DEVELOPMENT CONTROL AND REGULATION COMMITTEE25 June 2015

A report by the Assistant Director of Environment & Regulatory Services _____________________________________________________________________

Application No: 6/15/9002 District: Barrow Borough Council

Parish: Dalton with Newton Town CouncilApplicant: Cumbria County CouncilParkhouse BuildingCarlisle Received: 15 May 2015

PROPOSAL: Provision of an extended hard-surfaced area to provide additional parking spaces.

LOCATION: Dowdales School, Nelson Street, Dalton-in-Furness, LA15 8AH_____________________________________________________________________

1.0 RECOMMENDATION

1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions set out in Appendix 2.

2.0 THE PROPOSAL

2.1 It is proposed to formally extend an existing car-parking area at the school to the north and south by providing hard-surfacing so as to create an additional 14 parking bays. The current grassed and grasscrete areas will be overlaid with permeable tarmac.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Barrow-in-Furness Borough Council’s Planning Department has no objection to the principle of the development and note the use of root protection measures and permeable surfacing, as previously discussed on site with the Borough planning officer. However it asks that, in view of the number of staff employed at the school, the County Council seeks to either encourage the introduction of a Travel Plan, in line with Cumbria’s transport policies, or vary any existing one, to reduce pressure upon the school’s car parking facilities.

3.2 Historic England report that it has considered the application and does not wish to offer any comments. It recommends that the application be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

3.3 Cumbria County Council’s Historic Environment Officer has no objections and does not wish to make any recommendations or comments.

3.4 Barrow-in-Furness Borough Council’s Environmental Health Team reports that it has considered the application and does not wish to comment.

3.5 Dalton with Newton Town Council, The Highway Authority, Cumbria County Council’s Active Travel Officer, Cumbria County Council’s Local Flood Risk Management Team, Cumbria Constabulary’s Crime Prevention and Architectural Liaison Officer, The Chief Fire Officer and United Utilities have all been consulted but no reply had been received when this report was prepared.

3.6 The application site falls within the County Council electoral division of Dalton North. The local member representing that division, Mr BJ Doughty, has been notified.

3.7 The application was publicised via site notices placed on 19 May 2015.

3.8 One representation had been received when this report was prepared. The representation, from a resident at Hawkwood Terrace, objects to the application on the grounds of its potential to intensify:

i) off-site surface water flooding;

ii) the traffic impacts of the school on the surrounding streets around its access point, especially Nelson Street, Chapel Street and Rawlinson Street, in relation to congestion/gridlock and the potential damage this may cause to residential properties in the area.

3.9 With regard to flooding, the objector states that the dwellings at Hawkwood Terrace have suffered flood damage on numerous occasions within the last few years and that the existing drains / drainage systems of the area and the school can’t cope with heavy rainfalls, with water running off the school grounds down the drive. The representee recounts that the stress of the repeated flooding has affected their health and that of neighbours.

3.10 With regards to traffic, the objector states that:

“our streets are grid locked up to 5pm and then it starts all over again for the evening classes ,the streets aren't built for all the amount of traffic that already come up here never mind trying to invite more cars ,vans lorries etc… it’s a wonder that there isn't more accidents or even anyone been knocked over…”

3.11 The objector continues to suggest that the existing volume of traffic is causing structural damage to the houses on the affected streets, and that residents fear that approving this application will make this worse.

4.0 PLANNING ASSESSMENT

Site Location / Context

4.1 Dowdales Secondary School occupies a large 8.1ha site on the northern-western edge of the small market town of Dalton-in-Furness. The school is situated on a gently north to south sloping site surrounded by rising ground from its western side around to its eastern side.

4.2 The access road to the school connects onto the highway network at Nelson Street which is in an area of compact grid pattern terraced housing with narrow roads with on-street residential car-parking.

4.3 The existing car park proposed to be extended is located on the central eastern side of the school grounds. The existing car park is bounded as follows:

To the north: By grassed amenity land and school playing field on which a football pitch is seasonally marked-out.

To the east: by rising open green land with sporadic trees (which is located to the north and rear of Dalton Leisure Centre).

To the south: by the mature tree lined access road. These trees are subject to Tree Preservation Orders.

To the west: by a two storey flat-roofed 1970s classroom block. To the north of this a wooden trellis canopy structure is present over an area of hardstanding, sheltering a number of picnic benches

4.4 Ashburner House – a Grade II Listed Building – is located in the school grounds some 55m north-west of the existing car-park, and is sited on higher ground, with a retaining wall standing above the western edge of the playing field. Ashburner House is a large detached and distinctive Victorian house with oversailing embattled parapets. Originally built in 1895 as a dwelling it later became a school in 1928. Ashburner House is currently used as the schools administration building with some classroom use on the first and second floor.

Further Detail of Proposed Development

4.5 The northern extension would extend the existing tarmacked car parking area for an 18m length northward, over an area currently comprising of grass and an existing concrete foundation. This would bring it into line with the hardstanding picnic table area and would leave a 6m gap between the extended car park and the football pitch marked-out on the playing-field to the north. Low level landscape planting is proposed to the northern and western sides of the extension area.

4.6 The southern extension would involve overlaying an existing car-parking area currently covered with cellular grasscrete with permeable tarmac and also extending a further 3m south beyond this. This extension will bring the parking area up to an existing streetlight and closer to a tree that is subject to a Tree Preservation Order. As such a cellular confinement system will be placed on the grass prior to the laying of permeable tarmac so as to not impact on the Tree. The extended car parking area would maintain at least a 3m distance from the trunk of the nearest tree.

4.7 Low level timber post and rail fencing will be provided to the full unenclosed perimeter of the car-park to contain vehicles and ensure they do not encroach onto the surrounding areas.

Green Wedge

4.8 It is noted that the school is located in an area designated as a “Green Wedge” within the Barrow-in-Furness Borough Council Local Plan (1996-2006). Unlike designated “Open Areas” which the plan formally protects from development, the supporting text to Policy D4 regarding Green Wedges states at paragraph 5.2.10 that: “the aim of Policy D4 is not to prevent all development but to ensure that any necessary development does not detract from the purpose of the green wedge”. The purpose and value of the green wedge is defined within the policy text as providing a setting for recreation that offers important urban space and visual relief and contrast between residential areas. The small footprint of the proposed extension of the car-park and overlaying of less than 340m2 of amenity grassland; in the context of the large school site and grounds and the totality of the green wedge in this location (which also encompasses neighbouring allotments and agricultural fields); is considered to have negligible impact upon the open and green nature of this ‘green wedge’. Nor would it diminish the visual relief and contrast between residential areas. Furthermore, the development would not substantially diminish the amount of recreational space available to the school or impact on the rugby pitch or its run-off area. As such, it is considered that neither the prohibitive clauses of Policy D4 nor that of Policy G3 regarding recreational spaces are applicable in this instance.

Need for further formal Parking Space

4.9 The proposed additional new car parking areas cover approximately 500m2 of land and would provide 14 additional parking bays. The school states that it currently has 90 spaces (comprising 5 distinct areas of marked bays) for car parking. It reports that existing car parking on site is limited and a cause for concern from a safety point of view as staff and visitors resort to parking in undefined areas.

4.10 It is noted that Dowdales is purely a secondary school - i.e. catering only for 11-16 year olds. It has no post-16 sixth-form or college facilities so there is no student parking. The car parking provision at the school is only utilised by staff and visitors during the schools’ core hours.

4.11 On the Officer visit to the site numerous instances of cars being parked in recesses between building, double-parking and mounting kerbs to park on amenity grassland/playing-field were observed and noted. As such there is a compelling argument for further formal car parking space provision to meet current demand and rectify the existing situation.

4.12 The proposal is considered to comply with Barrow-in-Furness Borough Council Local Plan 1996-2006 Policy E9 which requires that all development should provide for its car parking requirements. The National Planning Policy Framework (published March 2012) [NPPF] also stipulates that great weight should be given to the need to alter schools. As such subject to its other potential impacts being acceptable, the provision of the small amount of additional parking provision proposed is, in principle, considered to be acceptable and of benefit.

4.13 The key planning issues / potential impacts associated with this proposed development are considered to be: i) traffic; ii) surface water flooding; iii) visual / landscape (including this in relation to heritage assets) and iv) to protected trees.

Traffic Impacts

4.14 The representation received highlighted the existing highways problems along Nelson Street, Chapel Street and Rawlinson Street and worries that these problems could be intensified by the proposed development. The highly constrained nature of the local streets leading to the school and the existing traffic congestion issues experienced are duly noted. Yet this is an existing problem and the proposals would not result in any increase in staff, pupils and/or visitors to the school. Rather the proposals seek to alleviate existing on-site issues of unordered and potentially dangerous car-parking. The lack of current demarcated provision is clearly not deterring motor-vehicular journeys to the site.

4.15 However it is recognised that the school also needs to promote more sustainable journeys by staff, visitors and pupils to its facilities (i.e. walking and cycling) and seek to reduce the amount of single occupancy car journeys to the site. To that aim the School has produced a School Travel Plan to support the application and with which to more actively drive forward a modal shift. As such the document should act as a framework that can help ensure that further incremental expansion of parking capacity on site is restrained and that the school is not catering for unrestrained road traffic growth, in recognition of the impact that this could have on the already heavily constrained surrounding highway network.

4.16 As such it is considered the proposed development would not have an adverse traffic impact and that suitable measures have been put in place to restrain any future potential intensification of motor-vehicular traffic accessing the site.

Off-Site Surface Water Flooding Issues

4.17 The representation received focused very much on existing drainage problems which lead to off-site surface water flooding issues. A July 2008 Committee Report concerning a planning application relating to the school (Ref. 6/08/9007) also noted the presence of these issues at that point in time, noting that: “during

high levels of rainfall, water from the school grounds has collected and appears to run down the driveway, and according to the residents has contributed some localised flooding of garages at the bottom of the driveway. Gulleys and several drains are provided on both sides of the driveway. However, in severe rain residents claim they have not always been able to cope with the volume of water which increases the likelihood of flooding, in particular in the area surrounding the garages. Following previous floods a new soak away was installed near to the garages. Whilst there has been no flooding of this area since this was installed, residents have said that there has been no severe rainfall either”.

4.18 From the representation it would appear this surface water flow path remains an issue at times of peak rainfall. However it is considered that by providing permeable tarmac surfaces to the new extended areas of parking which are currently grassed and the additional green landscaping around this, that the proposals will not increase the amount or speed of surface water run-off from the site. As the proposed development would not intensify nor exacerbate this existing issue, the proposal is considered to comply with local plan policies F8 and F9 regarding flooding and paragraph 103 of the NPPF.

4.19 It is noted that the school intends to lay new land drainage to try and address surface water issues on the playing-field to the north and that this will include an underground tank to attenuate surface water flows. In addition to this it is also noted that the school is investigating an alleged disparity between surface water pipe diameters at the southern site perimeter whereby the larger school pipe connects to a small pipe resulting in overland overflows. These matters are outside the scope of this application and planning control.

Visual and Landscape Impact (appropriate location/siting of additional Car Parking)

4.20 The northern extension of the surfacing will take car-parking in this area closer toward a key grassed area that forms part of the wider setting for Ashburner House. The provision of planting to soften and visually screen the extended area satisfactorily mitigates any potential visual and landscape impact this may have from views within the school, including views to and from Ashburner House.

4.21 In terms of public views of Ashburner House from outside the school site, the main public viewpoint that could potentially take in the proposed development is that from the residential street of Fair View which is at a raised elevation to the east of the school. The existing car park cannot be seen from this vantage point due to the changes in topography and intervening trees, hedgerows and scrubs which line the boundaries and sporadically occur across the intervening field and the semi-mature trees and shrubs that line the school’s eastern boundary. It is considered that the southern extension would not be visible at all and that the northern extension would be substantially screened/filtered from view by the intervening vegetation, and as such would not impact upon views of the setting of Ashburner House. As such the proposed development would not harm the significance nor the setting of this heritage asset.

4.22 The proposed development is considered to concord with the criteria for good design, quality development and landscaping set out in Policies D21, D27 and D28 of the Barrow-in-Furness Borough Council Local Plan 1996-2006 as it provides a simplistic design whose footprint/lines match those of neighbouring features and has been sensitively landscaped.

Protection of Trees

4.23 A group of 13 trees (encompassing 8 Horse Chestnuts, 2 Elms and 3 Pines) lie to the south off the existing car park and are subject to a Tree Preservation Order (Barrow BC TPO No. 5 1997). The proposal will not lead to the loss of any trees, and adequate measures have been put in place to protect the roots and crown spread of the nearest tree. As such the proposal is considered to comply with policies D31 and D32 of the Barrow Borough Council Local Plan.

Protection of Playing Pitches

4.24 Neither the playing pitch area on the playing field nor its run-off area would be affected by the proposed northern extension of the car parking area. The proposed low level knee high wooden fencing to the extended car park would help better contain parking and protect this pitch area from damage associated with overflow car-parking.

Human Rights Act 1998

4.25 The proposal will have a limited impact on the visual and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.26 The provision of the car park would be a benefit to the school as it will help regularise the current ad-hoc approach to motor-vehicular parking on site. The proposed extensions have been sensibly and pragmatically sited so as to link onto the existing main car-parking area and sensitively designed so as to prevent the development from having any impact upon designated features (TPOs or Ashburner House) and ensure it will not lead to any increase in surface water run-off. The proposal is compliant with planning policy and would not intensify or exacerbate any pre-existing offsite impacts. As such it is recommended that planning permission be granted subject to conditions.

Angela JonesAssistant Director of Environment & Regulatory Services

ContactMr Edward Page, Kendal, Tel: 01539 713 424; Email: edward.page@cumbria.gov.uk

Background PapersPlanning Application File Reference No. 6/15/9002

Electoral Division IdentificationDalton North ED - Mr BJ Doughty

Appendix 1Ref No. 6/15/9002

Development Control and Regulation Committee – 25 June 2015

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015

Summary of Reasons for Grant of Planning Permission

1 This application has been determined in accordance with the Town and Country Planning Acts and relevant local development plan policies and in the context of the national planning policy framework and guidance.

2 The key development plan policies taken into account by the County Council before granting permission were as follows:

Barrow-in-Furness Borough Council Local Plan 1996-2006 [Adopted 24th August 2001 and formally altered in 2006];

POLICY D4 – Green WedgesThe following areas have been designated as Green Wedges: …d) Land north of Dalton, …Development within Green Wedges that would detract from their value as a setting for recreation, providing important urban space and visual relief and contrast between residential areas would not be permitted.

The supporting text to this policy states at paragraph 5.2.10 that: “The aim of Policy D4 is not to prevent all development but to ensure that any necessary development does not detract from the purpose of the green wedge”

POLlCY D21 – Design Code In determining all applications submitted to it the local planning authority will have regard to the General Design Code set out in paragraph 5.4.27 of this plan. In towns and villages, proposals shall relate to the context provided by buildings, street and plot patterns, building frontages, topography, established public views, landmark buildings and other townscape elements. Proposals that do not respect the local context and street pattern or the scale, height, proportions and materials of surrounding buildings and development which constitutes over development of the site by virtue of scale, height or bulk will not be permitted, unless there is specific justification, such as interests of sustainability, energy efficiency or crime prevention….

General Design Code (Paragraph 5.4.27)The importance given by PPG1 to design as a material consideration now merits the introduction of policies to ensure that development and infrastructure changes are carried out with adequate sensitivity to their surroundings. Development will therefore, be required to be related to the General Design Code, as follows:Setting: the setting of any building should be carefully considered, whether in the countryside or in a built-up area. Attention should be paid to its impact on public views into, over, and out of the site. Those views should not be significantly harmed, and opportunities should be taken to enhance them or open up new

views. In the countryside, or on the edge of towns and villages, buildings should be located to sit comfortably in the landscape. Buildings on the skyline should be avoided, unless local circumstances deem this to be appropriate for the site.…

POLICY D28 - LandscapingDevelopment proposals will be expected to include a survey of existing landscape features and a landscaping scheme of a professional standard must be submitted with applications where deemed appropriate.

POLICY D29 - LandscapingA high standard of landscaping will be required of appropriate new development, both for the initial scheme and its long-term maintenance. Where possible, existing landscape features shall be integrated into landscape schemes. …

POLICY D31 – Regard to TreesThe location, layout and detailed design of all new development must pay regard to existing trees and their future growth potential and any landscaping scheme needs to balance the relationship between trees and buildings to avoid damaging effects from one to the other.

POLICY D32 – Protection of TreesIn order to protect trees from damage during development, planning conditions will be imposed to ensure that adequate measures ate taken to preserve and protect all trees identified, to be retained in any development.

POLICY 47 – Traffic Management and Public TransportIn towns the adverse impact of traffic on the environment and on amenity will be reduced through the introduction or extension of measures to reduce, restrict and control traffic, including traffic calming and by giving higher priority to public transport, the pedestrian and the cyclist, while respecting the need for access by disabled persons.

POLICY E9 – ParkingAll development should provide for its car parking requirements. …

POLICY F8 – FloodingWithin the identified floodplain or in the areas at unacceptable risk from flooding the Authority will not accept new development, the intensification of existing development or land raising, unless it is decided that development in such areas should be permitted for social or economic reasons. In these cases appropriate flood protection and mitigation. In these case appropriate flood protection and mitigation measures, including measures to restore floodplain or provide adequate storage, will be required to compensate for the impact of the development. At sites suspected of being at unacceptable risk from flooding but for which adequate flood risk information is unavailable, developers will be required to carry out detailed technical investigations to evaluate the extent of the risk. In all cases, developers will be required to identify, implement and cover the costs of any necessary measures and to submit full technical information with their planning applications.

POLICY F9 – Surface Water FloodingThe Authority will refuse development that would result in adverse impact on the water environment due to additional surface water run-off, unless appropriate alleviation or mitigation measures

POLICY F12 – Crime Prevention The design, lighting, layout and location of new development will be carefully examined by the Authority, in consultation with Cumbria Constabulary, to ensure that it is not contrary to the interest of the prevention of crime and development will be refused if it us considered that it will give rise to an increased likelihood of crime.

POLICY F14 – Inclusive AccessPermission will be refused for development where the layout does not adequately provide for reasonable access needs of people with disabilities, unless such access is prevented by local topography.

POLICY G3 – Recreation and Community FacilitiesDevelopment proposals involving the loss of existing or former public or private recreation and community facilities such as parks, play areas, sport fields, school playing fields, allotments, sports halls and village halls will be permitted provided it can be demonstrated that either:-a) There is no shortfall of provision in the area for all existing and likely future

users of that lost facility …b) An alternative site is to be provided at the developers expense, …

3 The National Planning Policy Framework (Published March 2012) is also a material consideration, and has been taken into consideration in this report with reference to:

Paragraph 72: The Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities. Local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement, and to development that will widen choice in education. They should:

● give great weight to the need to create, expand or alter schools; ● work with schools promoters to identify and resolve key planning issues

before applications are submitted

Paragraph 103: When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere… and it gives priority to the use of sustainable drainage systems.

Paragraph 129: Local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal.

Paragraph 132: When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.

4 The online Planning Practice Guidance (PPG) suite was launched on 6 March 2014 and is also a material consideration in the determination of planning applications. Relevant sections of this have also been taken into account.

5 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2Ref No. 6/15/9002

Development Control and Regulation Committee – 25 June 2015

Proposed Conditions

Time Limit for Implementation of Permission1. The development hereby permitted shall be begun before the expiration of

three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990

Approved Documents

2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following:

a. The submitted Planning Application Form – dated 15 May 2015b. Design and Access Statement – Rev.1 – dated 26 May 2015c. Dowdales School Staff Travel Plan – dated June 2015d. Location Plane. Drawing No. 04-Rev.3 – Dowdale School - Area Df. This Decision Notice

Reason:

To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

Landscaping / Screen Planting3. The proposed screen planting to the northern car-park extension shall be

undertaken within the first available planting season following the date of this permission.

Any tree or shrub provided as part of this scheme which dies, is damaged, diseased or removed within the duration of 5 years after planting shall be replaced during the next available planting season with a similar species unless otherwise agreed in advance in writing with the Local Planning Authority.

Reason: In the interests of visual and landscape amenity and in accordance with Barrow-in-Furness Borough Council Local Plan (1996-2006) Policies D28

and D29.