Agenda item

Prior to consideration of this report the Legal Services Manager reminded District Councillors who were also Somerset County Councillors that although this item was only for discussion, members were being asked to agree which comments should be sent to SCC as SSDC’s formal response to the County’s planning application, and she advised that they should declare a personal interest in this item

Cllr William Wallace declared a personal interest as he was a Somerset County Councillor.

The Area Lead South explained that this application had been referred for Committee consideration, in order to deliberate the Council's response to this Somerset County Council planning consultation. With the aid of a power point presentation, details of the layout of the site were shown and drawings to show the levels of the proposed building and how it would be set into the landscape. He explained that the application was for a school with seven classrooms with the ability to extend to fourteen if necessary.

At the recent Area South Committee meeting Councillors had requested the following to be added to their response:

·         more available parking spaces at the school;

·         means of access via a new road off Lyde Road rather than through the Wyndham Park estate;

·         concerns’ regarding the white render material to be used on the proposed building.

Mr Tony Cavalier spoke as Vice Chairman of Mudford Parish Council who had suggested that the application should be refused and after taking advice had considered the application to be unlawful.  They also felt the application was premature; out of context with the Mudford site; and should not be considered in isolation.

Mrs L Elson representing the CPRE concurred with Mr Cavalier and felt that a school should not be built without the development of houses.

Ward Member Cllr Tony Capozzoli could not support the application, as he did not think the school should be built without planning approval for the houses; however he felt that SCC would implement the application no matter what Councillors said.

The Area Lead South said that SCC would take on board the comments of SSDC.

Cllr Mike Lewis a Divisional Member of SCC declared a personal interest in the application.  He shared the same concerns as Mudford PC.  He recommended that there should be more car parking spaces and that construction traffic should use a new access route off Lyde Road and not via Wyndham Park.  The issue regarding the access needed to be agreed before any school was built; he felt that the application was premature.

Members proceeded to discuss the application, comments and views were expressed including the following:

·         Were aware that as soon as the school with the 7 classrooms was built it would be full;

·         Parking spaces would be required for staff alone;

·         A permanent access road was required not a temporary one;

·         Was the site the best possible site for a school?

·         This application was a Trojan horse for a larger application;

·         Concern that there could be anthrax spores in the vicinity;

·         Welcomed this application prior to the houses being built as SSDC had been criticised previously when houses had been built and occupied prior to the infrastructure being in place;

·         A school was needed now for the children already living in the area, any so called  legal issues would delay the build;

·         Need to ensure there was enough space within the application for hard court and soft ground play;

·         As there would be a fair bit of soil to be removed wished to ensure that it would be retained on site;

·          Would only support the application if it was legal to build the school on ground the other side of the boundary hedge.

In response to queries the Area Lead South and Lead East replied that:

·         The Developer of Wyndham Park had previously agreed for the access for construction traffic and operational use to be via Wyndham Park however Area South Councillors had suggested it would be preferable for the access to be off Lyde Road;

·         This application  was an opportunity for SSDC to steer and guide SCC and if it was considered that the amount of allocated parking was an issue then it needed to be raised;

·         With reference to the legality of the application: YV2 - part of the Local Plan -had consistently demonstrated that this was a suitable site, this application would run parallel to that;

·         Tests carried out so far on the field adjacent to the school site had not discovered anthrax. If that situation changed then the situation would be reassessed.

·         School places were needed now, in the past councillors had requested that  infrastructure be put in place prior to houses being built and occupied;

·         The original site previously earmarked for a school would probably be transferred to SSDC for extra facilities such as  a community hall etc;

·         There was a badger mitigation scheme in place as part of the application;

·         Because of the design of the application the majority of soil would be used and retained within the site;

·         The urban extension would be covered by the Environmental Impact Assessment (EIA) if the school was built without the urban extension an EIA would still not be required.

The Legal Services Manager referred to the test for prematurity, where a court would look for significant prejudice before deciding that an application was premature.  If an application was substantially consistent with the adopted policy and master planning process, the possible conclusion is that there was not substantial prejudice here.  SCC would need to ensure that they were satisfied they had taken all necessary advice regarding the legality of the application.

Once discussion concluded AEC members resolved that:

 Area East could not support the application unless:-

-       It was demonstrated that the County Council had satisfied itself with regard to the issues raised by Mudford Parish Council and CPRE.

-       Access to the site (for construction traffic and day-to-day use thereafter) was derived via a new road off Lyde Road. This was to avoid the impact on residents of Wyndham Park.

-       Significantly more parking is achieved on site, with the suggestion that part of the Wyndham School site could be used for staff parking leaving the parking near the school entrance for visitors etc.

-       The potential risk from possible anthrax on a nearby site was thoroughly investigated.

-       That as much top soil as possible was retained on-site.

-       That due regard was had to the evident badger sett.

-       That adequate hard court and soft ground play space was provided for Phases 1 and 2.

A letter would be sent to SCC to report Area East’s concerns before Area South’s concerns and the drafting of the letter to be agreed with Chairman of Area East prior to it being sent.

On being put to the vote 7 voted in favour of the above comments and the three Somerset County Councillors abstained from voting.

(Voting 7 in favour: 3 abstentions)