Agenda item

13/05214/FUL - Malmesbury Tennis Club, Tetbury Hill Gardens, Tetbury Hill, Malmesbury, SN16 9JP

Minutes:

Public Participation

Mr Miles Edmeston, Chairman of Malmesbury Tennis Club, spoke in support of the application.

Mr Chris Miles spoke in support of the application.

Mrs Jo Kitching spoke in support of the application.

 

The Area Team Leader presented their report which recommended the application be approved. The key issues were stated to include the access and impact on highways, residential amenity and local ecology. Attention was drawn to the late observations and the proposed alteration of some conditions, as well as noting that the applicant’s had stated that a temporary permission would not enable them to secure the grant funding being sought from the Lawn Tennis Association.

 

Members then had the opportunity to ask technical questions of the officer. Details were sought on the timing controls for the operation of the floodlighting, noise concerns and the enforcement of a traffic management scheme.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The Local Member, Councillor Simon Killane, then spoke in support of the application provided the work to mitigate the concerns of residents was achieved.

 

A debate followed, where the community benefit of expanding the Tennis Club was raised, but that this would increase traffic to the site and that the proposed Travel Plan needed to be sufficient and should be reviewed in the future to ensure this.

 

At the conclusion of debate, it was,

 

Resolved:

 

That authority be delegated to the Area Development Manager to grant Planning Permission subject to agreement of an amendment to the Travel Plan to incorporate provisions for review at appropriate intervals to be agreed with the applicant and subject to the following conditions:

 

1

The development of the tennis courts and mini court hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

 

2

The practice wall hereby approved shall be discontinued and the land restored to its former condition on or before a date 12 months from when first brought into use in accordance with a scheme of work, including a timetable for restoration, first submitted to and approved in writing by the Local Planning Authority.

 

REASON: The use may be potentially detrimental to the amenities of neighbouring occupiers in terms of noise and light pollution, but there is insufficient evidence to enable the authority to be sure of its effect.

 

3

The floodlights hereby approved shall not be illuminated outside the hours of 09:00 to 21:30 on any day and shall be controlled on a timer.

 

REASON: In the interests of residential amenity.

 

4

During the construction phase no machinery shall be operated, no process shall be carried out and no delivery shall be taken or dispatched from the site outside of the following hours; Monday to Friday 07:30 to 18:00, Saturday 08:00 to 13:00, nor anytime on Sundays or public holidays.

 

REASON: In the interests of residential amenity.

 

5

All development shall be carried out in accordance with the recommendations set out in Section 4 of the submitted Ecological Appraisal (Clarke Webb Ecology Limited, 8th November 2012), unless otherwise agreed in writing with the Local Planning Authority. 

 

REASON: To safeguard protected species during the construction phase of development.

 

6

No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees shall be submitted to, and approved in writing by, the Local Planning Authority.  All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following:

 

·         A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2012 and a plan indicating the alignment of the protective fencing;

·         A specification for scaffolding and ground protection within tree protection zones in accordance with BS5837:2012

·         A schedule of tree works conforming to BS3998.

·         Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;

·         Plans and particulars showing the siting of the service and piping infrastructure this should also include details of the floodlighting;

·         A full specification for the construction of any no-dig specification and extent of the areas to be constructed using a no-dig specification; 

·         Details of the works requiring arboricultural supervision to be carried out by the developer's arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

·         Details of all other activities, which have implications for trees on or adjacent to the site.

 

REASON:  In order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

 

7

a)    No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

b)   If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

c)    No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2012): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later.

 

REASON: To enable the local planning authority to ensure the retention of trees on the site in the interests of visual amenity.

 

8

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

-           3684/05 - Site location plan, date stamped 22nd October 2013

-           Tree Constraints Plan, May 2014

-           3684/51 Rev C - Existing and proposed site layouts & existing    

           photographs, received 2nd April 2014

-           Malmesbury Tennis Club Travel Plan, received 3rd June 2014

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

INFORMATIVE:

 

 

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

Supporting documents: