Agenda item

Erection of part two storey, part three storey building to form purpose built school (to replace existing school building) with associated car and cycle parking, landscaping and sports pitches; use of adjacent land to south for temporary car parking and access during construction phase. [Huntington/New Earswick Ward] [Site Visit].

Members considered a major full application, submitted by Learning, Culture & Children’s Services, for the erection of a part two storey, part three storey building to form a purpose built school (to replace the existing school building) with associated car and cycle parking, landscaping and sports pitches, and the use of adjacent land to the south for temporary car parking and access during the construction phase.

 

The case officer recommended an number of additional or amended conditions be included:

·  Four conditions relating to biodiversity;

·  An hours of demolition and construction condition;

·  A condition requiring a detailed method statement to demonstrate how the change in surface adjacent to the existing tennis courts could be carried out without detriment to the health of the adjacent trees;

·  A condition requiring heras fencing along the diverted public footpath;

·  An amendment to condition 38 restricting the height at three storey level to 11.8m.

 

It was also confirmed that the Internal Drainage Board had withdrawn their objections to the application, in view of the Environment Agency’s comments.

 

Members requested that the hours of demolition and construction required by condition be the standard 08.00-18.00 Monday to Friday, 9.00-13.00 Saturday and no work on Sundays and Bank Holidays.

 

RESOLVED:             That the application be approved, subject to the conditions listed in the report, with the following amendments and additions:¹

 

                                    Amended Condition 38

 

Notwithstanding the information contained on the approved plans, the height of the approved development shall not exceed 11.8 metres at three storey level and 8.5 metres at two storey level, as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

 

Reason: to establish existing ground level and therefore to avoid confusion in measuring the height of the approved development, and to ensure that the approved development does not have an adverse impact on the character of the surrounding area.

 

                                    Additional Condition

 

A habitat and landscape management plan for the whole site shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development or within such longer period as may be agreed in writing prior to commencement.  The plan shall include:

 

(i) Description and evaluation of the features to be managed;

(ii) Ecological trends and constraints on site that may influence management;

(iii) Aims and objectives of management;

(iv) Appropriate management options for achieving aims and objectives;

(v) Prescriptions for management actions;

(vi) Preparation of a work schedule (including a 5 yr project register, an annual work

plan and the means by which the plan will be rolled forward annually);

(vii) Personnel responsible for implementation of the plan;

(viii) Monitoring and remedial / contingencies measures triggered by monitoring.

 

The plan shall be carried out as approved, unless otherwise approved in writing by the Local Planning Authority.

 

Reason: To maintain and enhance the biodiversity value of the site

 

                                    Additional Condition

 

Prior to the commencement of the development or within such longer period as may be approved in writing prior to commencement full details of proposed measures for bat mitigation and conservation shall be submitted to and approved in writing by the Local Planning Authority and a Natural England Protected Species Licence will be required for the mitigation measures, a copy of the Natural England Protected Species Licence should be supplied to the Local Planning Authority prior to any demolition works taking place at the site.

 

The measures should include:

 

i. Further survey at the appropriate time of year to confirm the species and numbers present.

ii. A plan of how bats are to be dealt with during the demolition phase.

iii. The inspection of any buildings to be demolished or disturbed as close to the date of work as possible and no earlier than one month prior to any work to ascertain the presence or otherwise of roosting or hibernating bats in the structure.

iv. No buildings containing bats to be demolished until the bats have been safely excluded using previously agreed methods. By preference demolition should take place in winter when bats are not present.

v. Details of what provision is to be made within the new building to replace the features lost through the demolition of the original structure. Features suitable for incorporation for bats include the use of special tiles, bricks, soffit boards, bat lofts and bat boxes. 

vi. The timing of all operations

 

The   works shall be completed in accordance with the approved details prior to the occupation of the accommodation and shall be retained unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To take account of and enhance habitat for a protected species.

 

Note: Under PPS9 the replacement/mitigation proposed should provide a net gain in wildlife value.

 

                                    Additional Condition

 

No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of  measures  to be provided within the design of the  building to enhance biodiversity. The measures shall be incorporated in accordance with the approved details and shall be retained fit for purpose unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:   To enhance biodiversity in a Green Belt/countryside setting.

 

                                    Additional Condition

 

No development shall take place until a Wildlife Protection Plan for Construction has been submitted to and approved in writing by the Local Planning Authority.  The plan shall include:

a) Details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction;

b) A timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as the bird nesting season);

c) Persons responsible for:

 

(i) Compliance with legal consents relating to nature conservation;

(ii) Compliance with planning conditions relating to nature conservation;

(iii) Installation of physical protection measures during construction;

(iv) Implementation of sensitive working practices during construction;

(v) Regular inspection and maintenance of physical protection measures and monitoring of working practices during                      construction;

(vi) Provision of training and information about the importance of "Wildlife Protection Zones" to all construction personnel on site.

 

All construction activities shall be implemented in accordance with the approved details and timing of the plan unless otherwise approved in writing by the Local Planning Authority".

           

Reason:  To protect features of recognised nature conservation importance.

 

                                    Additional Condition

 

All demolition and construction works and ancillary operations, including deliveries to and despatch from the site shall be confined to the following hours:

 

Monday to Friday08.00 to 18.00

                                    Saturday                                09.00 to 13.00

                                    Not at all on Sundays and Bank Holidays.

 

Reason: In the interests of residential amenity

 

                                    Additional Condition

 

Prior to the commencement of development or within such longer period as may be agreed in writing prior to commencement a detailed method statement shall be submitted to and approved in writing by the Local Planning Authority to demonstrate how the change in surface adjacent to the existing tennis courts on the north side of the site (the siting of the new netball/ tennis courts) can be carried out without detriment to the health of adjacent trees. The development shall be carried out in complete accordance with the approved method statement, which shall include a time scale to be agreed as part of the statement.

 

Reason: In order to ensure the long term survival of the tree in the interests of visual amenity.

 

                                    Additional Condition

 

The fencing between the diverted public footpath and the construction workers footpath shall be heras fencing. No other fencing shall be constructed along this boundary without the prior written approval of the Local Planning Authority.

 

Reason: In the interests of the amenity and safety of the users of the footpath

 

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to:-

- Design and landscape considerations

- Traffic, highways and access issues

- Playing field provision

- Drainage

- Sustainability

- Crime prevention

- Temporary use of open Space.

As such the proposal complies with  Policies ED1, ED11, GP1, GP4a, GP7 and GP9 of the City of York Local Plan Deposit Draft.