Development Control Committee
Meeting to be held on 25 August 2010
Part I - Item No. 9
Electoral Division affected:
Pendle Central
Pendle Borough: App. No. 13/10/0285
Construction of an early years play area including truddle track, timber shelter,
music stage, embankment fort and climbing wall. Castercliff Primary School,
Marsden Hall Road, Nelson.
Contact for further information:
Tom Rimmer, 01772 534107, Environment Directorate
[email protected]
Executive Summary
Application - Construction of an early years play area including truddle track, timber
shelter, music stage, embankment fort and climbing wall. Castercliff Primary School,
Marsden Hall Road, Nelson.
Recommendation – Summary
That planning permission be granted subject to conditions controlling
commencement, working programme and highway matters.
Applicant’s Proposal
Planning permission is sought for the construction of an early years play area on an
area of approximately 1700m² including:
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Truddle track.
Timber shelter (measuring 6m x 2.8m x 2.5m high).
Music stage.
Timber embankment fort (measuring approximately 15m x 1.6m x 1m high)
Climbing wall.
A large central tree.
An area of sensory planting and ornamental dragon planter.
Tango Rail fencing coloured red, blue and green and to a height of 1.8m
Additional native tree planting.
The proposed play area would be approximately 2m lower than the raised sports
field and surfaced predominantly in bitmac, with some areas of red and yellow
coloured wetpour and artificial grass. The play equipment would be manufactured
from natural treated softwood timber. A cut and fill operation would be required to
achieve the proposed levels. Approximately 140 tonnes of excavated and
-2redistributed soils and subsoils would be used to create a level play area and a 1m
high mound to the northeast of the site which would be contoured to be in keeping
with the natural land profile. Approximately 200 tonnes (approximately 10 wagon
loads) would be removed from site. A temporary hard standing would be provided for
construction purposes and would be removed following the completion of
construction phase of the works.
Description and Location of Site
Castercliff Primary School is located in the north-western area of Nelson, in a
residential area approximately 1.5 km from Nelson Town Centre. There are
residential properties to the south, west and east and a care home opposite the
school. The nearest residential property is 40 metres away to the northwest on
Marsden Hall Road.
The proposed early years play area would be located to the southeast of the main
school building on part of the school playing field which is currently 2m higher than
the level of the school building.
Background
History
The proposed development is at an existing educational establishment.
Planning permission for two single storey extensions to provide an improved toilet,
quiet room and library facilities was granted in July 2007 (ref. 13/07/0386).
Planning Policy
Replacement Pendle Local Plan
Policy 13
Quality and Design of New Development
Consultations
Environment Agency – No objection.
Pendle Borough Council – No objection. Recommend conditions relating to
commencement, materials and wheel cleaning facilities during construction.
Nelson Town Council – No observations received.
LCC Director (HEM) – No objection subject to conditions controlling highway works
and requiring wheel cleaning facilities to be provided on site prior to the
commencement of construction works.
Sport England – no observations received.
-3Representations – The application has been advertised by site notice and
neighbouring residents informed by individual letter. One letter of representation has
been received objecting to the proposal for the following summarised reason:
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Existing problems with traffic and parking provision. More parking provision
needed within the school instead of parking on the street. This development
will make matters worse for residents.
Advice
Director of Strategic Planning and Transport – Observations
The proposed development would enhance the existing outdoor play and
educational facilities available to the pupils at the school and to fulfil curricular needs.
The main issues are the effect the proposal would have on the recreational value of
the site and the impacts on the amenities of neighbouring residents.
The proposed play area would be located to the southeast of the main school
building on part of the school playing field which is currently 2m higher than the level
of the school building. It is considered that the proposed development would
enhance the recreational value of the site. The applicant has demonstrated that the
proposal would not compromise formal recreational provision at the school.
The extended store area, timber shelter, music stage, embankment fort, climbing
wall, tango rail fencing, raised dragon timber planter and cycle stand would be of a
scale in keeping with its surroundings. The proposed timber shelter would be the
largest structure extending to a height of approximately 2.5m. However, the
structure would only be approximately 300mm higher than the ground level as
existing. The proposed play equipment would be manufactured from natural treated
softwood timber surrounded by a 1.8m high tri-colour tango rail fence. The proposed
planting within the sensory garden would assist in softening the appearance of the
play area. These are considered to be appropriate in a school setting and would not
generate an unacceptable visual impact to the surrounding area or residential
properties. The proposed play area would be located approximately 40 metres away
to the northwest on Marsden Hall Road, which is considered a sufficient distance to
ensure the proposal would not be unacceptable in terms of impact on residential
amenity and would lead to no greater impact than would be associated with normal
school use.
The proposed cut and fill operation would necessitate the redistribution of
approximately 140 tonnes of excavated material on site and the removal of
approximately 200 tonnes off the site. The need to create a level area is considered
acceptable and subject to conditions requiring the installation of wheel cleaning
facilities prior to the commencement of any construction works, the removal of
material off site is considered acceptable.
Concerns have been raised that existing problems with traffic and parking provision
at the school would be worsened. There would be no increase in pupil numbers as a
result of this development and therefore it would not lead to any additional vehicle
-4movements or exacerbate any traffic problems experienced by the residents. No
additional parking can be required as part of the proposal. The reasons for objecting
to the scheme cannot therefore be supported.
The proposed development is considered acceptable and accords with Policy 13 of
the Replacement Pendle Local Plan.
In view of the nature, location, purpose and design of the proposal, it is considered
that no Convention Rights as set out in the Human Rights Act 1998 would be
affected.
Summary of Reasons for Decision
The play area and associated equipment would enhance the existing outdoor play
and educational facilities available to the pupils at the school. They would not
compromise formal recreational provision and would be in scale and in keeping with
their surroundings. They would not generate any greater loss of amenity to the area
or nearby residents or generate any additional traffic movements once constructed.
The ground re-profiling works would create a level area for the equipment and the
removal of materials would be acceptable as part of the development works. The
development accords with the policies of the development plan. The policy of the
development plan relevant to this decision is:
Replacement Pendle Local Plan
Policy 13
Quality and Design of New Development
Recommendation
That planning permission be granted subject to the following conditions
Time Limits
1.
The development hereby permitted shall be begun not later than 3 years from
the date of this permission.
Reason: Imposed pursuant to Section 91 (1) (a) of the Town and Country
Planning Act 1990.
Working Programme
2.
The development shall be carried out in accordance with the following
documents:
a) The Planning Application and supporting statement received by the
Director of Strategic Planning and Transport
b) Submitted Plans and documents:
Drawing No. GD053/10 - Proposed Sensory Garden
-5Drawing No. GD053/09 - Pedestrian Macadam Construction
Drawing No. GD053/07 - Emergency Access Step Construction
Drawing No. GD53/07 - Proposed Timber Shelter
Drawing No. GD53/08 - Proposed Raised Timber Fort
Drawing No. GD053/02 - Proposed Levels
Drawing No. GD053/04 - General Layout
Drawing No. GD053/06 - Setting Out Plan
Drawing No. GD053/05 - Cross Sections
Drawing No. GD053/03 - General Layout Plan (Extent of Works)
Drawing No. GD053/01 - Existing Levels
Email from Mr K Perfetti dated 10th June 2010
Email and attached revised Design and Access Statement from Mr K
Perfetti dated 13th July 2010
c) All schemes and programmes approved in accordance with this
permission.
Reason: For the avoidance of doubt and to minimise the impact of the
development on the amenities of the local area and to conform with Policy 13
of the Replacement Pendle Local Plan.
Highway Matters
3.
No development shall commence until a scheme and programme for the
access to the site by construction traffic has been submitted to and approved
in writing by the Director of Strategic Planning and Transport. The approved
scheme and programme shall be implemented in full for the duration of the
construction phase of the development.
Reason: To enable all construction traffic to enter and leave the premises in a
safe manner without causing a hazard to other road users and to comply with
Policy 13 of the Replacement Pendle Local Plan.
4.
No development shall commence until details for the cleaning of wheels of
vehicles leaving the site during the construction phase of the development
have been submitted to and approved in writing by the Director of Strategic
Planning and Transport. The approved details shall be implemented in full
throughout the construction phase of the development.
Reason: In the interests of highway safety and the amenity of neighbouring
residents and to conform with Policy 13 of the Replacement Pendle Local
Plan.
5.
Any hardstanding created for the construction of the development shall be
removed in its entirety on completion of the construction phase of the
development and the land reinstated to its former condition.
-6Reason: For the avoidance of doubt, to ensure the land is satisfactorily
restored and to conform with Policy 13 of the Replacement Pendle Local Plan.
Notes
This consent requires the construction, improvement or alteration of an access to the
public highway. Under the Highways Act 1980 Section 184 the County Council as
Highway Authority must specify the works to be carried out. Only the Highway
Authority or a contractor approved by the Highway Authority can carry out these
works and therefore before any access works can start you must contact the District
Highways Office, Suite 4 Linden Business Centre, Linden Road, Colne BB8 9BA (tel.
01282 856270) and quote the planning application number.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
Date
13/10/0285
13/07/0386
12/08/2010
July 2007
Contact/Directorate/Ext
Rob Hope
Environment
534159
Reason for Inclusion in Part II, if appropriate
N/A