No external lighting, including floodlights shall be installed unless details of its design and location have been previously agreed in writing by the local planning authority.

 

Reason: In the interest of biodiversity and the safety and amenities of the area, and to protect the amenities of surrounding occupiers in accordance with policies  KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

10  The development hereby approved shall be undertaken and completed in accordance with the recommendations contained within the approved Extended Phase 1 Habitat Survey Report undertaken by D F Clark Bionomique Ltd dated 11 July 2018 (reference DFCP 4273-01).

 

Reason: In the interests of biodiversity and ecology in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP1, KP2 and CP4.

 

11  Notwithstanding information submitted with this application the development shall not be brought into first use unless and until full details of the bird and bat boxes to be installed at the site have been submitted to and approved in writing by the local planning authority. The approved bird and bat boxes shall be provided in full prior to the first use of the development hereby approved and retained as such in perpetuity.

 

Reason: To ensure the development provides biodiversity and ecology benefits in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP1, KP2 and CP4.

 

12  Site clearance works shall be undertaken outside of the bird nesting season (October to February) or if this is not possible then the site shall be surveyed by an ecologist before works commence. If nesting birds are found then work shall not commence until the young have fledged.

 

Reason: To protect biodiversity and ecology in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP1, KP2 and CP4.

 

13  The development hereby approved shall be undertaken in accordance with the recommendations contained within the approved Phase I Geo-Environmental Desk Study dated 9th July 2018 (reference UK18.4105 issue 1).

 

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

14  Subject to condition 13 above, if any contaminant is found on the site during the investigations or during construction, no development shall take place until intrusive investigation (Phase II contaminated land assessment) is carried out to delineate the extent of the contamination and a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

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 the developer has submitted, and obtained written approval from the Local Planning Authority a remediation strategy detailing how this unsuspected contamination shall be dealt with. All agreed remediation works must be implemented in their entirety prior to further construction works commencing unless otherwise agreed in writing by the LPA.

 

All approved remediation works must be implemented and completed in their entirety prior to development commencing unless otherwise agreed in writing by the LPA.

 

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

15  The development hereby approved, for purposes falling within Class D1, shall be limited to a school teaching block within use class D1 only and shall not be used for any other purpose, including any other use falling within use Class D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting these Orders, with or without modification.

 

Reason: To determine the scope of the permission in terms of its impact on community infrastructure in accordance with Core Strategy Policy CP6.

 

16  Notwithstanding the information submitted with the application, the development hereby approved shall not be brought into first use unless and until a Travel Plan including a comprehensive survey of users, targets to reduce car journeys to and from the site, identifying sustainable transport modes including cycling and modes of public transport and measures to reduce car usage has been submitted to and agreed in writing by the local planning authority. The approved Travel Plan shall be fully implemented prior to first use of the development hereby approved and be maintained thereafter in perpetuity and shall be reviewed after 12 months of the development. For the first three years at the end of each calendar year a document setting out the monitoring of the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified issues and timescales for doing so must be submitted to and approved in writing by the local planning authority. The agreed adjustments shall be implemented in accordance with the agreed conclusions and recommendations.

 

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policy DM15, and Design and Townscape Guide (2009).

 

17  No development above ground level shall be undertaken, in accordance with the Drainage Statement (Ingleton Wood,  July 2018, Document Ref: 111461), unless and until detailed design of a surface water drainage scheme incorporating the following measures has been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved details prior to the first use of the development hereby approved. The scheme shall address the following matters:

 

a.  Provide an assessment of suitability for infiltration, accounting for the presence of constraints on infiltration SuDS, drainage potential, and the potential for ground instability or contamination as a result of infiltration. The applicant needs to include evidence that infiltration testing has been undertaken for the site and that they are compliant with BRE365 guidance.

 

b.  Provide evidence that they have contacted the relevant third party landowner to seek permission to cross their land to discharge runoff direct to the watercourse.

 

c.Provide confirmation of the existing runoff rates for the 1 in 1 year, 1 in 30 year and 1 in 100 year storm events and Greenfield runoff rates for the site.

 

d. Provide evidence demonstrating that surface water runoff retention on site has been maximised for the 1 in 100 year plus climate change storm event to achieve an overall discharge from the site as close as possible to greenfield runoff rate. A robust justification of the proposed drainage arrangement shall be provided if a reduced discharge rate is not considered to be feasible. The applicable climate change allowance is subject to agreement from the LPA on the proposed design life of 50 years for the development.

 

e.  Provide MicroDrainage calculations to demonstrate the hydraulic performance of the entire network, including the proposed pipe network, for the 1 in 1 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change.

 

f.  Provide a plan illustrating the conveyance and exceedance flow routes for storm events exceeding the 1 in 100 year plus allowance for climate change.

 

g.  Provide an updated drainage layout plan indicating the dimensions, storage volumes, pipe sizes and gradients, manhole cover and invert levels, proposed discharge rates, flow controls and final discharge connection in accordance with the submitted calculations. Engineering plans should be provided for each of the SuDS and critical drainage elements, including the flow control features.

 

h.  Provide information on the management of health and safety risks in relation to feature design.

 

i.  Provide system valuation (including capital costs, operation and maintenance costs, cost contributions) and a demonstration of long term economic viability.

 

j.  Provide evidence of consent from Anglian Water to discharge at the proposed rate and connection point (if it is not possible to seek agreement to cross third party land to discharge direct to watercourse).

 

k.  Provide a method statement regarding the management of surface water runoff during the construction phase of the project.

 

l.  Provide an updated site specific maintenance plan to ensure the frequency of the flow control maintenance is suitable given the size of the proposed orifice plates.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

18  No drainage works shall commence until a surface water management strategy has been submitted to and approved in writing by the local planning authority. No hard-standing areas are to be constructed until and unless the works have been carried out in accordance with the strategy.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

19  Notwithstanding the information submitted with this application, prior to the first use of the building hereby approved, a waste management strategy and full details of the refuse and recycling storage for the approved development  shall be submitted to and approved in writing by the local planning authority. The approved waste management strategy shall be implemented and the approved refuse and recycling store shall be provided in full and made available for use prior to the first use of the building hereby approved and shall be retained as such in perpetuity.

 

Reason:  To ensure the provision of adequate refuse and recycling storage in accordance with the National Planning Policy Framework (2018) and Policy DM3 of Development Management Document (2015).

 

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.

 

Informatives

 

1.  Community Infrastructure Levy Liability Notice (CIL Regulation 65):- 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. However, should the nature of the use change then you are advised to contact the planning department to discuss the requirement for planning permission and CIL liability.

 

2.  You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may seek to recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning permission or other works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the Borough.

 

3.  Anglian Water has assets close to or crossing the site or there are assets subject to an adoption agreement. Therefore the site layout should take this into account and accommodate those assets within wither prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991, or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before the development can commence.

 

4.  Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991, Contact Development Services Team 0345 606 6087.

 

5.  It is highly likely that there are gas services and associated apparatus in the vicinity. Works on private land must not infringe Cadent and/or National Grid’s legal rights. You must verify and establish the actual position of mains, pipes, cables, services and other apparatus before any activities are undertaken.