Decision details

Lancaster City: Application Number. LCC/2018/0040
Change of use of land to educational use comprising of school playing area outdoor amenity and play space.
Recreational land to the east of Barton Road, Lancaster

Lancaster City: App

Decision Maker: Development Control Committee

Is Key decision?: No

Decisions:

A report was presented on an application for the change the use of land to educational use comprising of school playing area outdoor amenity and play space (application LCC/2018/0040) and the erection of 2.1m ball stop fence and gates (application LCC/2018/0041) at recreational land to the east of Barton Road, Lancaster.

 

The report included the views of Lancaster City Council, the Environment Agency, Sport England, the County Council's Highways Development Control and details of 139 letters in respect of application LCC/2018/0041 and 138 letters in respect of application LCC/2018/0040. The report also included the views of County Councillor Erica Lewis.

 

The Committee visited the site on 30 October 2018.

 

The Development Management Officer presented a PowerPoint presentation showing an aerial view of the site and the nearest residential properties. The Committee was also shown photographs of the site from various aspects.

 

It was reported that the school currently uses an area of land directly to the south west of the school buildings for outdoor recreation and learning activities. However, that land was currently the subject of an appeal to the Supreme Court over whether it should be designated as a Town Green. If the appeal were to be dismissed, this would leave the school without any designated playing field space; the current fencing would have to be removed from the land and it would then become fully accessible to the public once again.  Therefore, in order to comply with their safeguarding responsibilities, the school was proposing to create an alternative fenced-off area on recreational land to the east of Barton Road for pupil's play and recreational activities.

 

The Officer informed the meeting that the applicant was willing to defer the linked application - LCC/2018/0041 (erection of 2.1m ball stop fencing and gates), pending further discussions with the community.

 

The Officer also informed the meeting that the Members had received a presentation from the Moorside Fields Community Group on Monday 10 December 2018. Full details of the presentation were set out in the Update Sheet circulated at the meeting (copy set out at Annex A to the Minutes). The Update Sheet also included details of a number of further representations, including one from County Councillor Susie Charles, the Cabinet Member for Children, Young People and Schools. The officer advice in relation to such was also included in the Update Sheet.

 

County Councillor Erica Lewis, Lancaster City Councillor Anne Whitehead and three local residents addressed the Committee. They objected to the application for the change of use of the land for the following summarised reasons:

 

·  The proposal would prevent informal recreational use and restrict public access to a designated outdoor sports facility and area of open space.

·  The land in question was too far from the school to be used for school purposes and far in excess of the current size of the Moorside Primary School playing fields.

·  It is important for primary school children to be able to exercise safely, however, it was more important for everyone of all ages to be able to access the facility.

·  The designation of Town Green would not preclude the school from using the fields.

·  The proposal would not accord with the Lancaster Local Plan and would prevent access to a public right of way.

·  The current situation would not have arisen if the school had not restricted access to a well-used footpath. The school should open up dialogue with the community.

·  A reasonable agreement could be made without going through this type of planning process. Other legal avenues could be explored including an ability to exchange the Barton Road field for the existing school playing field. This would `give the school a secure playing field which was easily accessible.

 

The Committee was urged to reject both applications and seek a more practical solution such as a land swap.

 

The Head Teacher of Moorside Primary School and a parent of one of the pupils at the school addressed the Committee and spoke in support of the application. 

 

The parent reiterated the implications for the school should the appeal at the Supreme Court prove unsuccessful and maintained that the proposal would provide a viable alternative to Moorside Primary School’s current playing field if the school loses its current legal appeal.

 

The Head Teacher emphasised how important it was for the school to have their own secure outdoor space where they are able to secure access and ensure the safety of pupils. He explained that Moorside Primary School would be left without any designated playing field space if the nearest areas of open land to the school were registered as a Town Green. OFSTED also expect schools to manage the safeguarding of pupils and without secure playing fields, the school would not be able to meet its requirement to provide safe and secure outdoor space and a balanced curriculum. He added that the school would be willing to allow continued access to the proposed site outside of school hoursand was looking forward to working with the Council and community groups to reach an understanding.

 

Following debate and questions to the Officers by the Members in relation to the proposed Public Right of Way, the appeal to the Supreme Court and the implications for the school, it was:

 

Resolved:i) That subject to the Secretary of State not calling in the application for his own consideration, application LCC/2018/0040 be granted subject to the conditions set out in the report to the committee.

 

ii) That consideration of application LCC/2018/0041 be deferred  pending further discussions with the community.

 

 

Report author: Jonathan Haine

Date of decision: 12/12/2018

Decided at meeting: 12/12/2018 - Development Control Committee

Accompanying Documents: