REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION - 23 JULY 2004

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TCP/01290/R P/00879/04 Parish/Name: East Cowes Registration Date: 21/04/2004 - Development by Council Itself (Reg 3) Officer: Miss. S. Wilkinson Tel: (01983) 823566 Renewal: Siting of temporary building for use as a play group and change of use of agricultural land for educational use Holy Cross RC Primary School, Millfield Avenue, East Cowes, Isle Of Wight, PO326AS

REASON FOR COMMITTEE CONSIDERATION

Report requested by Local Member, Councillor Mrs Lloyd who has indicated that residents have approached her on a number of occasions prior to the lodging of this application expressing concern over the condition of the road (Millfield Avenue) and the traffic movement generated by the school.

PROCESSING INFORMATION

This is a minor application the processing of which has taken 14 weeks to the date of this Committee meeting. The application has gone beyond the prescribed 8 week period for determination of a planning application due to delays in consultees submitting comments which were considered essential to the consideration of the application and the request for a site visit.

LOCATION & SITE CHARACTERISTICS

Application relates to a mobile classroom, used for the purposes of the pre-school in conjunction with Holy Cross Roman Catholic Primary School, located on the northern side of Millfield Avenue, off the access track to the convent. The application also relates to a change of use of a small parcel of agricultural land for educational use to the south of the school building. The mobile classroom is located in front of the main school building with a picket fence boundary enclosing a small play area to the side of the structure. The school site is located within the grounds of Convent of the Cross.

RELEVANT HISTORY

TCP/1290/G – An application was approved in July 1993 for a single storey extension to enlarge existing reception, office and stockroom.

TCP/1290/K – An application for temporary planning permission was approved in July 1998 for the siting of a temporary building for use as a playgroup and change of use of agricultural land for educational use.

TCP/1290/L – An application was approved in August 1998 for a first floor extension over existing roof patio to form classroom to include external fire escape staircase on north east elevation.

TCP/1290/M – An application was approved in November 2001 for the renewal of the siting of temporary building for use as a playgroup and change of use of agricultural land for educational use.

DETAILS OF APPLICATION

Consent is sought for the renewal of planning permission for the siting of a mobile classroom and the change of use of agricultural land for educational use. The mobile classroom has been located on the site since 1998 within the parcel of agricultural land under consideration for change of use for education. A further application was submitted in 2001 for its renewal which was granted, which did not attract any objections. The mobile classroom is used for a playgroup currently attended by 42 pupils although it is anticipated that the number of children will be reduced to 34 from September 2004.

DEVELOPMENT PLAN/POLICY

Relevant policies of the Unitary Development Plan are considered to be as follows:

S6 – Development will be Expected to be of a High Standard of Design

D1 – Standards of Design

U5 – Schools Provision

CONSULTEE RESPONSES

Highway Engineer comments that the surface condition of the road is very poor and improvements are required. However, as this application only seeks to renew the existing use, he did not feel that the Highway department could raise an objection or justify any improvements to the surface of the road. In summary the Highway Department return no comment on the application.

PARISH/TOWN COUNCIL COMMENTS

East Cowes Town Council raises no objection.

THIRD PARTY REPRESENTATIONS

Six letters were received from local residents objecting on grounds which can be summarised as follows:

• Condition of the road (Millfield Avenue)
• Nuisance caused by noise and dust clouds
• Parking problems
• Quality of the road being insufficient to accommodate fire engines and heavy emergency vehicles to access the school
• The road (Millfield Avenue) contains no lighting or pavements
• Potholes in road fill with rainwater
• Road not subject to speed limit
• Suggestion that access to the school is via St. Thomas Road
• Health and environmental risk of dust clouds
• During winter months rain blocks the drains causing flash flooding

CRIME & DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Determining factors in considering this application are whether the poor condition of the road (Millfield Avenue) is exacerbated by traffic generated by the playgroup facility at Holy Cross RC Primary School and whether any evidence to support this result is an acceptable loss of a community facility.

The site lies within the grounds of the Convent of the Cross and is accessed via entrance gates off Millfield Avenue, a private unmade road over which a number of residential properties have right of way. The mobile classroom is located in close proximity to the school building on a small part of land previously used for agricultural purposes, at a distance from residential properties.

The original application for temporary consent was approved in 1998 and attracted a number of letters of support in relation to the necessity for the application as Holy Cross RC Primary School was the only school in the area that did not have an associated playgroup, which was a much needed facility for the community. This issue is still a matter of consideration with the playgroup accommodating 42 pupils at present, a number that will reduce to 34 in September. Currently 113 pupils attend the school itself, a number of which are intakes from the associated playgroup. The increase in traffic generation caused by the playgroup is not significant to this figure. It is likely sibling groups attend both school and playgroup. Consequently, children attending both establishments may travel in the same vehicle. Additionally, the school is within walking distance for a number of local residents, whose families are likely to attend both school and playgroup.

The renewal of this consent was approved in 2001 with no letters of representation being received and the Highways department making no comment.

A number of objections raised in relation to this application relate for the most part to the condition of Millfield Avenue. This road has been slowly deteriorating, although there is no evidence to suggest this is purely due to the playgroup facility and as such, previous approvals did not attract any objections from the Highways department. In this respect Members should be aware that circumstances regarding this renewal have not altered and the private road is outside the application site.

The continued use of the small parcel of agricultural land to the south of the main school building to accommodate the mobile would not have a detrimental impact on agricultural provision, the environment, neighbouring properties or the surrounding area.

Whilst no condition was placed on the original consent for a road survey, there is no evidence to suggest that the deteriorating condition of Millfield Avenue is due in most part to the playgroup. Additionally it is not considered that circumstances have changed significantly since the renewal of 2001 to warrant a refusal at this time.

HUMAN RIGHTS

In coming to this recommendation to grant planning permission, consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights. The impacts this development might have on the owners/occupiers of the other property in the area and other third parties have been carefully considered. Whilst there may be some interference with the rights of these people this has to balance with the right of the applicant to retain the mobile classroom for use as a playgroup. Insofar as there is an interference with the rights of others it is considered necessary for the protection of the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim of the Council's Unitary Development Plan and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to the material consideration referred to in this report, I am of the opinion that circumstances have not changed significantly from the previous renewal to justify refusing the current application, and therefore take the view that the proposal is consistent with development plan policies, particularly S6, D1 and U5. I therefore recommend accordingly.

RECOMMENDATION – APPROVAL

Conditions/Reasons:

1	This permission shall be for a limited period expiring on 31 June 2009, on or before which dated the building shall be permanently removed from the site and the land shall be restored to its condition prior to the siting of the mobile classroom or such agreed condition unless the prior written consent of the Local Planning Authority has been obtained in writing for a further period. Reason: The building is of a type not considered suitable for permanent retention.
2	This permission shall enure solely for the benefit of the Local Authority. Reason: To comply with Regulation 3(4) of the Town and Country Planning General Regulations 1992.
3	The external walls of the mobile classroom hereby approved shall be maintained in a matt dark brown colour unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of the character of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

ANDREW ASHCROFT

Head of Planning Services