Somerset County Council

Regulation Committee – 8 January 2003

B

Type of Application:	Regulation 3
Application Number:	043062/005
Date Registered:	12/11/02
Parish:	Binegar
District:	Mendip
Division:	Mendip North West
Local Member:	Kenneth Maddock
Case Officer:	Katherine Davies
Contact Details:	KDavies@somerset.gov.uk (01823) 355696

Description of Application:	CHANGE OF USE FROM AGRICULTURAL PASTURE TO SCHOOL PLAYING FIELD, ON LAND TO THE NORTH OF BINEGAR vc PRIMARY SCHOOL, BINEGAR, SOMERSET, BA3 4UG.
Grid Reference:	361618 - 149545
Applicant:	Directorate of Lifelong Learning
Location:	Binegar Primary School is located on the eastern side of Binegar, on the boundary of the development limits. The proposal site is an existing field to the rear (north) of the Primary School adjacent to the school’s northern boundary.

Application Summary

· Proposal to change the use of existing agricultural pasture to school playing field.

· Mendip District Council have recommended that only part of the proposal site be used as playing field, with the balance retained as pasture. Five letters of representation were received which raised concerns relating to the proposal.

· Concerns relate to the proposed use of the Glebe land, community use of the proposed playing field and noise and disturbance due to use of the playing field.

· On balance the proposed development is considered acceptable and it is recommended that planning permission should be granted, subject to conditions.

1.	Background and the Application
1.1	The proposal is to change the use of an existing agricultural field to a school playing field at Binegar Primary School. The field is located to the rear of the main school building and has recently been purchased by the County Council.
1.2	The school is on a restricted site of about 0.107ha (0.26 acres). The County Council currently leases the adjoining Glebe field from the Diocese for use as a playing field. This site also contains a temporary classroom and the school’s office accommodation.
1.3	Three public footpaths cross the Glebe site and there are additional security issues associated with the sites use, as the Glebe land is effectively public land.
1.4	The field subject to the application for change of use is located directly to the rear of the main school building and the applicant has stated that it could be incorporated into the school and used as a playing field with minimum work and disturbance. The school would then have direct access to its playing field, which would increase supervision and security.
1.5	There is a public footpath located at the northern end of the field and it is proposed to fence this area off from the play area and plant a quickthorn hedge on the school site to exclude this footpath.

2.		Comments Received
2.1		Mendip District Council – Have no objection to the land being used in association with the school but would wish to see its open characteristics safeguarded. Have recommended that only part of the field adjoining the school boundary should be made available for the change of use to playing fields. (The total statutory playing field requirement of 0.25ha, less that which already exists on site would equal the total area which should be made over to playing field). The allotted area should be constructed/laid out as a soft grassed area, to minimise its impact on the surrounding landscape. The remaining land should be kept as pasture and be kept separate from the play area. There should be no buildings erected on the application site and any future expansion of the school building restricted to existing areas within the school boundaries and development limits of the settlement.
2.2		Binegar Parish Council – Support the application.
2.3		Sport England – The proposal would result in an improved level of sport and recreation provision in the area and therefore support in principle the application.
2.4		Environment Agency – No objection.
2.5		Other comments received – Five letters have been received from neighbouring residents, all of which raised concerns relating to the proposed development. The basis of these concerns include: - What is to become of the existing school playing field (Glebe land), will it continue to be maintained and available for community use and are there plans to develop the site? - Would object if the proposed field were to have floodlighting. - Will the proposed playing field be available for community use or for use outside of school hours? If so there are concerns about parking and loss of amenity for local residents. - Where will the proposed entrance to the playing field be located? - The owners of the residential property located directly adjacent to the school and the proposed playing field are concerned about additional noise and disturbance as a result of the proposed use of the field as a play area. - That the area designated as playing field be limited to the statutory requirement of 0.25ha with the surplus remaining in pasture. - That future development of the site be kept within the present school boundaries and development limits. - Any screening use should be in accordance with the surrounding landscape (i.e. hedgerows, bushes and trees).
3.	Comments of the Head of Regulation Services
3.1	The Development Plan for the area comprises the Somerset and Exmoor National Park Joint Structure Plan Review and the Shepton Mallet Local Plan. The emerging Mendip District Local Plan should also be given strong weighting given its advanced status.
3.2	The proposed playing field falls outside the development limits of the Village of Binegar and is located in a Special Landscape Area as defined within the existing Local Plan. The school itself is located within the development limits.
3.3	Policy S2 of the Shepton Mallet Local Plan details that development should only be permitted outside the development limits in exceptional circumstances. I consider that this proposal meets two of these criteria. There is a local need for the school playing field which cannot be met within the development limits, and the proposal involves the provision of improved sport and recreation facilities. In all such cases development should only be permitted where the benefits of the proposal outweigh the impact on the landscape.
3.4	The field is currently in grass and bounded by stone walls and hedges. The proposal to change the use from agricultural pasture to playing field would not result in a significant alteration to the appearance of the site. As a playing field, the site would remain grassed, and would retain the open character of the area. Any future development on the site would require an additional application for planning permission and issues associated with such development could be addressed at that time. Limiting the area of the field that can be used as a playing field has no significant benefit to the appearance of the area and may present a maintenance problem for the school. Additionally the excluded area would need to be fenced to separate it from the play area and this would detract from the appearance of the area as the once open field would have two fences crossing it.
3.5	Access to the field will be from the Glebe land via an existing gate.
3.6	No additional landscaping is recommended around the field as the area and surrounding fields are fairly open and there are views to hedgerow trees in agricultural land beyond the proposal site. It is recommended that additional landscaping be planted along the southeastern boundary of the proposed playing field adjacent to the residential property in order to mitigate any noise or disturbance experience from this property.
3.7	The site is located sufficient distance from residential dwellings to ensure no loss of residential amenity as a result of its use as a playing field. The closest residential dwelling is located to the east of the school and any noise experienced as a result of the playing field should not be significantly greater than that presently generated by the school and outdoor play areas. As mentioned above, landscaping along this boundary has been proposed.
3.8	The applicant has stated that the Glebe land will continue to be maintained by the County until November 2004, when they have the option to break the current lease with the Diocese of Bath and Wells. The County has no plans to develop this site, however they are unable to speak for the Diocese.
3.8	The proposed playing field will not be available for ad hoc community use, however the school may consider letting the field on an occasional basis for organised events.
3.9	No floodlighting is proposed.
3.10	The proposed fence and hedging to separate the playing area from the public footpath should be located so it does not impede onto the line of the path, as this would constitute an obstruction of the right of way. A note to this effect can be included to bring this to the applicant’s attention and the landowner has the responsibility for the continuing maintenance of these items.
3.11	In conclusion, taking into account the material considerations relevant to the planning application, it is considered that the development is acceptable.

4.

Recommendation

4.1

It is recommended that planning permission is GRANTED subject to the imposition by the Head of Regulation Services of appropriate conditions relating to:- 1. Standard time limit implementation within five years. 2. Playing field to remain grass only. 3. Landscaping. 4. Removal of Permitted Development Rights except the provision of goal posts and line markings. Notes to applicant. 1. Sport England. 2. Rights of Way.

Relevant Development Plan Policies

Somerset and Exmoor National Park Joint Structure Plan Review (Adopted April 2000) – STR1, STR3, STR6, STR7, Policy 19.

Shepton Mallet Local Plan (Adopted September 1993) – S1, S2, C1.

Mendip District Local Plan (Deposit Draft February 2000) – S1, Q2, Q14, EN9, EN19, EN23, SN11.

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