Meeting documents

Issue / Notes

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Educational

In this section we deal with the suitability of each site and the potential effect on St John's and other schools

The site is large enough and suitably laid out to accommodate a 315 place primary school.

Approximate number of Pupils < 0.75 mile of the site by

Walking Route (20) Direct line (70)

Other Schools

The site is within 0.2 miles of St Philip's CofE VC Primary School and within 0.3 miles of St Martin's Garden Primary School.

The site is large enough to accommodate a 315 place primary school although in order to provide a grass playing field multi-storey design solutions will be required. Alternatively an all-weather pitch will allow a single-storey solution.

The site measures 0.89 ha. This represents 60% of the recommended site area. A further 980 m2 may be available by using the Presbytery garden making a total potential site area of approximately 0.99 ha. This is 67% of the recommended site area.

N.B. Acquisition of the Wansdyke Business Centre will allow a single-storey school with a grass playing field on a site which is 89% of the recommended site area and 97% of the minimum site area.

Approximate number of Pupils < 0.75 mile of the site by

Walking Route (55) Direct line (90)

Other Schools

The site is 0.26 miles from Oldfield Park Junior School. N.B. The annexe site accommodates only infant children at present. Moorlands Infant and Junior Schools are 0.28 miles away.

The site is large enough and suitably laid out to accommodate a 315 place primary school.

Approximate number of Pupils < 0.75 mile of the site by

Walking Route(19) Direct line (23)

Other Schools

The site is within 0.75 miles of St Philip's CofE VC Primary School and 0.62 miles of St Martin's Garden Primary School. The site is 0.35 miles from St Gregory's Catholic College.

Issue

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Financial

In this section we look at the financial impact on the Council.

In all cases the land on which the school is constructed will be transferred to the Trustees. Should the school close at some point in the future provision is made to ensure the Authority's interests are protected.

No purchase costs will be incurred.

The costs of replacing existing facilities, such as pitches, changing rooms and car parking may need to be met by the Council. This is dependent on the precise location of the school and, at this stage, these costs are unquantifiable.

The land is owned by the Diocese of Clifton. Attention is drawn to the initial and informally expressed view of the Diocese who have stated that, should the Council commit to the acquisition of the WBC then the St Alphege's site will be donated by the Diocese.

Costs of improving the local road network, improving access to the site, meeting planning conditions related to the setting of the listed building on site and other matters may be incurred. At this stage these costs are unquantifiable

N.B. Should the Wansdyke Business Centre be required then costs in excess of £1 million are anticipated. Further details are in Appendix 6. This appendix contains exempt information.

No purchase costs will be incurred.

Depending on precise location of the school there are likely to be costs incurred in improving the local road network, resolving access problems and reorganising the Park & Ride site. At this stage these costs are unquantifiable

Issue / Notes

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Transport

Home to School Transport is provided on denominational grounds for children aged between 4 and 8 who live more than 2 miles from the school and for children over 8 who live more than 3 miles from the school.

Home to School Transport

Approximately 35 pupils would be eligible for home to school transport if the school were located at Odd Down Playing Fields

Est. annual transport cost:: £40 k

Home to School Transport

Approximately 35 pupils would be eligible for home to school transport if the school were located

a the St Alphege's site

Est. annual transport cost: £40k

Home to School Transport

Approximately 70 pupils would be eligible for home to school transport if the school were located

at the Odd Down Park and Ride site

Est. annual transport cost: £54 k

Issue / Notes

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Environmental

A school of 315 places will require a minimum site area of 1.36 ha and a maximum of 1.6 ha. Good practice is to aim for the mid-point between these figures which equates to 1.48 ha. Percentages refer to a comparison with this mid-point.

The site measures 14.28 ha. The required site for a school will take 10.3 % of the site.

There is no known contamination of the land.

There is no known previous history of mine workings or other potentially incompatible former use.

The site measures 0.89 ha. The required site area will take 100% of the land. A further 980 m2 may be available by using the Presbytery garden making a total potential site area of approximately 0.99 ha. A school on this larger site will still require 100% of the land.

There is a long history of industrial use of the WBC site and it would be necessary to carry out a full site investigation to determine if the site is contaminated.

There is no known previous history of mine workings or other potentially incompatible former use.

The total Park & Ride site measures 11.71 ha. Of this, 6.31 ha is unused and it is within this area that the school would, in all likelihood, be located. A school of 315 places requires 1.5 ha. This represents 24% of the unused site area.

Contamination of the land is almost certain.

A previous history of mine working exists in the area

Issue / Notes

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Planning

This section deals with Development Control / Planning Policy / Highways matters

Planning Policy

There are policy objections to development on open spaces. Policy LR3 of the Bath Local Plan applies. Development would contravene Policy SR1 "Protected Land of Recreational Value" and Policy BH15 "Visually Important Open Spaces" in the emerging Local Plan. Need to demonstrate that there were no other more suitable sites available. Proposals would attract an objection from Sport England unless alternative provision for any loss of playing pitches were put forward. Site has capacity for 10 full size football pitches, 1 rugby pitch and during the summer, 4 cricket squares. During the football season 20 / 30 matches are played each month necessitating the use of 7 or 8 pitches. 90% of pitches are block booked by Bath & District Football League. Occasional bookings by Beechen Cliff and Culverhay schools. Nearly all fixtures are played at weekends in daylight hours. In summer there are bookings for cricket matches (36 matches in 2004 played mainly at weekends but also on weekday evenings. The site is outside of the Conservation Area (although its abuts the northern, eastern and part of western site boundary) but it is within the boundary of the World Heritage Site.

Planning Policy

Part of the site is allocated in the Local Plan as a site for primary school purposes.

The Wansdyke Business Centre is protected in the Joint Replacement Structure Plan (Policy 30) which states that existing employment sites are to be retained unless "an alternative use or mix of uses offers greater potential benefits to the community and the site is not required to meet economic development or local employment needs" Similar wording appears in the Revised Deposit Local Plan under Policy ET1 D.

These matters will need to be the subject of commercial assessment by an independent expert.

The site is in the Green Belt and the Council would need to refer the proposal to the Secretary of State as it would be a departure from the Development Plan. It would be necessary for very special circumstances to be demonstrated to warrant overturning established policy. The Council may decide that the use of other sites was unsuitable because they would result in the loss of open space and/or playing fields, then this might constitute very special circumstances for the purpose of the policy. The Council would need to state that protection of open spaces within the urban area outweighs a further encroachment in the Green Belt by the reorganisation of the Park and Ride site.

Issue / Notes

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Planning continued

Development Control

The site is a very large flat site with an existing access and good links to the main highway network.

Whilst it is relatively exposed from more distant views from the east, it is large enough for some meaningful landscaping to be provided to screen any development.

The Local Planning Authority (the Council) will need to have regard to the history of the site, where other development proposals have been rejected because of the loss of open space, but the competing statutory requirement for the Council to provide a site for the school is itself a material consideration that sets this potential scheme apart from those previously rejected.

Development Control

This linear site is located close to residential properties, but is not visually prominent beyond immediate surroundings. Design would need to demonstrate that the proposals can be accommodated without adversely affecting the amenities of residents, and will need to explain the intentions regarding the existing church and(possibly) allotments. A contaminated land report will be necessary because of the previous uses(adjacent former railway line) and possibly in respect of the of the Business Park uses.

This site fronts directly onto Oldfield Lane which could provide safe pupil drop off and access to the school. The linear park footpath and cycleway is also close by. Due to the restricted nature of the site, any space available for staff and visitor car parking will be very limited.

Care would be needed regarding the relationship between the development and the adjacent Linear Park, which is a protected Wildlife Site and Open Space.

Development Control

The site is in a relatively accessible location with good access and parking available close by.

Design would need careful consideration on this relatively exposed site which is close to the boundary with an Area of Outstanding Natural Beauty and any landscaping proposals would need to be closely related to the form of development.

Issue / Notes

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Planning continued

Highways

Frome Road is traffic sensitive, subject to congestion and its signal junction at Bloomfield Road is at or around capacity. Already committed development will add to traffic in this area. Wellsway is also traffic sensitive. Alternative routes into the area are available. Bloomfield Road is narrow in places and suffers from on street parking. In its current form the existing access would not be adequate to serve additional development. Improvements will depend upon the availability of adjacent land. This area does have some public transport provision although it is not on the showcase bus route. A travel plan would be required. Relocation to an edge of City site is likely to increase the need to travel for both staff and pupils. Where school attendance is based around denominational issues catchments can be wider than one might normally expect.

Highways

A full transport impact assessment will be required.

The existing site is favourably located to maximise travel by sustainable means other than the private car.

A robust travel plan will be required which deals with pupils and staff travel and regular visitors to the site.

Coaches attracted to the site associated with daily, as well as occasional travel will need to be accommodated within the development, ie to maximise highway safety.

The school is in an area already suffering from parking demands which outstrip supply and proposals which deal with potential congestion which may result from the intensification of this site will need to form a part of the proposal.

Some alterations to the public highway may be required but I am unable to be specific at this stage.

Highways

The Transportation and Highways Service has identified a need for this area to be safeguarded in conjunction with the Transport Strategy for the management of traffic and parking within the City and there would be an objection in principle to the loss of this site. Roads leading to the site are traffic sensitive. Comments on Odd Down Playing Field also apply here in relation to capacity of local roads, levels of development planned in the area and the general point regarding relocation to an edge of City site particularly where a school draws from a faith community. Any proposal would have to be accompanied by a Travel Plan. It is difficult to see how a Travel Plan could deliver a sustainable development at this location, and in this regard the proposal could be considered to be contrary to policy. No comment on access issues at present.

Issue / Notes

Odd Down Playing Field

St Alphege's

Land at Park & Ride, Odd Down

Legal

This section deals with covenants, bye-laws, land ownership.

Owned freehold

Benefits from a right of way over adjacent neighbouring land to the east

Covenant to erect and maintain boundary fences

Bye-laws prohibit dogs from the site.

Comment from Legal Services

The St Alphege's site is owned by the Diocese of Clifton.

Wansdyke Business Centre is in private ownership and information is being sought on the legal title which will establish any restrictions on use which may be relevant.

Owned freehold,

Subject to covenants until October 2008

Subject to rights for the benefit of the neighbouring land. Including rights of entry for inspection/maintenance/construction/connection etc. of footpaths, buildings, walls, roads, sewers, service installations. Granted when neighbouring land sold to Crest Homes in 1993.

Also subject to right of access with and without vehicles for the purpose of developing the Estate. There is a proviso that this right should only be exercised if no other access can be gained and that it must not interfere with the use or enjoyment of the property. (Note - presumably this is now redundant if the estate has been developed.)

Subject to an easement granted to South Western Gas Board to lay and thereafter maintain a gas main. NB The gas main runs along the boundary with the Fosse Way.

Covenant not to develop or use as anything other than a park and ride without the consent of Crest Homes plc. This covenant is for the benefit of Crest Homes only unless they expressly assign it. There are provisos:

No consent required after 2008.

No consent required for development in Use Classes other than A, B, C1, C3, D2(a)-(d) and of a commercial nature

Where consent is required it will be given if planning consent is granted and payment made to Crest Homes being a % of uplift value

Not to be developed as a football ground in substitution for the adjacent one

Covenant not without consent until 2008 to use the property for access to and from any other land nor to construct any road or path which if adopted as a public highway would facilitate such use with provisos:

Consent will be given where Crest Homes approves the amount being paid to a third party

Consent will be given where the uplift % above has been paid

Crest Homes has the right to withhold consent in connection with part of the land

Covenant not to use as a caravan park or as a site for itinerant families

Covenant not to allow poisonous/noxious/ deleterious etc. substance into sewers, service installations,

Covenant to indemnify for loss caused by breach of any of the above covenants

Subject to an agreement dated 09 March 2000 between the Council and Scenic Maps (Bath) Ltd granting consent for 7 years to erect an information map. Terminable on either side by giving 12 months' notice.

No known bye-laws