Agenda item

Application for a new planning permission to replace an extant planning permission HGY/2009/0723, in order to extend the time limit for implementation, for creation of 6 x multi use games areas and two tennis courts together with close netted wire fence 4 metres high; new gravel footpath and 1 metre high retaining wall along with the insertion of 3 x underground rainwater collect and holding tanks. Placing of 10 x new seating benches and planting of trees and refurbishment of existing building into changing room.

RECOMMENDATION: Grant permission to replace extant permission.

 

The Committee considered a report, previously circulated, on an application for a new planning permission to replace an extant permission in order to extend the time limit for implementation of development at 185a Park Road N8 to create six multi-use games areas and two tennis courts. The report set out details of the application, the site and surroundings, planning history, relevant planning policy, consultation and responses, analysis, human rights and equalities issues and recommended that permission be granted to replace the extant permission. The planning officer gave a presentation outlining the key aspects of the report and responded to questions from the Committee.

 

At 9.35pm, the Committee resolved to suspend standing orders in order to complete the business under consideration.

 

• The planning officer advised the Committee that could reconsider the application in its entirety.
• It was confirmed that maintenance of the boundary fences was a condition on the existing planning consent.

 

A local resident representing Creos (Crouch End Open Space) addressed the Committee in objection to the application and raised the following points:

 

• At the time of the original consent being granted, the Committee had been told that there would be no application for floodlighting, which there subsequently was and was granted on appeal.
• The site had been blighted by neglect and was in a state of disrepair.
• No habitat or bat survey had been submitted to the Council .
• The tennis facilities were felt to be inadequate, due to lack of space.
• There were issues with parking, traffic and access associated with the proposal.
• Activities at the Pavilion were causing noise pollution affecting residents at night.
• The applicants had failed in their commitments, had alienated residents, and the extant permission should be allowed to lapse.

 

The Committee asked questions of the objector, as a result of which the following points were raised:

 

• In response to a question regarding the Planning Inspector’s view that a limited degree of floodlighting would be incongruous and that there was no evidence that the area was of particular significance for the environment or wildlife, the objectors advised that they were aware of bats in the area, and did not believe that a bat survey had been undertaken.
• The objector noted that there were other floodlit tennis courts in the local area, and that there was no need for more.
• Concern was raised regarding the predominance of football in the use of the site.
• The objector stated that the applicants had had three years in which to enact the conditions on the original permission and had not done any of the things required.

 

The applicant and the Headteacher of Heartlands High School, addressed the Committee in support of the application:

 

• Developing the site would lead to regeneration of the site and would be good for the community and local schools.
• The conditions proposed would all be met.
• When Heartlands High School had been opened, it was recommended that they should find suitable playing fields; this was a great opportunity to secure playing field provision for the students of the school and make a real difference.
• It was proposed that the fields be used for cricket, football, athletics and tennis, and would be used by the school for a minimum of 25 hours per week.
• Pupils would travel to the site by minibus and there would therefore not be any issues associated with students travelling to or from the site independently.
• The Committee was asked to grant the application.

 

In response to questions from the Committee, the following points were raised by the applicant and supporter:

 

• The school had Building Schools for the Future funding to invest in a sub-lease of the site for a period of 22 years.
• It was confirmed that the site would be available for use by other parties, also to be agreed by contract.
• It was not anticipated that there would be any issue regarding noise, as the site was sufficiently set back from neighbouring properties and a range of conditions had been agreed to mitigate any issues.
• It was suggested that a condition be added regarding the applicant looking into the issue of modern technology in floodlighting that might assist in preventing light pollution.
• It was confirmed that, if agreed, all the conditions on the original permission would be carried over, with one minor amendment to the condition regarding ecology.
• It was requested that the hours of use for the MUGA be amended to between 0800 and 2000 (April to September), in line with the Inspector’s decision, and not 2100 as set out in the report.
•  It was requested that an informative be added seeking discussions between the applicants and local ward councillors regarding the design of the proposed screening.
• An informative was sought asking the applicants to make it clear to local residents how they could complain in the event of noise nuisance.

 

The Chair moved the recommendations of the report, with an additional condition in respect of the application of modern technology designed to reduce light pollution, the amendment of the condition regarding the hours of use of the MUGA to 20:00 (April to September), and additional informatives with regard to discussions being held between the applicants and local ward councillors around the design of the screening and that it should be made clear to local residents how they could complain in the event of noise nuisance. It was:

 

RESOLVED

 

That, subject to an additional condition in respect of the application of modern technology designed to reduce light pollution, the amendment of the condition regarding the hours of use of the MUGA to 20:00 (April to September), and additional informatives with regard to discussions being held between the applicants and local ward councillors around the design of the screening and that it should be made clear to local residents how they could complain in the event of noise nuisance, planning application HGY/2012/1279 be granted, subject to conditions.

 

Drawing No’s: TMC/01,  02A & TMC/03.

 

Conditions:

 

IMPLEMENTATION

 

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.

 

SITE LAYOUT & LANDSCAPING

 

3. That prior to the commencement of the development, hereby approved, full details of the surface treatment of all areas of hardsurfacing within the applicable part of the site as well as details of the close netted wire fence shall be submitted to and approved in writing by the Local Planning Authority. These areas shall then be constructed and marked out in accordance with the approved details prior to their first use, or other timescale as agreed in writing with the Local Planning Authority.

 

Reason: In the interests of visual amenity of the area.

 

4. 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.

 

5. Prior to development commencing details of the number of, type, finish and location of 20 secure cycle stands as well as 2 disable car parking spaces shall be submitted to and approved in writing by the Local Planning Authority and thereafter provided in accordance with the approved details.

 

Reason: To ensure satisfactory facilities for cyclists and adequate disabled parking provision.

 

6. A scheme for the repair/ replacement of the fence along the southern boundary of the site adjoining the public footpath shall be submitted to and approved in writing by the Local Planning Authority prior to the completion of the development. This scheme shall be fully implemented before the multi use games area hereby approved is brought into use.

 

Reason: To prevent danger, obstruction and inconvenience to users of the adjoining public footpath

 

7. No part of the development hereby permitted shall be brought into use until works to create a 4.1metres-wide access onto Park Road, which would allow entering and exiting vehicles to pass each other, have been submitted to and approved in writing by the Local Planning Authority and thereafter implemented.

 

Reason: To minimise vehicular conflict and conflict of vehicles with pedestrians/cyclists and to ensure highway safety at this location.

 

CONTROLS ON USE

 

8. The MUGA shall not be used other than between the hours of 08.00 and 18.00 during the winter months (October to March) and between the hours of 08.00 and 21.00 during the summer months (April-September).

 

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

 

NATURE CONSERVATION

 

9. No development shall take place until a Phase 1 habitat survey, bat roost potential survey, has been carried out and approved in writing by the Local Planning Authority prior to the implementation of the development hereby permitted. Should the presence of bats on site be found, then no development shall take place until full details of measures for bat migration and conservation have been submitted to and approved by the Local Planning Authority.

 

Reason: To safeguard the ecology of the Metropolitan Open Lane and to protect species in line with UK and European Law.

 

9. To the extent that it is lawfully permitted to do so, the applicant shall use reasonable endeavours to ensure that not less than 20 percent (20%) of the onsite workforce (excluding managers and supervisors) employed during the construction of the development shall be 'local residents'. In the event that achieving 20% proves impracticable for reasons notified in

writing to the Council, then a lower figure will be agreed by the council as local planning authority. The applicant shall provide written records of the recruitment process undertaken and the resulting employment outcomes required to fulfil this condition, to the local planning authority, prior to the occupation of the development.

 

Reason: In order to support local residents in gaining access to employment and training opportunities in the borough.

 

 

REASONS FOR APPROVAL

 

This determination has been made having regards to the previous consent under LPA Ref: HGY/2009/0723. The current proposal is a renewal of this previous consent. The scheme in terms of its scale layout and design is still considered acceptable and compatible with the established use of this site. The proposal will not adversely affect the residential amenities of the nearby residents by reason of noise or disturbance and the traffic impact associated with the development will not adversely affect adjoining roads network. As such the proposal is considered to be in accordance with policies UD3 ‘General Principles’, UD4 ‘Quality Design’, ENV6 ‘Noise Pollution’, M6 ‘Road Hierarchy; M10 ‘Parking for Development;. OS2 ‘Metropolitan Open Land (MOL)’, OS11 ‘Biodiversity’, OS13 ‘Playing Fields’, OS17 ‘Tree Protection, Tree Masses and Spines’

 

Section 106: No

 

Please note that the conditions referred to in the minutes are those as originally proposed in the officer's report to the Sub-Committee; any amended wording, additional conditions, deletions or informatives agreed by the Sub-Committee and recorded in the minuted resolution, will, in accordance with the Sub-Committee's decision, be incorporated into the Planning Permission as subsequently issued.