PN200709-09

Contact Officer: Naomi Saunders Tel: Oxford 815708

Division(s): Witney West

ITEM PN9

PLANNING & REGULATION COMMITTEE – 20 JULY 2009

Demolition of a classroom block and pavilion building. Erection of a single storey music block to provide 3 music studios/class spaces with storeroom and other staff and pupil accommodation. Reorganisation and improvements to existing tennis courts, repairs and replacment of existing ball stop fencing. Creation of an emergency vehicle access (temporary contractors access via station way), henry box school, church green,

witney, ox28 4ax

Application No: R3.0094/09

District Council Area: West Oxfordshire

Introduction

1. This application is for the demolition of a classroom block and pavilion building and for the erection of a single storey music block to provide 3 music studios/class spaces and other associated staff and pupil accommodation at Henry Box School. The proposal also involves the re-organisation and improvements to existing tennis courts, repairs and replacement of existing ball stop fencing and creation of a new emergency vehicle access.

Location, Site and Setting (see site plan) (download as .doc file)

2. The Henry Box School is located in the centre of Witney. The school is situated off Church Green immediately south of the town centre shops. The site is within the Witney Conservation Area.

3. The site is bounded by housing to the north and west, St Mary’s Church to the east and a recreational ground to the south.

4. The site comprises a mix of modern, Edwardian and older buildings, some of which are listed, a car park, cricket pitch, netball courts and disused tennis courts.

5. The closest residential properties to the school are located in the Leys (11 metres away to the west) and in Old Rectory Mews (4 metres to the north). The School site is surrounded by planting and a significant number of trees.

Background Details of the Development

6. Music is a popular subject at the Henry Box School and the music department is lively and has a large number of students passing through it every week for lessons, extra curricular activities, individual instrument lessons and private music making. The school is also a Yamaha Music School and has weekly visits from people in the community who come for keyboard lessons.

7. The school has identified that their current music facilities are sub-standard, impractical and lacking in space. As a result concerts take place in the main school hall or the Mary Box room. This requires the school to move all of the music equipment across the school and then back again.

8. The new music block is proposed to be built close to the schools western site boundary, 40 metres away from the closest residential properties. Building in this location would require the removal of a school pavilion building. There are a number of trees along the western boundary. They should not be affected by this development.

9. The new music block would include 3 music studios/class spaces with storerooms, recording studio, 7 practice rooms, ensemble room, staff office, plant room and cleaners storeroom. The aim is to provide a contemporary and interesting building complementary to the listed Mary Box building and other historical structures.

10. The new building would be built in a mix of render with brick trims and banding. Window treatment would be of a contemporary design with zinc panels. The building has been designed to achieve a Building Research Establishment Environmental Assessment Measure (BREEAM) rating of “Very Good”.

11. As part of this development the opportunity would be taken to demolish the old Horsa classroom block, which is sited adjacent to the existing netball courts as the block is in a poor state of repair. The demolition of this building will restore views of the Grade II* Mary Box building across the school playing field and from the public car park to the south of the site. The 1970’s style Pavilion building is also to be removed as it is in a poor state of repair.

12. Classes currently taught in the Horsa and Pavillion buildings are to be transferred to the vacated music rooms. The Horsa building will continue to be used for teaching purposes during the construction works to maximise teaching space.

13. The opportunity would be taken to establish a clear access route for emergency and maintenance vehicles via the existing main school entrance and the existing south west gated maintenance entrance and to repair and replace the existing ball stop fencing around the existing tennis and netball courts. The replacement fencing is proposed to be of the same height and material as existing.

14. Following a public exhibition in April this year, to which local residents, staff, parents and school governors were invited, the following amendments have been made to the planning application:-

(a) deletion of the proposed emergency vehicle access via the south west gate (this will be for maintenance purposes only);

(b) deletion of the proposed netball court adjacent to the western site boundary, and retention of only one existing netball court;

(c) extension and re-use of the existing disused tennis courts (adjacent to the southern site boundary) to provide two new netball courts.

Consultations

15. The 21 day consultation period ran to 27 April 2009. Following amendments to the planning application (see above) a second consultation period was undertaken which expired on 26 June 2009.

West Oxfordshire District Council

First consultation – welcome the intention to provide a purpose built new music building (and consequential removal of existing, unsatisfactory Horsa Classroom) and the objective to achieve a contemporary and interesting building. Express concern over certain aspects of the design and consider there is a lack of specific information relating to the materials and construction details, and sound insulation between the various music studios. Comment that consideration should be given to the impact that the sports facilities may have on neighbouring residents, and the neighbours concerns relating to the construction access. They also considered the application should be withdrawn whilst these issues are resolved as the proposal in their view does not meet the statutory obligations to preserve or enhance the Conservation Area.

Second consultation – no response received.

West Oxfordshire District Council Environmental Health Officer – no objection but suggests that:

· use of the music block should not be permitted during the hours of 2300 to 0700; and

· prior to the commencement of the development details should be submitted to the local planning authority of the structure of the music block to demonstrate that the sound reduction index (Rw) is sufficient to ensure that noise from activities inside the music block do not exceed the ‘Good’ standards specified in “BS8233:1999 sound insulation and noise reduction for buildings”.

Witney Town Council – no objection. Suggest that the following conditions be imposed:

(i) insurance is given so that any damage caused to the Town Council property will be rectified at the expense of the applicant;

(ii) any turning circle doesn’t encroach on Town Council land;

(iii) traffic calming measures are considered and implemented;

(iv) contractors hours be limited to between 8.30am and 4.30pm.

Environment Agency – the application has a low environmental risk.

English Heritage – the application should be determined in accordance with national and local policy guidance and on the basis of the specialist conservation advice.

Sport England – no objection.

Oxfordshire Playing Field Association – no objection.

County Forester – no objection. It is possible to carry out the proposed works without the loss of trees provided certain changes are made to the access proposals and steps are taken to protect the trees.

County Archaeologist – the proposal does not appear to directly affect any known archaeological sites. Request an informative advising of appropriate action to be taken in the event of archaeological finds.

County Ecologist – the bat survey found that the Pavilion was of low bat roost potential. No further bat surveys are required for this building. However, if any bats are found at any point, all work should cease immediately. Signs of bats were found in the Horsa building. A full bat survey and internal asbestos inspection of the building is required. If any trees/vegetation are to be removed, it should not be done during the bird breeding season.

Transport Development Control – no objection to the use of Station Way and the south west gate by construction traffic but must be satisfied that such usage will not be to the detriment of highway safety. Recommend that a condition be attached to any consent requiring submission of a construction travel plan and routeing agreement prior to the start of any works on site.

Rights of Way Officer – use of the existing south west entrance by the contractors may affect public footpaths in the area. Access to these footpaths should not be restricted at any time.

Third Party Representation

16. Eleven responses have been received from local residents to this application. Following the second consultation undertaken, one of the residents withdrew their original objection to the proposal. Whilst many of the residents support the need for improved accommodation at the school, they have all expressed similar concerns/objections over:-

(a) loss of trees and wildlife;

(b) loss of view by the creation of the emergency access and tennis and netball courts;

(d) visual impact – loss of view by the creation of the south west emergency access, courts, design of the music block, litter and being overlooked by pupils congregating on the new courts, and location of the music block;

(e) noise associated with the use of the music block, courts and the construction of the development;

(f) damage to adjacent properties and vehicles as a result of the new netball court and extended tennis courts;

(g) highway safety associated with the use of Station Way by contractors.

Relevant Planning Policies

17. The South East Plan Regional Spatial Strategy 2026 (RSS).

CC6 – Development should i) respect, and where appropriate enhance the character and distinctiveness of settlements and landscapes; and ii) use innovative design process to create a high quality built environment which promotes a sense of place.

T1 – Development proposals are to be consistent with and supported by appropriate mobility management measures that reduce the overall number of road causalities.

C3 – All development should respect and enhance local landscape character, securing appropriate mitigation where damage to local landscape character cannot be avoided.

NRM5 – Development proposals should avoid a net loss of biodiversity.

BE6 – Development proposals should protect, conserve and, where appropriate, enhance the historic environment and enhance the historic environment and contribute to local and regional distinctiveness and sense of place.

C6 – Development should maintain, enhance and promote the public rights of way system.

18. West Oxfordshire Local Plan 2011 (WOLP)

BE2 – New development should respect and, where possible improve the character and quality of its surroundings, and provide a safe, pleasant, convenient and interesting environment.

BE5 – The special architectural, historic and environmental character or appearance of the Conservation Areas will be preserved or enhanced.

BE6 – Application for the demolition of unlisted buildings in a Conservation Area will only be permitted if the structure to be demolished makes no positive contribution to, or has an adverse impact upon, the character or appearance of the area.

BE8 – Development should not detract from the setting of a listed building.

BE19 – Planning permission will not be granted for development, if because of the noise it will create, the occupants of housing and other noise sensitive development would be exposed to significant noise disturbance, unless there is an overriding need for the proposal which cannot be met elsewhere.

NE6 – Planning permission would not be granted for proposals that would result in the loss of trees, hedgerows which are important for their visual or biodiversity value.

NE8 – New development or intensification of existing development will not be permitted within areas at risk of flooding which is likely to increase the flood risk elsewhere.

NE13 – In determining planning applications, the council will seek to safeguard priority habitats and species within the district.

NE15 – Development that would have an adverse impact on a site supporting a specially protected species will not be permitted unless damage through compliance with condition or planning obligations.

T1 – Measures will be sought to protect facilities for cyclists and pedestrians.

T6 – Traffic management schemes will be sought which reduce traffic conflicts and the potential for accidents.

TLC8 – The existing public rights of way network will be safeguarded.

TLC12 – Development proposals should not result in the loss of useful services and facilities unless it can be demonstrated that the existing use is not viable or adequate and accessible alternative provision remains or will be provided.

Comments of the Head of Sustainable Development

19. The main issues to be considered with this application relate to:

(i) visual impact (including impact on listed buildings in the school and the Witney Conservation Area);

(ii) noise impact (from the proposed music block and construction work);

(iii) loss of trees/biodiversity;

(iv) use of contractor’s access;

(v) other issues.

(i) Visual Impact

20. West Oxfordshire District Council has commented that although they welcome the proposal in principle, they have concerns over the massing and style of the music block. They further express concern over the lack of detail on how elements of the building would be constructed eg the verge, eaves and edge of the roof, and the specification of the materials. The proposed new block would be single storey only and in my view the massing of a building of this size would not dominate over the nearby listed buildings on the site nor impinge on the character of the Conservation Area. In addition I consider that the materials proposed are acceptable in this location and conditions requiring samples of all materials along with detailed design solutions for key elements (such as windows, external doors, roof materials, eaves, and verge details) would address the concerns of the District Council. Indeed the District Council have asked for such a condition to be added to any permission granted.

21. Comments have also been received from the District Council and some local residents, questioning why this particular location for the music block was selected. The applicant has advised that during the feasibility stage of the project a number of alternatives locations within the site were considered. However, all bar the current location were rejected for a variety of reasons. These included the loss of trees along the southern site boundary, the adverse impact on adjacent neighbouring properties, difficulties with site level changes, the loss of staff and visitor parking, the blocking of both views of the Edwardian building and the Mary Box building and disruption to the day to day running of the school.

22. The site proposed for the block would enable the restoration of the views of the Mary Box building from the school field and the public car park (by the removal of the Horsa building). Also the day to day running of the school would not be compromised during the construction period as the contractor’s compound could be isolated from the rest of the school site.

23. A comment has been made that the appearance of the music block could be out of character with the old buildings around it. It is my view however that subject to the use of high quality materials and proper detailing, the new block should enhance and complement the historic structures on the site and particularly the Mary Box building.

24. There are a number of listed buildings both on and adjacent to the school site. Development Plan policy requires that development should not detract from the setting of a listed building. The siting of the music block in this position, along with the demolition of the Horsa and Pavilion building will open up the views of the Grade II* listed building across the cricket pitch from the south. In my opinion, therefore, the development will enhance the setting of the listed building and therefore accords with Development Plan policy.

25. The school is located in the Witney Conservation Area. The District Council has concern about the proposal not preserving or enhancing the Conservation Area. For the reasons mentioned above, I consider that the character of the Conservation Area would be enhanced by this proposal. No further comments have been received from the District Council following the second consultation period.

(ii) Noise impact

26. Concerns have been raised by the District Council and local residents that there does not appear to be adequate sound insulation for the new building. There would be only one window facing west (towards the nearest residents). This window would be insulated and would not open. All other doors and windows within the scheme would have an acoustic rating ranging from between 50 – 60 db. This is a very high specification. Walls and ceilings would be lined with acoustic insulation which should prevent sound escaping from the building. The main studio spaces would contain acoustic baffles which prevent the reverberation of sound around the space. The roof has also been acoustically insulated.

27. The District Council Environmental Health Officer has raised no objection to the proposal but suggests that details of a soundproofing scheme should be submitted to demonstrate that the sound reduction index (Rw) is sufficient to ensure that noise from activities inside the music block do not exceed the ‘Good’ standards specified in “BS8233:1999 Sound insulation and noise reduction for buildings”. The requirement for the submission of such a scheme can be implemented by planning condition.

28. Concern has been expressed by residents about potential for excessive noise associated with the use of the music block after school hours and at weekends. The Environmental Health Officer again has raised no objection but has suggested that use of the music block should not be allowed during the hours of 11.00 pm to 7.00 am. The applicants agent has advised that the existing music facilities are currently used until 3.30 pm by the school and then by the community until 7.00 pm.

29. In the interest of the residential amenities of the neighbouring properties, a condition could be applied requiring the use of the new music block to cease at 7.00 pm unless otherwise agreed by the Head of Sustainable Development.

30. As a separate noise issue, local residents have expressed concern that during the construction period, the contractor’s vehicles and other works equipment may lead to an increase in noise levels. Witney Town Council have recommended that because the site is adjacent to a residential area, building activities should be limited to between 8.30 am and 4.30 pm. A normal working day for a building contractor would be in the region of 8.00 am – 6.00 pm. However, to ensure that contractor working hours do not adversely impact on the amenity of neighbouring residents, a condition could be applied requiring the working hours for the contractor to be approved before any construction work commences on site. A further condition could be applied requiring the hours of use of the contractor access to be submitted and approved before work commences.

31. Local residents have expressed concern about the increase in noise levels associated with the use of the re-organised courts (from tennis to netball) on the site. However, it is my view that the re-organisation of the existing courts should not have a significant noise impact.

(iii) Loss of trees /biodiversity

32. A number of objectors have commented on the destruction and disturbance to trees and wildlife along the western boundary. The development does not propose the removal of any trees along this boundary and the County Forester has commented that it should be possible to complete the development without the loss of trees provided steps are taken to protect them. To ensure that trees are not lost as a result of the proposal a condition could be applied to require trees on site to be protected before works commence on site.

33. In order to protect the trees on the southern boundary near the southern access (to be used by the contractor) the County Forester has suggested that this route should follow the existing grass track, diverting around the higher ground to the west of the south west gate and that steps should be taken to minimise compaction of the ground where it passes through the tree root protection zones along the boundary. A condition could be applied to any consent requiring the submission and agreement of the proposed contractor’s access through the southbound gate along with mitigation measures to minimise the compaction of the ground.

34. The County Ecologist has advised that any vegetation removal should not take place during the bird breeding season (March – August). In the interest of local wildlife a condition could be applied requiring no vegetation to be removed during this period.

35. Three local residents have commented on occasional bat activity from one of the buildings to be demolished. The County Ecologist has confirmed that signs of bats have been found in the Horsa building and recommends that a bat survey be undertaken prior to the commencement of any works. If the Horsa building is found to be a significant bat roost, further surveys (emergence/ return to roost survey) and a licence from Natural England may be required before demolition takes place. This can be covered by condition.

(iv) Contractor’s Access

36. Transport Development Control have no objection to this proposal but comment that the existing south west access (to be used as the contractor’s access) is likely to require widening. The parking spaces along the frontage of the gate would need to be suspended/closed off during the period of construction to allow this to happen. In addition, the gradient within the site will require some work along with the requirement for the agreement over the material to be used for the temporary construction access and the provision of wheel wash facilities to prevent mud from being taken onto the public highway. In addition to the parking closure, safety precautions must be imposed to safeguard pedestrian and cyclist movements along Station Way as it is a well used route into the town centre. Such precautions must be part of a construction travel plan which can be required by planning condition.

37. The Town Council has requested that consideration be given to the implementation of traffic calming measures along Station Way, and that any turning circle does not encroach on Town Council land. Also a number of concerns have been received from local residents about the impact that the use of Station Way by contractor vehicles may have on the safety of pedestrians and cyclists. Transport Development Control have raised no objections to the use of Station Way as an area for contractor vehicles. However, the issues raised by local residents could and should be covered in a site Construction Travel Plan.

38. Local residents have expressed concerns about the use of the south west gate as a permanent school entrance/egress point for staff and parents once the development has been completed. A condition can be imposed to require the south west gate to revert back to its existing use (ie maintenance access route only) when the development works have finished.

39. The Rights of Way Officer has advised that the site is bordered by public footpaths 410/17, 410/18 and 410/19. Although developments within the school site will not have any affect on these footpaths, the use of the existing south west entrance for use by the contractors may have some impact if not managed correctly. The Rights of Way Officer recommends that the public rights of way are taken into account by making sure that access to these routes for members of the public are not restricted at any time. This can be addressed through condition.

40. Transport Development Control have advised that a construction traffic route must be submitted and agreed avoiding Witney town centre and any large construction vehicle movements should be restricted to outside peak hours. Conditions could be attached requiring approval of a routeing agreement as part of a Construction Travel Plan and material delivery times.

(v) Other Issues

41. Local residents have expressed concern about the impact of the re-organisation and improvements to the existing courts (along the western boundary) and the creation of an emergency vehicle access (via the south west gate) may have on flooding, litter and loss of privacy. In my view the concerns relating to litter, loss of privacy and overlooking have been resolved as the additional netball court has been deleted from the application and the proposed emergency vehicle access, via the south west gate, no longer forms part of the application (it is to revert to a maintenance access only).

42. With regard to flooding, the Environmental Agency has advised that the proposal is considered as having low risk.

Conclusion

43. In conclusion I consider that the proposed development is acceptable in planning terms and concerns about visual amenity, noise, loss of trees/biodiversity and the contractor’s access can be properly addressed by the attachment of appropriate conditions as set out below.

RECOMMENDATION

44. The Committee is RECOMMENDED to approve Application No R03.0094/09 for the demolition of a classroom block and pavilion building, erection of a single storey music block to provide 3 music studios/class spaces with storeroom and other staff and pupil accommodation; reorganisation and improvements to existing tennis courts, repairs and replacement ball stop fencing and the creation of an emergency access (temporary contractor access will be via Station Way) at Henry Box School, subject to conditions to be determined by the Head of Sustainable Development to include the following matters:

1. detailed compliance – that the development must be carried out strictly in accordance with the particulars contained in the application and the plans accompanying with any approval given in respect of any subsequent reserved matters;

2. application for approval of the reserved matters to be made not later than 3 years of the date of the permission;

3. materials – that samples of the external materials proposed to be used shall be submitted and approved;

4. design detail – that the design detail for all key elements of the development (to include windows, external doors, roof materials, eaves and verge details) to be submitted and approved;

5. sound reduction – prior to the commencement of the development details of a sound insulation scheme for the music block to be submitted and approved;

6. hours of use – that the use of the development be restricted to 7.00 pm unless otherwise agreed;

7. tree protection during construction works – 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;

8. landscaping scheme – that the land be landscaped and planted with trees and shrubs in accordance with a comprehensive planting and landscaping scheme first approved;

9. landscaping implementation – that all planting, seeding or turfing comprised in the approved details of the landscaping shall be carried out in the first planting season following the completion of the development.

10. southern access route – details of the proposed contractors access through the southbound gate (to include details of the measures taken to minimise the compaction of the ground, where it passes through the Tree Root Protection Zone of the trees along the boundary) to be agreed by the Head of Sustainable Development before development commences;

11. contractors access – following the completion of the development, the south west entrance will revert back to its former use (maintenance access route only);

12. bat survey - that no development shall take place until a full bat survey has been undertaken and submitted for agreement;

13. bat mitigation/compensation measures – that no development/demolition works shall take place until bat mitigation/compensation measures (to include the timing of the works and a working methodology) have been agreed and implemented;

14. asbestos survey – that, prior to undertaking a bat survey, a full asbestos report shall be submitted and agreed by the Head of Sustainable Development in consultation with the County Ecologist;

15. vegetation removal - that no vegetation removal should take place during the months of March – August inclusive (bird breeding season);

16. vegetation removal - that should any vegetation removal have to take place during the bird breeding season (March – August) a professional ecological consultant must be commissioned, immediately prior to the removal of vegetation, to ensure there are no nesting birds present. If nesting birds are present, the vegetation cannot be removed until the birds have fledged;

17. construction travel plan – that no development shall take place until a construction travel plan (to include location of the works, positioning of plant and machinery, identification of sensitive receptors, a description of the work to be undertaken, a detailed programme of the construction activities, vehicular access routes including routeing of HGV’s, highway safety precautions) has been submitted and agreed;

18. Rights of Way - that the public footpaths in the vicinity of the contractor’s access shall be kept clear from obstruction during the construction of the development;

19. hours of operation – details of contractor’s hours of operation to be submitted and approved prior to work on site;

20. hours of delivery - hours of use of access for delivering materials to the site to be submitted and approved prior to the work commencing on site.

Informatives:

Archaeological Informative – if archaeological finds do occur during development, the County Archaeologist shall be notified in order that he may visit the site and advise as necessary.

Ecological informative - if any protected species are found be present at any time during the development, work shall stop immediately. The County Ecologist shall be notified in order that he may visit the site and advise as necessary.

Town Council informative – the contractor should make appropriate arrangements with the Town Council to agree on any repairs that may be required to Town Council land damaged as a result of this development. Any repairs to be carried out as soon as the development is completed.

CHRIS COUSINS

Head of Sustainable Development

Environment & Economy

Background Papers: File ref: R3.0094/09 8.5/3509/09 held in Environment & Economy, Speedwell House, Oxford

July 2009

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