Agenda item

EPF/0144/16 Land to South-East of Fyfield Road and North of Ongar Leisure Centre, Fyfield Road, Ongar

(Director of Governance) To consider the attached report for the erection of a new School (DEV-024-2015/16).

Minutes:

The Assistant Director of Governance (Development Management) presented a report for the erection of a new school on land to the south-east of Fyfield Road, Ongar and north of Ongar Leisure Centre. The application was before the Committee as it was considered a “large scale major application” as defined within the guidance issued by the Department of Communities & Local Government.

 

The Assistant Director stated that the majority of the site consisted of playing fields that lied to the north and east of Ongar Leisure Centre, as well as a car park used as an overspill for the Leisure Centre and Medical Centre. The site was within the Metropolitan Green Belt and adjoined the north east boundary of Ongar. The school buildings would be mainly three storeys, with some one and two storey buildings, and would be erected on the smaller, existing playing field, to the north of the Leisure Centre. A Sports Hall was proposed close to the visitor entrance. The existing playing fields to the east and south would be retained in open use but adapted in part to provide a floodlit all weather sports pitch. A new vehicular access would be provided from Fyfield Road into what was currently the overspill car park. A total of 26 parking spaces would be reserved for the Medical Centre, a drop-off and visitor parking area would be provided, as well as a 54 space car park for staff.

 

Planning Officers had concluded that the proposal would provide a much needed secondary school for the Ongar area, and also improve the range of leisure and sports facilities available to local people. Although the site was in the Green Belt, it was adjacent to the urban area of Ongar, and important agricultural land would not be lost. Therefore, it was felt that very special circumstances did exist and that planning permission should be granted.

 

The Committee noted the summary of representations that had been received in respect of this application. There had been five letters of objection received from neighbouring properties, along with 65 letters of support. In addition, the Town Council, Highways Agency, Sustainable Drainage Team, Trees and Landscape Team, CountyCare and Land Drainage Section had no objections. The Historic Environment Officer had recommended archaeological work on the site, and the Land Contamination Officer had recommended the imposition of the standard land contamination conditions. Sport England had objected to the application, as it involved the loss of existing playing fields; however, the Assistant Director tabled seven additional conditions for the proposal to deal with the objections raised by Sport England. The Committee heard from an Objector and the Applicant’s Agent before proceeding to debate the application.

 

In response to questions from the Committee, the Assistant Director stated that a considerable amount of the existing hedge would be removed to provide the necessary sight lines outlined in condition 4. A mini roundabout at the entrance to the proposed new School had not been considered as this would push the road closer to the nearby residents. The imposition of a 20mph speed limit for Fyfield Road and flashing/lit School signs could not be performed by planning condition, but requests could be made to Essex Highways. It was reiterated that parking spaces allocated for the Medical Centre had been already been agreed.

 

The Committee felt that it was a well thought out project and the proposed School was much needed in the area. It was accepted that very special circumstances existed in this case to permit development in the Green Belt, and the Committee was entreated by local Ward Members to grant permission and allow the development of the new School to proceed.

 

Decision:

 

(1)        That, subject to a referral to the National Planning Casework Unit, planning application EPF/0144/16 at land to the south-east of Fyfield Road and North of Ongar Leisure in Ongar be granted planning permission subject to the following conditions:

 

            1.

The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

 

            2.

The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 01001revP1, 01004revP3, 01005revP6, 01006revP5, 01008revP3, 02001revP6-Ground floor plan, 02001revP6-First floor plan, 02001revP6-Roof plan, 02001revP6-Second floor plan, 03001revP6, 03002revP6, 04001revP2, 04001revP6, 07501revP3, 100revP05, SK-001revP01, 09101-09107 inclusive and specified external brickwork materials: Ibstock Surrey Cream and Edenhall Sapphire Blue.

 

            3.

All ground works, deliveries and/or demolition shall be in accordance with the submitted Construction Management Plan (CMP). The CMP shall be adhered to throughout the construction period.

 

            4.

Prior to the first occupation of the development, the access at its centre line shall be provided with clear to ground visibility splays with dimensions of 2.4 metres by 50 metres to the north and south, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the access is first used by vehicular traffic and retained free of any obstruction in perpetuity.

 

            5.

Prior to first occupation of the development the access and highway works, as shown in principle on Robert West drawing no.100 Rev P05, shall be fully implemented and maintained as such in perpetuity.

 

            6.

Prior to the first occupation of the development details of the Cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The approved facility shall be secure, convenient, covered and provided prior to occupation and retained as such in perpetuity.

 

            7.

The submitted and revised School Travel Plan shall be adhered to and should be continued to be updated as necessary throughout the life of the school.

 

            8.

There shall be no discharge of surface water onto the Highway.

 

            9.

If the gas sub-station will be affected by the development the features with potential for roosting bats should be removed by hand under supervision of a suitably licensed ecologist. The ecologist shall provide written confirmation to the Local Planning Authority that no bats will be harmed and/or that there are appropriate measures in place to protect bat interest on site.

 

            10.

Prior to the commencement of any works to moderate or high bat roost potential trees, dusk and dawn surveys for bats should be undertaken in accordance with guidelines from Natural England (or other relevant body). These should be submitted to the Local Planning Authority for approval.

 

Should the surveys reveal the presence of bats, or their breeding sites or resting places then an appropriate and proportionate detailed mitigation and compensation strategy must be written in accordance with any guidelines available from Natural England (or other relevant body) and submitted to the Local Planning Authority for approval.

 

Should a Natural England European Protected Species licence (EPS) be required then this should also be submitted to the Local Planning Authority. All works shall then proceed in accordance with the approved strategy with any amendments agreed in writing.

 

            11.

Any trees with low bat roost potential, which are scheduled to be impacted by the development, should be soft-felled after inspection of potential roost features under supervision of a suitably licensed ecologist during the active bat season (May to September). If any bats or evidence of bats are found during soft-felling, works should cease until a Natural England (NE) European Protected Species (EPS) Mitigation License can be obtained and submitted to the Local Planning Authority. If no evidence of bats is found the ecologist will provide written confirmation to the Local Planning Authority that no bats will be harmed and/or that there are appropriate measures in place to protect bat interest on site.

 

            12.

A lighting design strategy for bats shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development.

 

It is recommended that to minimise risk of disturbance to foraging and commuting bats on site, that the development should follow lighting minimisation precautions, including the following:

·                   no works on site should be conducted after sunset and if security lighting is required then this should be kept to a minimal level (as necessary for safety and security);

·                   post development lighting should be directed away from site boundary vegetation, and in particular, away from the on-site trees with bat roost potential;

·                    installation of lighting columns at the lowest practical height level with box shield fittings will minimise glare and light spillage;

·                   lux level of lamps should be as low as possible and be high pressure sodium (rather than metal halide, or other) with covers made from glass rather than plastic as this minimises the amount of UV light, reducing the attraction effects of lights on insects; and

·                   security lights should be set on short timers, and be sensitive to large moving objects only.

 

            13.

The removal of limited amounts of hedgerows, scrub or trees or limited groundworks within the wooded area shall be undertaken under supervision of a suitably qualified ecologist, during the active season (April to September). This precautionary method will minimise the risk of harm to any reptiles using these areas for commuting or sheltering. The ecologist will provided written confirmation that no reptiles will be harmed and/or that there are appropriate measures in place to protect reptile interest on site.

 

            14.

No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation to the Local Planning Authority that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site.

 

            15.

A great crested newt (GCN) survey shall be undertaken to determine the presence or likely absence of this species in the surrounding area following guidelines from Natural England. If GCNs are found to be present in the surveys pond, a NE EPS Mitigation License will be required prior to any groundwork at the site. The report, and the licence, must be submitted to the Local Planning Authority for approval prior to works commencing.

 

            16.

A landscaping enhancement plan should be submitted and approved by the Local Planning Authority prior to commencement of works. This should include enhancement for wildlife, corridors, foraging areas, native planting, wildflower areas, hibernacula, bat boxes, bird and house martin boxes as detailed in the Phase 1 Habitat survey submitted by James Blake Associates in November 2015.

 

            17.

The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment 150455/AW/TG Rev 2, the surface water drainage strategy 150455/TG/JB Rev 2, the drainage construction details C163 the and the following mitigation measures detailed within the FRA:

 

·                  limiting the discharge from the school development to 12.1l/s and the discharge from the external car pack to 5l/s;

·                  provide attenuation storage for all storm events up to and including the 1:100 year storm event inclusive of climate change;

·                  provide treatment in line with the approved FRA; and

·                  the mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

 

            18.

No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.

 

            19.

No works shall take place until a Maintenance Plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority.

 

            20.

The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

            21.

No development shall take place, including site clearance or other preparatory work, until full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) have been submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

 

            22.

The development shall be carried out only in accordance with the James Blake Associates Tree Protection Plan, Arboricultural Method Statement and site monitoring schedule unless the Local Planning Authority gives its written consent to any variation.

 

            23.

No development shall take place until a Phase 1 Land Contamination investigation has been carried out. A protocol for the investigation shall be submitted to and approved in writing by the Local Planning Authority before commencement of the Phase 1 investigation. The completed Phase 1 report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any necessary Phase 2 investigation. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the Phase 2 site investigation condition that follows]

 

            24.

Should the Phase 1 Land Contamination preliminary risk assessment carried out under the above condition identify the presence of potentially unacceptable risks, no development shall take place until a Phase 2 site investigation has been carried out. A protocol for the investigation shall be submitted to and approved by the Local Planning Authority before commencement of the Phase 2 investigation. The completed Phase 2 investigation report, together with any necessary outline remediation options, shall be submitted to and approved by the Local Planning Authority prior to any redevelopment or remediation works being carried out. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the remediation scheme condition that follows]

 

            25.

Should Land Contamination Remediation Works be identified as necessary under the above condition, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved remediation scheme unless otherwise agreed in writing by the Local Planning Authority. The remediation scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures and any necessary long term maintenance and monitoring programme. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 or any subsequent version, in relation to the intended use of the land after remediation.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the verification report condition that follows]

 

            26.

Following completion of measures identified in the approved remediation scheme and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented. 

 

            27.

In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition.

 

             28.      No preliminary groundwork’s of any kind shall take place until the   applicant  has  secured  the  implementation  of  a programme of    archaeological   work   in   accordance   with  a  written  scheme  of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

                          

            29.       Prior to the occupation of the development, a scheme for lighting the MUGA pitch shall be submitted to and approved in writing by the Local Planning Authority and carried out as approved thereafter.

                          

            30.       All  car  parks  proposed  as  part of the development shall be                      completed and made available for the uses stated on drawing no.               01006 Rev. P5, prior to the first occupation of the school.

 

31.       No development shall commence until a detailed playing field           construction specification, including an implementation programme        prepared in accordance with the Ongar Academy Sports Pitch    Feasibility Study (Agrostis, 7 April 2016) recommendations and in    consultation with Sport England, has been submitted to and approved           in writing by the Local Planning Authority. The approved specification             and implementation programme shall be complied with in full prior to the completion of the development unless otherwise agreed with the            Local Planning Authority.

 

32.       Following first occupation of the development hereby permitted, the annual playing field maintenance programme set out in Ongar Academy Sports Pitch Feasibility Study (Agrostis, 7 April 2016) shall be complied with in full.

 

33.       Use of the development shall not commence 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 Sports Hall, Activity Studio, Changing Rooms, Multi-Use Games Area and natural turf playing fields and include details of pricing policy, hours of use, access by community users, management responsibilities, details of management arrangements with Ongar Leisure Centre and a mechanism for review, and anything else which the Local Planning Authority 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.

 

34.       Details and specification of the proposed replacement artificial Cricket wicket, including a programme of implementation, shall be submitted to and approved by the Local Planning Authority before occupation of the development hereby permitted. Once approved, these details shall be implemented in full.

 

35.       A detailed design of the proposed Sports Hall, including details of the flooring and court markings, shall be submitted to and approved by the Local Planning Authority before occupation of the development hereby permitted. Once approved, these details shall be implemented in full.

 

36.       Details of the boundary enclosures to the Academy, including associated lands and car parking areas, shall be submitted to and approved by the Local Planning Authority before any work commences on the construction or provision of these enclosures.

 

37.       Development shall not commence until a Drainage Strategy detailing any on and/or off site drainage works has been submitted to, and approved by, the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the Strategy have been completed.

Supporting documents: