Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. Planning permission is required to construct a mini synthetic turf pitch (STP) (60.9 metres x 42.6 metres) with six No.4 metre high green weldmesh ball stop fencing, six No.10 metre high floodlighting columns, associated drainage and access footpath. Enhance an existing tennis court with 2.4 metre high weldmesh fencing, six eight metre high floodlighting columns and part reinstate an existing football pitch at Noadswood Secondary School, North Road, Dibden Purlieu. (Application No. 09/93834).

1.2. Issues: Existing and proposed development relating to the STP and enhanced tennis courts, compliance with the current adopted Local Plan policies, consultees views, consideration of objections from local residents.

1.3. Reason for decision: It is considered the proposal would be in accordance with the development plan (summary attached in Appendix C) and would not materially harm the immediate area and is acceptable in terms of highway safety. However, it is considered there maybe some impact on occupiers of those properties in Lime Walk which are closest to the existing tennis courts site. Taking into account all the considerations, there is on balance, no substantive reason to withhold planning permission.

2. Site

2.1. Noadswood Secondary School is an established school within a primarily residential area as shown on the attached plan. The main school buildings are at the south-west half of the campus whilst their sports fields are north of these buildings. North west of the main buildings is Orestone Copse which is a Site of Importance for Nature Conservation (SINC), north-east of that but running parallel to the existing school playing fields, is a mixture of grazing land and tall bushes. Challenger Way forms a highway barrier between the grazing land and residential development. Further north and adjoining the campus playing field are the Orchard Junior and Infant Schools and their associated playing fields. Adjoining the south-east boundary of Noadswood School is Water Lane which has numerous residential properties backing on to it, although the actual houses are accessed from Lime Walk (public highway). These houses in Lime Walk are on slightly higher ground than the school ground and their respective gardens back on to Water Lane; there are numerous mature trees on the garden boundaries with Water Lane.

2.2. Proposals

2.3. There are three proposals to be considered:

(i) construction of a new synthetic turf sports pitch with six No.10 metre high floodlighting columns, provision of six metre and four metre high green weldmesh ball-stop fencing, associated drainage and footpath links;

(ii) enhance an existing tennis courts with six No. eight metre high floodlighting columns, provision of 2.4 metre high weldmesh fencing;

(iii) partial re-instatement of one the existing grass football pitches near to the proposed STP.

2.4. Synthetic Turf Sports Pitch (STP): This proposal is to be positioned northwest of the main school buildings but close to them, particularly the Sports Hall. In addition, it is near the SINC and grazing land. The STP will be approximately 60.9 metre by 42.6 metre with six metre high and four metre high green weldmesh ball-stop fencing but the proposal is not near any housing. Associated soakaways are to be installed in addition to providing some new footpaths. In order to construct the new sports pitch, a temporary haul road is to be provided from Water Lane by using an existing gated entrance which is for grounds maintenance. The temporary haul road would be reinstated on completion of the works. As the school is a community school it is anticipated the hours of use for the STP will be: weekdays from 0830 to 2145, on Saturday from 0900 to1830, and on Sunday/public/bank holidays 1000 to 1600. During the normal school day, the school will use the pitches with community use at other times. Soils from the construction of the STP will be stored on site and used to reinstate the steeply sloping part of the sports field that sits on the north side of the STP.

2.5. Floodlighting of STP: There will be six 10 metre high lighting columns fitted with the most up to date floodlights. These floodlights are designed to concentrate the light on to the playing area and not into the sky or have excessive light-spill. The floodlighting will have a timed over-ride to allow a 15 minute end of games session before the lighting is turned off. This is required for safety reasons whilst players leave the pitch(es).

2.6. Enhancement of existing tennis courts. These tennis courts are close to the south eastern part of the main school buildings but front on to Water Lane. The existing courts are being resurfaced and the location of the courts is not being altered. The additional aspect of the courts is for the provision of six No. eight metre high floodlighting columns, provide 2.4 metre high fencing to allow for evening netball coaching sessions and potential evening tennis use. A proper designed acoustic barrier fence will be installed with the new fencing on the Water Lane frontage. The courts are intended for infrequent and programmed use outside of school hours on an advanced booking only basis and between the following times - Monday to Thursday 1530 to 2000, Saturday 0900 to 1700, but on Friday and Sunday there will be no use. At this early stage no timetable of bookings has been drawn up. The intention is that the facility will be set up for netball use as its primary function and the Waterside Netball Club would potentially be hiring the court on one evening and each Saturday morning throughout the year. Tennis hiring may be seasonal coinciding with Wimbledon. No out of school hours basketball or football use is envisaged. A timed over-ride of the floodlights will allow 15 minutes for the courts to be cleared of players and then the lights will go out.

2.7. Reinstatement of part of football pitch. This is to re-grade and level part of one of the existing football pitches which is closest to the proposed STP; some of the sub-soils and top soils will come from the works on the STP.

2.8. An Ecological Assessment has been received as an additional document to the planning application. An Extended Phase 1 Habitat Survey (EP1HS) was undertaken which comprised of a desk study, a Phase 1 Habitat Survey and a walkover to assess the potential for protected species and map habitat types at the school site. The EP1HP has identified that the habitats are likely to support breeding birds, badgers, bats and dormice. Three bat surveys were undertaken during May 2009 and no roosts were identified within trees along the periphery of the designated ancient woodland of Orestone Copse (SINC) or the mature trees along Water Lane. Bats were recorded foraging and commuting in both areas.

2.9. The report considers that with mitigation such as minimising noise disturbance, the use of accessories to direct the light spill and potential relocation of the STP away from the woodland, the impact to protected species and protected habitats can be reduced. It recommends that at least a five metre wide buffer zone is created between the new STP and the edge of Orestone Wood, thereby minimising the impact on the SINC and protected bat habitat. This buffer zone will be created using similar native species of trees and shrubs to those currently found in the woodland and are to include Hazel, Pedunculate Oak (Common Oak), Holly, Beech, Hawthorn, Dog Rose and Yew.

3. Development Plan

3.1. New Forest District Local Plan First Alteration (adopted August 2005), shows the site as an existing school within the defined built-up area for Hythe and Dibden. In addition, the proposed STP is shown as being in an area for "Private/education authority recreational land." The proposed developments accord with Policies DW-E1 (General Development Criteria), DW-R2 (Protection of private or education authority recreation facilities), BU-LC7 (Community facilities and services in built-up areas outside town centres)

4. Consultations

4.1. New Forest District Council have raised no objection subject to conditions. Their "Members did however want to reinforce the need to ensure that further steps are taken to mitigate against both noise and light overspill to the neighbouring properties, to minimise disturbance for those residents."

4.2. Hythe and Dibden Parish Council "object; whilst the Parish Council supports the provision of all sports facilities there are concerns over the times that the facilities will be available for use and the impact that it will have on residents due to increased noise and light levels."

4.3. BAA Aerodrome Safeguarding consider "from an aerodrome safeguarding perspective does not conflict with safeguarding criteria, therefore have no objection to this proposal."

4.4. The Local Member, Councillor Dash "strongly supports this application."

4.5. Environment Agency has no objection in principle subject to a condition requiring a five metre wide buffer be provided between the SINC (Orestone Copse) and the development.

4.6. Sport England "welcomes the applicant's proposal for community use and floodlighting for the STP and tennis courts which will maximise their benefit to sport......Sport England considers that the proposed scheme meets with exception E5 of (their) adopted Playing Fields Policy in that the proposed development is for an outdoor sports facility, the provision of which would be of sufficient benefit to the development of sport as to outweigh the detriment caused by the loss of playing field or playing fields." Sport England request that the planning permission includes conditions to cover a Community Use Scheme, reinstatement of the temporary haul road, and others.

4.7. Natural England comment that based on the information provided, Natural England has no objection to the proposed development although, it is noted the proposal may impact on Orestone Copse SINC, in particular to the use of floodlights and close proximity to this area, designated for its ancient woodland.

5. Representations

5.1. Eight letters of objection/concern have been received from local residents whose gardens of their properties face on to the tennis courts. No representations were received from those local residents whose properties are in the area for the STP. The grounds of objection/concern are:-

(i) proximity and impact on residential properties of the enhanced tennis courts with its floodlighting;

(ii) tennis courts should be relocated elsewhere;

(iii) intrusion of lighting and additional noise particularly from the tennis courts when in use;

(iv) lack of sufficient information regarding use of the tennis courts and STP outside of school hours;

(v) development will bring unacceptable traffic nuisance.

5.2. A local Ward Councillor "supports the principle and provision of sports facilities at the school, but objects to the proposed times/days availability for use due to the increased noise and light levels that will have a very negative impact on local residents. A reduction in both times and days of the week it is open would be a more appropriate proposal minimising the effect on the local residents."

6. Members' Site Visit

6.1. Nine Members of the Committee, Councillors Cooper, Dash (as the Local Member), Hockley, McIntosh, Neal, Pearce, Price, Simpson, and Wall, with Councillor McIntosh in the Chair, undertook a visit on 13 July 2009 to a site at Noadswood Secondary School, North Road, Dibden Purlieu.

6.2. The Head of Planning and Development introduced the application and outlined the key features of the proposed application including the location of the synthetic turf sports pitch (STP) and tennis courts, both facilities to include floodlighting. He pointed out the area of the STP in relation to the nearby school buildings and Orestone Copse which is a SINC, and also to the remaining school playing fields. It was also noted there were no houses within the immediate vicinity of the proposed STP but that there was a difference of ground level with the adjoining area of sports pitches.

6.3. Members then went to the site of the existing tennis courts in the school site where they adjoined Water Lane. Members noticed the existing mature trees on the opposite side of Water Lane which partly screened the gardens and houses of properties in Lime Walk from the tennis courts. Members were advised that some of the nearby residents in Lime Walk had objected to the proposed increased use of the tennis courts and its floodlighting. In addition there would be a properly acoustic fence installed on the Water Lane frontage of the tennis courts to assist in noise reduction when the courts are in use. The proposals would be reported to the 29 July Regulatory Committee for a decision.

7. Commentary

7.1. The school with its associated sports areas is an existing established development within a primarily residential area. Therefore in principle there should be no objection to the proposed developments. However, it is acknowledged that as the school has developed over the years, changes to the school's curriculum and provision of community facilities, there is a need to improve existing facilities to accommodate such changes.

7.2. Since the Member's Site Visit on the 13 July, additional information has now been received:

(i) the synthetic turf sports pitch will be moved a total of 10 metres away from the Orestone Copse Woodland SINC. This would further reduce the impact on the SINC;

(ii) the new tennis courts perimeter fence adjacent to Water Lane is to be four metres high overall and will incorporate a Jacksons "Jakoustic Barrier", a high quality acoustic fence, to two metres above ground level;

(iii) the school are willing to adapt the lighting level of the tennis courts to reduce light spill into Water Lane.

7.3. The comments from the consultees are noted, in particular the effect of the Synthetic Turf Pitch floodlighting may have on the nearby SINC of Orestone Copse. To mitigate towards this, and as recommended by the Environment Agency and Natural England, the pitch will be moved ten metres away and a natural buffer provided of trees /bushes. Moving the STP even further away, would result in it affecting the nearby football pitch.

7.4. It is noted that Hythe and Dibden Parish Council, although supporting in general the principle of sport facilities, object to the current proposals as they consider the new development could give rise to increased noise and light levels to local residents. In response, it is considered that the STP and its associated floodlighting on the north western side of the school campus, is sufficient distance from residential properties on Lime Walk to have little effect on those properties. It is possible that during the winter months when the trees are leafless some of the floodlighting may be noticeable.

7.5. In response to the local residents concerns/objections, it is acknowledged that the extra use of the tennis courts with their associated floodlighting may give rise to some of the floodlighting being noticeable particularly during the winter months. It needs to be borne in mind that these modern floodlights which have built-in internal baffles, are designed to place most of the light on to the play court(s) and not into the sky. However it is acknowledged that even with the most advanced lighting on a sports pitch, some stray light would occur from the floodlights.

7.6. Regarding concerns about issues of noise from the tennis courts, there are bound to be certain levels of noise once the courts are being used during the normal school day, it will be the school that uses the courts. Outside the usual school hours and, bearing in mind it is a community school, limited and programmed use with advanced booking of the facility is intended. The revised out of school hours are to be Monday to Thursday 1530 to 2000, Saturday 0900 to1700, but on Friday and Sunday no use. At this stage no timetable of bookings has been drawn up. In addition, the new tennis courts perimeter fence adjacent to Water Lane is to be four metre high overall and will incorporate a properly made acoustic barrier to two metres above ground and this should help to reduce noise from the courts when in use. The tennis courts cannot be relocated elsewhere since there is not the room within the campus.

7.7. Regarding the issue of increase in traffic nuisance, it is not considered there would be a problem with this since there is plenty of parking on the school site. In addition, the after school community uses tend to be when the majority of the normal daily school parking has finished. Moreover, the Highway Authority has no objection to the proposed developments.

7.8. On balance, it is acknowledged there may be some impact of the development on local amenity particularly those residential properties closest to the site.

8. Recommendation

8.1. That planning permission to construct a mini synthetic turf pitch (60.9 metres x 42.6 metres) with six 10 metre high floodlighting columns, four metre high green weldmesh fencing, associated drainage and access footpath. Enhance existing tennis court with 2.4 metre high weldmesh fencing, six eight metre high floodlighting columns and part reinstate existing football pitch at Noadswood Secondary School, North Road, Dibden Purlieu (Application No. 09/93834), be granted subject to the conditions in Appendix B.

Links to the Corporate Strategy

CONDITIONS

Time Limits:

1. The development hereby permitted shall be begun before the expiration of three years from the date on which this planning permission was granted.

Reason: To comply with Section 91 (as amended) of the Town and Country Planning act 1990.

Hours of Working:

2. There shall be no access to the development site by any traffic associated with the construction (ie no delivery vehicles, no contractors' cars, nor plant and machinery) in the morning between 0815 and 0900 hours and in the afternoon between 1500 and 1545 hours on normal school days.

Reason: In the interests of public safety and, to avoid traffic conflict at the times of the day when pupils are arriving at and departing from school.

3. No work relating to the construction of the development approved, including works of preparation prior to operations, the delivery of construction materials, skips or machinery, nor the removal of waste materials, shall take place before 0800 hours or after 1800 hours Monday to Friday inclusive, before 0800 hours or after 1600 hours on Saturday and not at all on Sunday or public holidays unless otherwise agreed beforehand in writing with the Local Planning Authority.

Reason: To protect the amenities of occupiers of nearby properties.

Highways:

4. Before commencing construction of the approved synthetic turf pitch, the temporary haul road shall have been provided and made available for use. Any gates to be provided at the entrance of the haul road with Water Lane, shall open into the school site and not across the public highway. The gates shall be kept locked at the end of each day of working. The access crossing from the school grounds on to the public highway shall be such that it takes the weight of laden lorries. On completion of the works within the site, the temporary haul road (including any gates installed) shall be removed and the land fully reinstated. The access crossing with Water Lane shall also be fully reinstated at the same time.

Reason: To ensure that a proper haul road is provided to carry out the development and in the interest of highway safety.

5. Measures shall be taken to prevent mud and spoil from vehicles leaving the site during the construction works being deposited on the public highway. These measures shall be implemented before development commences and thereafter maintained for the duration of the construction works. No vehicle shall leave the site unless its wheels have been cleaned sufficiently to prevent mud or spoil being carried on to the public highway. In the event that any mud or spoil is deposited on the highway it shall be cleaned-off on each day of working.

Reason: In the interest of highway safety.

Lighting:

6. Unless otherwise agreed in writing by the Local Planning Authority, the floodlights on the synthetic turf pitch shall only be switched on when necessary and then only between the hours of 0830 and 2145 Monday to Friday, between 0900 hours and 1830 hours on Saturday, and on Sunday and public holidays between 1000 hours and1645 hours. A security light will be permitted for 15 minutes after the floodlights are switched off to allow safe passage from the pitch(es).

Reason: In the interest of amenity of neighbouring residents.

7. Unless otherwise agreed in writing by the Local Planning Authority, the floodlights for the enhanced existing tennis courts shall only be switched on when necessary and then only between the hours of 0830 and 2000 Monday to Thursday, between 0900 hours and 1700 hours on Saturday, but not at all on Friday or Sunday. A security light will be permitted after the floodlights are switched off to allow safe passage from the court(s).

Reason: In the interest of amenity of neighbouring residents.

Playing Field Reinstatement/STP/fencing of new development:

8. The area of land to be re-graded for the football pitch shall use clean sub-soil and top-soil from the works of the synthetic turf pitch construction. Any imported sub-soil and or top-soil shall also be clean and free from solid objects.

Reason: To ensure the works are carried out in a satisfactory manner to allow the playing field to be re-used for sport.

9. The Synthetic Turf Pitch including its associated fencing and floodlighting columns shall be constructed a minimum of ten metres away from the Orestone Copse Site of Importance for Nature Conservation (SINC).

Reason: In the interest of reducing the impact of the sports facility on the adjacent SINC.

10. Before the synthetic turf pitch and enhanced tennis courts are brought into use, all their appropriate fencing shall have been provided and erected. In the case of the tennis courts the fencing to the Water Lane frontage shall be four metres high overall and also include a Jacksons "Jakoustic Barrier" to BS EN 1793-2:1998 CatB3 to two metres above ground. The noise attenuation barrier shall be subsequently maintained as a noise barrier. In the event this particular barrier becomes unavailable, a similar barrier shall be used and the Local Planning Authority notified in writing of such change.

Reason: To provide a satisfactory development and in the case of the noise attenuation barrier, to help reduce noise impact for those residents whose properties are closest to the tennis courts.

Access and Quality of Sport Facilities:

11. Prior to the commencement of the development, a Community Use Agreement for the Synthetic Turf Pitch and the enhanced tennis courts shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme should be implemented upon commencement of use of the Synthetic Turf Pitch, and in the case of the tennis courts, before full community use is started.

Reason: To ensure a well-managed community access is achieved with sufficient benefit to the development of sport.

Annexe to Reason for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

NEW FOREST DISTRICT LOCAL PLAN FIRST ALTERATION (ADOPTED AUGUST 2005)

Policy DW-E1 (General Development Criteria)

Development shall be appropriate and sympathetic in scale, appearance, materials, form, siting and layout, and shall not cause unacceptable effects by reason of visual intrusion, overlooking, shading or other adverse impact on local amenities. Developers shall have regard to:

a) the scale and siting of the proposal in relation to adjoining development, spaces, the character of the area and the wider landscape. This will involve consideration of height, massing and density, relationship to adjoining buildings and land uses and landscape features on and off site, and other potential impacts of the proposal on local amenities, eg, noise, light or other forms of pollution, including those arising from traffic generated by the development;

b) materials and built form in relation to the character of adjoining development, local vernacular and any historic features.

Policy DW-R2 (Protection of private or education authority recreation facilities)

Permission will only be granted for the development of non-educational or non-recreational use on school playing fields and other privately owned pitches, greens, and courts (including those identified on the proposal maps) if they are within a defined built-up area and:

a) alternative open space facilities of equivalent direct benefit to the community and equivalent or better accessibility by a choice of transport modes are made available, or

b) it is demonstrated that it is surplus to requirements in terms of all its functions; or

c) the proposals bring benefits to the community that outweigh the effects of the loss of open space.

The development should not result in the loss of an open area important to the character of the locality.

Policy BU-LC7 (Community facilities and services in built-up areas outside town centres)

New developments, changes of use and extensions/additions to improve or extend community facilities and services will be permitted.