Address:

Hampstead Cricket Club Lymington Road London NW6 1HZ 2012/0162/P West Hampstead 16/12/2011 Officer: Eimear Heavey

Application Number: Ward: Date Received:

Proposal: Erection of two-storey building to provide temporary classroom accommodation (Class D1) with ancillary electrical substation and plant, cycle parking and landscaping, and change of use of existing indoor sport and recreation building (Class D2) to combined education (Class D1) and indoor sport and recreation (Class D2).

Drawing Numbers: Site Location Plan; (A/SHHS_ ) 3501 Rev B; 3502 Rev E; 3504 Rev F; 3505 Rev C; 3506 Rev G; 3507 Rev B; 3508 Rev A; 4200 Rev C; 4201 Rev A; Transport Statement by Vectos dated December 2011; Planning Statement by Savills dated December 2011 ; Tree Survey by Forbes-Laird Arboricultural Consultancy dated December 2011; Design and Access Statement Rev E by Savills dated 18th January 2012; and Noise and Vibration Survey by Ramboll dated 14th December 2011. RECOMMENDATION SUMMARY: Grant Conditional Permission subject to S106 legal agreement Applicant: Agent: Girls Day School Trust Sarah Beudan Hampstead Cricket Club 25 Finsbury Circus Lymington Road London London EX2M7EE NW6 1HZ ANALYSIS INFORMATION Land Use Details: Use Use Description Class Existing D2 Assembly and Leisure D2 Assembly and Leisure Proposed D1 Non-Residential Institution Parking Details: Parking Spaces (General)

Floorspace 933m 2794m

Parking Spaces (Disabled)

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OFFICERS REPORT Reason for Referral to Committee: This application is reported to the Development Control Committee because it is a Major Development relating to more than 1,000 sqm of non-residential floorspace [clause 3(i)] and is subject to a Section 106 legal agreement for obligations outside the scheme of delegation [clause 3(vi)]. The application is a Major Development as defined by the Department of Communities and Local Government. The application therefore needs to be determined within 13 weeks from the date of submission, on or before 27th April 2012. 1.0 1.1 SITE The application site comprises the existing Lymington Road Sports Grounds which are located west of Finchley Road and east of West End Lane. The sports grounds are owned by a registered charity, the Girls Day School Trust (GDST) who in turn lease the playing fields to Hampstead Cricket Club and the Cumberland Lawn Tennis Club. The sports grounds form a triangular shaped area of designated Private Open Space and are situated in a predominantly residential area. Alvanley Gardens forms the eastern boundary of the site; Crediton Hill is located to the west of the site whilst the southern boundary of the site is formed by Lymington Road. This application specifically relates to use of the south west corner of the site The south western corner of the site encompasses the existing sports pavilion, which is associated with Hampstead Cricket Club, 2 hard surfaced tennis courts, 3 Astroturf tennis courts and a 2 storey squash court. The site itself does not contain any listed buildings nor is it located within a Conservation Area, however, the West End Green Conservation area includes the properties and rear gardens on Crediton Hill which form a boundary with the application site. The site has a Public Transport Accessibility Level (PTAL) level of 6a (excellent). This is mainly due to the sites close proximity to Finchley Road and West End Lane, both offering access to local railway and bus services. BACKGROUND TO THE PROPOSAL On 4th February 2011 planning permission (Ref: 2010/5482/P) was granted, subject to conditions and a S106 legal agreement, for redevelopment of South Hampstead High School at 1 3 Maresfield Gardens. This proposal will involve the construction of a new three and four storey school building, plus two storey basement and a covered walkway, following the demolition of 3 Maresfield Gardens, 31 College Crescent and the stair towers of the Waterlow Building.

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Construction of the new school buildings is scheduled to begin this summer (2012) and will continue until summer 2014. In order to enable the school to operate fully during the construction period it is proposed to decant approximately two-thirds of the school (up to 500 pupils) to temporary modular buildings on the Lymington Road Sports Grounds, for a period of 2 years. Following this, the school will vacate the temporary accommodation and all of the modular buildings will be removed from the site in their entirety and the land re-instated as private open space. As mentioned above, the GDST are the freeholders of the Lymington Road Sports Grounds and currently lease the playing fields to Hampstead Cricket Club and the Cumberland Lawn Tennis Club. THIS PROPOSAL This application proposes the erection of a two-storey building to provide temporary classroom accommodation (Class D1) and the change of use of the existing indoor sports pavilion/club house (Class D2) to combined education (Class D1) and indoor sport and recreation (Class D2). Cycle parking, landscaping, waste/recycling and plant are also proposed as part of the proposal. Additionally, in order to allow for the extent of modular accommodation necessary for the school, it is proposed to demolish the existing squash courts. The existing squash courts, although still functional, are considered to be dilapidated and planning permission was granted earlier this year (Ref: 2012/0041/P) for their replacement, on the same footprint. The proposed two storey modular buildings will allow for 2,794sq metres of temporary classroom accommodation for the GDST (up to 500 pupils) and it will be erected on the site of the two existing hard surfaced tennis courts and on the site of the (demolished) squash courts. The accommodation will run parallel with Lymington Road and its exterior will be prefabricated panels clad in coated metal, painted timber and natural chip marble in a light grey colour. Pupils would access the new accommodation via a widened pedestrian access gate off Lymington Road. Staff would be able to access the new classrooms via the new pedestrian access gate or via the existing main access off Lymington Road. This main vehicular access will not be available for pupil pick up or drop offs and will only be used for servicing and existing arrangements associated with coach pick up and drop off. There is some existing car parking on the site, this is already used by staff of the GDST, it is not proposed to increase this, however, 2 disabled parking bays are to be provided. RELEVANT PLANNING HISTORY PW9902597: Planning permission was refused (and appeal dismissed) in Feb 2001 for a masterplan for the SW corner of site incorporating: a) erection of swimming pool building attached to existing clubhouse on Lymington Road frontage; conversion of clubhouse to changing room facilities and plant plus associated alterations; rearrangement of carpark and vehicular entrance, plus associated landscaping, pergolas and fencing; relocation of 2 tennis courts with floodlighting

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and demolition of squash court building; b) NE corner of site: erection of 2 storey side extension to clubhouse on Alvanley Gardens frontage, to incorporate 2 squash courts, changing room facilities, bar and terrace; erection of second floor rear extension to function room and installation of new roof terrace at its rear, plus associated alterations; demolition of bungalow and relocation of vehicular entrance; erection of cricket viewing pavilion on sports pitch. 4.2 2010/5482/P: Planning permission granted in Feb 2011 for redevelopment of South Hampstead High School at 1 3 Maresfield Gardens comprising a new three and four storey school building, plus two storey basement and alterations to Waterlow Building and covered walkway, following the demolition of the existing buildings at 3 Maresfield Gardens, 31 College Crescent (Moon & Sixpence) and stair towers of the Waterlow Building. (Use Class D1). 2012/0041/P: Planning permission granted in Feb 2012 for erection of single-storey building with monopitched roof adjacent to Lymington Road to provide an indoor squash court (following demolition of existing squash court building) (Class D2). 2012/0776/P: Installation of additional cricket practice net (adjacent to existing) within club grounds. The application is recommended for approval. 2012/0777/P: Erection of single-storey storage facility (following removal of existing single-storey storage facility). The application is recommended for approval. CONSULTATIONS Councillor Moffitt Objection Sport England With regard to the erection of the two storey building to provide temporary classroom accommodation Sport England are satisfied that there will be no long term harm to sport and recreation provision and consequently, no objection is made to this aspect of the proposed development. However, we would request that any planning permission should have a limited time period of 2 years from the date of occupation and therefore a planning condition should be imposed on any planning permission requiring the temporary classroom accommodation to be removed at the end of the period and for the site of the proposed development to be subsequently restored to tennis courts use. The imposition of this condition is justified as this would help ensure that the impact of the development on the existing tennis courts is not permanent. With regard to the change of use of the existing indoor sport and recreation building to combined education (Class D1) and indoor sport and recreation (Class D2) Sport England are satisfied that there will be no long term harm to sport and recreation provision and consequently, no objection is made to this aspect of the proposed development. However, we would request that any planning permission should have a limited time period of 2 years from the date of occupation and therefore a planning condition should be imposed on any planning permission requiring the temporary change of use to cease at the end of the period.

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Sport England object to the demolition of the existing squash courts and state that the replacement squash court has not been submitted for consideration as part of this application. Officer Response: It should be noted that planning permission was granted in Feb 2012 for erection of replacement squash courts (see para. 4.3).

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Environment Agency State that the main flood risk issue at this site is the management of surface water run-off and ensuring that drainage from the development does not increase flood risk either on-site or elsewhere. They recommend the surface water management good practice advice is used to ensure sustainable surface water management is achieved as part of the development. Thames Water With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Thames Water have also noted that with regards to water infrastructure, they have no objection to the planning application. Adjoining Occupiers/Occupiers Site notices and press notice A total of 4 site notices were erected on 31/01/12 publicising this application, two on Lymington Road and two on Alvanley Gardens. Site notices were taken by the Council officers who erected the notices, however, a number of residents phoned to say there were no notices on display. In light of this a further four notices were displayed from 23/02/12 to 15/03/12. The application was also advertised in the Ham and High on 09/02/12. Neighbour Notification letters The Council sent out 282 neighbour notification letters on 02/02/12, however due to an administrative error many of these letters did not leave the Council building until 10 days later. When the planning department became aware of this, a decision was taken to re-consult all of the neighbouring properties; a further 282 letters were sent on 16th February 2012. One resident contacted the planning department a number of times to she they had not received their letter, in total 4 letters were sent to the occupier of this property, the last being on 08/03/12. The consultation period formal ends on 25/03/12. It is noted that the website states consultation expires 10/04/12; the last consultation sent was to an internal consultee on 20/03/12, they have already provided comments.

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Number of letters sent Number of responses received Number of electronic responses Number in support Number of objections 5.10

Total 282 23 11 2 21

Petition The total number of responses received does not include a petition which was submitted on 13/03/12. The covering letter to the petition states that it has 91 signatories but some of those people who signed it had already submitted their own objections to the scheme, thus bringing the number of signatories down to 79. Objections The main concerns raised by neighbouring properties are summarised as follows: Amenity Issues The noise survey is of no value as it measures traffic noise from Lymington Road and train noise from the Overground line which runs parallel to and behind the Lymington Road estate; It fails to measure the potential excess noise from 500 pupils; The survey is further flawed by the construction of the Jewish Community Centre at the end of Lymington Road; The ambience of the neighbourhood will be greatly diminished by the arrival of 500 pupils; Excessive noise from new pupils; and The buildings will overlook our rear garden and windows to bedrooms, kitchen and lounge. Transport Issues Transport statement is flawed In the Transport Statement, the number of extra cars during peak periods is based on uncorroborated or incorrect assumptions; Impact of construction of new Jewish Community Centre has been ignored; The assumptions in the planning application documents do not provide a sound basis for making a decision regarding transport impact of the proposal; Traffic and parking chaos; Parking is already a nightmare; Crediton Hill is a rat run already and is dangerous; The junction of Lymington Road and West End Lane is already a point of gridlock; All new developments are car capped and as such this proposal should be resisted; Parents will drop their children off at school and will not use public transport; and Would affect emergency services. Design Issues Insensitive, unsightly proposal and would scar the landscape; and

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Sets a precedent for further development of this kind.

Other Issues There is a hidden agenda here and a more permanent proposal will come forward; The change of use of the pavilion will be permanent; The construction of the school can still take place whist the pupils remain there, it will just take longer; The applicants have failed to demonstrate the need to build on open space; Impact on foundations of neighbouring properties; Steamroller attitude of the school to the concerns of local residents; and No benefit to the community. 5.12 Those who support of the proposal state that: anything which benefits children and young people is an advantage to the area; the eventual improvement to the cricket club will be worth the short term disruption; the cricket club is very inclusive and it is very important to have such facilities available to local people. POLICIES The National Planning Policy Framework 2012 The London Plan 2011 Local Development Framework (LDF) Core Strategy and Development Policies 2010 Core Strategy Policies CS1 Distribution of growth CS4 Areas of more limited change CS5 Managing the impact of growth and development CS8 Promoting a successful and inclusive Camden economy CS10 Supporting community facilities and services CS11 Promoting sustainable and efficient travel CS13 Tackling climate change through providing higher environmental standards CS14 Promoting high quality places and conserving our heritage CS15 Protecting and improving our parks and encouraging biodiversity CS18 Dealing with waste and encouraging recycling CS19 Delivering and monitoring the core strategy Development Policies DP15 Community and leisure uses DP16 The transport implications of development DP17 Walking, cycling and public transport DP18 Parking standards and the availability of parking DP20 Movement of goods and materials DP21 Development connecting to the highway network DP22 Promoting sustainable design and construction. DP23 Water DP24 Securing high quality design

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DP25 Conserving Camdens heritage DP26 Managing the impact of development on occupiers and neighbours DP28 Noise and vibration DP29 Improving access DP31 Provision of, and improvements to, public open space and outdoor sport and recreation facilities. DP32 Air quality and Camdens Clear Zone. 6.4 7.0 7.1 Camden Supplementary Planning Guidance 2011 ASSESSMENT The principal consideration material to the determination of this application are summarised as follows: Temporary Planning Permission; Land use; Design; Residential amenity; Transport and access; Sustainability; Trees and landscaping; and Other issues.

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Temporary Planning Permission Section 72 (1)(b) of the Town and Country Planning Act 1990 gives the Local authority powers to impose conditions requiring that a use be discontinued or that buildings be removed at the end of a specified period. However, this power can only be used when permission is granted for the development and when the undertaker has given consent to discontinue the use or remove the buildings in question. Additionally, Circular 11/95 (Use of Conditions in Planning Permission) gives advice on deciding whether a temporary permission is appropriate. Firstly, it is stated that it will rarely be necessary to give a temporary permission to an applicant who wishes to carry out development which conforms with the development plan. This is basically saying that if a proposal conforms with the LDF then there should be no reason not to grant planning permission permanently. Secondly, it is stated that it is undesirable to impose a condition requiring the demolition after a stated period, of a building that is clearly intended to be a permanent structure. Thirdly, the advice states that the reason for granting a temporary planning permission can never be that a time-limit is necessary because of the effect of the development on the amenities of the area. Where such objections to a development arise, then they should be met by conditions which safeguard the amenities of the area. If this is not possible then planning permission should be refused. In effect, this means that a temporary permission will normally only be appropriate either where the applicant proposes temporary development, or when a trial run is necessary in order to assess the effect of the development on an area.

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The advice also states that where a proposal relates to a building or use which the applicant is expected to retain or continue only for a limited period, whether they have specifically volunteered that intention or because it is expected that the planning circumstances will change in a particular way at the end of that period, then a temporary permission may be justified. Notwithstanding this, the guidance also states that a second temporary permission should not normally be granted and will only ever be justified where highway or redevelopment proposals have been postponed. In terms of this proposal, it is clear from their application form that the applicants, the Girls Day School Trust (GDST) seek permission for temporary accommodation on the site and for the temporary change of use of the sports pavilion. The reference to the temporary aspect of this development is also evident throughout their supporting documents and plans. The GDST have also stated in their documentation, that following their departure from the site after two years, the temporary accommodation will be removed from the site and the private open space will be reinstated, along with enhancement works undertaken to the tennis courts. In their justification statement it is stated that, if the whole school continued to operate from the Maresfield Gardens site, the storage capacity on site for demolition and piled material along with construction materials would be significantly limited. It is also stated that during the middle phase of construction there would be no external open space available. In seeking to utilise the Lymington Road sports grounds, the GDST estimate that construction time for the redevelopment of their main campus will be reduced to 2 years. In addition to this, the frequency of vehicles required to load the demolition piling material would be significantly lower as a result, therefore causing less congestion in this area. The fact that the applicants themselves have proposed a temporary development of two years, coupled with the fact that they expect the planning circumstances to have changed by the end of this period (i.e. their new school will be built by 2014) and that they have given their consent to remove the buildings and reinstate the open space area when they vacate the site, is in clear accordance with the Town and Country Planning Act 1990 and with the guidance outlined in Circular 11/95. The proposal will therefore be considered in terms of a temporary permission for a period of two years - there is no element of this scheme which is seeking permanent planning permission. Land Use The Lymington Road Sports Grounds are a designated area of Private Open Space (policy CS15) and consist of tennis courts, cricket pitches and squash courts which are leased by the GDST to Hampstead Cricket Club and Cumberland Lawn Tennis Club. Although the proposed development is temporary, the principle of development on an area of private open space is still relevant. The National Planning Policy Framework which was published in March 2012 replaces the former PPGs and PPSs including PPG 17 (Planning for open space,

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sport and recreation). The thrust of the guidance in the NPPF remains largely the same as PPG17, that existing open, sports and recreational buildings and land should not be built on unless the space is surplus to requirement, the loss would be replaced by equivalent or better provision or the development is for alternative sports and recreational provision. The protection of open space is also supported by Policy CS15 of the LDF. 7.12 The main fact that needs to be taken into account in this case is that the loss of open space in this case is only temporary and in the long term there will be no loss to provision. The lost space includes 2 tennis courts and the squash courts both of which are to be reinstated once the temporary classrooms have been removed. The existing hard surfaced tennis courts, albeit still in use, are not in particularly good repair and permission has already been granted to demolish and rebuild the squash courts (see planning history 4.3). The building will not interfere with the cricket pitches. The proposal will not detrimentally compromise the operations of the cricket or tennis clubs as they will still have the vast majority of their facilities in place, furthermore they will benefit from improved facilities in the long term. As this proposal is for temporary use of open space and will not result in an overall decrease of private open space, and the existing recreational facilities will be improved in the long term there is not considered to be any policy conflict with CS15 or the NPPF. Erection of Educational Facilities on the site The temporary school accommodation is proposed on the site of the 2 existing hard surfaced tennis courts, along with the site of the (demolished) squash courts, in the south western corner of the sports grounds. The proposed development will allow for approximately 2,794sq metres of temporary classroom accommodation in the form of classrooms, music room, IT room, art rooms; workshop, graphics room and meeting rooms. Policy CS10 of the LDF seeks to support the provision of educational facilities. In this case the proposal would ensure the continued provision of good quality educational facilities during the period of construction at the Maresfield Gardens site. It will facilitate the improved permanent facilities being delivered in a timely fashion. It is therefore considered that the proposal contributes to the aims of Policy CS10. Change of use of the sports pavilion The proposed change of use of the existing sports pavilion/club house from a Class D2 use to a combined education and indoor sport and recreation facility (Class D1/D2) is necessary in order to facilitate use of this building for education based activities by the GDST on weekdays, whilst allowing it to continue to be used for sports based facilities by Hampstead Cricket club outside of school times. The principle of temporary uses was set out in 7.2 above and as the proposed change of use will not compromise the running of the Hampstead Cricket Club in any way, no objection is raised to the combined use of it for a period of 2 years. It is noted that the building will revert to Class D2 use after two years. Design Issues The proposed accommodation will consist of a two storey modular building which will be assembled on site and will run parallel to Lymington Road for approximately

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90 metres. The accommodation will be approximately 6.8 metres in height and 16 metres wide and will accommodate up to 500 pupils. The exterior of the proposed buildings will be prefabricated panels clad in coated metal, painted timber and will be light grey in colour. The existing 1.8 metre high fence will remain but the existing pedestrian gate off Lymington Road will be widened to 1.5 metres to allow for ease of access. Concerns have been raised about the possibility of structural problems to the foundations of neighbouring properties as a result of this proposal. Due to the fact that the buildings proposed are lightweight, modular buildings and will not require exceptionally deep foundations and are set some distance from neighbouring properties it is considered that the structural stability of neighbouring properties is not likely to be affected. 7.16 LDF Policy DP24 states that the Council will require all developments to be of the highest standard of design. The supporting text of this policy in 24.7 states that development should consider, inter alia, the suitability of the proposed design to its intended use The proposed accommodation although not of any architectural merit is typical of modular buildings and is considered to be acceptable in design terms for the purposes of this development. Therefore the intended use of the buildings and their temporary nature ensure that there is no direct conflict with Policy DP24. It is noted that there are no external alterations proposed to the pavilion building as part of this proposal. Objections have been received stating that the proposal will scar the landscape and will set a precedent for further development of this kind. The temporary nature of the proposal and the applicants commitment to removal of the buildings and reinstatement of the site after 2 years (a condition would be imposed on any grant of permission which can be enforced) will ensure that there is no long term harm to views into or out of the sports grounds. Furthermore, it is stressed that this proposal is for a period of two years; hence a precedent will not be set for allowing future or more permanent development of this kind in the area. Residential Amenity Issues Policy DP26 states that the Council will protect the quality of life of occupiers and neighbours by only granting permission for development that does not cause harm to amenity. The temporary school accommodation will run parallel with Lymington Road and as such it is considered that any potential amenity impacts would be most noticeable by the occupants of the properties along this street. The neighbouring properties along Lymington Road are east/west orientated and the only windows facing the sports grounds are high level landing and bathroom windows and these are approximately 15metres from the proposed school buildings. It is therefore considered that there will be no overlooking or loss of privacy as a result of the proposed temporary school buildings. Loss of outlook or loss of daylight/sunlight to neighbouring properties is also not considered to be an issue. As was stated above, there are no neighbouring habitable room windows facing the sports grounds and as such there will be no loss of outlook from these high level windows. In addition to this, the proposed height of the school buildings will be 6.8 metres, whilst the properties along this street are approximately 8.5

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metres in height, hence the properties along Lymington Road will still be considerably higher. Consequently, the height of the neighbouring properties, along with their orientation will ensure that the proposal will not impede on any daylight or sunlight of neighbours. It is also noted that objections have been received from the occupants of properties in Crediton Hill stating that their gardens and properties will be overlooked as a result of this proposal. As there will be no windows in the western elevations of the modular accommodation and given that the Crediton Hill property closest to the school buildings is 25 metres away it is considered that the development is sufficiently distanced from these properties to preserve their amenity. The applicants have submitted a noise and vibration survey in support of the plant element of their application and, subject to conditions the Councils Environmental Health officer has no concerns. In light of the above, the proposal is considered to be in accordance with Policy DP26 of the LDF. 7.21 A significant number of objections have been received from local residents who are concerned about potential noise and disturbance from 500 pupils in the area. Officers are sympathetic to residents concerns, there clearly will be a change to the area if the proposal were to be approved but it is considered that any additional noise and disturbance that would result would be during weekday school hours and not evenings or weekends. It is unlikely that the proposal would create increased disturbance at unsociable hours. Furthermore, although it is noted that it is not possible for the Council to control the amount of noise that pupils make when they are on breaks or lunch it is understood that the school abides by a strict code of conduct and it is expected that this would be enforced throughout the temporary use of this site as school accommodation. It should also be noted that the neighbouring properties are quite a distance away from the proposed school buildings and although it is accepted that there may be a certain level of extra noise and disturbance as a result of the proposal, it will be temporary and confined to school times and terms. Transport and Access Issues Issues relating to transport have been the primary concern of local residents and the vast majority of the objection letters received referred to such matters. The transport implications of development Policy DP16 states that the council should consider the transport impacts of development. A transport statement has been submitted as part of this application. As the site will serve as a temporary school, being relocated from Maresfield Gardens, it is considered that there will be no increase in the overall level of trips generated by SHHS. Almost all of the pupils attending the temporary site will already be on the highway network. Therefore it is considered that the use of Lymington Road site would have a minimal impact on the wider highway network . The information provided in the transport statement incorporates the same level of detail as that agreed in relation to the agreed South Hampstead High School expansion proposals in Maresfield Gardens. The data gathering exercise undertaken in relation to the school expansion is considered to represent a reasonable basis on which to consider how pupils will travel to the temporary Lymington Road site.

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The submitted transport statement identifies that the Lymington Road site has the same excellent public transport accessibility levels as Maresfield Gardens with a high PTAL rating of 6a. In relation to the public transport service available many of the services accessible for Maresfield Gardens are shared with the Lymington Road site such as the London Underground (stations accessible on both Jubilee and Metropolitan lines) and bus services (C11, 13, 82 and 113), as well as offering increased rail accessibility via West Hampstead Thameslink and Overground services plus Finchley Road and Frognal Overground services. Based on this comparison the same modal split has been assumed to apply for this temporary site as for the main SHHS site, which is accepted. The transport statement concludes that 25% of pupils will arrive by car resulting in around 100 private vehicle car trips in connection with pupil drop-off and pick-up during the start and end of the school day. During the peak hours of operation the number of private vehicle trips could however be reduced by 20 percent because of the varied times pupils arrive and depart from the school. No additional staff trips by private vehicle will be made as the on-site parking facilities are already used by existing staff. It is considered the highway network would not be adversely impacted by the proposed development. There would be an increase in traffic around Lymington Road but the impact of this can be minimised by securing a travel plan and making changes to the existing road restrictions. Travel Plan A School Travel Plan has been submitted in relation to the SHHS application and this has been used as the main Travel Plan for this site subject to the supplementary information specific to the Lymington Road site. Although the overall aims and objectives are commended there is a concern that the monitoring period needs to be amended to annually to reflect the temporary nature of the site. As with many Travel Plans, continued work will be required to agree a final version for the temporary site in connection with SHHS and this will need to be secured via a S106 legal agreement. The purpose of the travel plan is to encourage changes in the modal split reducing the reliance on private motor vehicles and encouraging the use of more sustainable modes of transport. Development connecting to the Highway Network DP21 states that the Council should consider the impact of the development in relation to the wider highway network. The proposals include a number of amendments to the road side restrictions in operation along Lymington Road in order to mitigate any impacts from parents dropping off/picking up pupils during term time, any changes will require a Traffic Management Order (TMO) to be undertaken. The proposed changes to the waiting and loading restrictions on Lymington Road have initially been presented by the transport consultants for SHHS. These initial proposals have been designed to reflect the residential nature of the road and to minimise the impact on local residents from the local impacts as a result of private vehicle trips associated with the temporary school.

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The highway safety issues in connection with the bend in Lymington Road are recognised and the proposals submitted seek to amend the traffic orders along sections of Lymington Road to ease congestion and encourage parents dropping off pupils in private cars away from the bend. It is noted that there are no proposals to introduce a drop-off point on the southern side of Lymington Road at the bend. The plans submitted propose to replace the existing single yellow road markings on the southern side and replace these with double yellow line road markings. This proposed change removes a possible area where parents could have dropped-off pupils close to the bend. The introduction of double yellow lines are supported to discourage parents from stopping on this bend. In addition, to encourage parents to drop-off away from the bend pupils will not be able to gain access to the temporary school site through the existing vehicle access gate as this will be closed to pupils. The main pupil access to the site will be a widened pedestrian entrance located a further 70 metres to the east of the bend. The final agreed changes to the road side restrictions will need to be agreed and approved by the Council as part of the TMO process. Work that needs to be undertaken within the highway reservation (including the TMO) will also need to be done through a Section 106 (Town and Country Planning Act 1990) Agreement with the Council. This will be secured as part of any permission. The proposed layout plan indicates that as part of the sub-station considerations a dropped kerb is proposed. Given the temporary nature of the site and the existing uninterrupted footway along Lymington Road a dropped kerb is not supported by Camden Council. A separate crossover application would be required to be made to consider this proposal. The provision of this crossover which provides access to the temporary substation and is not fundamental to the proposal.

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Walking, Cycling and Public Transport Policies DP17 and DP18 require development to sufficiently provide for the needs of cyclists, which are contained in Appendix 2 of the Development Policies document. The London Plan also provides guidance on cycle parking standards these are outlined in Table 6.3 of The London Plan 2011. Camden's Parking Standards for cycles states that one storage or parking space is required per 250sqm above the threshold of 500sqm for both staff and visitors. Therefore 30 cycle storage/parking spaces are required split between 15 staff and 15 visitor spaces. The applicant has applied the London Plan cycle parking standards in relation to pupils at 1 space per 10 pupils resulting in 50 pupil spaces and 6 staff spaces making a total provision for 56 cycle parking spaces on a Josta two-tier height cycle stands. In relation to the level of staff parking this has been identified as six spaces, given that the modal split presented in the Transport Statement already identifies that 12 staff cycle to school it is recommended that the proportion of staff cycle parking is increased to reflect this number. This is to be secured by condition. In relation to the proposed site layout plans it is noted that all the cycle parking/storage appear to be located in only one area to the west of the site and

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would only be accessible via the vehicular access gate. It is not clear from the plans whether pupils entering the site from the new pedestrian gate (which is welcomed) could actually get to the bike store easily. Given that the proposals include a new pedestrian gate for pupils, to maintain pupil safety, it is considered that a proportion of the cycle parking, must be relocated closer to this access point thereby removing the requirement for pupils to a) travel across the site to store their bikes and b) removing any potential conflicts with vehicular traffic, this will be a condition of the temporary permission. Revisions to the location of the some of the cycle parking shall be secured by condition. Servicing Management Plan As identified above the site will require a level of increased servicing to be made to the temporary school site. Although a swept path analysis has been provided to identify that a 7.5t vehicle can enter and exit the site no detailed proposals have been submitted to identify the number of vehicles and whether the proposed movements can be undertaken when the car park is fully occupied. A S106 is therefore required for a Servicing Management Plan that details the existing and proposed car park layout (if there are any changes) and how a large vehicle can enter and exit the site within the constraints of the car park layout. Construction Management Plan (CMP) DP21 seeks to protect the safety and operation of the highway network. For some development this may require control over how the development is implemented (including demolition and construction) through a Construction Management Plan (CMP) secured via S106 legal agreement. Given the proposals include new construction they are likely to result in a large number of construction vehicle movements and large loads to be delivered to the site; this will undoubtedly have a significant impact on the local transport network. The application for the proposed development only considers high levels headings on what areas would be considered to meet the requirements, therefore a Construction Management Plan will need to be submitted and approved before any works start on site, and approval should be secured via a Section 106 agreement. Sustainability Issues Policy CS13 states that the Council will require all development to minimise the effects of and adapt to climate change, promote local energy; minimise the potential for surface water flooding and reduce carbon emissions. Meanwhile Policy DP22 states that the Council will require non-domestic developments of 500sqm or more to achieve very good in BREEAM assessments and will require developments to be resilient to climate change by including appropriate climate change adaptation measures. In terms of this proposal, as it is for a temporary period of time a BREEAM assessment was not requested. Furthermore, the opportunities to design-in energy saving measures in to the pre-fabricated modular accommodation would be difficult. However, it is considered that this pre-fabricated nature of building, which will be assembled on site and then removed from the site, re-fitted and re-used constitutes a very efficient use of materials. The accommodation will be erected on

7.39

7.40

7.41

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7.43

the site of existing tennis courts and will not encroach on the cricket pitch, thereby limiting any potential for an increase in surface water run off. 7.44 Finally, the temporary use of the site to facilitate the construction of the new school at Maresfield Gardens is considered to be significant in reducing carbon emissions as compared to the existing school on site, the new campus will meet the BREEAM excellent standard and carbon emissions will be reduced by 45 tonnes per year. In light of this the proposal is considered to broadly comply with the underlying aims of Policies CS13 and DP22. Trees and Landscaping The proposed development will result in the removal of two trees, neither of these trees is protected by a TPO and the Councils Tree Officer has no objection to the proposal given their limited value. It is recommended that a condition be imposed on the permission to ensure the adequate protection of any trees to be retained. Other Issues Waste and recycling: Although the Councils environmental services officer has not raised any objection to the proposal, a condition will be placed on the permission requiring the submission of further details of the location of the waste and recycling facilities. Security: The Councils crime prevention design officer was consulted on this application and raised no objection. Access: Whilst this building is temporary, for the purpose of the Building Regulations as it will be there for longer than 28 days it must comply with the requirements of these Regs. As a new building it should be fully accessible and meet the guidance in Approved Document M. There are no drawings indicating the approaches and entrances to the building although the design and access statement indicates that they will all be level. The nature of these building usually ensures that the floor level is raised off the ground and a ramped approach provided. CONCLUSION The proposed temporary school accommodation in the south western corner of the Lymington Road sports grounds is, on balance, considered to be acceptable taking into account the guidance on temporary permissions set out in Circular 11/95. The proposal will result in the temporary loss of open space, but will facilitate improvements to nearby educational facilities and in the long term improved open space and associated leisure facilities. The accommodation would be required for a period of two years and would facilitate speedier redevelopment of the schools main campus at Maresfield Gardens which is supported. Although it is acknowledged that a school in this location may result in increased daytime weekday noise and traffic congestion in the immediate area, the impact will only be for a temporary period and can be mitigated through measures secured via legal agreement.

7.45

7.46

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8.0 8.1

8.2

Temporary Planning Permission is recommended subject to a S106 Legal Agreement covering the following Heads of Terms: Re-instatement of the 2 hard surfaced tennis courts and 3 Astroturf tennis courts along with removal of all temporary buildings and any associated ancillary equipment or structures connected with use of the site for temporary school accommodation; Construction Management Plan; Servicing Management Plan; Supplementary School Travel Plan; and Highways works, including costs to the Traffic Management Order.

8.3

In the event that the S106 Legal Agreement referred to above has not been completed within 13 weeks of the date of the registration of the application, the Development Management Service Manager be given authority to refuse planning permission for the following reasons:1) The proposed development, in the absence of a section 106 agreement securing a construction management plan, would be likely to give rise to conflicts with other road users, and be detrimental to the amenities of the area generally, contrary to CS5 (managing the impact of growth and development) of the London Borough of Camden Local Development Framework Core Strategy and DP20 (movement of goods and materials) and DP26 (impact on occupiers and neighbours) of the London Borough of Camden Local Development Framework Development Policies. 2) The proposed development, in the absence of a section 106 agreement securing a service management plan, would be likely to give rise to conflicts with other road users and pedestrians especially at peak times contrary to DP20 (movement of goods and materials) of the London Borough of Camden Local Development Framework Development Policies. 3) The proposed development, in the absence of a section 106 agreement securing a supplementary school travel plan, would be likely to give rise to increased car-borne trips in the local area contrary policy CS5 (managing the impact of growth and development), CS11 (sustainable travel) of the London Borough of Camden Local Development Framework Core Strategy and DP16 (transport implications of development) and DP26 (impact on occupiers and neighbours) of the London Borough of Camden Local Development Framework Development Policies. 4) The proposed development, in the absence of a section 106 agreement securing reinstatement of the site and resurfacing of the hard surfaced and Astroturf tennis courts, would be likely to result in a detrimental impact on the area of designated private open space, contrary to the provisions of Core Strategy Policy CS15 (Protecting and improving our parks and open spaces and encouraging biodiversity) and Development Plan Policy DP24 (Securing High Quality Design) of the London Borough of Camden Local Development Framework.

9.0 9.1

LEGAL COMMENTS Members are referred to the note from the Legal Division at the start of the Agenda.

Condition(s) and Reason(s): 1 The new building/structures and educational use hereby approved are for a temporary period only. All buildings/structures shall be removed and the use shall cease on or before 1st September 2014 at which time the site shall revert to its former lawful use which is designated private open space. Reason: In order to protect the existing use of the site as designated private open space and the appearance of the area, in accordance with Policies CS14 and CS15 of the London Borough of Camden Local Development Framework Core Strategy and Policies DP24 and DP31 of the London Borough of Camden Local Development Framework Development Policies. 2 The use of the existing pavilion as mixed education/indoor sport and recreation facility (Class D1/D2) hereby permitted is for a temporary period only and shall cease on or before 1st September 2014 at which time the building shall revert to its former lawful use which is Class D2 (Recreation and leisure). Reason: In order to protect the lawful use of the sports pavilion building, in accordance with Policies CS10 and CS15 of the London Borough of Camden Local Development Framework Core Strategy and Policies DP15 and DP31 of the London Borough of Camden Local Development Framework Development Policies. 3 The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan; (A/SHHS_ ) 3501 Rev B; 3502 Rev E; 3504 Rev F; 3505 Rev C; 3506 Rev G; 3507 Rev B; 3508 Rev A; 4200 Rev C; and 4201 Rev A. Reason: For the avoidance of doubt and in the interest of proper planning. 4 No music/musical instruments shall be played on the premises in such a way as to be audible within any adjoining premises or on the adjoining highway. Reason: To safeguard the amenities of the adjoining premises and the area generally in accordance with the requirements of policy CS5 of the London Borough of Camden Local Development Framework Core Strategy and policy DP26 and DP28 of the London Borough of Camden Local Development Framework Development Policies. 5 Prior to commencement on the development details of all plant/equipment including an acoustic report and any necessary attenuation measures in order to demonstrate compliance with condition 6 shall be submitted to and approved in writing by the Council. The development shall be implemented in accordance with the details thus approved.

Reason: To safeguard the amenities of the neighbouring premises and the area generally in accordance with the requirements of policy CS5 of the London Borough of Camden Local Development Framework Core Strategy and policies DP26 and DP28 of the London Borough of Camden Local Development Framework Development Policies. 6 Noise levels at a point 1 metre external to sensitive facades shall be at least 5dB(A) less than the existing background measurement (LA90), expressed in dB(A) when all plant/equipment (or any part of it) is in operation unless the plant/equipment hereby permitted will have a noise that has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or if there are distinct impulses (bangs, clicks, clatters, thumps), then the noise levels from that piece of plant/equipment at any sensitive facade shall be at least 10dB(A) below the LA90, expressed in dB(A). Reason: To safeguard the amenities of the neighbouring properties and the area generally in accordance with the requirements of policy CS5 of the London Borough of Camden Local Development Framework Core Strategy and policies DP26 and DP28 of the London Borough of Camden Local Development Framework Development Policies. 7 Prior to commencement of the development details of the location, design and method of waste storage and removal (including recycled materials) shall be submitted to and approved in writing by the Council and the approved facility shall be provided prior to the first occupation of any of the new units and permanently maintained and retained as such thereafter. Reason: To safeguard the amenities of the neighbouring properties and the area generally in accordance with the requirements of policy CS5 and CS18 of the London Borough of Camden Local Development Framework Core Strategy and policies DP26 and DP28 of the London Borough of Camden Local Development Framework Development Policies. 8 Prior to the commencement of development details of the proposed cycle storage area (easily accessible to pupils via the pedestrian gate) for a minimum of 56 cycle storage/spaces (with a minimum of 12 spaces designated for staff) shall be submitted to and approved in writing by the Council. The approved facility shall thereafter be provided in its entirety prior to first occupation of any of the new school accommodation. Reason: To ensure the development provides adequate cycle parking facilities in accordance with the requirements of policy CS11 of the London Borough of Camden Local Development Framework Core Strategy and policy DP17 and DP18 of the London Borough of Camden Local Development Framework Development Policies.. 9 All trees on the site, or parts of trees growing from adjoining sites, unless shown on the permitted drawings as being removed, shall be retained and protected from damage to the satisfaction of the Council. Details shall be submitted to and approved in writing by the Council before works commence on site to demonstrate how trees to be retained shall be protected during construction work: such details shall follow guidelines and standards set out in BS5837:2005 "Trees in Relation to Construction"

Reason: To ensure that the Council may be satisfied that the development will not have an adverse effect on existing trees and in order to maintain the character and amenities of the area in accordance with the requirements of policy CS15 of the London Borough of Camden Local Development Framework Core Strategy. Informative(s): 1 Your proposals may be subject to control under the Building Regulations and/or the London Buildings Acts which cover aspects including fire and emergency escape, access and facilities for people with disabilities and sound insulation between dwellings. You are advised to consult the Council's Building Control Service, Camden Town Hall, Argyle Street WC1H 8EQ, (tel: 020-7974 2363). Noise from demolition and construction works is subject to control under the Control of Pollution Act 1974. You must carry out any building works that can be heard at the boundary of the site only between 08.00 and 18.00 hours Monday to Friday and 08.00 to 13.00 on Saturday and not at all on Sundays and Public Holidays. You are advised to consult the Council's Compliance and Enforcement team [Regulatory Services], Camden Town Hall, Argyle Street, WC1H 8EQ (Tel. No. 020 7974 4444 or on the website http://www.camden.gov.uk/ccm/content/contacts/councilcontacts/environment/contact-the-environmental-health-team.en or seek prior approval under Section 61 of the Act if you anticipate any difficulty in carrying out construction other than within the hours stated above. Your attention is drawn to the fact that there is a separate legal agreement with the Council which relates to the development for which this permission is granted. Information/drawings relating to the discharge of matters covered by the Heads of Terms of the legal agreement should be marked for the attention of the Planning Obligations Officer, Sites Team, Camden Town Hall, Argyle Street, WC1H 8EQ Reasons for granting planning permission/conservation area consent/listed building consent. The proposed temporary development is in broad accordance with the London Borough of Camden Local Development Framework Core Strategy with particular regard to CS1 - Distribution of growth; CS4 - Areas of more limited change; CS5 Managing the impact of growth and development; CS8 - Promoting a successful and inclusive Camden economy; CS10 - Supporting community facilities and services; CS11 - Promoting sustainable and efficient travel; CS13 - Tackling climate change through providing higher environmental standards; CS14 Promoting high quality places and conserving our heritage; CS15 - Protecting and improving our parks and encouraging biodiversity and with the London Borough of Camden Local Development Framework Development Policies with particular regard to DP15 - Community and leisure uses; DP16 - The transport implications of development;DP17 - Walking, cycling and public transport; DP18 - Parking standards and the availability of parking; DP20 - Movement of goods and materials; DP21 - Development connecting to the highway network; DP22 Promoting sustainable design and construction; DP23 - Water; DP24 - Securing

high quality design; DP25 - Conserving Camden's heritage; DP26 - Managing the impact of development on occupiers and neighbours; DP27 - Basements and lightwells; DP28 - Noise and vibration; DP29 - Improving access; DP31 - Provision of, and improvements to, public open space and outdoor sport and recreation facilities; and DP32 - Air quality and Camden's Clear Zone; Furthermore the temporary proposal accords with the specific policy requirements in respect of the following principle considerations:The proposed temporary school accommodation in the south western corner of the Lymington Road sports grounds is, on balance, considered to be acceptable taking into account the guidance on temporary permissions set out in Circular 11/95. The proposal will result in the temporary loss of open space, but will facilitate improvements to nearby educational facilities and in the long term improved open space and associated leisure facilities. The accommodation would be required for a period of two years and would facilitate speedier redevelopment of the schools main campus at Maresfield Gardens which is supported. Although it is acknowledged that a school in this location may result in increased daytime weekday noise and traffic congestion in the immediate area, the impact will only be for a temporary period and can be mitigated through measures secured via legal agreement.

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Application No: 2012/0162/P Hampstead Cricket Club Lymington Road London NW6 1HZ

Scale: 1:2000 Date: 30-Mar-12

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majestys Stationery Office, Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

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