Planning Committee 08/01/2014 Schedule Item: 02 FORMER EVERSHED SPORTS GROUND, WYKE GARDENS, HANWELL, W7 2BB

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1 Ref : Address: Ward: Proposal: Drawing numbers: Type of Application: PP/2013/2709 FORMER EVERSHED SPORTS GROUND, WYKE GARDENS, HANWELL, W7 2BB Elthorne Retention of use of sports pavilion/hall and ancilliary buildings as an Educational facility with ancillary first floor flat and retention/provision of internal and external alterations, with associated playing fields (Use Class D1) Location Plan (1:1250); 213/72/01; and 213/72/02 (received ) Full Application Application Received: 05/07/2013 Revised: Report by: Peter Lee Executive Summary: Recommendation: Grant with Conditions The application site is located off of Wyke Gardens, an unadopted cul-de-sac located to the west of Southdown Avenue, a residential street in Hanwell which runs parallel to Boston Road. The site is located close to the borough boundary with the London Borough of Hounslow and has a site area of 17 hectares. The site was formerly used as the Evershed Sports & Social Club and comprises a part single storey, part two-storey pavilion building (with a first floor caretakers flat), a detached single storey workshop building and a detached single storey store building located in close proximity to the northern boundary of the site adjacent to the site entrance, with the former sports pitches located to the south. The area is designated as Metropolitan Open Land and Community Open Space on the Development Plan Proposals Map. Retrospective planning permission is sought for the continued use of the site for educational purposes by the Eden School, a Seventh Day Adventist independent school which originally opened in 1995 for children aged between three months and 18 years. The school moved to the site in January 2013, although they have leased the site since July The school currently has 52 pupils on roll aged from two to 17 years. Nine pupils are of Nursery and Reception age and there are 26 secondary-aged pupils. The buildings on the site have a floor area of 950 square metres, although only the main pavilion building is currently in use for educational purposes. The workshop building, of 155 square metres, is to be renovated and refurbished to provide a nursery unit, including a baby room of 43.5 square metres and a 2-3 years old nursery of 69 square metres. The store building, of 20 square metres, will be retained for ancillary storage purposes. Page 1 of 19

2 The main issues in the determination of the application are considered to be the appropriateness of the use in Metropolitan Open Land terms, the quality of the educational facility provided, the impact of the use on neighbouring residential amenity (including noise generation and access/parking issues) and the character of the area as a whole, and the implications of the development on the potential use of the site for community recreational purposes. The main objections raised by local residents relate to potential noise issues, traffic issues and that the area cannot cope with another school. The Elthorne High School have objected to the proposal on the basis of the loss of the community sporting facilities. In support of the proposal, it is acknowledged that there is a shortage of school sites within the borough and the principle of the re-use of existing buildings within a Metropolitan Open Land area is generally considered to be appropriate, as long as the new use is not harmful to the openness of the MOL and does not conflict with any of the reasons for designating the land as MOL in the first place. In the particular circumstances of this case it is recommended that the Committee grant temporary permission for the retention of the school use until the end of July This would allow the school to continue operating, but allow the position to be reconsidered, given the current shortcomings in respect of the quality of the education facility identified in the latest OFSTED report and to consider whether the requirement to provide community access to the sporting facilities (and the hall) could be facilitated this is not possible at present because of the loss of the changing and showering facilities within the main pavilion building as a result of its conversion to educational use. Recommendation: Grant with Conditions Conditions/Reasons: 1. Approved Plans The development hereby approved shall be carried out in accordance with drawing title number(s) Location Plan; 213/72/01 and 213/72/02 unless otherwise agreed in writing by the Local Planning Authority. REASON: For the avoidance of doubt, and in the interests of proper planning. 2. Permitted Development Restricted Notwithstanding the provisions of Classes A and B of Part 32 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010, no extensions or alterations, nor any provision of new hardstandings, shall be carried out without the prior permission of the Local Planning Authority, obtained through the submission of a planning application. REASON: To prevent the further unsuitable development of this Metropolitan Open Land site and to safeguard the openness of the area and the visual appearance of the locality, in accordance with policies 2.18 and 7.17 of the London Plan (2011), policies 1.1(i), 5.2, 5.6 and 6.3 of the Ealing Development (or Core) Strategy (2012) and Ealing Local Variation to London Plan Policy 5.2 Page 2 of 19

3 Minimising Carbon Dioxide Emissions of the Ealing Development Management Development Plan Document (2013). 3. Temporary Use This permission shall be for a limited period expiring on 31 July 2015 when the use shall be discontinued. REASON: To protect the openness of the Metropolitan Open Land and to ensure the provision of appropriate outdoor recreation facilities in the area, in accordance with policies 2.18 and 7.17 of the London Plan (2011), policies 1.1(i), 5.2, 5.6 and 6.3 of the Ealing Development (or Core) Strategy (2012) and Ealing Local Variation to London Plan Policy 5.2 Minimising Carbon Dioxide Emissions of the Ealing Development Management Development Plan Document (2013). 4. Details of Noise Limiter Details shall be submitted for the approval of the Local Planning Authority, within one month on the date of this permission, of a suitable sound limiting device to control the output from the amplification system to a maximum noise level agreed with this Authority. The limiter device shall also be connected to external doors, so that the power to the amplifiers will be cut if a door is opened, other than for means of escape from fire. REASON: To protect the amenities of neighbouring residential occupiers, in accordance with policy 7.15 of the London Plan and policy 7A of the Ealing Development Management Development Plan Document. 5. Noise Attenuation The background L90,15min linear noise level in any one third octave band from 50Hz to 160Hz, and also the overall linear L90 level, as measured at 1 metre from the nearest facade of the nearest affected premises, shall not be increased when the amplified music or speech is played and the measurement is repeated in the same position, using L90 linear over any 5 minute period with the background and source operating together. REASON: To protect the amenities of neighbouring residential occupiers, in accordance with policy 7.15 of the London Plan and policy 7A of the Ealing Development Management Development Plan Document. 6. Disabled Car Parking Within one month of the date of this decision, details of the provision of disabled parking provision on the site shall be submitted to the Local Planning Authority for approval, in writing. The provision should comprise at least two bays and each space should be 2.4 metres wide by 4.8 metres long with a zone 1.2 metres wide provided between the designated spaces and at the rear outside the traffic zone. Once approved the facilities shall be provided within one month and shall thereafter be retained throughout the life of the development. REASON: To ensure appropriate provision of on-site parking facilities for disabled users, in accordance with policies 6.13 and 7.2 of the London Plan (2011). Page 3 of 19

4 7. Cycle Parking Within one month of the date of this decision, details of on-site provision of secure and covered cycle parking facilities for pupils, staff and visitors shall be submitted to the Local Planning Authority for approval. The provision should provide at least 8 spaces. Once approved, the facilities should be provided within one month and shall thereafter be retained throughout the life of the development. REASON: To ensure appropriate provision of on-site cycle parking facilities, in accordance with policy 6.9 of the London Plan (2011). 8. Restriction on Use of First Floor Flat The first floor flat at the application site shall only be occupied on an ancillary basis by an employee of the school. REASON: To accord with the terms of the application and to limit any harm to the openness of the Metropolitan Open Land, in accordance with policy 7.17 of the London Plan (2011) and policy 5.2 of the Ealing Development (or Core) Strategy (2012). 9. Restriction on Use The buildings shall only be used for non-residential education purposes as a school and for no other purpose, including any other uses within Use Class D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended), or any other Order revoking and replacing that Order. REASON: To accord with the terms of the application and to limit any harm to the openness of the Metropolitan Open Land and neighbouring residential amenity, in accordance with policy 7.17 of the London Plan (2011) and policy 5.2 of the Ealing Development (or Core) Strategy (2012). Informatives The decision to grant planning permission has been taken having regard to the National Planning Policy Framework, to the policies and proposals in the London Plan (2011), the Ealing Development (or Core) Strategy (2012), the Ealing Development Management Development Plan Document (2013) and to all relevant material considerations including Supplementary Planning Documents/Guidance: London Plan Policies Green infrastructure: the network of open and green spaces Ensuring equal life chances for all Protection and enhancement of social infrastructure Education facilities Minimising carbon dioxide emissions Assessing effects of development on transport capacity Cycling Walking Parking Building London's neighbourhoods and communities An inclusive environment Reducing noise and enhancing soundscapes Metropolitan Open Land Page 4 of 19

5 Ealing Development (or Core) Strategy 1.1(e),(i),(j) - Spatial Vision for Ealing (d) - Delivery of the Vision for Ealing Enhance Residential Hinterlands Protect and Enhance Metropolitan Open Land (MOL) Outdoor Sports and Active Recreation Social Infrastructure Green Infrastructure Ealing Development Management Development Plan Document Ealing Local Variation to London Plan Policy 2.18 Green Infrastructure: The Network of Open and Green Spaces Ealing Local Variation to London Plan Policy 5.2 Minimising Carbon Dioxide Emissions 7A - Operational Amenity 7B - Design Amenity In reaching the decision to grant permission, particular consideration was given to the impact of the development on the openness of the Metropolitan Open Land, on neighbouring residential amenity, on the provision of educational accommodation and on the provision of community facilities in the area. The development is considered to be acceptable on a temporary basis and there are not considered to be any other material considerations that would warrant refusal of the application. 2. To assist applicants in a positive manner, the Local Planning Authority has produced policies and written guidance, and offers and encourages a comprehensive pre-application advice service, all of which is available on the Council's website and outlined in a 24 hours automated telephone system. The scheme complied with policy and guidance. The Local Planning Authority delivered the decision proactively in accordance with requirements of the National Planning Policy Framework. 3. The applicant is advised that this permission grants permission for the use of the buildings and land comprising the application site for educational use (and associated ancillary uses) only. Separate permission would be required to use the buildings for any catering or entertainment activities that are not purely ancillary to the educational use of the buildings. 4. The applicant is advised that the use of these buildings as a school is considered to represent inappropriate development in Metropolitan Open Land terms. A temporary permission, until 31 July 2015, has been granted to allow the school to find alternative premises in a sustainable and accessible location. Permission is unlikely to be renewed at the end of the temporary period. Site Description: The application site is located to the southwest of Southdown Avenue, Hanwell and has an area of 17 hectares. The site was previously in use as the Evershed Sports Ground. The site includes a part single storey, part two-storey building, formerly used as a sports pavilion, and detached single storey workshop and storage buildings, These buildings are located close to the northern boundary of the site adjacent to the existing access from Wyke Gardens, a narrow, unadopted, Council owned, road that runs southwest from Southdown Avenue between 51 and 53 Southdown Avenue. These buildings and adjacent car park area were provided in conjunction with the predominant use of the site as a grass playing field. Page 5 of 19

6 The site abuts Elthorne Park to the north and west, with the Grand Union Canal being located 160 metres to the southwest and the M4 motorway 125 metres to the southwest. To the east the site abuts the rear gardens of dwellings in Southdown Avenue (nos ) and Four Winds, Wellmeadow Road. To the south the site abuts allotment gardens located within the London Borough of Hounslow. The site lies within an area designated as Metropolitan Open Land as identified on the Development Plan Proposals Map. The site is also identified as Community Open Space and lies within a designated Archaeological Interest Area. The area to the west is identified as Public Open Space (Elthorne Park) and is also identified as a Site of Importance for Nature Conservation. The Use: The application seeks retrospective planning permission for the change of use of the buildings and car park from a Use Class D2 (Assembly and Leisure) use to use as a Use Class D1 (Non-residential Institutions) use for educational purposes as a Nursery, Primary and High School. The Eden School commenced using the site on 1 July 2012 for educational purposes and currently accommodates 52 children between the ages of 2 to 17 years, but it indicated that this is likely to increase to a maximum of 150, aged between 6 months and 18 years, over the coming years. At present 12 full-time members of staff are employed at the site. The development has a floor area of 950 square metres. At present the school is laid out to provide nine classrooms although the majority of these have been formed by using temporary partitions. Two further classrooms are currently being prepared for use at the western end of the main building. Other areas are used to provide a kitchen, staff/office areas, WC s, a medical room and store rooms. In the northwest corner of the main building there is currently a nursery area for younger children. The main building also has a first floor residential unit that is occupied by a member of staff. The detached workshop and store buildings located adjacent to the western boundary of the site are currently not in use and are hoarded off by metal temporary fencing. Proposed plans have been submitted which indicate that it is intended to renovate the existing workshop building to provide a self-contained nursery unit comprising a baby room (of 43.5 square metres) and a 2-3 year old nursery (of 69 square metres) with a baby change area, WC s and a staff facility. The relocation of the nursery facility from the main building would allow that area to be used as a reception class (of 64 square metres) and it is also proposed to provide more permanent partitioning and additional external window and door openings. Relevant Planning History Ref: Date: Proposal: Decision: Erection of sports pavilion and hall Approved with ancillary accommodation and caretaker flat (Outline Application) 04705/DDR Erection of sports pavilion including games rooms, assembly hall and stewards flat Approved 04705/C Use of pavilion hall for children s Approved Page 6 of 19

7 play group 04705/ Use of pavilion for pre-school children s play group Approved 04705/1A Use of pavilion for play group (Renewal) Approved 04705/1B Continued use of pavilion for preschool play group (Renewal) Approved (Temporary Permission - Expired 1976) 04705/ Erection of store building Approved Consultation: Public Consultation - Summary Neighbour Notification: Initiated on the 11/07/2013 (expired on 01/08/2013). 164 surrounding residential and commercial occupiers notified. Advertised in the local press and by a site notice on the 19/07/2013. (Expired on 09/08/2013). 10 responses were received, six raising objections (from 31, 39, 43 and 97 Southdown Avenue and one where no address was provided and from Elthorne Park High School) and 4 raising no objections, subject to certain provisos (from 213 Boston Road and 51, 62 and 76 Southdown Avenue). The objections raised the following summarised comments/points of concern: The local area cannot sustain the number of pupils proposed; Development will cause traffic/parking chaos; Police won t be able to monitor the school and Elthorne High School; Private functions held at weekends cause further traffic/parking chaos; The fact it has taken over a year to submit the application is unacceptable; Building is not suitable for school use; Increased noise nuisance; The sports ground is, and should remain, a valuable community resource which allows members of the local community the opportunity to take part in outdoor sporting and recreational activities. The change of use would deprive local residents, most especially children and young adults, of this most useful and long-established facility both now and in the future. Officers Response: The implications of the development on neighbouring residential amenity are a major consideration. However, the impact of the development has to be considered in the context of the authorised use of the site for sporting purposes. The original permission for the use of the site as a private sports ground contained no restrictions on the hours of use of the facility or the intensity of the use, except for a condition that stated that the premises shall not be used in any manner detrimental to the amenities of the locality. It is therefore difficult to argue that the use of the site as a school would have a greater impact than if the site were used intensively for sporting and ancillary purposes. The use has been undertaken for a period in excess of 18 months and none of the local residents who have submitted representations have indicated that any traffic generation of parking problems have Page 7 of 19

8 arisen. Whilst this may be due to the limited number of pupils currently attending the school, it would appear that a significant proportion of the trips to and from the site are undertaken by means other than the private car. Whilst no representation has been received from the Metropolitan Police it is not considered that objection to the proposal could be justified on the basis of the ability of the police to monitor the school. Private functions do take place at the school site but these have been licenced separately by the Council. The Council s Head of Regulatory Services issued a new premises licence for the site in February 2013 for the supply of alcohol; for the provision of regulated entertainment, namely plays (indoors only); films (indoors only); indoor sporting events; live music; recorded music (indoors only); and performances of dance (indoors only); for the provision of entertainment facilities, namely making music (indoors only); dancing music (indoors only); and facilities for entertainment (indoors only); and for the provision of late night refreshment. The times the licence authorises the carrying out of the licensable activities are as follows: Supply of alcohol (on and off sales): Monday to Thursday: 10:00 hours to 23:00 hours; Friday and Saturday: 10:00 hours to 24:00 hours (midnight); Sunday: 10:00 hours to 22:30 hours; Provision of regulated entertainment (except live music)and provision of entertainment facilities: Monday to Thursday: 09:00 hours to 23:00 hours; Friday and Saturday: 09:00 hours to 24:00 hours (midnight); Sunday: 09:00 hours to 22:30 hours; Provision of regulated entertainment (live music): Monday to Thursday: 11:00 hours to 23:00 hours; Friday and Saturday: 11:00 hours to 24:00 hours (midnight); Sunday: 11:00 hours to 20:30 hours; Provision of late night refreshments: Friday and Saturday only: 23:00 hours to 24:00 hours (midnight). Given that the premises has been licenced by the Council, this issue would not constitute an appropriate ground to object to the proposal and it should also be noted that the licence was transferred from the previous operator (Evershed). The delay in submitting the application was in part due to the belief of the operator that planning permission was not required for the change of use from a Use Class D2 to a Use Class D1 use as they had been informed that the site had been used as a nursery school previously. The change of use was first reported to the Planning Enforcement team in early January 2013, but it did take around 6 months for the application to be submitted. Whilst this delay is regrettable it is not considered to be a material planning consideration in the determination of the application. The suitability of the buildings for school use is material to some degree in that the Council would wish to see the provision of high quality facilities in all circumstances. However, the existing buildings have been, or will be, upgraded to meet appropriate standards. The suitability of the buildings will be assessed by OFSTED and under the Building Regulations, although no applications have currently been submitted, as well as through the planning system. Page 8 of 19

9 Noise generation associated with the educational use of the site is relevant to the determination of the application. However, given the authorised use of the site for outdoor sporting purposes, with no restrictions on the hours of use of the sports fields, it is not considered that the noise associated with the school use would cause demonstrable harm to neighbouring residential amenity. External Consultation List Ealing Civic Society Object on the basis that this Metropolitan Open Land site provides a useful pavilion with associated sports facilities and should be retained for local recreation and not allowed to become a regional school site which once authorised is likely to grow to a larger school contrary to MOL policy. Officers Response: The site is privately owned and the Evershed sports facility closed down some years ago. The site subsequently became overgrown and has not been used for sporting purposes since Evershed vacated the site in around The school use would not necessarily preclude the use of the playing fields by the local community, but this issue is discussed in more detail in the body of the report. Metropolitan Open Land policy does allow for the re-use of existing buildings as long as the use is not harmful to the openness of the MOL or contrary to the purposes of designating the site as MOL. Sport England Initially objected to the proposal on the basis that the development would prejudice the use of this established playing field facility as the playing field will become significantly less attractive to clubs without essential ancillary facilities (changing rooms, shower facilities etc) that have been lost as a result of the use of the site as a school. In the light of the above, Sport England indicated that they require further information on the importance of the site in the context of the Ealing Sports Facility Strategy in order that it can be understood fully what the impact of the development might be. It is indicated that if the development were to be approved, arrangements would have to be made whereby the educational facility allows access to changing rooms/toilets and kitchen facilities at evenings and weekends so that the use of the playing field is not prejudiced by the development. This further information has been provided and Sport England have confirmed that: As the scheme does not retain/provide toilet and changing facilities to support the ongoing use of the playing field, Sport England maintains its objection. We would consider withdrawing this objection, were these aspects included within the scheme. Officers Response: Noted. The applicants have indicated that they would facilitate community access to the sporting facilities. However, the works carried out within the building have resulted in the loss of the previous changing room and shower facilities which used to be housed in the eastern end of the main pavilion building. The latest (November 2013) OFSTED report indicates that: The school has started to obtain quotations to put in place facilities for older pupils to shower after physical education but notes that: Whilst this is a positive step, until complete the requirement is not Page 9 of 19

10 Internal Consultation List met. However, without details of the facilities to be provided and given that no Community Use Agreement is in place, it is considered that the long term retention of the school use would not be acceptable. A temporary permission is considered appropriate in order to provide time to establish if the community access issue can be satisfactorily addressed and/or to allow time to revert the use of this site to a playing field with changing and shower facilities.. Environmental No objections. Services (Refuse) Officers Response: Noted. Leisure Services The Council s adopted Sports Facility Strategy states that: Facilities not currently in use include football and cricket pitches, pavilion with changing facilities and social space. The Council s aim is stated to be to reinstate the football pitches or alternative sports pitches and reopen the pavilion for community/club use, but this is identified as a medium term objective and low priority. It has been indicated that the Council is progressing well with a number of projects across the borough designed to bring grass sports pitches back into use to meet potential future demand for summer and winter sports facilities. It is therefore difficult to predict how important the Eversheds site will be in the context of ensuring enough good community football and cricket facilities are available to meet the expected demand by Therefore, ideally the ground should be a dual use site, with community access to the grass pitches and changing facilities outside curriculum hours. As stated in the Council s strategy, the need is for good quality pitches with ancillary facilities, so access to grass pitches must include also access to changing rooms. Officers Response: Noted. Regulatory Services - Pollution Indicate that noise complaints relating to the site have been received from neighbouring homes, with 3 complaints received in Consider that whilst this is a relatively small number of complaints, it does highlight a need for better control of noise. They have therefore requested that, should permission be granted, conditions be imposed to require the submission of details of noise attenuation measures. Officers Response: Noted. Appropriate conditions are recommended to be imposed should the Committee be minded to grant permission. Transport Services Object on the basis that, in view of the numbers involved and the nature of the access, it is likely that conflict would arise between both vehicles and pedestrians going to and from the site. The school use may also pose unacceptable extra demands on parking provision, leading to displacement of parking onto the public highway with a consequent increased risk to highway safety. Officers Response: The school has been operating from the site since July 2012 and no conflict appears to have arisen to date. No local residents have raised the issue of parking problems or displacement parking leading to highway safety issues. Page 10 of 19

11 Reasoned Justification: Principle of Development The main planning policy issue is considered to be the designation of the site as Metropolitan Open Land in respect of which there is a general presumption against inappropriate development. The London Plan confirms, in policy 7.17, that: The strongest protection should be given to London s Metropolitan Open Land and inappropriate development refused, except in very special circumstances, giving the same level of protection as in the Green Belt. It is therefore necessary to consider whether the development constitutes appropriate development in MOL terms and, if it does not, then whether there are any very special circumstances sufficient to outweigh any harm by way of that inappropriateness. The National Planning Policy Framework, at paragraph 89, indicates that: A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Exceptions to this are: buildings for agriculture and forestry; provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it; the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan; or limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development. At paragraph 90, the NPPF further states that: Certain other forms of development are also not inappropriate in Green Belt provided they preserve the openness of the Green Belt and do not conflict with the purposes of including land in Green Belt. These are: mineral extraction; engineering operations; local transport infrastructure which can demonstrate a requirement for a Green Belt location; the re-use of buildings provided that the buildings are of permanent and substantial construction; and development brought forward under a Community Right to Build Order. The re-use of the existing buildings could potentially be considered to be appropriate development in MOL terms, as long as the buildings are of permanent and substantial construction and that the development preserves the openness of the MOL and does not conflict with the purposes of including the land in the MOL, which are that it contributes to the physical structure of London by being clearly distinguishable from the built up area; it includes open air facilities, especially for leisure, recreation, sport, the arts and cultural activities, which serve either the whole or significant parts of London; it contains features or landscapes (historic, recreational, biodiversity) of either national or metropolitan Page 11 of 19

12 value; or, it forms part of a Green Chain or a link in the network of green infrastructure and meets one of the other previous criteria. The buildings have existed on the site for a period in excess of 50 years and are therefore considered to be of permanent and substantial construction. The development would not impact directly on the openness of the MOL as no extensions to the existing buildings on the site are proposed within this current application. With regard to possible conflicts with the purposes of designating the land as MOL the development is however considered to conflict with the criteria in relation to the provision of open air facilities for leisure, recreation and sport. The buildings on the site were provided for purposes generally ancillary to the use of the playing fields and their present use as a school, preventing their use for changing and showers, represents a conflict with MOL policy. The use of the buildings as a school is therefore considered to be inappropriate in MOL terms and represents a departure from development plan policy requirements. As such, it is necessary to consider if any very special circumstances exist which could be argued to outweigh the harm caused by way of this inappropriateness to the openness of the MOL. It is acknowledged that there is a shortage of school sites within the borough to meet existing demand and current Government guidance and relevant development plan policies are supportive of the provision of new educational facilities in appropriate sustainable and accessible locations. The school is already established having relocated from elsewhere in the borough and improvements are being put in place to meet educational needs. The long-term use of the site as a school however is not considered to be appropriate, especially if the issue of community access to the outdoor recreational facilities has not been resolved. Nevertheless, the temporary use of the site, in order to allow the Eden School to find a more appropriate site to meet their future needs, is considered to be acceptable as a temporary exception to MOL policy, whilst allowing the Local Planning Authority to consider the future use of the playing fields and associated ancillary facilities. Design, Scale and Siting The development utilises the existing buildings on the site, comprising the former sports pavilion, with first floor caretaker s accommodation, located close to the northern site boundary, the detached single storey workshop building (located to the west of the main pavilion building adjacent to the western site boundary) and the store building, located adjacent to the workshop building in the northwest corner of the site. No extensions to these buildings are proposed, but the structures have been, or will be, refurbished and altered internally and externally to provide educational accommodation. The submitted documentation indicates that the buildings have a total floor area of 950 square metres. The main pavilion building comprises a part single, part two-storey development constructed of external brickwork and a variety of full height and high-level windows. The structure has a flat roofed design, varying in height from 4 metres to 5.8 metres above ground level. The building is located 25 metres from the rear of dwellings in Southdown Avenue and about 4.8 metres from the northern boundary of the site with Elthorne Park. The detached workshop and store structures are pre-fabricated cement panelled single storey buildings, with heights of approximately 3 to 3.5 metres. The elevational changes carried out/proposed relate to the rearrangement of window and door openings to provide natural light to some of the new classroom areas. Other alterations are internal comprising the removal of the shower/changing room area and the internal partitioning of parts of the building to provide separate classroom areas. The siting and scale of the buildings are unaltered and the changes to the exterior do not have any material impact on their design and appearance. Page 12 of 19

13 Amenity of Users indoor & Outdoor (Amenity Space) At the time of the officer s site visit, whilst the school was in use, works were still being undertaken in the main pavilion building to create appropriate classroom areas. At that time a number of the rooms had no natural light and were relatively small and difficult to access. The main hall was being used for teaching purposes, with temporary moveable partitions being used to divide classes. The submitted plans show the provision of seven classrooms, with a separate nursery area in the northwest corner of the building, along with offices, stores, a staff room, kitchen and WC s. The proposed plans submitted show the detached workshop building being converted into a nursery unit, with a baby room (of 43.5 square metres) and a 2-3 year old nursery (of 69 square metres), along with staff, baby change and WC areas. The storage building is shown to be retained for storage purposes and the first floor caretaker s accommodation is shown to be retained as a staff flat. Whilst no details have been provided in the submitted documentation it was indicated during the site visit that a secure play area would be created for the nursery unit at the southern end of the workshop building and that the playing fields would be used by older children, although with the removal of the changing rooms and shower facilities it is not clear if any formal sporting activities will be provided for pupils. Whilst the accommodation at the site would not appear to be of a particularly high quality in some aspects, such as room sizes, lack of natural lighting and the use of some larger areas by several classes without appropriate subdivision, it is assumed that the quality of the facility would have to be assessed by OFSTED and would need to achieve adopted standards. The school has been the subject of two OFSTED inspections since it relocated from Northolt. The first, in February 2013, was an emergency inspection and was undertaken with no notice to check that the school was still complying with the regulatory requirements for independent schools and the statutory requirements for children in the Early Years Foundation Stage. This report concluded that: The move to new premises caused substantial upheaval for the school. The headteacher is fully aware that the subsequent upheaval of moving to new premises has been challenging in order to maintain the overall quality of education provided. She is fully aware of the current shortcomings of the premises and that there is a need to press-on with the required changes. The nursery has been temporarily closed and staffing has been reduced accordingly. While the new premises have the potential to be adequate, there is still much to do to enable the school to perform at the level judged at the previous inspection. The early stage of the move to new premises has hampered the school in maintaining the quality of its educational provision for pupils. Brief observations showed a lack of pace in learning, too little work in books of some older students and a failure to meet the assessment requirements for children in the Early Years Foundation Stage. The school has undertaken some preliminary adaptations to the premises and conducted appropriate health and safety and fire risk assessments, with some guidance from the local authority. However, some areas of the school, both outside and inside, while mostly not accessible to pupils, are untidy and potentially hazardous. The school does take some steps to minimise the risks but not enough to continue to meet all the requirements in this standard. There are no facilities for older pupils to shower after physical education and the facilities for pupils who are ill do not meet requirements. Page 13 of 19

14 Adequate training on safeguarding and child protection has been carried out at appropriate levels, including for the designated member of staff for child protection. Safety checks have been carried out on water and gas supplies and fire-fighting equipment. Although the school has a range of procedures to promote health and safety, including risk assessments, its policies do not yet fully reflect the current premises. In parts, they relate to procedures and arrangements at the school s previous accommodation. For example, this applies to the first-aid policy. While staff are suitably qualified in first aid, the provision of first-aid materials in the kitchen area is inadequate. The school is not maintaining attendance registers appropriately. The school does not have a written record of sanctions imposed for serious misbehaviour. The school carries out the required checks on the suitability of staff to work with children. However, it has not been diligent in ensuring that it accurately records the checks made on the single central register of staff. The temporary arrangements of some teaching areas, especially for older students in the main hall, mean that noise from neighbouring classes is distracting and has a detrimental effect on learning in these lessons. Teaching spaces for pupils in Key Stages 1 and 2 are adequate. Accommodation is adequate for Reception-age children and there is access to outdoor space, though this is not a secure area for them to play in. The school has access to a large grass area. The hard area outdoors is suitable for a few pupils at a time when the field is unsuitable. The February 2013 report therefore concluded that: The school requires improvement and must take action to meet The Education (Independent School Standards) (England) Regulations 2010, and associated requirements and The school must meet (3 requirements) of the Statutory Framework for the Early Years Foundation Stage. A further inspection was undertaken on 19 November 2013 at the request of the Department of Education. This report indicates that the appropriate regulations are still not being met and states that: The visit in February 2013 found that the school had undertaken some adaptations to the new premises, conducted appropriate health and safety and fire risk assessments and taken some steps to minimise risks to pupils. However, these were not enough to meet all the health and safety requirements. The school has made considerable progress in adapting and improving the premises, continuing to take advice from the local authority and the fire service. Improvements include the conversion of three rooms to specialist classrooms for teaching science, humanities and media studies, new central heating and new fire doors in the kitchen area. However, parts of these areas are unfinished, such as the flooring in the science room, and other potential health and health and safety hazards remain throughout the school. The school has started to obtain quotations to put in place facilities for older pupils to shower after physical education. Whilst this is a positive step, until completed the requirement is not met. The standards for provision of suitable toilet and washing facilities are no longer met. The separate male and female toilets in the main part of the school are not for the sole use of pupils, as required. The cubicle doors do not have usable locks and the doors of two are difficult to open and close. However, there are suitable toilets for the youngest children in the nursery part of the school. The school has provided new and appropriate accommodation for the examination and/or care of injured or unwell pupils, with an adjacent shower, hand basin and toilet facilities. Due to incomplete replacement of the flooring, it is not currently in use and, until operational, this and the standard for first aid remain unmet. New partitions have been put in place to provide clear designation for three high Page 14 of 19

15 school and two Key Stage 2 teaching areas in the large hall and side area. These provide some acoustic protection but noise from adjacent teaching areas is distracting and at times has a negative impact on pupils learning. The last visit found that the outdoor space was not a secure area for the Reception children to play in. This has been rectified with temporary fencing. No further work has been carried out on the outdoor area but pupils are set to work with external consultants to plan the development of the large grass area. Whilst the school at present only has 52 pupils, it has been indicated that it is the intention to expand pupil numbers to 110 to 150, comprising 60 to 90 three to eighteen year olds and 50 to 60 nursery pupils (3 months to 3 years old). Staffing numbers are indicated to be 12. Policy 3.18 of the London Plan indicates that; Development proposals which enhance education and skills provision will be supported, including new build, expansion of existing facilities or change of use to educational purposes. The policy further states that: In particular, proposals for new schools should be given positive consideration and should only be refused where there are demonstrable negative local impacts which substantially outweigh the desirability of establishing a new school and which cannot be addressed through the appropriate use of planning conditions or obligations. On balance, therefore, it is considered that the quality of the accommodation, subject to any changes required to meet adopted Government standards, either is, or could be made to be, acceptable. Impact on Residential Amenities of Adjoining Properties The main implications of the development on neighbouring amenity are considered to be the effect of the noise associated with the use on the amenities of the occupiers of dwellings backing onto the site, and parking and traffic generation issues, associated with the use. The authorised use of the site is as a sports ground with associated pavilion facility and this development was not subject to any hours of use constraints through the planning permission. However, the sports pitches were not floodlit so this would limit the potential to use these outdoor facilities during winter evenings. In terms of the activities within the buildings on the site, however, it is considered unlikely that the educational use would have any greater impact on neighbouring residential amenity than the authorised sports facility use in terms of noise generation. However, the comings and goings of pupils and staff to the site, including vehicle movements, could be more regular and intensive than that associated with the previous use, although this activity is on differing days and times. The site has a single pedestrian and vehicular access from Wyke Gardens, via Southdown Avenue, a residential street which runs parallel to Boston Road. Access from Boston Road is available at two points, via Westlea Road to the north of the site and via Wellmeadow Road to the south of the site. The site also lies in close proximity to Elthorne Park High School which is located off Westlea Road, approximately 280 metres to the northwest of the application site. The submitted application form indicates that the application site has 10 on-site car parking spaces, but the site visit revealed that the site has the potential to accommodate at least 32 spaces if necessary on the hardstanding areas at the front of the site. The site is also located some 6 minutes away from Boston Manor underground station and there are four bus stops within 8 minutes walking time from the site. Page 15 of 19

16 Although the latest OFSTED report indicates that the school currently (as at 19 November 2013) had only 52 pupils, aged from 2 to 17 years, and that nine pupils are of Nursery and Reception age and that there were 26 secondary-aged pupils, the submitted Design & Access Statement states that: The school presently accommodates 120 children but that is likely to increase to a maximum of 240 over the coming years. The general catchment area is Northolt, Ealing, Hanwell, Southall and Hounslow whereby the vast majority of students travel to school on the variety of bus and tube line services that serve the area. The school operates on a five day a week basis, generally observing the London Borough of Ealing school holiday diary. The nursery element operates between the hours of 08:00 and 18:00 whilst the primary school works between 08:50 and 15:00 and the high school between 08:50 and 15:30. There are twelve members of staff, of which five travel to school in motor vehicles whilst the remainder use public transport. The Council s Transport Development team have considered the details of the proposal and have stated that: The development would introduce a facility for 110 pupils in an area where public transport is not immediately accessible. The car park would provide some 12 spaces. However, in view of the numbers involved and the nature of the access, it is likely that some conflict would arise between both vehicles and pedestrians going to and from the site. Also, the proposed new use would pose unacceptable extra demands on parking provision, leading to displacement of parking onto the public highway with a consequent increased risk to highway safety. Whilst these concerns are noted it is relevant to consider that the use of the site as a school commenced in January 2013 since when planning officers have not been made aware of any issues in respect of displacement parking or pedestrian/vehicular movement conflict as a result of the use. Local residents who have submitted representations have not raised any parking or highway safety issues in respect of the use, but have stated that such issues may occur in the future, if and when student numbers increase. The current lack of any parking or highway safety issues may indeed be linked to the current low level of pupil numbers but it would appear that at present the majority of staff and pupils use other means of transport to private motor vehicles. A Transport Assessment has been submitted by the school which indicates that on the day the survey was undertaken there were 114 movements to and from the site and that 62 (or 54%) were by foot/public transport; 8 (or 7%) were by foot only; and 44 (or 39%) were by car. The highest level of car movements noted were 9 per hour in the periods 07:00 to 08:00 and 17:00 to 18:00. On balance, therefore, it is not considered that the current level of usage has resulted in any detrimental impact to neighbouring residential amenity. The site would appear to be well managed and vehicle movements relatively low. The on-site parking provision, which is shown on the plan attached to the Transport Assessment, of 12 car parking spaces, plus 3 drop-off spaces, would appear to be adequate to meet current demand. Page 16 of 19