Agenda item

Provision of new football pavilion and changing facilities for Devizes Town Council and to form new headquarters for Wiltshire FA. Reconfiguration of car park and newly laid out football pitches.

 

Public Participation

Mr Stuart Hisop, local resident, spoke in objection to the application.

Mr Mark Young, Wiltshire Football Association, spoke in support of the application.

Mr Simon Fisher, Clerk, Devizes Town Council, spoke in support of the application.

 

Ruaridh O'Donoghue, Senior Conservation/Planning Officer, presented a report which recommended that planning permission be granted, with conditions, for the provision of a new football pavilion and changing facilities for Devizes Town Council and to form new headquarters for Wiltshire FA. Reconfiguration of car park and newly laid out football pitches.

 

Key details were stated to include the following:

 

The application proposed a new football pavilion and changing facilities for Devizes Town Council, a new headquarters for Wiltshire Football Association, along with a 3G pitch and associated floodlighting, with a reconfiguration of the car park. Pictures of the site were shown to the committee; the land was mainly playing fields, which were currently being used for football matches and for other leisure/recreation activities. The site would be accessed via Green Lane, utilising the existing entrance to the car park. The application proposed to resurface the car park, providing 105 spaces. It was confirmed that the site had an established D2 use (leisure and recreation), which was compatible with the current proposal. Whilst the application would result in the loss of some green infrastructure, this would be offset by better provision and so would be acceptable under NPPF paragraph 97. The application would not cause harm to the character of the landscape, it would be well contained within the boundaries of the site and further landscaping was proposed to help mitigate the visual impact. As such, the proposal adhered to the aims of core policy 51 of the Wiltshire Core Strategy.

 

The Highways Authority did not find any significant issues with access or parking, as the existing level of use was already quite high. The Public Protection Officer considered that there would be no detrimental impact to the amenity of nearby residents. Wiltshire Council’s Ecologist offered support for the proposal if conditions were imposed, namely the submission of a revised Landscape & Ecological Mitigation Plan and a robust Landscape and Ecological Management Plan prior to the commencement of works; works to be carried out in strict accordance with the recommendations made in the two reports by Eclipse Ecology; that there would be no lighting in the car park; and a requirement for the placement and maintenance of willow hurdles on the inside edge of the new hedge to ensure an instant light baffle while the hedgerow grows. These conditions were to minimise impact on bats and other local ecology.

 

Attention was drawn to some late correspondence received from Devizes Town Council in response to the Wiltshire Council Ecologist’s views. Concerns were raised regarding  the request to have a double hedge on the eastern boundary. It was felt that this would compromise the archery and grass pitches, would add additional cost to the project, would create safety issues and also that there was no need for this identified in their ecological reports and surveys.

Late correspondence was also received from a member of the public outlining their objections which included noise pollution and light pollution.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details  were sought on the consultation comments received from Sport England regarding access to the disabled WC, which appeared to be via the officials’ changing room which was considered to be far from ideal. The officer stated that a condition could not be added to control internal works/layout, however it may be possible to add an informative to any decision.

 

Details were sought on the consultation comments received from Wiltshire Police who recommended changes to the design of the scheme due to a possible increase in anti-social behaviour. Members asked for details as to why the police felt this. The officer explained that the police had worries regarding part of the design which had a flat roof, as people may climb on this. They also had concerns due to the lack of lighting in the car park. The officer stated that the lack of lighting in the car park was a response to concerns raised by the Council’s Ecologist. It was stated that avoiding harm to protected species was a legislative requirement and therefore this would take precedent over the police comments.

 

Comments were also sought regarding the opposing Ecologist’s views. The officer stated that the Wiltshire Council Ecologist was looking at the site and application objectively, so their comments should take precedence.

 

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

 

The unitary division member, Cllr Laura Mayes had sent a written statement that was read by Cllr Richard Gamble on her behalf as she was unable to attend. Cllr Mayes had called the application in to the committee due to concerns over traffic volume, car parking capacity, the effects of the floodlights on the natural environment and potential road safety issues at the junction of Green Lane and Byron Road. Cllr Mayes had met with representatives and had been reassured regarding the issues with traffic volume and car parking. She did not agree with the floodlight concerns that had been raised. However Cllr Mayes was still concerned about the impact on the junction of Green Lane with Byron Road, as there had been near misses therefore visiting teams may struggle with this junction. Cllr Mayes suggested that if the application were to be approved the committee may wish to consider adding a condition  requiring improvement works to this junction.

 

Cllr Mark Connolly proposed a motion to grant planning permission, with conditions, as per the officer recommendation. The motion was seconded by Cllr Peter Evans. 

 

Cllr Stewart Dobson proposed an amendment to the motion, which was to add an informative stating that the comments made by Sports England regarding the need for improved access to the disabled WC should be taken into account. The final wording of the informative would be delegated to officers. This amendment was seconded by Cllr Mark Connolly. It was;

 

Resolved:

 

To accept the amendment to the motion.

 

A debate followed where the main issues raised were:

 

That the application was welcome, it would provide good facilities which had been lacking for a long time and would provide a boost to the town; and the proposed mitigation and conditions were adequate to address issues. The applicants should take note of the police comments and should try to ensure there was no anti-social behaviour if the application was approved. Cllr Mayes’ comments were discussed. It was not felt that the condition she requested could be added. However it may be possible to raise her concerns with the Community Area Transport Group.

 

Following a vote on the proposed motion to grant planning permission, with conditions, as per the officer recommendation, with the addition of an informative regarding access to the disabled WC (the final wording of which would be delegated to officers), it was;

 

Resolved:

 

To approve planning permission, subject to the following conditions:

 

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

 

·         Drg No. P17-012-02-02-001 - Location Plan

·         Drg No. P17-012-02-02-002A - Planning GA Site Plan

·         Drg No. P17-012-02-02-003A - Planning GA Site Plan

·         Drg No. P17-012-02-02-005 - LANDSCAPING Total Site

·         Drg No. P17-012-02-03-001D - Planning GA Ground Floor Plan

·         Drg No. P17-012-02-03-002D - Planning GA First Floor Plan

·         Drg No. P17-012-02-05-001 - Planning GA Elevations (Sheet 1 of 2)

·         Drg No. P17-012-02-05-002 - Planning GA Elevations (Sheet 2 of 2)

·         Drg No. 04 Rev 02 - Proposed AGP Elevations

·         Proposed Materials and Appearance - 3G Pitch

·         SSL A Floodlighting Performance Results Rev 2

·         Optivision - downlight performance - Optivision MVP507

 

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

 

3 No development shall commence on site above ground floor slab level until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

4 No development shall commence on site above ground floor slab level until a scheme for the discharge of surface water from the site, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

5 Prior to commencement of any works within the site, a suitable revised Landscape & Ecological Mitigation Plan will be submitted to and approved in writing by the Local Planning Authority. The plan should show all recommendations for mitigation by both Eclipse Ecology Reports but in addition, should particularly address the provision of a secondary hedgerow 5m inside the existing hedgerow along the eastern boundary, with a rough grassland strip between the two. It will also address ways to reduce and prevent light spill from the building onto the car park and vegetation to the immediate west.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure adequate protection, mitigation and compensation for protected species.

 

6 A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority before first use of the development hereby permitted. The content of the LEMP shall include, but not necessarily be limited to, the following information:

 

a) Description and evaluation of features to be managed;

b) Landscape and ecological trends and constraints on site that might influence management;

c) Aims and objectives of management - notably securing the secondary hedge on the eastern side of the site to a height of 3m in a reasonable length of time (to be indicated within the prescriptions) and the placement and maintenance of willow hurdles on the inside edge of the new hedge to ensure instant light baffle while the hedgerow grows.;

d) Appropriate management options for achieving aims and objectives;

e) Prescriptions for management actions;

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over an (X) year period;

g) Details of the body or organisation responsible for implementation of the plan;

h) Ongoing monitoring and remedial measures;

i) Details of how the aims and objectives of the LEMP will be communicated to future occupiers of the development.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body/ies responsible for its delivery.

 

The plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented.

 

The LEMP shall be implemented in full in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure adequate protection, mitigation and compensation for protected species.

 

7 No external lighting shall be installed on site other than that shown on the approved plans until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)", have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site primarily in the interests of ecology.

 

8 No development shall commence on site above ground floor slab level until the exact details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area

 

9 All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

10 No part of the development hereby permitted shall be brought into use until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

11 No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until tree protection fencing in accordance with British Standard 5837: 2012: "Trees in Relation to Design, Demolition and Construction -Recommendations"; has been erected around the mature Scots Pines adjacent to the existing car park, and;

 

The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

 

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 "Tree Work - Recommendations" or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

 

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

[In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

12 The mitigation measures detailed in Section 5 of the approved Ecological Assessment by Eclipse Ecology dated 26th October 2018 shall be carried out in full prior to the first bringing into use of the development and in accordance with the approved timetable detailed in the Ecological Assessment.

 

REASON: To mitigate against the impacts of the development upon existing biodiversity and nature habitats, priority species and priority habitats.

 

13 The offices hereby approved shall be used for purposes ancillary to / associated with the D2 Use Class attached to the wider site as set out in the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON: The proposed office use is acceptable in an ancillary capacity but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

14 The use hereby permitted shall only take place between the hours of 8am in the morning and 10pm in the evening from Mondays to Sundays.

 

REASON:

To ensure the retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

15 The floodlights hereby approved shall only be illuminated when the 3G Pitch is in use within the permitted hours of operation, 8am to 10pm Monday to Sunday.

 

REASON: To minimise the impact of the floodlights in the interests of the amenity and ecology of the area.

 

16 INFORMATIVE TO APPLICANT:

The attention of the applicant is drawn to the contents of the consultation response from Sport England on the 14th May and 25th October 2018 regarding the location / provision of a disabled WC at ground and first floor.