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Division affected: Oxford West

ITEM PN5

PLANNING & REGULATION COMMITTEE –
29 NOVEMBER 2004

COUNTY COUNCIL PLANNING APPLICATIONS

Development

PERIMETER WALL – ST THOMAS’ DAY NURSERY, OXFORD

Introduction

  1. Councillor Power has requested that an issue about the creation of a new access through the boundary wall of St Thomas Day Nursery site be brought to this committee. It involves the disputed status of the stone boundary wall to the St Thomas’ Day Nursery. It is an issue that involves the City Council, English Heritage, the adjacent site developers, the Parochial Church Council and the County Council.

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

  2. The Nursery is located at the western end of St Thomas’ Street (see plan) in a cul-de-sac which has access onto Hollybush Road. It lies on the western edge of Oxford City centre. Oxford Railway Station is about 300 metres to the north west.

  3. The Nursery occupies a two storey temporary unit on the north side of St Thomas’ Street. St Thomas’ Church, a Grade II Listed Building is located immediately to the west. A redevelopment site lies adjacent to the Nursery and sharing the pedestrian/vehicle access on to the street.

    4. Background/History

  4. St Thomas’s nursery has been run from its present premises for many years.

  5. In 2001 the County Council sold the adjacent premises known as Hollybush Lodge (the current redevelopment site). The acceptability of a shared access to the Day Nursery was considered and the possibility of creating a separate nursery access by demolishing a piece of the boundary wall was explored. The County Council took the view that the wall was a listed structure. Informal consultation with English Heritage officers and the County Council’s Conservation Officer indicated that an application to demolish the wall to create a new entrance would be resisted by English Heritage. The option was not therefore pursued. Instead the County Council sold Hollybush Lodge with a requirement that the developer improve the existing access by the construction of new gates and an internal wall.

  6. At the time potential conflict between parents and children accessing the Day Nursery and users of Hollybush Lodge was considered to be limited. The access was to serve 2 car-parking spaces at Hollybush Lodge. All other users would arrive on foot. I understand however that both Day Nursery users and staff have had continued concerns over the access issue.

  7. The ownership of the wall is now with three separate parties. The initial length from Hollybush Row of approxcimately 11.5 metres (as far as the current opening) is now owned by the Hollybush Lodge developers, the next section of approx 5 metres (together with the existing joint access) is owned by the County Council and the remaining 10 metres by the Parochial Church Council.

  8. The wall is in a poor state of repair and is currently protected by Heras fencing principally to keep young children away from the wall both to prevent further damage and to minimise risk to the children from climbing on the wall etc. The County Council will shortly be discussing with English Heritage the best way of repairing the wall in its entirety. This in itself may require listed building consent.

    9. Current Proposals

  9. The Hollybush Lodge site is now the subject of a planning application for office and residential accommodation to be determined by Oxford City Council.

  10. There has been pressure on the City Council to secure a fresh access to the Day Nursery on the back of the redevelopment scheme. As a result, City officers have proposed a condition requiring a new access to be created on the County Council owned land involving demolition of part of the wall fronting the nursery. This solution has been developed without any formal consultation with the County Council as landowner.

  11. The City Planning Officer considers the wall not to be listed and that it is only the relevant surrounding buildings that are listed. On this premise a new access could be created without the need for planning permission or listed building consent. It is my view however that the wall is a listed structure by virtue of being attached to the existing listed building and being within its curtilage. This view has been confirmed by English Heritage who have further advised that they would not wish to see part of the wall demolished for a temporary or permanent entrance. On this premise creation of a new access through the wall would require Listed Building Consent and Planning Permission. Not to gain the necessary consents would be against the law.

    12. Possible Solutions

  12. Whilst there has been some long standing concern about joint access for children to the Day Nursery with parking space within the Hollybush Lodge site, the particular concern at the moment is (in the event of any permission for redevelopment proposals) the use of the access by contractors during site construction works.

  13. There are a number of possible ways forward to resolve the short term issue:

    1. one approach would be for the City Council to limit by condition access for construction vehicles to an existing alternative route direct from Hollybush Row;

    2. another would be for the County (as land owner) and City (as planning authority) to agree with the developer the limited access by vehicles for building works to certain hours of the day. This would reduce the potential conflict between users of the Nursery School and building contractors;

    3. demolition of part of the listed wall does not appear to be a viable option but if the developer wished to pursue this line within the County owned portion of the wall, it appears that it would require both the County Council’s agreement as landowner and listed building consent from the Secretary of State.

  14. My view is that this issue is a mix of property and planning issues which would best be resolved at the same time. The intention is for the County Council’s Property officers to convene a meeting between all interested parties, namely the City Council planners, the developer, the Management Committee of the Day Nursery, English Heritage and the Parochial Church Council in order to agree a way forward which would allow development to take place without compromising the safety of users of the Day Nursery.

    15. RECOMMENDATION

  15. The Committee is RECOMMENDED to note the content of this report and endorse the action as set out in paragraph 14 above.

Contact Officer: Kevin Broughton Tel. 810431 File: 8.2/5006/8

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