21/00350/FUL - Conversion of the existing playing field with an artificial grass surface with associated fencing, floodlighting, access paths, and a landscaped earth bund. Land South East Of The Arc, High Street, Clowne
i) 21/00350/FUL - Conversion of the existing playing field with an artificial grass surface with associated fencing, floodlighting, access paths, and a landscaped earth bund. Land South East Of The Arc, High Street, Clowne
Committee considered a report presented by the Assistant Director - Development and Planning in relation to the above application submitted by Bolsover District Council.
The application had been referred to Planning Committee as it was a ‘major’ development proposal and a small number of representations had been received from adjacent residents.
The report provided details of the application and highlighted the key issues.
Further information was included in the Supplementary Report regarding a suggested amendment to the officer recommendation to allow the applicant to deal with any potential land slide issues, an outstanding consultation response from the Lead Local Flood Authority and their subsequent comment on the 8th September 2021 and two further representations received from adjacent residents were the Supplementary Report concluded that the proposed mitigation measures would address their concerns.
In response to a query from Councillor Allan Bailey, the Assistant Director – Development and Planning noted that there were no archaeology issues of concern in relation to the site.
In response to a query from Councillor Derek Adams, the Assistant Director – Development and Planning noted that the 3G artificial turf was recommended by the Football Association and any future cleaning issues of the turf would have previously been taken into consideration.
Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams
RESOLVED that the final decision on the application be delegated to the Planning Manager, in consultation with the Chair and Vice Chair of Planning Committee, subject to the receipt of the required topographical plan and confirmation that this is acceptable to the Council’s land stability advisors, Eastwoods. The permission being subject to the conditions as detailed below, including any additional conditions that may be required through the Eastwoods consultation, and with the inclusion of the additional advisory notes suggested by the Lead Local Flood Authority (Derbyshire County Council).
1. The development shall be begun before the expiration of three years from the date of this permission.
2. The development hereby permitted shall be carried out in accordance with the following plans and documents and shall be retained as such for the life of the development:
· Proposed drainage - 07 Rev 00; received on the 26th August 2021
· Revised proposed site layout - 03 Rev 01; received on the 23rd August 2021
· Revised proposed AGP layout - 04 Rev 02; received on the 23rd August 2021
· Revised proposed AGP Elevations - 06 Rev 02; received on the 23rd August 2021
· Landscaping planting plan - 780 Rev P03; received on the 23rd August 2021
· Construction Phase Health and Safety Plan - Compiled for: Football Foundation (28/7/21); received on the 28th July 2021
· Revised site location plan - 01 Rev 02; received on the 24th June 2021
· Appendix D - Proposed materials and appearance - Surfacing Standards Ltd; received on the 11th June 2021
· Floodlighting system - Philips OptiVision LED gen 3.5; received on the 11th June 2021
· Existing site plan - 02; received on the 11th June 2021.
· Attenuation calculations; received 11th June 2021
· Lighting Assessment - CLS010 21-05-2021, designed by Nick McLaren; received on the 11th June 2021.
· Noise Impact Assessment - Ref: 8976/DO May 21; received on the 11th June 2021
· Preliminary Ecological Appraisal - BJ Collins (June 2021); received on the 11th June 2021
· Soakaway Test Report - Project no. EAL.178.20; received on the 11th June 2021.
3. The materials and finishes to be used on the approved fencing and storage container shall be as stated on the submitted application form and plans.
4. Prior to the development hereby permitted being brought into use, a scheme of noise mitigation shall be submitted to and approved in writing by the Local Planning Authority. The approved mitigation shall be implemented in accordance with the agreed document and maintained as such throughout the life of the development.
5. The hereby approved landscape bund and acoustic fence shall be constructed in accordance with the approved details, prior to the development being brought into use and shall be retained and maintained for the life of the development.
6. The hours of use for the playing pitches hereby permitted shall be between the hours of 9am to 9pm Monday to Friday, and 9am to 6pm on Saturdays, Sundays and Bank Holidays.
7. Prior to the development hereby permitted being brought into use, the applicant shall provide verification that the lighting installation complies with the limits provided in the guidance "Guidance Notes for the Reduction of Obtrusive Light GN01:2011" produced by the Institution of Lighting Professionals. Specifically, the validation should demonstrate compliance with the requirement of table 3: Maximum values of vertical illuminance on premises and table 4: Limits for the luminous intensity of bright luminaires for environmental zone E3.
8. The development hereby permitted shall be carried out in strict accordance with the recommendations set out in Section 6 of the Preliminary Ecological Appraisal.
9. The development hereby permitted shall be carried out in accordance with the proposed landscaping plan, submitted on the 23rd August 2021. The bund shall be planted using a species rich wildflower mix, and shall contain a mix of the fine leaved grasses and herbs as identified in advisory note 1. The landscaping shall be provided within the first planting season following completion of the development and shall be retained as such in accordance with the approved details.
If within a period of five years from the date of the planting of any tree or shrub that tree or shrub may die, be removed, uprooted or become seriously damaged it shall be replaced by another of the same species during the first available planting season, unless a variation of the landscaping scheme is approved in writing with the Local Planning Authority.
Reasons for Conditions
1. To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.
2. To ensure that the development takes the form as envisaged by the Local Planning Authority.
3. To ensure a satisfactory appearance of the completed development. In the interests of visual amenity and in compliance with policies SS1 and SC3 of the adopted Local Plan.
4. To protect the amenity of residents living to the south of the site. In the interests of residential amenity and in compliance with policies SC3 and SC11 of the adopted Local Plan.
5. To protect the amenity of residents living to the south of the site. In the interests of residential amenity and in compliance with policies SC3 and SC11 of the adopted Local Plan.
6. To protect the amenity of residents living to the south of the site. In the interests of residential amenity and in compliance with policies SC3 and SC11 of the adopted Local Plan.
7. To protect the amenity of residents living to the south of the site. In the interests of residential amenity and in compliance with policies SC3 and SC11 of the adopted Local Plan.
8. To ensure that adequate mitigation is provided to ensure that protected species are afforded adequate protection, and to off-set against the loss of amenity grassland, in the interests of biodiversity and in compliance with policies SS1, SC3 and SC9 of the adopted Local Plan.
9. To ensure that the site is landscaped in accordance with the approved details, and is retained as such, In the interests of visual amenity and biodiversity, and in compliance with policies SS1, SC3 and SC9 of the adopted Local Plan.
1. In accordance with condition 9 above, Derbyshire Wildlife Trust has recommended the following species for inclusion in the bund planting:
Fine-leaved grasses - Common bent, Red fescue, Crested dog's-tail, Quaking grass, Sweet vernal grass; Herbs - Common bird's-foot-trefoil, Common stork's-bill, Germander speedwell, Thyme-leaved speedwell, Red clover, White clover, Common cat's-ear, Oxeye daisy, Selfheal, Black medick, Wild strawberry, Yarrow, Lady's bedstraw, Lesser stitchwort, Pignut, Burnet-saxifrage.
Statement of Decision Process
The case officer has worked positively and pro-actively with the applicant to address issues raised during the consideration of the application. The proposal has been considered against the policies and guidelines adopted by the Council and the decision has been taken in accordance with the guidelines of the Framework.
Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e. “the Public Sector Equality Duty”).
In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic
Human Rights Statement
The specific Articles of the European Commission on Human Rights (‘the ECHR’) relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).
It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process. In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.