Agenda item

Construction and operation of a Go Ape high ropes course

 

RECOMMENDATION: grant permission subject to conditions.

The Committee considered a report on the application to grant planning permission for the construction and operation of a Go Ape high ropes course. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy, consultation and responses, analysis, equalities and human rights implications and recommended to grant permission subject to conditions.

 

The planning officer gave a short presentation highlighting the key aspects of the report. The attention of the Committee was drawn to a tabled addendum setting out four further objections received since the publication of the agenda as well as further information from the National Planning Policy Framework regarding the consideration of ecological impacts.

 

A number of objectors addressed the Committee and raised the following points regarding the application:

·         Plans to develop the lower field were solely due to profitability and at a time when the Park was already experiencing a record number of visitors and events. This was having a negative impact on wildlife as well as neighbouring properties including from parking pressures and an increase in litter and antisocial behaviour in the Park.

·         The scheme would have a negative impact on biodiversity linked to the destruction of habitats as identified within the objection from the London Wildlife Trust.

·         The application would reduce the amount of free recreational space available for the use of local people and which played an important role in their wellbeing.

·         Claims used to justify the removal of the deer park to allow the scheme were not true.

·         Overlooking would occur from the 12m high course platforms into the windows of neighbouring properties infringing of their unalienable right to private enjoyment of their homes. 

·         The research undertaken by Go Ape had not been related specifically to Alexandra Park as it was focussed on current out of town locations.

·         Concerns were expressed that the operator would seek to extend their service offer to include the running of forest Segway tours and which would add to noise levels.

·         The operation of the course would cause noise disturbance to local residents especially considering the 8am-9pm opening hours, 7 days a week, at a rate of 60 visitors per hour. No controls or redress appeared to be planned to control or manage noise. Doubts were expressed on the impartiality of the noise report carried out on behalf of the applicant.

·         The historic Park was grade 2 listed and a designated Site of Importance for Nature Conservation and as such development that would permanently change its character should not be allowed. 

·         Veteran trees would be damaged by the platforms.

·         Plans did not include provision for waste storage or toilets.

·         The Park already had insufficient capacity to cater for the additional parking demand generated at the weekends illustrated by having to use a local school for parking for visitors to the farmer’s market.

·         A large number of objections had been submitted in response to the scheme and there had been no direct consultation with local residents.

·         It was commented that it was hoped that determination of the application wasn’t a ‘done deal’ and that the objections from residents would be taken into account.

·         Such a rope course should be located in woodland areas and not in a city park adjacent to residential streets.

·         It was questioned whether the drive for the application was to generate income for the Council.

 

Two supporters for the application, the Chief Executive of Alexandra Park and Palace Charitable Trust and a representative for the applicant, addressed the Committee and raised the following points:

·         The Park and Palace was held in Trust for the enjoy and use of the public and had offered a range of recreational facilities and events over the years. It was important that the Palace adapted to ensure the sustainable future of such a valuable heritage asset.

·         Several commercial activities currently onsite provided critical resources to further the Trust’s charitable purposes. These were carefully managed as reflected in the Park’s achievement of green flag status and London in Bloom gold award.

·         The site selected for the course had established use for recreation, was easily accessible, had parking close by and was suitably distanced from nearby residential properties.

·         The course would have minimal impact on the Park and wildlife habitats and that any adverse impacts would be properly mitigated.

·         The Go Ape lease would include requirements around litter management and the undertaking of 3 year ecological assessments.

·         The proposal would have a low noise impact as supported by independent noise impact assessments undertaken at other Go Ape sites.

·         It was in Go Ape’s interests to ensure the ecology of the area and health of trees, with an ecology study supporting the activity as being low impact and easily mitigated. An enhancement strategy would also be submitted prior to the start of construction works to take into account the results of the invertebrate survey to be carried out next month.

·         The appearance of the area including litter was of commercial importance to the operators, with daily litter picking planned.

·         The applicant had experience of operating at 29 other sites. The additional security provided to these sites served as a deterrent to antisocial behaviour.

·         Other benefits to the borough included the creation of new jobs, none of which would be based on zero hours contracts, and the provision of a number of free tickets for schools.

 

The legal officer to the Committee responded to a comment raised by an objector suggesting the outcome of the meeting might already have been decided. He outlined that the Committee sat in capacity as the local planning authority, a distinct and separate entity to that of the local authority or Alexandra Palace and Park Trust, and had the sole responsibility of determining the application. It was also commented that the professionalism and objectivity of the Council’s planning officers should not be called into question. The Committee were entitled to disagree with officer advice and recommendations provided this was on sound planning grounds.

 

The Committee raised the following points in discussion of the application:

·         Clarification was sought on the objections raised regarding potential overlooking. Officers advised that an assessment had been made based on the height of the poles compared to the distance to the closest residential properties. The closest dwelling was 50m from the course and as such, it was concluded that the scheme would have no significant impact on privacy. 

·         Comments were sought on the lack of toilet provision within the application. The applicant confirmed that facilities were available within the nearby Palace.

·         Plans for future noise monitoring arrangements were questioned. Officers advised that none was proposed at the current time. The noise survey indicated only a 2dB worst case scenario noise increase arising from the operation of the course which was considered acceptable inline with guidance and thereby noise monitoring was not required. The applicant confirmed that the noise survey included noise from people using the course.

·         It was commented that there was an error in the report in detailing the Council as the owner of the site and that the distinction had not been made between Council owned and charitable land. The legal officer responded that in terms of the determination of the application, the very technical, legal distinction bore no relevance and that the Council, by virtue of Local Government Act 1972, had a role to play in the charitable trust in any event. The Head of Development Management also added that this issue had been discussed by officers and advised that a legal case had identified the Palace and Park as belonging to the Council because it was in Trust, with many of the trustees Council members. Therefore, in the interests of transparency, as for other applications on Council land, the application had come to Committee for determination despite it falling within officer delegation powers. 

·         Clarification was sought on any plans for the protection of bats onsite. It was advised that a survey had been undertaken which had identified only one tree with low potential for bat roosting and which would not be included within the course. 

·         Arrangements for the securing of local jobs was questioned. The applicant advised that the recruitment process would be undertaken through the Council’s economic development team to recruit locally and extended wider as necessary.

·         Litter management arrangements for the course were questioned. Clarification was provided that under the terms of the lease, the course and surrounding areas would be subject to daily litter picking.

·         In response to a question, it was confirmed that the course would not be enclosed by a fenced perimeter, thereby allowing free access underneath, with the towers the only element closed off outside of the hours of operation.

·         Clarification was sought on whether any concessionary pricing arrangements would be available. It was advised that national ticket discounts would be applied such as for NHS staff etc as well as the development of a local discount scheme, the details of which were to be confirmed.

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2015/3141 be approved subject to 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 accordance with the following approved plans and specifications:

Reason: In order to avoid doubt and in the interests of good planning.

 

3.    The use hereby permitted shall not be operated before 08:00 hours or after 21:00 hours at anytime. 

Reason: This permission is given to facilitate the beneficial use of the premises whilst ensuring that the amenities of adjacent residential properties are not diminished consistent with Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

4.    Should the Go Ape operations cease on site the structures must be removed (and the land restored to its former condition) by or within three months of the cessation of operations.

Reason: To restore the site back to its original appearance, in the interest of a tidy site within this historic park and conservation area, to accord with Local Plan Policy SP12. 

 

5.    No development shall take place until  an Ecological Impact Assessment phase 2 survey work for invertebrates has been conducted and a full and detailed mitigation strategy (in accordance with the findings of the survey work and the ecological appraisal report) has been submitted to and approved in writing by the Local Planning Authority. Such a scheme as approved shall be implemented and permanently retained thereafter.  The mitigation shall include habitats for breeding birds and an educational resource such as interpretation panels and a schools pack highlighting the value of the trees as a habitat.

Reason: To ensure that the development will make a positive contribution to the protection, enhancement, creation and management of biodiversity and protect and enhance the adjoining Site of Importance for Nature Conservation (SINCs) in accordance with London Plan Policies Policy 7.19 and Local Plan Policy  SP13. 

 

6.    Go Ape shall commit a named individual to participate in the Jobs for Haringey Initiative by working in partnership with the Assigned Officer to meet the requirements of the Jobs for Haringey Initiative during the operation of the development to ensure that employment and training opportunities including jobs and apprenticeships arising from the Development post will be available to residents of the administrative area of the Council.

 

7.    Go Ape shall will designate a named contact to liaise with the Haringey Employment and Recruitment Partnership’s lead contact to ensure efficient management and supply of local Council residents for employment and training opportunities post Implementation of the Development and the Haringey Employment and Recruitment Partnership will provide and prepare said Council residents for all employment and training opportunities and will be the sole conduit for any recruitment assessment screening testing and application support arrangements.

Reason: In order to ensure that the scheme provides employment opportunities within the Borough and for the local community.

 

8.    The development hereby permitted shall be built in accordance with the Method statement – ‘Attaching the Go Ape Course to Trees’ and retained and monitored thereafter in perpetuity.

Reason: To ensure that the development will not harm the health or longevity of the existing tree on the site in accordance with Saved UDP (2006) Policy OS17. 

 

Informatives:

 

INFORMATIVE: In dealing with this application, Haringey Council has implemented the requirements of the National Planning Policy Framework and of the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 to foster the delivery of sustainable development in a positive and proactive manner.

 

INFORMATIVE : 

Hours of Construction Work: The applicant is advised that under the Control of Pollution Act 1974, construction work which will be audible at the site boundary will be restricted to the following hours:-

- 8.00am - 6.00pm    Monday to Friday

- 8.00am - 1.00pm    Saturday

and not at all on Sundays and Bank Holidays.

 

INFORMATIVE: All tree works shall be undertaken by a qualified and experienced tree surgery company and to BS 3998:2010 Tree work - Recommendations.

INFORMATIVE: Countryside and Rights of Way Act 2000

The applicant is advised that a tree may provide a habitat for plants and wildlife protected under the Countryside and Rights of Way Act 2000 especially where trees are dead or dying or if works are carried out during the nesting season.