Issue - meetings

Members considered events following a resolution by the Committee on 13 July 2015 to grant permission for the following planning application report:-

On 24^th July, a Pre-Action Judicial Review Letter was received from Kelsey Estate Protection Association (KEPA) which set out a proposed claim for Judicial Review of the Council’s resolution to approve planning permission.  As a result, the issuing of a decision had been held back, to take account of legal advice and allow time for further contact and mediation.

Members were therefore requested to consider KEPA’s challenges which were referred to and addressed in the report.

Oral representations in objection to the application were received from Mr Mike Mielniczek who considered the Committee had been misled by information given in relation to traffic and parking pressure.  The Lambeth Methodology guidance advised traffic surveys should be undertaken within a distance of 200 metres for residential developments and 500 metres for commercial developments. The Authority argued that as the school was not residential, the guidance allowed flexibility to treat it as a commercial development so, in this regard, the 500 metre survey limit was reasonable.  However, KEPA considered that as the planning department had established a precedent by applying the 200 metre limit to primary schools it had, therefore, taken on the status as a development plan statutory limit and must be applied.  Moreover, the original report to Committee confirmed the use of 200 metres, as read to the Committee by Mr Meilniczek.

Mr Mielniczek claimed the Committee had been consistently misled on this matter; the affect being to dilute detriment to the conservation area; this was material, evidenced, planning fact.

Turning to educational need, Mr Mielniczek stated that the original report outlined the requirement to establish the educational need position in 2017/18 because that was when the current permission for temporary school places expired.  It was agreed by all that the temporary provision more than adequately covered requirement, as evidenced by the information contained in Document K of the current report.  Outturn statistics should also be considered as opposed to projections.

Document K recorded a projected surplus of 21 places in 2017/18 within planning area 2 which was where the application site was located.  However, it did not record equivalent statistics for planning area 1 which showed a surplus of 68 school places.  In total there were 89 surplus school places so even when the 60 temporary school places expired, a surplus of 29 would still remain.

The Home to School Travel and  ...  view the full minutes text for item 33

Members considered the following planning application report:-

The commentary contained in Minute 5.1 also pertains to this report.

Members having considered the report, objections and representations RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions and informatives set out in the report of the Chief Planner with conditions 6 and 20 amended to read:-

‘6  (i)  A detailed scheme of landscaping which shall include:-

-  details of replacement trees;

-  details of bird and bat boxes;

-  details of log piles;

-  details of ecological improvements to the existing pond;

-  details and samples of any hard surfaces (NB: No loose materials shall be used for surfacing of the parking and turning area hereby permitted);

-  full details of boundary treatments;

-  proposed plant numbers, species, location and size of trees and tree pits;

-  furniture and lighting; and

-  details of the management and maintenance of the landscaping for a period of five years;

  shall be submitted to and approved in writing by the local planning authority prior to construction of any above ground works.

  (ii) The approved landscaping scheme shall be implemented in full and all planting, seeding or turfing shall be carried out in the first planting and seeding seasons following the completion of the development hereby approved, in accordance with the approved scheme under part (i).  Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.

Reason:  In order that the local planning authority may be satisfied as to the details of the proposal and to comply with Policies BE1, BE7, NE3, NE5 and NE7 of the UDP.

20  The Multi Use Games Area (MUGA) hereby approved, shall only be used between the hours of 08:25 and 18:00 on any day Monday to Sunday inclusive and for the avoidance of doubt there shall be no floodlighting erected or used at any time.

Reason: In the interests of protecting neighbouring residential properties from activities that could result in excessive noise and disturbance outside of normal school hours and in accordance with Policy BE1 of the UDP (2006).’

A further two conditions were added as follows:-

22  Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking and re-enacting this Order) no buildings, structures, alterations, walls or fences of any kind shall be erected or made within the curtilage of the school buildings hereby  ...  view the full minutes text for item 21