2. Location
and Site Characteristics
2.1 The revised application consists of a tarmac area with present dimensions of 35 metres by 16.5 metres and is one of two tennis court located to east of the car park serving the West Wight Sports Centre, Moa Place, Freshwater. The area is enclosed by fencing which is in a poor state of repair and partially missing. The western tennis court is currently occupied by a number of skateboard ramps.
2.2 The application is situated within a
landscaped area to the south of School Green Road, with a number of mature
trees surrounding the site. A school
playing field is situated to the south of the application site, with a
residential property, Green Cottage School Green Road, located to the east of
the site. Approximately 55 metres away
on the northern side of School Green Road are a mixture of residential and
business premises.
3. Relevant History
3.1 Planning permission TCP/24431/ granted
consent for the use of a basketball court as a skateboard/bmx park in December
2001.
4. Development Plan Policy
4.1 The Isle of Wight Unitary Development
Plan (UDP) identifies the application site as being within the Development
Envelope boundary for Freshwater. The
site is also identified as an area of open space which is protected by Policy
L4 of the UDP.
4.2 Relevant policies of the Isle of Wight
Unitary Development Plan are considered to be as follows:
·
S6 - Development will be expected to be of a high
standard of design
·
G1 – Development envelopes for towns and villages
·
G4 - General Locational Criteria
·
D1 - Standards of Design
·
D2 - Standards of Development within the site
·
D14 – Light spillage
·
L2 – Formal Recreation Provision
·
L4 – Protection of Open Spaces, Village Greens and
Allotments
·
C12 – Development affecting trees and woodland
·
U1 – Location of health, social, community, religious
and education services
·
TR7 - Highway Considerations for New Development
·
TR16 – Parking policies and guidelines
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Tree Officer – (When commenting on the original scheme
made the following observations). The proposal would result in the loss of a
few semi-mature trees, their loss could be mitigated by planting multiple
replacements.
Comments on revised
scheme: No objection as revisions have less impact on trees. However, wish to
see condition attached to any planning permission requesting method statement
for construction (including constructors access) to ensure that no trees will
be adversely affected.
·
Environmental Health – (When commenting on the
original scheme made the following observations). No objection to the proposed
flood lighting. There is considerable
potential for noise disturbance from the proposed skate park, thus the
imposition of conditions relating to hours of operation and the implementation
of noise attenuation measures recommended.
Comments on revised
scheme: No further comments over the revision.
·
Highways Engineer – No comments to make as there is
adequate parking available next door.
·
Principal Policy Officer (Health and Sustainable
Development) - Supports the application as providing local facilities in West
Wight, where there is currently a lack of high quality outdoor sporting
facilities.
5.2 External
Consultees
·
Crime and Disorder Reduction Partnership (When
commenting on the original scheme made the following observation.) – In
discussion with PCT Health People they are looking for secure by design
standards and subject to planning consent then there will be a stakeholders
meeting where security will be discussed therefore no objections at this stage.
Comments on revised
scheme: No objections especially as the request comes from the residents.
5.3 Parish Council Comments
When considering the original scheme the Parish Council as applicant indicated it fully supported the proposal.
Comments on revised scheme: The views of the Parish Council with regards to the revised scheme will be reported.
5.4 Neighbours
The original proposal
attracted three letter of objection and one letter of support from a local
resident. All the letter of objection raise concerns with regards to the
proposed impact on Green Cottage which is the nearest residential property to
the east of the application site. The main points of concern were as follows:
·
Concerned over the proposed relocation of the skate
ramps/park as whilst not mind thumping noise of skate boarders or bikes it is
foul and abusive language we cannot endure. Use of our garden spoilt by
language of people walking past property in summer congregating around the park
and amenity centre. Police have been called on occasions.
·
Also experienced acts of vandalism at our property.
·
Note proposal is floodlighting and object on grounds
of light pollution.
·
Existing light intrusive and left on when not needed.
·
Problems will be exacerbated by skate park being
closer and object due to noise nuisance.
Comments on the revised scheme: Views on the revised proposal will be reported at the Development Control Committee meeting.
5.5 Others
Letters of support were received in
favour of the original scheme from:
·
Cllr Gill Kennett, the Local Ward Member for
Freshwater Afton
·
Isle of Wight Youth Council; Youth Empowerment Worker,
Chair and Vice Chair
·
Local West Wight Youth Councillors
·
Charlotte Cooke, Member Isle of Wight Youth Parliament
·
CPRE
6. Evaluation
6.1 The main issues to be considered in the
assessment of this proposal are whether the revisions to the originally
submitted scheme represents a more appropriate form of development that meets
the general policy criteria as well as addressing the reasonable concerns of
the nearest residential property owner. In analysing this proposal I propose to
use a series of sub-headings which are set out below.
6.2 Recreation provision – Policy L2
of the UDP allows for new formal sports facilities within the development
envelope boundaries, subject to the consideration against 3 criteria relating
to highways, hours of use and amenity issues.
The supporting justification to Policy L2 gives specific encouragement
to the provision of all-weather floodlit outdoor facilities in appropriate
locations. The Council’s Principal
Policy Officer (Health and Sustainable Development) supports the provision of
this facility. Members should be aware that this officer is part of the team
which has put the application forward.
6.3 The proposal would result in the loss a
tennis court in this location. It is
noted the tennis court is currently in a poor state of repair with limited
safety netting. It is considered that
the loss of this tennis facility would be compensated for by the provision of a
floodlit outdoor games area suitable for various uses. As such it is considered that the principle
of this development, which would result in the loss of the tennis facility, is
acceptable in this location.
6.4 Amenity for Neighbouring Occupiers
– The application site is bounded by a school playing field to the south and a
public car park to the west. Green
Cottage is a detached dwelling located adjacent to the eastern boundary of the
site. In addition there are residential
properties located on the northern side of School Green Road, approximately 55
metres to the north of the application site.
6.5 The revised scheme in affect reverses the
layout as shown on the originally submitted plan. The proposal now leaves the
skateboard park in its existing position and adapts the existing disused tennis
court to form the multi-use games area. At its closest that would bring the
MUGA to within approximately 25 metres of Green Cottage. The proposal involves
the introduction of four lighting columns (one in each corner). The impact of
the proposed lighting columns as well as the potential for noise and
disturbance from the use of the games area on the amenities of the occupiers of
this residential property will need to be considered.
6.6 The proposed floodlighting would be
provided by a 1 kw lamp on 10 metre high columns located at each of the four
corners of the MUGA. It is proposed the
lamps would be fitted with baffles to prevent any horizontal light spillage. A plan showing horizontal luminance values
submitted with the application demonstrates that there would not be horizontal
light spillage outside a 12 metre radius of the MUGA. The application also states that the floodlights would be on
timers which would limit the use to hourly periods, to a latest time of 21.30
hours Monday to Friday and 18.00 hours Saturdays, Sundays and Bank Holidays.
6.7 The horizontal light spillage would be
limited to a 12 metre radius from the proposed MUGA. The nearest residential properties are situated on the north side
of School Green Road, approximately 55 metres away, with a heavily landscaped
area between these properties and the application site. Green Cottage is situated approximately 25
metres to the east of the nearest lighting column. This property has a blank
western elevation facing the proposed site. Given the information on light
spillage these distances mean that the residential property should not be
illuminated by any light spillage which should cease before its reaches that
property. Therefore, it is considered that the proposal would have an
acceptable relationship with surrounding properties. For Members information it
is understood that the type of floodlights proposed have been used successfully
at Sandown High School, Ventnor Middle School, Osborne Middle School, Ventnor
Tennis Club and Ryde Tennis Club.
6.8 The Environmental Health Officer has been
asked to comment on the revised position of the MUGA in relation to Green
Cottage specifically regarding noise disturbance and has made no additional
view to the comments already made.
6.9 Trees – The original proposal
would have seen the extension of the hard surfaced areas under the canopy of
two trees. Whilst the Tree Officer indicated that replacement would be an
acceptable solution one of the benefits of the revised proposal would be that
no trees would be impacted. The Tree Officer now wishes to see a method
statement as a condition to ensure no damage to trees during construction.
6.10 Highways and Parking – The
application site is located adjacent to a public car accessed via Moa Place
which serves the town centre as well as the adjacent West Wight Sports
Centre. No changes to the access or the
existing car park layout are proposed.
The Highways Engineer has no comments to make on this application since
there is adequate car parking available next door. The revision does not change
the highway perspective on this scheme.
7. Conclusion
and Justification for Recommendation
7.1 As originally submitted the proposal
would have seen the relocation of the skateboard park so that that facility lay
closer to Green Cottage. The existing skateboard park would then have been
enlarged to form the multi-use games area with associated flood lighting.
Members will recall that at the
Development Control Committee meeting that the adjoining property owner
expressed a preference for the multi-use games area to be located closer to
them rather than the skate board park. Had the original proposal gone forward
with the relocation of the skate board park then officers were recommending
that the use be controlled through the enclosure of the skate board park with
fencing. On the basis of the use of the current facility is unrestricted the
applicants anticipated that this may cause some difficulties and this was a
view expressed by the agent.
7.2 The revised proposal would see the
multi-use games area occupying the vacant tennis court nearer the residential
property. The skateboard park would stay in its existing position. It is the
view of officers that use of the MUGA which incorporates floodlighting would
not have an adverse impact on the amenities of the occupants of that property.
Accordingly, the development is considered to comply with the policies as set out
in the Unitary Development Plan and can be supported subject to appropriate
conditions.
8. Recommendation
Conditional approval.
Conditions/Reasons:
|
1 |
The development
hereby permitted shall be begun before the expiration of 3 years from date of
this permission. Reason: To comply with Section 91 of the Town and
Country Planning Act 1990. |
|
2 |
Before the
development hereby approved commences details of the proposed boundary
fencing and rebound boards shall be submitted to and agreed in writing with the
Local Planning Authority. Use of the
Multi Use Games Area shall not commence until the boundary fencing and
rebound boards have been installed in accordance with the approved details. Reason: In the
interests of the visual amenity of the area and to prevent nuisance to the
public from stray balls and to comply with policy D1 (Standards of design) of
the Isle of Wight Unitary Development Plan |
|
3 |
The light sources
hereby permitted shall be fitted with baffles / shields to minimise any
horizontal light spillage. Reason: To
protect the amenities of local residents and to comply with policy D1
(Standards of design) of the Isle of Wight Unitary Development Plan. |
|
4 |
The multi games
area shall not be used outside the hours of 09.00 to 21.30 hrs Monday to
Friday, 09.00 to 18.00 hrs Saturday and 10.00 to 18.00 hrs on Sundays and
Bank Holidays. Outside these times the facility shall be kept locked. Reason: To
protect the amenities of local residents and to comply with policy D1
(Standards of design) of the Isle of Wight Unitary Development Plan. |
|
5 |
The floodlights
hereby permitted shall not be illuminated outside the hours of 9.00 to 21.30
hours Monday to Friday, 9.00 to 18.00 hours Saturdays and 10.00 to 18.00
hours on Sundays and Public Bank Holidays. Reason: To
protect the amenities of local residents and to comply with policy D1
(Standards of design) of the Isle of Wight Unitary Development Plan. |
|
6 |
Before the
development hereby permitted is commenced details of a replacement tree
planting scheme shall be submitted to, and agreed in writing by, the Local
Planning Authority. These details
shall include the species, number, size and position of the replacement
trees. The approved tree planting
scheme shall be carried out within 1 year of the completion of the
development and any trees which die, are removed or become seriously damaged
or diseased within a period of 5 years from the completion of the development
shall be replaced in the next planting season with other trees of similar
size and species. Reason: In the
interests of the visual amenity of the area and to comply with Policy C12
(Development affecting trees and woodland) of the Isle of Wight Unitary
Development Plan. |
