Agenda item

Construction of a non-floodlit Multi Use Games Area (MUGA) enclosed by 3.6m high metal weldmesh fencing.

RECOMMENDATION: Grant permission subject to conditions.

The considered a report, previously circulated, which gave details of the application, the applicant’s case, the site and its environment, planning history and all of the relevant planning factors and policies.

The Planning Officer gave a summary of the report submitted and then took questions from the Committee.

The Committee was advised that there would be a gap of approximately three metres between the footpath and fencing to allow for additional planting.

At the invitation of the Chair Mr Bostock, of 60 Grant Avenue, spoke in objection to the application and following his statement members of the Committee put questions to him regarding his concerns.

Mr Bostock advised that because the recreation area was used throughout the day by the Tree House School there was no respite from the sound emanating from this area. There was also a general cumulative level of noise from the Tetherdown School that resulted in a high level of noise throughout the day.

In response to a query, regarding a Noise Survey that local residents had commissioned, the Committee was advised that this had been received by the Council and an officer from the Council’s Noise Team had visited the area. However, as the sound coming from the play area could not be attributed specifically to pupils from the Tree House School the survey could not provide be considered as a reason to refuse the application.

The Committee was advised that Condition Six, detailed in the report, which confined use of the front of the site to normal school hours, was intended to protect the amenity of adjoining residents.

At the invitation of the Chair Mrs Bostock, of 60 Grant Avenue, spoke in objection the application and following her statement members of the Committee put questions to her regarding her concerns.

In response to a question Mrs Bostock advised that as the Tree House School used the recreation areas adjoining her property throughout the day, rather than being limited to set break times, which meant that there was no respite from the sound generated.

At the invitation of the Chair Mrs Bierschenk, the applicant, spoke in support of the application and following her statement members of the Committee put questions to her.

In response to a query Mrs Bierschenk advised that as Condition Six would prevent the school from using the recreation area after school during the summer months it was not ideal and would not allow the school to make best use of the facility. She noted that it had been intended that use of the facility would be offered to other local schools and that it would be used during the summer holidays as part of the holiday Play Scheme.

Mrs Bierschenk advised that only a small number of children would use the recreation area (out of normal schools hours). This was generally between six and eight pupils at any one time. It was confirmed that Beech hedges would be planted to mitigate the impact of sound consideration was also being given to the use of ‘low noise’ fencing to achieve this.

The Committee viewed the plans with Planning Officers, applicant and objectors.

The Committee discussed Condition Six and the limits that could be placed on hours of use to minimise the impact of additional sound upon local residents. It was noted that as the Council had expressed its support for extended opening hours for schools and any condition that limited use of the facility solely to school hours would contradict this.

It was proposed by Councillor Lister and seconded by Councillor Reid that Condition Six, as set out in the report, should be removed and the motion was carried as set out below:

For: 6 Against: 3 Abstentions: 0

The Committee discussed the application further and there was agreement that Condition Three with respect to planting should specify that a dense type of hedging, such as Beech, should be used between the footpath and fenced area to mitigate sound.

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY/2009/1568, be approved:

Conditions

1. The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

2. The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority.

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

3. A scheme for native tree/shrub planting around the proposed MUGA (including details of species, number, size, location and density) shall be submitted to and approved in writing by the Local Planning Authority prior to works commencing on site. The approved tree planting shall be completed within the first planting season following completion of the development approved. Any planting that is part of the approved scheme that within a period of five years after planting is removed, dies or becomes seriously damaged or diseased, shall be replaced in the next planting season and all planting shall be replaced with others of a similar size and species and in the same position, unless the Local Planning Authority first gives written consent to any variation.

Reason: To ensure a satisfactory standard of appearance and that the proposed development enhances the visual amenity of the locality.

4. The MUGA shall not be used other than between the hours of 09.00 and 18.00 Monday to Saturday and not at all on Sundays or Bank Holidays.

Reason: To safeguard the amenities of the occupiers of properties in the vicinity of the site.

5. No floodlighting or other form of external lighting, temporary or permanent, shall be installed in connection with the development hereby approved as such works would require the express consent of the Local Planning Authority.

Reason: In the interest of safeguarding local amenity and the character of the Metropolitan Open Lane.

Informative: Further to Condition 3 above, the Council would wish to see planting of a beech hedge in the western boundary of the MUGA, between the weldmesh fence to the MUGA and the boundary railings to the adjacent footpath; this beech hedge to be allowed to grow to the height of the weldmesh fence.

Informative: The applicants are advised to investigate the use of rubber insulated mountings to the weldmesh fence to reduce noise from the use of the MUGA.

Reasons For Approval 

The proposed multi use games area as per the amended scheme is now considered acceptable in terms of its siting, layout and operational use and will be compatible with the established use of this site. Given its siting the proposal will not detract from the character and setting of the Conservation Area, nor adversely impact the ecological value of the site. The proposed development will provide an important outdoor recreation facility for children and young people; in particular the children in the adjoining schools. As such the proposal is considered to be in accordance with Policies G9 'Community Well Being', UD3 'General Principles', UD4 'Quality Design', ENV6 'Noise Pollution', OS3 'Significant Local Open Land (SLOL)', OS11 'Biodiversity', OS13 'Playing Fields', OS6 'Ecologically Valuable Sites and their Corridors', and CSV1 'Development in Conservation Areas' of the adopted Haringey Unitary Development Plan (2006).

Section 106: None