Agenda item
Ark Elvin Academy, Cecil Avenue, Wembley, HA9 7DU (Ref. 15/3161)
Decision:
Planning permission granted as recommended subject to an additional condition on signage at the High Road entrance and update condition 21 to monitoring of external plant following installation.
Minutes:
PROPOSAL:
Demolition of existing buildings on site and erection of replacement building to
accommodate a three storey 9FE secondary school for 1750 pupils (1350 11-16 year old and 400 post 16) with associated car parking, servicing and circulation space, Multi Use Games Area, All Weather Pitch, games areas and other hard and soft landscaping, together with the diversion of Public Right of Way (PROW) No.87
RECOMMENDATION: Grant planning permission subject to conditions as set out in the draft Decision Notice and amended conditions 2, 10, 11 and 18 as detailed in the supplementary report.
Rachel Murrell (Area Planning Manager) outlined the proposal and referenced the supplementary report. Members heard that the use of Brent House or the existing access from the High Road was not considered appropriate for the main construction access route. Brent House was a separate site under different ownership and the High Road was deemed to be unsuitable due to health and safety reasons given its proximity to the existing school building. She continued that Jesmond Avenue had been selected as the preferred route of construction access as it had a direct access from Harrow Road, its closer proximity to the North Circular Road, loss of fewer on-street parking and the ability to enable the school to operate during construction without risk to pupils. Members heard that a car park within the site to compensate for the loss of on-street parking would be difficult to manage and as such was not considered appropriate.
The Area Planning Manager reported that legal advice had confirmed that assessment of claims to the use of the school grounds as a public right of way could not be carried out by the Planning Committee and must instead be dealt with by a separate process by the Transportation Department. The advice also confirmed that there was no impediment to the Planning Committee considering and determining the application. She drew members’ attention to condition 22(a)(iii) regarding boundary fencing during construction, updated plans to reflect the changes to the site layout and amended conditions 2, 10, 11 and 18 as detailed in the supplementary report.
Chetan Patel (resident objector) stated that the application which would remove the current open space would be contrary to Brent’s open space policy and the relevant Unitary Development Plan (UDP) policies. He continued that there had been no consultation with residents on the proposed yellow lines, the proposed construction route and that car parking spaces had not been properly assessed. He added that the design statement for the application was inadequate. He challenged officers’ reasons for selecting Jesmond Avenue as the preferred construction access route adding that had officers opted for Cecil Avenue, only 3 houses would have been affected as opposed to 170 houses in Jesmond Avenue. He also stated that the application would remove public access to open space that residents had been using for at least 20 years
Ronak Patel (resident, objector), speaking in a similar vein referred to lack of consultation regarding the yellow lines, anti-social behaviour and light pollution from the MUGA pitches. He added that with heavy vehicles passing through Jesmond Avenue during the construction period, the impact in terms of noise nuisance, spillage and damage road infrastructure would be severe. He queried who would be responsible for monitoring the construction traffic. He also raised concerns about light pollution and queried whether the entrance points to the field from Jesmond Avenue would remain open once the construction was complete.
Raphael Moss, (Headteacher, Elsley Primary School) speaking in support stated that the application would offer good quality sporting facilities for his pupils and help develop the community. He added the upgrading of the fence would allay his concerns over children safety and anti-social behaviour.
Amanda Whelan (Executive Headteacher, St Joseph Junior and Infants’ School) speaking in support of the application stated that the health and safety safeguarding concerns had been addressed in the report and subject to the erection of robust quality fencing, the school was fully supportive of the proposed academy.
In accordance with the provisions of the Planning Code of Practice, Councillor W Mitchell-Murray (ward member) stated that she had been approached by residents. Councillor Mitchell-Murray spoke in support of the application adding that the new school was needed but raised concern about the lack of respect shown to residents. She also expressed safeguarding concerns for the children and stated she continue to engage with residents regarding the parking issue and with the academy on measures to limit light pollution to the residents of Jesmond Avenue..
In accordance with the provisions of the Planning Code of Practice, Councillor Stopp (ward member) declared that he had been approached by residents. Councillor Stopp stated that a precedent was set when the Committee refused the application for the Welsh School in King Edwards VII Park due to its detrimental impact on residents’ access to green spaces, a reason which could be applied to the current application. He also expressed concerns about the lack of consultation with residents and the loss of public access to the open space. Councillor Stopp urged deferral of the application to enable proper consultation with residents to take place.
Vaughan Burnard on behalf of the applicant stated that a grant of £26m, which had been secured from Central Government for the proposed academy, could be withdrawn if the application was refused. He added that the proposal would provide a good standard of environment and education for the community including children from local primary schools. He continued that the assertions made by some of the residents were unfounded.
Patricia Bramwell (legal representative) stated that as part of the consultation process a number of letters had been received by the Council regarding the claimed use of the school grounds as a public right of way and that the Council was unaware of the precise nature of the claim as the representations received were not clear, but in any event, any such claim would be dealt with by way of a separate process by the Transportation Department. She advised that members could determine the application if they considered that they had all the relevant planning information they required.
In the ensuing discussion, members raised questions about alleged inadequate consultation, control of dust and dirt during construction, light pollution from the pitches and the enforcement of the yellow line restrictions. Officers were also requested to comment on the access arrangements via Jesmond Avenue and the possibility of maintaining the front of the site permanently for use as green space and no other use.
John Fletcher (Development Control Transportation Officer) reiterated that for reasons outlined in the report including health and safety, Jesmond Avenue was considered to be appropriate for access to the site during construction. He added that there would be further consultation with residents on the yellow lines and that control of construction traffic would be set out in the Construction Management Plan. Rachel Murrell advised members that conditions had been imposed to ensure that there would no significant light spillage or pollution from the pitches and that Sport England were satisfied with the conditions imposed for the floodlit all weather pitches within the application. Stephen Weeks (Head of Planning) advised members that it was inappropriate to condition the front of the site for use as green space only as a local policy had been adopted that identified the site for a mixed use development to meet wider regeneration objectives.
In her closing remarks, the Chair noted that conditions had been recommended that would allay many of the concerns expressed by residents and mitigate potential adverse impact including safeguarding and light pollution. She also noted that the claims to the use of the grounds as a public right of way was not, on legal advice, an issue for the Committee to consider. She suggested that in future schemes the Education Funding Agency (EFA) should consider providing sufficient funding to achieve BREEAM excellent standard for the scheme at the outset. She referenced the report and suggested an additional condition should be included (as per para 65 of the report) for signage and landscaping at the High Road entrance. Condition 21 should also be updated to ensure the maintenance of external plant equipment to ensure it meets required noise levels . These were put to the Committee and declared carried. A request was made for a condition to require the applicant to restore the road surface on Jesmond Avenue at the end of the construction. Stephen Weeks (Head of Planning) stated that such a condition would not be necessary as the Transportation team had confirmed that the condition of the road surface would be recorded prior to the start of construction work and it would be again assessed at the end of the works. The applicant would be responsible for any remedial works.
DECISION: Planning permission granted as recommended subject to an additional condition for signage at the High Road entrance and updated condition 21 for the monitoring of external plant following installation.
Supporting documents:
- 03- Ark Elvin Academy Cecil Ave, item 3. PDF 1 MB
- 3 Supplementary Ark Elvin Academy ref 15-3161, item 3. PDF 132 KB