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Contact Officer:         Alan Divall, Tel (01865) 815886

 

Division(s): : Wroxton

 

ITEM PN7

 

PLANNING & REGULATION COMMITTEE – 20 JULY 2009

 

DEMOLITION OF EXISTING CANOPY AND ENTRANCE/STORE BUILDING AND CREATION OF SINGLE STOREY BUILDING (WITH COVERED WALKWAY) TO PROVIDE RECEPTION, ADMINISTRATION AND OTHER ASSOCIATED ACCOMMODATION; CREATION OF EXTENSION TO EXISTING HARD PLAY AREA TO PROVIDE FLOOD COMPENSATION AREA AND IMPROVEMENTS TO EXISTING WATERCOURSE AND CULVERTS; CREATION OF DEDICATED DISABLED PARKING SPACE AND OTHER ASSOCIATED WORKS AT CROPREDY CE PRIMARY SCHOOL, STATION ROAD, CROPREDY, OXFORDSHIRE, OX17 1PU

 

Application No: R3.0089/09

 

District Council Area: Cherwell

 

Introduction

 

1.                  This application is for the erection of a new link building to provide reception, administration and other associated accommodation at Cropredy CE Primary School.  To allow the erection of the link building an existing entrance/store building and a canopy would be demolished.  The application also involves the creation of an extended flood compensation area, improvements to an existing water channel, brook, culvert and other associated works.

 

Location (see site plan) (download as .doc file)

 

2.                  The village of Cropredy is located some 4.6 miles (7.4 kilometres) to the north of Banbury and close to the Oxfordshire/Northamptonshire border.  The school is located off Station Road which is the main road through the village from the south west.

 

Site and Setting (see site plan)

 

3.                  The existing school site is located on the corner of Station Road and School Lane on the southern edge of the village.  The site at present comprises two main permanent buildings set back from the frontage of Station Road which are linked by a covered walkway.  The original school buildings on the site are Victorian although not listed.  The school has been developed in piecemeal fashion with each extension being built to a different height or roof pitch.  The buildings are constructed in predominately red brick. The original Victorian School House (now privately owned) adjoins the southern most of the two main permanent buildings on the site.  There is also an early learning centre building located on the site to the east of the main school buildings.

 

4.                  The nearest residential properties (other than School House) are located immediately to the north of the site, there is also a farm to the south beyond School Lane.  Great Bourton Brook runs along the northern boundary of the site and which is fed by a drainage channel which runs parallel to Station Road.  To the west and south west of the site beyond School Lane and Station Road are open fields.

 

5.                  The main vehicular and pedestrian access is off Station Road. There is a limited parking area at the front of the main school buildings. Some ad hoc parking also takes place along School Lane.

 

Background and Details of the Development

 

6.                  A planning application for a development similar to this application was submitted to the County Council in March 2008.  However, due to an objection from the Environment Agency the application was withdrawn whilst work to address their concerns was carried out.  Details of this are set out in paragraphs 10 and 11.

 

7.                  The aim of the proposal is to create improvements to the existing accommodation at the school and not to increase pupil numbers.  The development involves the creation of a new link building between the schools two existing main buildings, which would include reception, administration office, staff and meeting space accommodation.  The building would also have a covered walkway linking the new building with the existing buildings.  In order to construct the building an existing canopy and entrance/store building will be demolished.

 

8.                  The new link building is designed to provide staff with improved accommodation but also provide a focal point for the school entrance.  This in turn would allow for increased security at the main entrance and also improve disabled access which, at present, is limited.  In addition the application proposes a new dedicated disabled parking space and rearrangement of the existing parking provision at the front of the school site; no additional spaces are to be created in this area.

 

9.                  The new building has been designed to reflect the scale of the existing school buildings.  It would have a flat planted sedum roof at a similar level to the north block immediately adjacent to it.  The walls of the proposed building would be constructed of timber cladding on masonry with a light coloured render.

 

10.             As highlighted in paragraph 6 the Environment Agency (EA) objected to an application previously submitted in 2008 on the grounds that the development would increase flood risk.  The application was subsequently withdrawn whilst the applicant carried out a Flood Risk Assessment (FRA) and worked with the EA to satisfy their original concerns.  Once the FRA was completed the application was resubmitted for consideration.  The full FRA accompanying this application is available in the Members’ Resource Centre.

 

11.             In order to satisfy the requirements of the EA a number of measures have been proposed in this application. These include:

 

·         improvements to the culvert at the front of the school;           

·         widening of the channel and brook profile at the corner of an existing school building and along the northern boundary of the site;

·         extension of the existing hard play area to increase flood compensation areas;

·         provision of a 4 metre gap in the link building to allow flood flow (80% permeable open bar metal gates will be provided across this gap);

·         a sedum grass roof to aid reduction in direct run-off.

 

Consultations

 

12.             The consultation period on this application ran from 23 March to 15 April 2009.  An amendment to the application was consulted on between 28 April and 18 May 2009.

 

Cherwell District Council – Planning Development Control

 

·        Original consultation response – Object.  The proposed channel and flood alleviation measures are considered to be unachievable and insufficient.  The proposal would also result in the loss of overland flood routes which would result in increased flood risk to neighbouring properties.

·        Response to proposed amendment – Still have concerns relating to the practicality of constructing the channel improvements adjacent to the corner of the school building.  If the works do proceed recommend that strengthening works are undertaken on the northern bank to prevent future erosion and also on the southern bank near the corner of the school buildings.  The Great Bourton Brook is a main river watercourse and therefore under the control of the Environment Agency, their comments will take precedence over the District Council.

 

Cherwell District Council – Building Control and Engineering Services

 

·        Original consultation response – Concerned about the principal of permitting development in the undefended functional floodplain but reluctantly accept the Environment Agency’s position on this.  Comments are therefore focused on the details of the proposed risk mitigation measures to which they have strong concerns, these include:

(a)               not convinced that the channel improvement works are achievable;

(b)               the works will entail felling mature trees, the clearance of other trees and shrubs and the reduction in the size of an off stream pond;

(c)               the proposed channel does not go far enough down stream and should continue across an ‘S-bend’ downstream;

(d)               the passage of flood water between the new and existing buildings will be compromised by the reduction in the size of the gap;

(e)               flood resilience measures will need to be incorporated into the building;

(f)                 a large tree in the flood compensation area is proposed to remain, unclear how this can be achieved.

 

·        Response to proposed amendment – Still have concerns regarding the practicality of constructing the channel improvements adjacent to the corner of the school building.  If the works do proceed as proposed would recommend that strengthening works are undertaken on the northern bank to prevent its future erosion and also on the southern bank near the corner of the school building.

 

Cropredy Parish Council

 

·        Original consultation response – Object.  Appreciate that there is a need for improved accommodation at the school but the development will lead to flooding of neighbouring properties.  Flooding has occurred historically at the site and in recent years.  Also consider that the provision made for parking of staff cars and dropping off children is inadequate and will increase problems on Station Road.

·        Response to proposed amendment – Object due to impact of the development on neighbouring properties and the increase in flood risk.  The proposal will also involve the loss of trees which will result in subsidence.  Continue to have concerns relating to the lack of parking provision.

 

Environment Agency

 

·         Original consultation response – Object.  The application as shown would increase flood risk.  The proposed site plan submitted with the application is not in accordance with the recommendations of the accompanying Flood Risk Assessment (FRA).  The proposed site plan demonstrates the proposed widening of the channel of Great Bourton Brook main river but does not show widening of the channel at the ‘pinch point’ at the corner of the school buildings and therefore not in accordance with the FRA.

·         Response to proposed amendment – Withdraw objection based on the amendments to the proposed site plans.  The proposed mitigation measures submitted by the school as part of this development are sufficient to ensure that the proposals will not lead to an increase in flood risk.  The proposed development will only be acceptable subject to recommended conditions being submitted and approved by the Local Planning Authority in consultation with the Environment Agency.

 

County Forester

 

·        Original consultation response – A tree survey or proposals for tree protection measures has not been provided with the application.  The proposed building will have no direct impact on the trees.  However, other associated works and the works to improve Great Bourton Brook will cause unacceptable damage to the roots of possibly eleven trees.  No evidence has been provided to show how these trees will be protected or how work within their Tree Root Protection Zones (TRPZs) may be carried out.

·        Response to proposed amendment – No change to original comments. However, on receipt of the tree survey carried out at the site the County Forester comments that four trees (and a number of small coppice trees) would need to be removed to facilitate the proposal. The loss of one of these trees will impact on the amenity of the site and should it be removed a replacement should be sought.  The applicant has submitted a workable plan for tree protection should the works proceed.

 

Transport Development Control – No objection.  The application states that there will be one new parking space (designated as a disabled space) which is acceptable.  The development will not lead to an increase in the number of pupils or employees and the proposed works are unlikely to have any highway safety implications and the school have an up-to-date Travel Plan.

 

County Ecologist – Is happy with the ecology statement and mitigation strategy subject to conditions.  No objection provided that a condition is attached to any permission granted stating that the mitigation strategy and updated surveys are carried out.  Trees to be removed should be checked for their bat roost potential prior to removal and may need to be ‘soft felled’.

 

Sport England – No objection as the development does not affect land capable of forming a playing pitch or result in the loss of an existing pitch.

 

Oxfordshire Playing Fields Association – No objection.

 

Third Party Representations (copies of these letters are available in the Member’s Resource Centre)

 

Original consultation responses

 

13.             4 members of the public and 1 District Councillor have objected or expressed concern. The issues they raise relate to the following:

 

·        the application does not show sufficient improvements to the ‘pinch point’ between the school buildings and Great Bourton Brook;

·        the improvements to the channels will not provide sufficient capacity to deal with flood water;

·        the development will narrow the flood route between the schools two main buildings (from 7m to 4m) and that the gates proposed in this gap will increase the possibility of flood risk.  It is also not necessary to provide two sets of gates in this gap;

·        the works to the channels will not be possible and could lead to subsidence of the bank from the neighbours side and strengthening works should be included in the development;

·        the sedum roof and the proposed soakaways will be insufficient;

·        a culvert under School Lane is insufficient to deal with flood flows;

·        the development should not proceed without Environment Agency approval;

·        more trees will need to be removed than indicated in the application, works to remove these trees could lead to increased subsidence;

·        the loss of access to the schools playground (used for parking in the evening and at weekends) and spaces at the front of the site will increase parking elsewhere, particularly along Station Road;

·        the revised parking arrangements at the front of the site should not impact on the private access to School House;

·        no new provision has been made for new parents drop off areas and a new car park should be provided for the school;

·        the new extension would impact on the privacy and the loss of daylight of the residents of school house;

·        disruption to the residents of school house as a result of the proposed works.

 

Responses to proposed amendment

 

14.             Four letters from members of the public and one letter from a District Councillor have been received objecting or expressing concern to the revised site plan showing amendments to the proposed channel works.  The issues they raise relate to the following:

 

·            no information has been provided regarding the potential subsidence of the banks opposite the neighbouring property as a result of the works to the brook and removing the trees.  Conditions should be attached to ensure that no damage occurs to the bank;

·            an increase in flooding will still occur regardless of the proposed amendment;

·            continued concerns relating to the reduction in the gap between the school buildings which is a flood flow route.  Concerned that the gates between this gap will not be able to be opened during flash flooding and they should not become permanent doors in the future.  The gates should be across the entire gap rather than the fencing and gates as proposed.  Also concerned as to why there are two sets of gates;

·            continued concerns that the channel improvement works will be unachievable;

·            concerns over the culvert running under school lane;

·            consideration has not been given to the affect on all the trees on the site including these on neighbouring properties;

·            concerns over traffic congestion on school lane and a lack of parking for staff and visitors;

·            the proposed parking arrangements are detrimental for vehicle and pedestrian access to school house.

 

Relevant Planning Policies

 

15.             Regional Spatial Strategy for the South East of England 2026 (RSS)

 

CC6 – The development and use of land will actively promote the creation of sustainable and distinctive communities.  This will be achieved by respecting and enhancing the character and distinctiveness of settlements and landscapes throughout the region and using innovative design processes to create a high quality built environment which promotes a sense of place.  This will include the need for environmentally sensitive development.

 

NRM4 – The sequential approach to development in flood risk areas set out in PPS25 will be followed.  Inappropriate development should not be allocated in flood zones 2 and 3, areas at risk of surface water flooding (critical drainage areas) or areas with a history of groundwater flooding, or where it would increase flood risk elsewhere, unless there is over-riding need and absence of suitable alternatives.

 

NRM5 – Local planning authorities and other bodies shall avoid a net loss of biodiversity, and actively pursue opportunities to achieve a net gain across the region.

 

16.             Cherwell Local Plan 1996 (CLP)

 

C28 – Control will be exercised over all new development to ensure that the standards of layout, design and external appearance, including the choice of external finish/materials are sympathetic to the character of the urban or rural context of the development.

 

C31 – In existing residential areas any development which is not compatible with the residential character of the area, or would cause an unacceptable level of nuisance or visual intrusion will not normally be permitted.

 

17.             The Non-Statutory Cherwell Local Plan 2011 (NSCLP)

 

EN1 - Development which would have an unacceptable environmental impact (on the natural and built environment) will not be permitted.

 

EN14 – In areas at risk from flooding, new development or the intensification of development will not be permitted if the proposals would (i) result in the loss of flood plain storage, (ii) impede the flow of flood water or (iii) increase the risk of flooding elsewhere.

 

EN15 – New development generating increased surface water run off will not be permitted unless the proposals include appropriate source control and/or attenuation measures.

 

EN23 – Before determining an application which may affect a known or potential site of nature conservation value, applicants will be required to submit an ecological survey.

 

EN35 – Should seek to retain trees and other features which are important to the character or appearance of the local landscape as a result of their ecological or amenity value. Proposals which would result in the loss of such features will not be permitted unless they can be justified by appropriate mitigation or compensatory measures.

 

D6 – Design control will be exercised to ensure that any proposal for an extension of an existing building provides acceptable standards of amenity and privacy.

 

TR4 – Before proposals for development are permitted the Council will need to be satisfied that all appropriate transport mitigation measures required to support that development are identified.

 

Comments of the Head of Sustainable Development

 

18.             In my view the main issues to be considered with this application relate to the impact on neighbouring residents and the wider environment as a result of:

 

(i)                 increased flood risk;

(ii)               impact on trees;

(iii)             loss of amenity to School House;

(iv)              concerns over traffic and parking.

 

(i)         Increased flood risk

 

19.             Objections have been received to the application on the grounds that the proposed link building would increase the risk of flooding to neighbouring residential properties.  The objectors have set out the historical context against which flooding has occurred at the site and how they believe a reduction in the gap between the two existing sets of school buildings will increase flood flow to other parts of the site and consequently to neighbouring properties.  Part of the school site, the School House and surrounding areas were flooded during July 2007 and previous occasions.  Detailed points relating to increased flood risk have also been raised.

 

20.             As identified in paragraphs 10 and 11, this application proposes a number of flood alleviation measures to reduce the risk of flooding which could arise as a result of the new link building.  The Environment Agency (EA) objected to the original consultation on this application because the proposed drawings submitted with the application were not consistent with the Flood Risk Assessment (FRA) also submitted.  This was specifically in relation to insufficient widening of part of the brook at the corner of the school buildings on the northern boundary of the site.  As a result of this objection the applicant revised the works shown to the brook on the submitted drawings.  Submission of these revised drawings has led to the EA withdrawing their objection subject to the works being carried out strictly in accordance with the FRA and other detailed conditions.

 

21.             Despite the withdrawal of the objection from the EA a number of concerns relating to the practicality of the proposed flood alleviation works remain.  As a result the EA called a site meeting with neighbours, the school, the project architect and the Parish Council. This meeting took place on 3 June 2009.  One of the outcomes of this meeting was that the applicant produced a more detailed site survey of the proposed channel and brook improvements in order to ensure there were no inconsistencies at this stage (detailed site surveys are usually carried out at the detailed design stage of new developments).  The detailed site survey has not however altered the principal of the flood alleviation works and therefore the view of the EA has not changed.

 

22.             A number of detailed points relating to increased flood risk have also been received. Some local residents have raised concern that the two sets of proposed gates between the new and existing buildings will obstruct flood flow and gather debris during times of flood.  The EA is however satisfied with the principle of these gates being located in these positions and does not object to their design (open bar metal gates with fixed one metre sections at each end).  To ensure that the design and location of these gates is not altered in future (under permitted development rights) a condition can be attached requiring the gates to remain as currently shown for the life of the development.

 

23.             Some local residents have also said that the gates should remain open during out of school hours so that they cannot impede flood flow should a flood occur during this time.  The gates have been positioned and designed specifically to provide security for the school buildings out of school hours, therefore it is not in the interests of the school to leave them open.  Discussions have taken place between the school and local residents as to the possibility of a protocol for keyholder access to these gates by local residents.  I therefore consider that this protocol should be encouraged by the school in order to allay the concerns the residents have in relation to this.  This protocol can be encouraged by way of an informative attached to any permission given.

 

24.             Concerns have been raised by a neighbouring resident that the works to widen the brook would lead to damage to the bank between their property and the brook.  The applicant has confirmed that no works will take place to the bank to the north of the brook. All of the widening works will be carried out to the south on the school side.  This is shown with the plans submitted with the application and the details in the FRA.  The local resident has also raised concern that the works to the brook will lead to subsidence of the northern bank.  Building Control at Cherwell District Council have also commented that strengthening works should be carried out to the northern bank in order to ensure that subsidence does not occur.  The applicant has confirmed that their investigations have shown that no work to strengthen the bank is required. However, no evidence to suggest this has been submitted.  To ensure that the bank to the northern side of the brook does not require strengthening work I consider it necessary for the applicant to provide details and evidence of the investigations into the stability of the northern bank of the brook.  Should these investigations show the need for strengthening works a detailed scheme for their implementation would need to be submitted and approved in consultation with the Environment Agency.

 

25.             In conclusion on this issue I consider that the development is acceptable in flooding terms and accords with Planning Policy Statement 25 (Development and Flood Risk), RSS policy NRM4 and NSCLP policies EN14 and EN15 provided that the conditions recommended by the EA and others detailed in the recommendation are strictly adhered to.  The EA consider that the development is acceptable subject to conditions which they will need to confirm they are satisfied with before the development can proceed.  Should the school be unable to satisfy the requirements of these conditions the development could not be implemented.

 

(ii)        Impact on trees

 

26.             The proposed flood alleviation works would have an impact on a number of trees on the site.  The County Forester commented that the works would affect more trees than shown in the application and that the applicant should provide a full detailed tree survey.  As a result of the carrying out of the tree survey and further comments from the County Forester it has been identified that four trees and a group of small coppice trees will need to be removed to facilitate the flood alleviation measures.  Only these trees will be lost provided that the tree protection measures identified in the tree survey are fully implemented during the construction works.

 

27.             Of the four trees to be removed the most significant is considered to be a large maple tree approximately 15 metres in height.  This tree is located in the area of the proposed extension to the schools hard play area in order to provide an increased flood storage area.  It had been envisaged in the application that this tree could be retained if appropriate tree protection measures were put in place.  However, it has been agreed by the County Forester that it would be appropriate to remove this tree as its retention would render it unsafe.  Although this tree has amenity value within the site I consider that the need for the increased flood compensation area (as approved by the EA) outweighs the loss of this tree provided that suitable replacement tree planting is provided on the site in accordance with NSCLP Policy EN35.  This replacement tree planting can be provided through a landscaping scheme submitted through appropriate conditions and agreed in consultation with the County Forester.  Conditions should also be attached requiring a sound and robust tree protection plan to be submitted and agreed in accordance with the recommendations of the tree survey and the advice of the County Forester.  To also ensure that no further trees to those currently identified as being lost are removed a condition can be attached requiring consent should any further trees need to be removed.

 

(iii)       Loss of amenity to School House

 

28.             School House is a private residency adjoining the existing school buildings at the front of the site.  Concerns have been raised by the occupants of School House that the proposed link building would impact on the amenity of their property, specifically in relation to loss of privacy and vehicle and pedestrian access.  They have stated that the location of the school’s disabled parking space would restrict vehicular access from their garage and parking area.  Transport Development Control have however confirmed that there is sufficient space to achieve the required manoeuvring between the spaces and its location is acceptable.

 

29.             The resident of School House has also expressed concern that the location of the new link building opposite their kitchen window would impact on privacy.  The building line of the new link building (including its overhanging roof line) will be approximately 0.7 metres closer to the kitchen window elevation of the School House; this would reduce the distance between the two elevations to approximately 3.5 metres.  Currently the school elevation that faces the School House is partly glazed with no restrictions in views between the two buildings; the new elevation would include two new smaller windows.  Although I consider that the change in views between the two buildings would be minimal as a result of the development I consider that a condition should be attached requiring the two new windows that face the kitchen elevation of School House to be glazed with obscure glass.  The residents have also expressed concern that the proposed parking space located between these two elevations would restrict pedestrian access from the rear door of School House.  The applicant has confirmed that this private access will not be obstructed as a result of the parking space; to ensure that this occurs a condition can be attached requiring this access to be kept clear at all times for the resident of School House.

 

(iv)       Concerns over traffic and parking

 

30.             Concern has been raised from neighbouring residents regarding traffic and congestion on Station Road as a result of school activities.  In particular comments relate to the loss of staff and visitor parking at the front of the site.  This proposal seeks to formalise the parking at the front of the site and provide a dedicated disabled space.

 

31.             The applicant has confirmed that there will be no loss of parking provision (5 spaces) at the front of the site for both staff and visitors.  The proposal is not intended to provide for an increase in staff or pupil numbers so there will be no increase in traffic or movements to the school as a result of this development.  Transport Development Control have raised no objection to the application and have noted that the application would lead to a safer separation of pedestrian and vehicular access.  The applicant has also confirmed that discussions have taken place and will continue with the Parish Council and other parties in order to provide increased parking and improved drop off areas for the school.  Any proposal for this would be the subject of a separate planning application.

 

32.             Currently the school use the existing hard play area for out of school hours meetings and events.  Access to this is currently provided through the front of the site (off Station Road) and between the existing school buildings.  Some objectors have commented that by reducing the gap between the existing buildings and gating the gap, the use of this area for out of hours parking would be restricted; this will lead to an increase in parking on Station Road.  The applicant has confirmed that the parking on the school hard play area would still be available out of hours and will be accessed by the existing maintenance vehicle entrance off School Lane.

 

Conclusion

 

33.             Although concerns have been raised about increased flood risk as a result of this proposal I consider that the proposed development is acceptable in planning terms provided that conditions recommended are strictly adhered to.  Importantly the Environment Agency is satisfied with the proposal provided that conditions can be discharged to their satisfaction, if this cannot be achieved the development cannot be implemented.

 

RECOMMENDATION

 

34.             The Committee is RECOMMENDED to approve Application Number R3.0089/09 for the demolition of existing canopy and entrance/store building and creation of single storey building (with covered walkway) to provide reception, administration and other associated accommodation; creation of extension to existing hard play area to provide flood compensation area and improvements to existing watercourse and culverts; creation of dedicated disabled parking space and other associated works at Cropredy Primary School, subject to conditions to be determined by the Head of Sustainable Development to include the following matters:

 

1.                  Detailed compliance (amended plans) – that the development must be carried out strictly in accordance with the particulars contained in the application and the plans accompanying subject to conditions below.

2.                  Detailed duration – 3 years – that the development shall commence within 3 years of the date of the permission.

3.                  That the development shall only be carried out in accordance with the approved Flood Risk Assessment dated December 2008 (and associated addendum letters and drawings).

4.                  That the development shall not commence until a scheme to improve the channel capacity of Great Bourton Brook and the unnamed tributary watercourse as outlined in the Flood Risk Assessment dated December 2008 (and associated addendum letters and drawings) has been submitted to and approved in writing by the Head of Sustainable Development in consultation with the Environment Agency. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme.

5.                  On completion of the floodplain compensation works a topographic survey of the completed works which demonstrates that adequate floodplain compensation has been provided in accordance with the recommendations of the Flood Risk Assessment shall be submitted to and approved in writing by the Head of Sustainable Development in consultation with the Environment Agency.

6.                  Prior to the widening of the ditch, a scheme for the provision and management of compensatory habitat shall be submitted to and approved in writing by the Head of Sustainable Development in consultation with the Environment Agency.

7.                  Prior to commencement of the development further investigations shall be carried out to assess the stability of the northern bank of Great Bourton Brook. If strengthening works are considered necessary then a detailed scheme for their implementation shall be submitted to and approved in writing by the Head of Sustainable Development in consultation with the Environment Agency. The timing of the strengthening works shall be carried out in accordance with the requirements of the approved floodplain compensation works. Should strengthening works not be required no works shall be carried out to the northern bank of Great Bourton Brook.

8.                  Vegetation from the southern bank top and bank should be cleared by hand. The digger should scrape small amounts of the bank earth off at a time, taking care not to drop earth spoil into the brook. The digger should not enter the brook.

9.                  That the design and location of the proposed gates between the existing and proposed buildings should remain as shown in the approved application and for the lifetime of the proposed development. Any changes to the design and location of the gates shall be submitted to and approved in writing by the Head of Sustainable Development in consultation with the Environment Agency.

10.             That no development shall take place until the final details of flood resilient construction techniques to be incorporated within the new building have been submitted in writing to the Head of Sustainable Development.

11.             That no development shall take place until the trees on the site which are to be retained and which are adjacent to or within the development area, have been protected during building operations by means of a protective fence around the edge of the canopy of the trees in accordance with the Bartlett Consulting Tree Survey (May 2009) and the advice of the County Forester.

12.             With the exception of those identified as needing to be removed in the Bartlett Consulting Tree Survey (May 2009), no trees shall be topped, lopped or cut down and no shrubs or hedges shall be cut down without prior consent of the Head of Sustainable Development.

13.             That the site be landscaped and planted with replacement trees in accordance with a comprehensive planting and landscaping scheme to be agreed in writing by the Head of Sustainable Development and consultation with the County Forester prior to the commencement of development.

14.             That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner.

15.             An updated bat survey should be carried out 6 weeks before the scheduled demolition of the buildings.

16.             An ecologist should brief contractors on the location of potential bat roosts and mitigation measures immediately prior to any demolition.

17.             Potential bat roosts in the roof should be dismantled carefully by hand. Roof lining should be carefully peeled back. If any bats are found, all work should cease immediately and an ecologist should be contacted.

18.             The school pond should be decreased in size by rolling back the pond lining and backfilling the gap created with earth.

19.             Vegetation removal should not take place during the bird breeding season, which is March-August inclusive. If any trees and/or bushes need to be removed during this time, they will need to be checked over by an ecological consultant immediately prior to removal to ensure there are no nesting birds present. If nesting birds are present, the vegetation cannot be removed until the birds have fledged.

20.             That the hours of access (including for deliveries) for construction traffic shall be agreed in writing by the Head of Sustainable Development and in consultation with the school before the start of works on the site.

21.             The location and fencing off of any contractor compound to be submitted and agreed in writing by the Head of Sustainable Development prior to the commencement of development.

22.             That samples of the external materials proposed to be used shall be submitted to and approved in writing by the Head of Sustainable Development prior to the commencement of development.

23.             That the two windows in the elevation of the proposed link building overlooking the kitchen windows of the privately owned School House shall be frosted or glazed with obscure glass.

24.             That the pedestrian access from the rear door of the privately owned School House shall be kept clear at all times.

 

Informatives:

 

Environment Agency - Under the terms of the Water Resources Act 1991, and the Land Drainage Byelaws 1981, the prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of the Great Bourton Brook main river. Erection of flow control structures or any culverting of a watercourse requires the prior written approval of the Environment Agency under s.23 of the Land Drainage Act 1991 or s.109 of the Water Resources Act 1991.

 

Out of school hours access to security gates - The school should seek to develop a key holder access protocol with its immediate neighbours to allow the opening of the proposed security gates during times of flooding.

 

CHRIS COUSINS

Head of Sustainable Development

Environment & Economy

 

Background Papers:            File Ref: R3.0089/09 & 8.1/4646/4 held in Environment & Economy, Speedwell House, Oxford

 

July 2009

 

 

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