REPORT OF:
/ HEAD OF BUILDING & DEVELOPMENT SERVICESAUTHOR: /
Mark Harbottle
TELEPHONE: /01737 276701
E-MAIL: / TO: /PLANNING COMMITTEE
DATE: /6 October 2004
AGENDA ITEM: /6
APPLICATION NO: / 04/00859/F / WARD: / RC / RECEIVED: / 20/04/04APPLICANT: / Reigate Priory School / AGENT: / Norman Roberts
LOCATION: / REIGATE PRIORY MIDDLE SCHOOL, BELL STREET, REIGATE
DESCRIPTION: / Variation of condition 4 of planning permission P/01/02030/F for the closure of perimeter security gates to the public
DRAWING NUMBERS: / n/a
SUMMARY
This application was considered at the 21 July 2004 meeting of the Planning Committee, where a vote to grant permission was lost. The application was therefore deferred in order that a reason for refusal based could be prepared.
At that meeting, the applicant had taken the opportunity of public speaking rights to question the validity of the condition and this matter needed further consideration before a final decision could be made.
In the interim, efforts have been made to identify a compromise that would address the objection raised by the Reigate Priory Museum Society.
The original report to the 21 July 2004 meeting is attached, incorporating items previously in the addendum to that meeting.
The condition that the application seeks to remove relates to a fence and gates erected around a playground area in 2002 and reads as follows:
“The gates are to remain open to the public during daylight hours, except during school hours but including school holidays and weekends, and only closed after dusk.
Reason:
To ensure that members of the public have access to the hard surfaced playground area outside school opening hours.”
Planning and legal officers have considered the condition against the six tests for planning conditions set out in Department of the Environment Circular 11/95. These are that the condition should be:
· Necessary;
· Relevant to planning;
· Relevant to the development;
· Enforceable;
· Precise; and
· Reasonable in all other respects
The review has affirmed the advice given in the attached report that the condition meets the six tests and is therefore legitimate.
Discussion with the applicant has sought to identify a private arrangement that would allow the Reigate Priory Museum Society to open and close the gates on Saturday afternoons in term time, the time when the Museum attracts most visitors. The Museum also opens on Wednesday afternoons in term time but opening the gates then would compromise the security of pupils and therefore this was not suggested.
Funding had been identified and secured for a new public path linking Park Lane and the main area of the Park in advance of the recent announcement of a £4.5m Lottery Grant for improvements to Priory Park. This path will provide access from the town centre to the more popular attractions within the Park, including the Museum, and therefore will serve as a suitable alternative to use of the playground area. Therefore the private arrangement was suggested as a temporary measure, pending completion of the new path by the end of March 2005. This arrangement could be secured by a Section 106 Agreement, attached to a grant of permission.
The School’s Board of Governors considered this suggestion at a meeting on 20 September 2004 but has decided against it. Therefore the application needs to be determined as submitted.
The officer recommendation remains that planning permission is GRANTED subject to the informative set out in the attached report.
However, in view of the Committee’s previous vote on this application, if members are minded to REFUSE permission, the following reason for refusal is based upon the reason for the planning condition:
The closure of the gates at all times would deny members of the public access to the hard surfaced playground area outside school opening hours. This would result in a permanent loss of public recreational opportunities within Priory Park and therefore would be contrary to policy Re1 of the adopted Reigate and Banstead Borough Local Plan 1994.
ITEM NO: [10] (REPORT TO MEETING OF 21 JULY 2004)
Application No: / 04/00859/F / Ward: / RC / Received: / 20/04/04Case Officer: / Trent McLauchlan
Applicant: / Reigate Priory School / Agent: / Mr Norman Roberts
Address: / REIGATE PRIORY MIDDLE SCHOOL, BELL STREET, REIGATE
Description: / Variation of Condition 4 of planning permission P/01/02030/F for the closure of perimeter security gates to the public
SUMMARY
The applicant seeks to vary condition 4 of the planning application 01/02030/F on the basis that the condition compromises safety and prevention of vandalism at the school. This application is for permanent closure of the 2 pairs of access gates to the playground outside school hours. The gates are located at the north and south of the playground area and have been locked in breach of the condition since late May 2003.
Based on the information provided by the applicant it is clear that criminal incidents affecting the western elevation and courtyard have reduced following the permanent closure of the gates. It is also apparent that more recently the installation of CCTV has a positive impact in deterring crime in the surrounding area. The precise benefit of the locked gates as opposed to the benefit gained by CCTV, and vice versa, is unclear.
As a result of the closure of the gates, an alternative route between town and park has been formed to the west of the perimeter fencing. This route has been identified as part of the Priory Park Cycleway and includes a hard-surfaced pathway, signs and interpretation boards. The implementation of the cycleway is scheduled for the current financial year.
RECOMMENDATION
Subject to referral of the application to the Secretary of State, and subject to receiving no direction within a period of 28 days or such longer period as may be agreed, the Head of Building and Development Services be authorised to GRANT planning permission in consultation with the Chairman and ward member.
Consultations:
Highway Authority: no objection.
Surrey Police (Crime Reduction Officer): supports the principle of further security measures. Further comments awaited.
Surrey Archaeological Society: object to the application. The scheme for CCTV should be completed and a better long-term solution should be sought for a sympathetic use of the building that is beneficial to the community.
The Reigate Society: object to the application. Neither the closure of the gates nor the CCTV coverage prevents entry to the fenced area during out of hours so the lack of vandalism cannot be due to the locking of the gates.
The Society recommends that if the Authority is minded to grant the application, that an all-weather path around the western perimeter of the playground area and adequate signage to guide visitors to the entrance to the museum.
Surrey County Council (Archaeological Officer): no archaeological concerns.
English Heritage: do not wish to make any representations.
Reigate Priory Museum Society: object to the application. Experience since the gates were closed has shown that the number of visitors to the Museum has fallen considerably as they are no longer able to walk past the west end of the Priory. The Society has offered suggestions such as securing the school, while still allowing access though the school playground, notice boards at the entrances of the playground and to continue the CCTV coverage of the area.
Surrey County Council (Education): supports the application on the basis of the financial and disturbance implications of the existing condition pertaining to the gates.
Representations:
Neighbours were notified by letter dated 21 April 2004 and additional consultations sent out on the 22 April and the 11 May. A site notice was erected on 4 May.
41 letters have been received supporting the application with the following comments:
Issue / ResponseLeaving the gates open leads to vandalism and littering / See paragraphs 6.2 - 6.8
School funds lost to fix vandalism / Not a material planning consideration
Safety concerns of pupils / The gates should be locked during school hours. With regards to unsafe material left in the playground, see paragraphs 6.2 - 6.8
An alternative route is available around the playground / See paragraphs 6.12 - 6.14
Whilst the school empathises with the Reigate Priory Museum Society, the reduction in the numbers visiting the museum cannot be blamed on the closure of the playground gates / See paragraphs 6.9 - 6.14
The closure of the gates would still leave the large area of parkland open for use / See paragraph 6.15
The legality of the condition is questionable / See paragraph 3.4
The Committee has a duty to consider the provisions of the Crime and Disorder Act to reduce the potential for criminal activity and secure the safety of the school / See paragraph 6.3
21 letters have been received objecting to the application with the following comments:
Issue / ResponseThe link forms an Ancient Right of Way / See paragraph 6.11
Loss of a convenient access route / See paragraphs 6.12- 6.14
People still access the playground when the gates are locked / Not a planning matter for this application
Access to part of the Priory will be lost / See paragraphs 6.12 - 6.14
The alternative route around the playground is unsafe and unsuitable for the disabled / See paragraphs 6.13 - 6.14
Parts of the school remain unfenced and could still be vandalised i.e. closure of the gates may not stop vandalism to the school / Not a planning matter for this application
Long term the school should be looking to relocate to a suitable site / Not a material planning consideration
The closure of the gates is a deterrent for users of the park and the Museum / See paragraphs 6.12 - 6.14
No rights of way need to be established for public open space / See paragraph 6.11
1.0 Site and Surroundings
1.1 The application site is located on land to the west of Reigate Priory School, which is a Grade I Listed Building and a Scheduled Ancient Monument. The school is located within Reigate Priory Park, which is included on the Council’s register of Parks and Gardens of Special Historic Interest. The application site is within the Metropolitan Green Belt. The Reigate Town Centre Conservation Area adjoins the application site to the east.
1.2 The application site forms part of the larger Reigate Priory Park, which includes both grassed and hard standing areas.
2.0 Relevant Planning History
2.1 / 01/02030/F / Erection of 1.6 metre perimeter security fence with two pairs of access gates / Granted 02.07.023.0 Background
3.1 The application for the erection of 1.6 metre perimeter security gates (permitted under ref. 01/02030/F) included the following condition:
The gates are to remain open to the public during daylight hours, except during school hours but including school holidays and weekends, and only closed after dusk.
Reason: To ensure that members of the public have access to the hard surfaced playground area outside school opening hours.
3.2 The reason for the permission as above and in the report presented to the Planning Committee indicate that the condition was designed to allow access to rather than access through the playground.
3.3 At the time, the school requested that this condition be reviewed after six months, whereby they may apply for a variation of the condition.
3.4 Legal advice was taken when the condition was recommended in 2002 as well as for the current application. On both occasions, it was agreed that the condition satisfies the six tests of Circular 11/95 and is therefore, in the Council’s legal opinion, a lawful condition and reasonable in planning terms. Whether removal of the condition is now reasonable is a separate judgement.
4.0 Current Proposal
4.1 The applicant seeks to vary condition 4 of the planning application 01/02030/F on the basis that condition compromises the safety and vandalism at the school. This application is for permanent closure of the 2 pairs of access gates to the playground. The gates are located at the north and south of the playground area.
5.0 Policy Context
5.1 Local Plan Designation
Metropolitan Green Belt
Adjacent to Grade I Listed Building and Scheduled Ancient Monument
Adjacent to Conservation Area
Grade II Listed Park
5.2 Surrey Structure Plan 1994
Protecting the Environment / PE1, PE25.3 Reigate and Banstead Borough Local Plan 1994
Countryside / Co1Protection of Character / Pc8, Pc11
Recreation / Re1
Community Facilities / Cf2
5.4 Surrey Structure Plan First Alteration Deposit Draft 2002
Sustaining the Environment / SE4The Location of Development / LO4
5.5 Local Plan First Alteration- (Revised Deposit Draft) 2000
Countryside / Co15.6 Other Material Considerations
Planning Policy Guidance Notes / PPG 1, PPG2Other / Human Rights Act 1998
Crime and Disorder Act 1998
6.0 Principal Issues
6.1 The main issues to consider are:
· The school’s security requirements
· The impact on the pedestrian flows in Reigate Priory
· Public use of the site for informal recreation
The School’s security requirements
6.2 In support of the application, the school has submitted the following:
· Photographic evidence of vandalism events
· Invoice receipts for repairs
· Schedule of Events
· Police correspondence and reports
· Petition of 375 signatures expressing concern over the vandalism in May 2003
6.3 Section 17 of the Crime and Disorder Act 1998 states that it is the duty of the Local Authority to give due regard to the reasonable prevention of crime and disorder in its area. Therefore, the crime events at the school are a material consideration for the assessment of the planning application.
6.4 The security problems were highlighted with the school’s previous planning application for the perimeter security fencing. The security fence and gates were erected in August 2002 and following vandalism and litter and other concerns, the gates were permanently closed at the end of May 2003. The erection of the fence has had a positive impact on the establishment of the perimeter hedge, which has reduced the visual impact of the fence, and strengthens the boundary.