10.13/2394/FUL–Temporary retention of containers used for motorbike storage, workshop, kitchen, classroom and W/C to serve a community projectat FRANCIS COMBE ACADEMY, HORSESHOE LANE, WATFORD, ABBOTS LANGLEY, HERTS, WD25 7HW for MrPLegrove

(DCES)

Parish: Abbots Langley / Ward: Leavesden
Expiry Statutory Period: 5 March 2014 / Officer: Suzanne O’Brien
Recommendation: That Temporary Planning Permission be granted subject to conditions.
This application is brought before the Committee as the applicant is employed by Herts County Council but works with Watford Borough Council and Three Rivers District Council.

1.Relevant Planning History

1.110/0024/HCR3 - Hertfordshire County Council Regulation 3 Application: Redevelopment of school involving the retention of the existing eastern general teaching block, the demolition of remaining buildings and the provision of replacement school buildings associated sports facilities including a floodlit muga, replacement car parking, landscaping and replacement motorcycle workshop – TRDC Objected - 16.02.2010.

Three Rivers objected on the following grounds:

‘The proposed MUGA by reason of its siting in close proximity to the boundary with the residential development of Boundary Way would be likely to result in significant disturbance to the detriment of the neighbours’ residential amenity. Furthermore the proposed floodlights by reason of their siting, number and height would result in an obtrusive form of development which would have an urbanising impact on the landscape to the detriment of the Metropolitan Green Belt. This would be contrary to Policies GEN1, GB1 and Appendix 1 of the Three Rivers Local Plan 1996-2011.’

The application was granted by Herts County Council on 22 April 2010 (HCC ref: 8/0024-10 (CC0113). This permission has been implemented; the motorcycle workshop however is yet to be implemented.

  1. Site Description

2.1The application site is located within the curtilage of FrancisCombeAcademy. It is sited within the car park along the south eastern boundary of the Academy. FrancisCombeAcademy has a frontage to Horseshoe Lane the front section of the Academy is located within Watford Borough Council’s boundary. The application site however is located within Three Rivers District boundary.

2.2The application site contains three storage containers; one provides motorcycle storage, one forms the workshop area and one is used as an office, kitchen, open space for classroom activities and provides the W/C.

2.3The containers support the Woodside Community Motorcycle Project (WCMP). The WCMP is a volunteer run project that provides an opportunity for local young people (aged between 11-17) to learn about and participate in off road motorcycling. The supporting statement submitted with the application sets out the background and objectives of the project stating:

‘WCMP has been running continuously for over 18 years. Originally set up in 1996 to combat vehicle crime, public nuisance and anti-social behaviour in the local community, we provide an opportunity for local young people (both boys and girls) to learn about and participate in off road motorcycling.

We provide a safe controlled environment, as well as providing all of the equipment required. Teamwork is encouraged and social skills developed (communication; responsibility; self discipline; politeness and manners) alongside the riding and maintenance sessions members participate in.

The project is open to all young people aged between 11-17 and operates a waiting list. Young people from deprived or difficult backgrounds are also referred from schools, youth panels and anti social behaviour units in both Watford and Three Rivers areas.

The project provides members with an opportunity to learn what safety procedures, clothing and equipment is needed; learn basic motorcycle maintenance; learn to operate within acceptable standards of behaviour; be part of a team; learn new and existing skill – off road motorcycling – in a safe and controlled environment; develop self confidence and other social skills.’

2.4 In 1996 Francis Combe permitted WCMP to convert their disused swimming pool and changing rooms into a workshop and office and the use of their track which is sited within the playing fields. The 2010 planning permission (10/0024/HCR3) included the construction of a separate triangular shaped workshop building, to be sited to the south east of the main building, for use by WCMP. During the redevelopment of Francis Combe Academy WCMP were temporarily relocated into the storage containers which are currently subject to this application. WCMP are to fund the build of the workshop granted under planning permission 10/0024/HCR3and need to stay in their current location whilst raising the provisions to fund the build of the permanent workshop.

2.5 High Elms Lane adjoins the northern boundary of the Academy playing fields. To the west/ north-west of the Academysite is the residential development of Boundary Way, comprising 2 storey terrace dwellings. A woodland area is located beyond and to the rear of Boundary Way. GarstonManorSchool is located adjacent to the school and adjoins the south eastern boundary; it is set at a significantly lower level to the application site. St Michaels Secondary School adjoins the north eastern corner of the Academy playing fields. The playing fields include a dirt track where the off road biking associated with the project take place. The main Academy car park is located to the south east of the site, immediately adjacent to the boundary with GarstonManorSchool. There is also a car park to the north west of the site.

  1. Description of Proposed Development

3.1Temporary planning permission is sought for the retention of the three storage containers to allow the WCMP to remain at FrancisCombeAcademy whilst raising the funds to construct the permitted permanent building.

3.2Two of the containers measure 7m in width and have a combined depth of 6m. The third container and toilet block combined measure 14m in width and 3m in depth. The containers have flat roofs and are single storey in height and located on land sited between the car park and south east boundary.

4.Consultation

4.1.StatutoryConsultation

4.1.1Abbots Langley Parish Council: No objection.

4.1.2Herts Highways Department: Made the following comments:

‘Notice is given under article 16 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 that the Hertfordshire County Council as Highway Authority does not wish to restrict the grant of permission.

The development proposes the retention of the existing storage container facilities installed on the site some years ago to meet the operational needs of the site. The existing access arrangements to and from the highway and the volume of traffic generated to and from the site are not anticipated to alter. Consequently the Highway Authority does not raise any objection to the application’.

4.1.3Landscape Officer: Made the following comments:

‘I have no objection to the proposal.’

4.1.4Environmental Health: No comments received at the time of writing this report; the Committee will be verbally updated of any comments received.

4.1.5Watford Borough Council: No comments received at the time of writing this report; the Committee will be verbally updated of any comments received.

4.1.6National Grid (Gas): No comments received at the time of writing this report; the Committee will be verbally updated of any comments received.

4.2Public Consultation

4.2.1Number consulted: 52No. of responses received: 0

Consultation date expires 7 February 2014.

4.2.2Site Notice: posted 20 January 2014 and expires10 February 2014.

Press notice: not applicable.

4.2.3Summary of Responses

No comments received at the time of writing this report; the Committee will be verbally updated of any comments received.

5.Reason for Delay

5.1Not applicable.

6.Relevant Planning Policy, Guidance and Legislation

6.1The Three Rivers Local Plan

The Core Strategy was adopted on the 17 October 2011 having been through a full public participation process and Examination in Public. Relevant policies include Policies CP1, CP9, CP10, CP11 and CP12.

The Development Management Policies Local Development Document (LDD) was adopted on 26 July 2013 after the Inspector concluded that it was sound following Examination in Public which took place in March 2013. Relevant policies include DM2,DM6, DM9, DM10, DM12, DM13 and Appendix 5.

6.2National Planning Policy Framework (NPPF)

On 27 March 2012, the framework of government guidance in the form of Planning Policy Statements and Planning Policy Guidance Notes was replaced by the National Planning Policy Framework (NPPF). The application has been considered against the policies of the Core Strategy of the emerging Local Plan (adopted October 2011) and the Saved Policies of the Local Plan 1996 -2011 as well as government guidance. The adopted policies of Three Rivers District Council reflect the content of the NPPF.

6.3The Council has had regard to the Localism Act which received Royal Assent on the 15 November 2011, the Growth and Infrastructure Act which received Royal Assent in April 2013 as well as the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010.

7.Planning Analysis

7.1Principle of Development

7.1.1As identified in the supporting statement submitted with the planning application WCMP have been based at Francis Combe since 1996. The existing use of Francis Combe Academy as a base for the WCMP was also identified in the Design, Access, Planning and Sustainability Statement for Francis Combe Academy submitted with the 2010 County Council planning application (ref:10/0024/HCR3) where it states:

‘In addition, there is a well established supervised community motorcross initiative run by volunteers from the local police at the site in connection with the existing motorcycle track which provides facilities for children and young adults. This will continue on the site with the existing workshop being relocated within the Academy grounds. This will be a single storey building to be used as a maintenance workshop/storage facility.’

7.1.2As part of the redevelopment of FrancisCombeAcademy planning permission was granted for a separate workshop/storage building to serve WCMP; this building is yet to be constructed. The project temporarily moved into the existing containers during the redevelopment of the school. WCMP are seeking five year temporary permission to retain the containers to serve the community project whilst raising the funds to construct the building permitted under planning permission 10/0024/HCR3. Thus,WCMP has been based at FrancisCombeAcademy for a number of years and there is an existing planning permission for the permanent use of FrancisCombeAcademy by WCMP.

7.1.3Policy DM12 (titled: Community, Leisure and Cultural Facilities) of the DMP LDD supports the retention of facilities and services that support the local community. The application seeks the temporary retention of the containers to allow the existing community project to continue to be run from FrancisCombeAcademy which provides the facilities to allow the successful operation of the project.

7.1.4The proposed development would therefore allow the existing long established community project, which provides an opportunity for young people from a range of backgrounds to participate in off road motorcycling in a controlled and safe environment, to continue to be run from FrancisCombeAcademy. Thus, the retention and use of the containers would be in accordance with Policy DM12 of the DMP LDD.

7.2Green Belt

7.2.1The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the most important attribute of Green Belts is their openness. Green Belts can shape patterns of urban development at sub-regional and regional scale, and help to ensure that development occurs in locations allocated in development plans. They help to protect the countryside, be it in agricultural, forestry or other use.

7.2.2The NPPF states that a Local Planning Authority should regard the construction of new buildings as inappropriate development in the Green Belt, with certain specified exceptions including the provision of appropriate facilities for outdoor sport and recreation as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it. Policy CP11 stipulates that inappropriate development will not be supported. In relation to the erection of new buildings in the Green Belt Policy DM2 of the DMP LDD stipulates that approval will not be given for new buildings other than those specified in national policy. Thus, the Local Plan Policies reflect the guidance of the NPPF.

7.2.3The application site is located within the curtilage of FrancisCombeAcademy. The Academy does not fall within any of the exceptions as set out in paragraph 89 of the NPPF as such the wider use of the Academy constitutes inappropriate development within the Green Belt. However, the application site, subject to the assessment of this application, consists of thecontainers that provide facilities to serve the existing outdoor motorcycling project. The project therefore provides an opportunity for young people to participate in outdoor sport/recreation and the containers provide the facilities to support this sport/recreation. As such, the temporary retention of the containers wouldprovide appropriate facilities for outdoor recreation and sporting activitiesin the context of national policy.

7.2.4Thus, it has been identified that the proposed development would support outdoor recreation. However, it is also pertinent to identify whether the development preserves the openness of the Green Belt and/or conflicts with the purposes of including land within the Green Belt. The containers are sited along the south eastern boundary of the Academy adjacent to the boundary with GarstonManorSchool. The buildings are visible from the open playing fields that are sited to the north east of the site. However, their scale and siting do not create an unduly prominent or intrusive feature within the landscape and do not result in any significant harm or encroachment into the openness of the Green Belt.Thus, the retention of the containers would not conflict with any of the five purposes of including land within the Green Belt as set out in paragraph 80 of the NPPF and would not result in any demonstrable harm on the openness of the Green Belt. The retention of the containers would therefore provide an appropriate facility for outdoor recreation and would be an accepted form of development within the Green Belt.

7.2.5In addition, the temporary permission is sought to allow for the long established community project to continue to be based at FrancisCombeAcademy which has the facilities to support the project. This projecthas been run since 1996 and benefits young people within the community. Thus, the benefits to the community that the temporary retention of the containers would provide would outweigh any harm the buildings would have on the openness of the Green Belt. The potential to use existing space within the built form of the existing Academy is a consideration. However, taking into account that the project was relocated within the containers during the redevelopment of the school and there is planning permission for a new building solely for the use by the project it is considered reasonable to conclude that the main building could not accommodate the project. The fact that there is an existing extant permission for the construction of a permanent building to serve the project, within the curtilage of the Academy, is also a material consideration in support of granting temporary permission for the retention of the containers.

7.2.6The proposed development would therefore not conflict with the guidance as set out in the NPPF, Policy CP11 of the Core Strategy and Policy DM2 of the DMP LDD and would not result in any policy harm or material actual harm to the openness of the Green Belt.

7.3Impact on Street Scene and Character of Area

7.3.1The containers are not readily visible from public vantage points along Horseshoe Lane and do not result in any demonstrable harm on the visual amenities of the street scene. The WCMP is run from FrancisCombeAcademy which also provides other community based facilities. The area also consists of a mixture of residential units, schools and leisure facilities. The use of FrancisCombeAcademy by the project therefore does not have an adverse impact on the character of the area.

7.4Impact on neighbours

7.4.1The information set out in the application form details that the project takes place on Saturdays between 10:00 – 13:00. The containers are sited along the south east boundary of FrancisCombeAcademy, adjoining the boundary with GarstonManorSchool. The containers are sited a sufficient distance from any residential properties as to not result in any harm in relation to noise and disturbance. Furthermore, the use of the containers would not be during unsociable hours. Considering that the project has been established at FrancisCombeAcademy since 1996, the temporary retention of the containers to support the current use would not result in any further harm to the residential amenities of the surrounding neighbouring properties in comparison to the existing situation.

7.5Highways andParking

7.5.1The Highways Officer raised no objections to the retention and use of the containers. The containers are located adjacent to the staff car park. The project is run at weekends when the school is shut. The development is therefore served by adequate parking provision and does not impact on the parking serving the school.

7.6Wildlife

7.6.1Bats are a European Protected Species legally protected by the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010. If Bats are present it is illegal to deliberately kill, injure, capture or disturb them, or to damage, destroy or obstruct their roosts. Section 40 of the Natural Environment and Rural Communities Act 2006 requires Local Planning Authorities to have regard to the purpose of conserving biodiversity. This is further emphasised by regulation 3(4) of the Habitat Regulations 1994 which state that Councils must have regard to the strict protection for certain species required by the EC Habitats Directive. The Habitats Directive places a legal duty on all public bodies to have regard to the habitats directive when carrying out their functions.