Skate Board Park Could Restrict What Associated Equipment Could Be Sited on This Area in the Future and As a Result Could Reduce the Hire Fee Accordingly

Page 19 Agenda Item 5c

8 week date Application No. Date of meeting Report No.

20.10.10 GR/2010/0745 06.10.10

Land at former Outdoor Swimming Pool, Ordnance Road, Gravesend

Outline application for the laying out of a skateboard park with associated landscaping.

Gravesham Borough Council

Recommendation:

Outline planning permission be granted subject to planning conditions

1. Site Description

The application site comprises a roughly triangular area of land of 0.12 hectares (1200m²) currently public open space within the Riverside Leisure Area. It has a frontage of approx 48m and with a maximum depth of 40m and a minimum depth of 16m.

It is at the eastern end of and comprises an area of roughish grassland within the open space sandwiched between the Milton Pace car park to the west and Gordon Lodge to the east which is currently used as a depot and office by the Borough Council for the town street cleansing operation.

To the south the site adjoins an elongated pay and display car parking area that runs parallel with Ordnance Road. On the opposite side of Ordnance Road is the Chantry Primary School.

The site is bounded by Khartoum Place a pedestrian walkway and urban alleyway to the north which is tree lined either side. The trees either side are nevertheless outside the application site.

Beyond the site to the north is the Gordon Recreation Ground and Pleasure Gardens and boating lake.

There is a locked gate on the south side of the site from the parking area and the site is partly enclosed by a low post and rail fence.

The site is used is on an occasional basis for funfairs and circuses in support of the Borough Council’s outdoor events programme.

The application site is within the Riverside Conservation Area as extended in 2009.

Ordnance Road is a busy and important local distributor road linking the eastern end of the town centre with the Canal Basin and the new residential development Page 20

centred around there as well as the industrial areas beyond at Norfolk Road and Mark Lane Denton.

2. Planning History

There is no specific planning history relating to this site.

The application site is part of the site of the former Gravesend Outdoor Swimming Pool which was originally opened in 1938. There used to be a building (Slipper Baths) on this particular part of the swimming pool site.

The outdoor swimming pool had been converted in 1977 for use as a skateboarding arena. The pool and all the buildings were demolished in 1989.

3. Proposal

This application is an outline planning application for a skateboard park with associated landscaping for use for skate boarding, inline skating and possibly freestyle BMX bike riding.

The plans at this stage only comprise a red line site boundary plan which indicates that the maximum concrete area for skateboarding will be 600m 2 with the remainder (600m 2) for soft landscaping and ancillary items.

All matters are reserved for detailed planning consideration.

Pedestrian access is indicated to be from Khartoum Place although the precise location is not shown on the submitted plan. It is stated that there will be no vehicular access to the site.

Detailed design proposals for the skateboard facility will be submitted as part of any reserved matter application, if outline planning permission is granted, within certain parameters to minimise its visual and acoustic impact. The design will include ramps and jumps using in situ sprayed concrete with a range of difficulty and although designed primarily for skateboarders the area will also be used by other wheel sports participants.

The maximum height of concrete above ground level is stated to be 1.5m and the maximum depth of features below ground level would be 1.2m. The maximum excavated depth (for construction) would be 1.8m (excluding drainage).

The application is accompanied by a design and access statement.

The design and access statement indicates that the criteria determining the choice of location to accommodate a dedicated skateboard facility are:

• Central location

• Easily accessible by public transport

• Close to public conveniences

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• Close to other family activities and amenity facilities

• Good informal supervision and capability for incidental ‘drive by’ supervision

• Preference of young people and potential users.

The statement indicates that the Ordnance Road is the only town site which meets these criteria and that there is support from young people and potential users.

In addition a noise assessment has been submitted from acoustic consultants. The assessment recommends that some mitigation measures should be incorporated into the detailed design, namely an earth bund to a height of 1.2m on the west side and a 1.8m high close boarded fence or similar of solid construction on the northern and eastern sides of the site.

The noise assessment indicates that the hours of operation would be 08.00 to 21.00 hours. Although the submitted application does not indicate whether any other facilities would be provided on the site the accompanying noise assessment suggests the possibility of a shelter, lights and a CCTV system.

No trees will be removed from the site.

4. Development Plan

The Development Plan comprises:-

• The Gravesham Local Plan First Review (1994)

• Saved Policies of the Local Plan First Review (1994)

There are a number of other un-adopted planning documents (e.g. The Gravesham Local Plan Second Review) which are of some relevance and are a material consideration, together with national planning advice and guidance (PPG’s/PPS’s) and the emerging policies in the Local Development Framework.

On 6 July 2010 the Secretary of State announced the revocation of Regional Strategies with immediate effect. As a result the South East Plan and the policies therein are no longer a material consideration.

Local Planning Guidance

Gravesham Local Plan First Review (1994)

The Gravesham Local Plan First Review was adopted in November 1994.

The Gravesham Local Plan still remains as the adopted local planning document and the written statement and proposals map will continue to have effect as the development plan pending the preparation of the Local Page 22

Development Framework (LDF). A substantial number of policies of the Gravesham Local Plan First Review have been saved by a Direction dated 25 September 2007 of the Secretary of State under paragraph 1 (3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004.

In the Gravesham Local Plan First Review Proposals Map Central Gravesend Inset the application site is shown as being subject to Proposal PLT1 within the overall major site area under Proposal PM5.

Proposal PLT1: Additional Open Space including Public Open Space and/or Playing Fields

The following additional areas of land are identified on the Proposals Map for open space purposes, including public open space and/or playing fields:-

(i) Land north of Thames Way, Northfleet 9.2 ha (ii) South of Riverview Park 0.5 ha (iii) Third Avenue, Northfleet (part)* min. 0.4 ha (iv) College Road, Northfleet 1.9 ha (v) Waterton Avenue, Gravesend 1.3 ha (vi) Wombwell Hall (Phase 1), Northfleet* 0.4 ha (vii) Campbell Road Chalk Pit, Gravesend 1.48 ha (viii) Dover Road Pit, Northfleet (after restoration) 0.78 ha (ix) Bat and Ball Ground, Trafalgar Road, Gravesend 2.4 ha (x) Ordnance Road, Gravesend 0.76 ha and as part of the development of major sites at:-

(xi) West of Wrotham Road, Gravesend* 9.2 ha (xii) North East Gravesend* Undetermined

Proposal PM5 The Canal Basin, Gordon Promenade and Gardens, Gravesend

The role of the Canal Basin, Gordon Promenade and Gardens as public open spaces and associated recreational facilities related to the riverside will be safeguarded and further recreational facilities developed. The Borough Council will also encourage the provision of improved facilities for craft at and around the Canal Basin, possibly in the form of a marine development.

The Borough Council proposes to see the site of the former open air swimming pool retained for public open space and/or playing field purposes (see Proposal PLT1). The Borough Council will also seek to secure further environmental improvements to the land east of Milton Place and ensure that the provision of car parking is maintained, either for Town Centre car parking or parking associated with recreational use.

The application site was, at the time of the adoption of the plan, adjacent to a conservation area rather than as now within the conservation area. Either way, policy TC3 applies.

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Policy TC3 Development Affecting Conservation Areas

The Borough Council will adopt the following approach to applications for development within or affecting conservation areas:-

(i) Where development is acceptable in relation to other policies in this Plan, it will be carefully judged for its impact and will be expected to make a positive contribution to the conservation area. The Borough Council will expect applications to contain sufficient details to enable the impact of the proposal upon the conservation area to be assessed.

(ii) The demolition of unlisted buildings will be resisted unless the Borough Council is satisfied that the existing building is harmful to the conservation area and that the proposals for redevelopment or other use of the site will be beneficial. To this end, the Borough Council may, in suitable cases, require an agreement for the replacement of the building or other suitable treatment of the site, prior to the granting of conservation area consent for demolition.

Other general policies that apply include Policy TC1 Design of New developments, Policy LT1 General Leisure Provision, Policy LT2 Existing Open Space and Policy LT2 Listed Buildings.

Gravesham Local Plan Second Review 2000

The Draft Gravesham Local Plan Second Review Deposit Version 2000 (Draft Local Plan Second Review) has been adopted by the Borough Council for development control purposes but in view of the provisions of the Planning and Compulsory Purchase Act 2004, it is not being progressed any further. Nevertheless, it remains a material consideration. It is acknowledged that the policies are of limited weight but that the weight which can be attached to its policies is greater where the policies are consistent with Government guidance and with policies of the adopted Local Plan First Review.

In the Local Plan Second Review Town Centre Inset Map this site is subject to policies TC10 and LT3 and is shown as a Green Grid site.

Policy TC10 Riverside Leisure Area

The Borough Council will support proposals which will provide well landscaped public open space and/or playing fields and maintain a level of public car parking on this site. The precise mix and balance of uses will form part of a development brief to be prepared by the Borough Council.

The site forms the gateway to development sites to the east at the Canal Basin. In order to maximise the potential of these development sites highway improvements will be required to increase the capacity of the Ordnance Road roundabout. The Borough Council will support measures to secure these improvements as a means of enabling the development potential of sites to the east at the Canal Basin to be fully realised.

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Policy LT3 Development of Green Grid Sites

Any development within the Green Grid network justified in terms of other policies in this Local Plan Review or specifically defined on the Proposals Map must incorporate Green Grid links, areas, corridors and linear features within the proposal, in accordance with the objectives of the Green Grid.

Other relevant general policies include Policy LT4 Extensions or Improvements to Existing Sports Facilities, Policy NE19 Noise-Generating Development, Policy NE23 Tidal Flood Risk Area, Policy BE1 Townscape, Conservation and Design and Policy BE4 New Development within or adjacent to Conservation Areas.

Local Development Framework

The Council has been in the process of preparing a Local Development Framework (LDF) for the Borough since 2005. Progress to date on this document has focussed on the Statement of Community Involvement (SCI), which was adopted in March 2007 and the Core Strategy.

The Local Development Scheme (LDS), which sets out the programme for taking forward the LDF, was reviewed in order to address deficiencies in the evidence base and the changes introduced by PPS12 and the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008. The revised LDS was approved by GOSE on 16 January 2009. A number of public consultation exercises have been carried out to identify the key issues and priorities for consideration in the Core Strategy.

A draft Core Strategy and Development Management Policies Development Plan Document (Regulation 25 document – Issues and Options) was considered by the Council’s Cabinet in December 2009 who approved the document for the purposes of public consultation. A six week consultation period was undertaken between 28 January and 11 March 2010 to enable residents, local businesses and stakeholders to have their say in the future planning for the Borough.

It is anticipated that this will be examined by an independent Inspector appointed by the Planning Inspectorate in 2011 for adoption in 2012.

The most relevant core strategy policies are,

Core Strategy Policy 2: Urban Area Core Strategy Policy 5: Development and Design Principles Core Strategy Policy 7: Green Infrastructure Core Strategy Policy 8: Heritage and the Historic Environment Core Strategy Policy 12: Culture, Tourism and Leisure

The most relevant development management policies include,

Development Management Policy 3: Protecting Amenity Development Management Policy 4: Design Development Management Policy 6: Green Space Development Management Policy 7: Green Grid Page 25

Development Management Policy 10: Protection of Existing Recreation Areas Development Management Policy 13: Heritage and the Historic Environment

Planning Policy Guidance and Statements.

The following Government planning policy statements and guidance are relevant to the determination of this application.

PPS1: Delivering Sustainable Development (2005)

PPS5: Planning for the Historic Environment (2010)

PPG17: Planning for Open Space, Sport and Recreation (2002)

PPS23: Planning and Pollution Control (2004)

PPG24: Planning and Noise (1994)

PPS25: Development and Flood Risk (2010)

5. Reason for the Report

Council’s own development

6. Consultations and Publicity

Consultations

Regulatory Services, GBC

There is no objection to the application subject to the following:

Soil Decontamination.

The applicant shall undertake a watching brief during construction in case any contamination is encountered during the groundwork phase. Workers on site during construction should be advised by the applicant that there is a possibility of finding contaminated material. If during development any contamination is found, the local planning authority should be informed as soon as practical and the work shall not continue until written agreement is provided by the LPA as to the appropriate measures to be taken to resolve the matter and they are satisfied that those measures have been carried out.

Any material brought onto the site must be suitable for use and the results of chemical analysis of this material to demonstrate that it is free from contamination and suitable for the proposed end use shall be submitted to the local planning authority for approval.

In addition, material for off site disposal should be dealt with appropriately as determined by a waste classification assessment. Appropriate documentation relating to the removal of material from site should also be forwarded to the local planning authority. Page 26

Assessment of noise assessment report produced by Alan Saunders Associates dated 16 August 2010

It is proposed to construct a skatepark of 5-600 square metres with a bowl approximately 1.2 metres deep in this area. The nearest noise sensitive properties are to the east at a distance of 130m, to the south at 150m and to the west at 180m.

A noise survey took place over a four day period including a weekend in August and from this typical LAeq, LA90 and LAmax figures were obtained covering the 08:00-21:00 time period when the park is to be in operation.

Alan Saunders Associates have a wealth of experience in this type of noise and use a robust assessment procedure as follows:

The assessment assumes concrete skate ramps are to be used and uses the average noise level generated by approximately 20 skaters at a distance of 45 metres with these levels calculated to one metre outside nearest residential receivers. These levels are then compared to three standards, BS4142 Method for rating industrial noise affecting mixed residential and industrial areas, World Health Organisation: Guidelines on Community Noise and ‘Clay Target Shooting, Guidance on the Control of Noise’ published by Chartered Institute of Environmental Health Engineers (this being relevant as the sudden nature duration and character of skateboard impact noise during jumps, turns etc bears close aural similarity to noise from gunshots at a distance).

The report advises that from the consultancy’s experience all three methods of assessment need to show acceptable noise levels for a new skatepark to ensure that complaints in relation to activity noise are unlikely.

The report considers the design of the building in relation to noise intrusion into the building, noise breakout from the building from its use and from plant/equipment. It lays out criterion levels for these which are considered by this Service to be acceptable.

The BS4142 assessment for all three closest residential areas concludes that over the proposed opening hours of 08:00 to 21:00 all of these locations have a positive indication that complaints are unlikely.

The Community Noise Guidelines assessment which looks at LAeq levels shows that the LAeq predicted from the use of the skatepark would be well below any annoyance levels published in the guidelines.

The Clay target assessment advises that annoyance is unlikely at a Shooting Noise Level (SNL) below 55dBA SNL25shots:30minutes (the logarithmic average of the loudest 25 shots measured as an LAmax in a 30 minute period) and highly likely above 65dBA SNL25shots:30minutes measured at noise sensitive premises.

The predicted levels for skateboarding activity at closest properties on Ordnance Road and Milton place with no mitigation measures is assessed as equivalent to 59-62dBA SNL. Levels at Park Place are assessed as equivalent to 55dBA SNL (due to screening of school block).

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The 59-62 SNL is midway between unlikely and highly likely so it is possible that complaints would be received by people living in these properties. To reduce the SNL to below 55 the report indicates the positioning of a 1.8m high close boarded or otherwise solid construction (not less than 12kg per square metre density) to the north and east boundary and an earth bund 1.2 metres high on the western side.

This Service supports these additional mitigation measures which will ensure that the Council has demonstrated best practice in the skatepark’s construction. We would therefore wish to see a condition placed requiring, prior to first use, the mitigation as detailed in section 4.3 and plan AS6181/SP2 of the Alan Saunders Associates report dated 16 August 2010. It is understood that from a visual amenity perspective there is a reluctance to erect a fence. Provided an alternative can be found which will have the same noise reducing effect then this Service would not object to that. Any proposed alternative would need to be assessed to demonstrate that it was acceptable.

The report only considers noise from the skateboarding itself. There is the potential for other types of noise connected with this use such as amplified music etc. Whilst this can be dealt with using nuisance legislation that this Service enforces, it could be difficult in this situation to find the person responsible for causing the nuisance. It is therefore considered that it would be of benefit to have a condition such that no amplified sound played at this venue shall be audible at nearest residential premises.

It is also stressed that this assessment is only valid for between 08:00 and 21:00. It would be preferable if the area could be directly managed to ensure that it was not used outside these times.

Lighting

It is not clear whether CCTV and lights will be incorporated. CCTV will allow the area to be monitored and act as a management tool. Lights will allow the park to be used later particularly in the winter months. They will need to be properly designed to ensure they do not shine into light sensitive locations and installed with an automatic cut off after 21:00. This will need to be conditioned to be dealt with at detailed design stage.

Conservation Officer, GBC

There is no conservation objection to these proposals.

The vitality of a conservation area is as important as its character. It seems entirely within the spirit of this public open space to provided facilities for younger people to pursue their interests. Satisfied that the restriction in maximum height to 1.5m will ensure the skateboard park is not dominant in townscape terms.

Such a facility should also remove the current ‘conflict’ experienced in the Parrock Street car park in the evening when those driving are faced with skateboarders forced to practice their sport in an unsuitable and unsafe location.

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Kent Highways

No highway objections

Sport and Recreation Manager, GBC

The accompanying Design and Access Statement covers a lot of the reasons (strategically and operationally) as to why there is a need for this type of facility within this particular area.

This department supports the skateboard park application based on a number of points.

There is a shortage of locations for young people to take part in an informal recreational activity in the central urbanised area, supported by the recent PPG 17 study work (still in draft form), which identifies deficiencies of facilities/activities including general play/recreation.

This theoretical deficiency is supported by the fact that there is a young persons committee who are actively meeting officers, youth workers and the Lead Member for Youth on proposals for a specific skate venue in the town centre area as well as ongoing consultation, such as at the recent Big Day Out event for the general public to make comment.

Although there are other skate facilities across the borough, these either tend to be localised and small in size or only tend to cater primarily for BMX riders e.g. Cascades Leisure Centre.

There are proposals for a skatepark to be built as part of the Cyclopark development, but this will be a paid venue and is likely to attract a higher skilled user from all over the area including regionally/nationally.

Therefore the proposal at the Old Swimming Pool site will fill a gap in provision locally by providing a different type of skatepark design and material used when compared to what is currently available as well as helping to mitigate against some of the issues caused by existing skaters within non designated areas within the town centre area e.g. Parrock Street Car Park.

Sport England

The site is not considered to form part of, or constitutes a playing field as defined in Article 10(2) the Town and Country Planning (General Development Procedure) Order 1995 (as amended by SI 1996/1817 and SI 2009/453), in that it is on land that has been used as a playing field within the last five years, and the field encompasses at least one playing pitch of 0.2 ha or more, or that it is on land that allocated for the use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement.

As the proposal does not have any impact on sport facilities or playing field, Sport England has no comments to make.

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Arts and Heritage Manager, GBC

The Ordnance Road green is the location for funfairs and circuses in support of the outdoor events programme. The income received to the Council for this hire in 2010/11 is approximately £6k and is contained within the 4 year budget proposals.

Although usage for this type of activity is only up to three weeks a year the skate board park could restrict what associated equipment could be sited on this area in the future and as a result could reduce the hire fee accordingly.

Not opposed to the project as usage on the site for the whole year outweighs the usage for a three week period but there could be some knock on effects for the outdoor event programme. Assuming permission is given for the skate park then consideration is needed to maintain access points for heavy equipment to be located on the site.

Environment Agency

We have no objections , but would like to make the following comments:

Flood Risk: No comments

Groundwater Protection: We have no objection to the use of soakaways at this location for the disposal of surface water drainage providing the following is adhered to:

• The drawing states that the soakaway is intended to be six metres deep. The depth to the water table is anticipated to be approximately five to eight metres below ground level. We will object to any direct discharge to groundwater. It must therefore be ensured that an unsaturated zone of at least one metre will be present at all times of the year between the base of the soakaway and the water table. This may therefore mean that the soakaway can not be as deep as six metres. If groundwater is encountered during the construction of the soakaway, then it will need to be backfilled with a suitable impermeable backfill to ensure an unsaturated zone is present.

• The surface water run-off will need to discharge via appropriate pollution prevention measures, for example via a trapped gully.

Southern Water Services

Please find attached a plan of the sewer records showing the approximate position of a public surface water sewer crossing the site. The exact position of the public sewers must be determined on site by the applicant before the layout of the proposed development is finalised. Please note:

No development or new tree planting should be located within three metres either side of the centreline of the public sewer and all existing infrastructure should be protected during the course of construction works.

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In order to protect drainage apparatus, Southern Water requests that if consent is granted, a condition is attached to the planning permission. For example “The developer must advise the local authority (in consultation with Southern Water) of the measures which will be undertaken to protect the public sewers, prior to the commencement of the development”.

Southern Water requires a formal application for a connection to the public surface water sewer to be made by the applicant or developer.

We request that should this application receive planning approval, the following informative is attached to the consent:

“A formal application for connection to the public sewerage system is required in order to service this development, please contact Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester, SO23 9EH (tel 01962 858 688) or www.southernwater.co.uk ”.

Kent Fire and Rescue

The means of access is considered satisfactory.

Kent Police Architectural Liaison Officer

Welcomes the idea of a skate park and sees no problem with the location. Looks forward to commenting on the detail.

Gravesham Services

In principle there is no objection to the site, however, there is a concern of increased graffiti and littering (including wind blown litter) which will have an effect on the local environment, local residents and Council resources/budgets.

It is important that this is taken into consideration when the skate park is designed and that materials such as sufficient litter bins are installed as part of the project. Looking at other skate parks in the Borough there is an issue of them being covered in graffiti (sometimes offensive) and it needs to be decided whether this is acceptable in such a high profile location.

Gravesham Housing

No objection

Planning Policy, GBC

The proposed development would not alter the use of the area for recreational purposes and whilst the proposal would designate an area for special groups and members of the community, it would not result in the loss of open space. The proposal would indeed cater for a user group that is currently not catered for in the locality. It is considered that the proposed facility would result in the area being used and enjoyed by a wider segment of the community in this Page 31

locality than currently. Accordingly the proposal would accord with the provisions of policy LT1 and PLT1 of the Gravesham Local Plan 1 st Review 1994.

Therefore the primary considerations in determining the application relate to balancing the recreational benefits against any potential adverse impacts in terms of the need to preserve or enhance heritage assets and their settings and any other potential adverse environmental impacts particularly in terms of local amenity. Implicit in this is the need to achieve a high quality of design appropriate to context (as set out in PPS1) and that is safe in terms of exposure to flood risk (as per PPS25).

In respect to these issues we defer to the opinions of the GBC Conservation Officer and KCC Archaeology, the Environment Agency and Environmental Health who do not object to the proposal subject to a number of caveats / conditions.

We note Kent Police support the facility in this location subject to being consulted on the detailed proposals. For similar proposals in other parts of Kent, Kent Police, from a crime prevention perspective made the following comments: - • Site should be covered by CCTV • Recommend the use of ‘rule-setting’ signage

The provision of CCTV would need to be carefully sited to ensure that it respects the privacy of the nearby residential properties and there may be the opportunity to locate the CCTV system so that it benefits Chantry Primary School.

Kent Design has been adopted by the Council as supplementary guidance and as such, it is a material consideration. Kent Design includes some key principles on deterring crime, and this proposal appears to have incorporated these principles. It is also worth noting that the guide recognises that “young people who have participated in creating a development and gained some ownership or benefit from it are more likely to look after it following construction”. The Design and Access statement supporting this proposal explains that young people have been involved in the decisions to date and this bodes well for the future success of the project. The 2004 ODPM publication “Safer Places: The Planning System and Crime Prevention” 1 includes a case study for Stroud Town Centre. Stroud are advocated as taking a holistic approach to planning out crime and this has included the construction of a Skate Park and thereby removing a perceived nuisance from the town centre.

The proposed development would rely on the parking currently provided for the Riverside Leisure Area. As the facility would seek to attract a younger age group and those local, it is accepted that the proposal it is not envisaged to generate car-parking demand in its own right.

In summary, no Planning Policy objections are raised and the intention to improve this important town centre open space is supported.

1 http://www.communities.gov.uk/documents/planningandbuilding/pdf/147627.pdf Page 32

KCC Archaeology

According to present information held on the HER, the application site seems to have been open ground most recently used as part of the leisure grounds, either for ornamental planting or a swimming pool. The 2 nd Edition OS map highlights the presence of a pavilion within the site of the skateboard park but there are no remains above ground. There are known WWII sites nearby including an underground air raid shelter under the present car park to the west. The scheduled site of New Tavern Fort lies to the north east and very close to the application site. Remains associated with the use and construction of this defence structure may survive within the application site.

Not sure where the swimming pool was but some of the proposed works may reveal as yet unknown archaeological remains or remnants of the post medieval pavilion structure. There needs to be careful consideration of the setting of New Tavern Fort and consultation with English Heritage may be useful.

With regard to buried archaeological remains, some level of archaeological work would be warranted and recommends the following condition is placed on any forthcoming consent:

AR1 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable which has been submitted to and approved by the Local Planning Authority.

Reason: To ensure that features of archaeological interest are properly examined and recorded.

Gravesend Historical Society

No comments received

Urban Gravesham

No comments received

Publicity

The proposal has been advertised as development within a conservation area and affecting the setting of adjacent listed buildings.

In addition the owners/occupiers of 244 dwellings/premises have been notified of the proposal. The following representations have been received.

Frankie Whitehead Flat 58 Aurora Court Romulus Road

Advises that they are a close neighbour to where the skate park is to be built.

Vehemently rejects the planning application due to the following reasons

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i) There is already a strong youth culture in the area due to the facilities offered by the promenade - this will just increase the number of youths in the surrounding area. ii) There are many residents that commute to and from Gravesend station - this is an area I will have to walk past on my commute home, as well as many ladies on there own with a crowd of yobs this will make us all fear for our safety.

iii) Groups of youths are only going to add to the noise pollution that we already get from the level of traffic that already uses the route in front of the flats to get to the business parks

iv) Some of the youths of today do not respect the land/property on which they play. I feel we could be risking the state of the promenade gardens if we encourage further youths down to the area.

If the grant does get approved this will do nothing other than to force me to move out of my home to a safer premises.

John Furrents, Gordon House, 10 Milton Place

Although not opposed to a skateboard park in principle does consider the location obtrusive for a few reasons.

1. Near a very busy main road which has gained in traffic over the years.

2. It will be in direct view of their house and several others in Milton Place.

3. This area is, as I understand, a conservation area.

Moat Park in Maidstone has a skateboard section located near other play amenities so surely the ideal location for it would be in the Promenade maybe where the old toilets where and the land is slightly dipped.

It would make it easier and safer for parents to watch their children if an older child wants to play in the Skateboard Park and the parent wants to take a younger child in then could keep any eye on both.

A M G McLeod & A B McLeod, 14 Milton Place

Entirely in favour of a skateboard park and congratulate the young people who have formed a committee and have set about raising funds.

We would like to make two points:

1. The new activity centre adjacent to the Rowing Club on the Promenade seems to be a great success. We believe that the skate board park would complement it if it were located at the other end of the Promenade, adjacent to the Sailing Club. The slope of the land there could be used to enhance the features of a skateboard park, while protecting residents in the flats on the other side of the Canal Basin from visual and acoustic impact. The existing trees on the north side of the Canal Basin would also diminish any visual or acoustic impact. All the criteria listed on page 1 of the application would continue to be met in full. The police already make drive-by checks on the parking area between the Canal Basin and the Promenade, and the Page 34

Promenade is always used for the noisiest activities such as firework displays and open air concerts.

2. If there is some overwhelming reason not yet brought forward why the skate board park should not be on the east end of the promenade, and it is built instead on the proposed site, we would like to point out that the steps proposed to ameliorate the visual and acoustic impact are all designed to have this effect at ground level. The planners have not considered what the effects would be on the first and second floors of the flats and houses in Milton Place, some of which are listed buildings in a conservation area. Clearly soft landscaping which for ‘safety and aesthetic reasons’ does not fully conceal concrete works arising not more than 1.5 metres above ground, will in this regard be irrelevant. Manifestly earth banks raised high enough to have any effect would look grotesque. Please could the Council provide a double row of suitable dense, quick growing trees, planted in echelon, to shield the residents?

7. Service Manager Development Control Comments

This proposal is an outline planning application for the formation and construction of a skatepark on a 0.12 hectare site within the Riverside Leisure Area at the eastern end of the town centre off Ordnance Road.

The site is within the Riverside Conservation Area and whilst it is not normal policy to consider outline planning applications in conservation areas without sufficient details, in this case it is considered that having regard to the nature of the development the principle of the development can be reasonably evaluated without full details at this stage.

The application has been submitted following the identification of a need for a community skatepark suitable for a range of abilities in Gravesend town centre by local skateboarders assisted by KCC Youth Workers. They have met the Council’s Lead Member for Youth and a number of officers to present their proposal and request that the Council assist them in achieving a skatepark in an appropriate location.

Currently there are community safety problems with skateboarders and other wheel sports participants using other sites in the town centre including Parrock Street car park, the Civic Centre forecourt, Town Pier Square and St Andrews Gardens as unofficial skateparks, none of them intended or designed for these uses.

A large skatepark is proposed as part of the Cyclopark scheme on the former A2 site at the edge of town, subject to funding; but it is intended to be a pay facility and more difficult to access for young people dependent on public transport or parental transport. It is not considered that this facility will serve to reduce the problems at town centre locations.

There is a free-to-use skatepark at Cascades Leisure Centre and another small skatepark at Springhead Recreation Ground, but again these are on the edge of town and cater for small catchment areas.

The skatepark group has established a committee (Gravesend Skateboard Park Committee) to co-ordinate raising funds towards the park. Page 35

The proposal does not involve a change of use of the site from public open space (Use Class D2: Assembly and Leisure) and various other leisure facilities have been added to the Riverside Leisure Area in the past including the Boating Lake and The Dell.

It is therefore considered that there are no planning policy reasons to reject these proposals. There is no conservation objection to these proposals.

Sensitive and appropriate design with satisfactory landscaping will be important to reduce the visual impact of the skatepark.

The location of the proposed skate park is reasonably distant from the nearest residential properties (about 65 metres from the north eastern edge of the site to Aurora Court in Canal Road, 145 metres from the western edge of the site to Milton Place in the west and 85 metres from the southern edge of the site to the nearest dwellings in Park Place) such as not to cause material disturbance to the living conditions of the residential occupants in those properties.

Some mitigation is nevertheless strongly recommended in the Noise Assessment accompanying the application and although visually whilst earth bunding would be appropriate particularly as the site will be mounded in any case to create the bowls and other features the consultant’s suggestion for closeboarded fencing may be less suitable in planning and visual terms. It is considered that the solution to finding the most appropriate acoustic treatment is dealt with at the detailed planning stage.

A similar skateboard facility has been built and is now in use within Dartford Central Park on an area of about the same size (48m by 48m and with a built skate board area of approx 26m x 36m). Although some of the features (the bowls) are below ground level the facility is mounded to provide other features such as steps and ledges at about 1.5m above the ground level. The site includes seating and a water fountain and is enclosed by a post and wire fence and hedging. There was no lighting of the facility and an observed maintenance issue was the wearing of the grass mounding around the concrete areas. Graffiti was also noticeable on the concrete bowls.

Although the Dartford site is much further away from any nearby residential properties than the proposed Ordnance Road site it has integrated well with the park.

There are a few objections to the proposal in response to the publicity to the application particularly in relation to noise and visual impact and it is considered that those concerns can be to some extent dealt with by suitable planning conditions. It is not considered that there are any less prominent sites within the Riverside Leisure Area that would be suitable.

On balance it is concluded that subject to appropriate planning conditions planning permission is recommended.

In the analysis of the planning issues and the subsequent recommendation consideration has been given to the Human Rights Act and it is concluded that any breaches or interference to individual human rights are reasonable and fair. Page 36

Planning Application GR/2010/0745

Consultation Expiry Date: 16.09.10

RECOMMENDATION

PERMISSION subject to the following conditions:-

1. Details relating to the layout and scale, and appearance of the proposed development and landscaping and means of access (hereinafter called “the reserved matters”) shall be submitted to and approved by the Local Planning Authority before any development is commenced.

Reason No such formal details have been submitted for approval at this stage.

2. Application for the approval of the reserved matters referred to in condition 1 above must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission.

Reason In pursuance of Section 92(2) of the Town and Country Planning Act 1990.

3. The development to which this permission relates must be begun no later than the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates the final approval of the last such matter to be approved.

Reason In pursuance of Section 92(2) of the Town and Country Planning Act 1990.

4. The details submitted pursuant to condition 1 shall include full details of the proposed finish levels and heights including details of any earth mounding; the maximum height of any concrete features above ground level shall not exceed 1.5 metres and the maximum depth of any features below ground level shall not exceed 1.2 metres; the maximum concrete area within the site shall be between 500 2 and 600m 2; the development shall be carried out in strict accordance with the approved details and levels.

Reason In the interests of visual amenity.

5. The applicant shall undertake a watching brief during the construction in case any contamination is encountered during the groundwork phase. Workers on site during construction should be advised by the applicant that there is a possibility of finding contaminated material. If during development any contamination is found, the Local Planning Authority should be informed as soon as practical and the work shall not continue until written agreement is provided by the Local Planning Authority as to the appropriate measures to be taken to resolve the matter and they are satisfied that those measures have been carried out. Page 37

Reason In order to ensure that the development does not proceed on a contaminated site.

6. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable which has been submitted to and approved by the Local Planning Authority.

Reason To ensure that features of archaeological interest are properly examined and recorded.

7. The details submitted pursuant to condition 1 shall include full details of any shelter, seating, litter bins, lighting, CCTV system or other facilities to be provided on the site including the surface treatment of any paths; no additional facilities shall thereafter be provided on the site unless the written permission of the Local Planning Authority has first been obtained.

Reason In the interests of visual amenity

8. The details submitted pursuant to condition 1 shall include full details of all boundary treatments including any earth bunding any other acoustic treatments to the site; the details as may be approved shall be implemented before the skateboard park is first brought into use.

Reason In order to provide screening and security for the skateboard park.

9. The landscaping scheme to be submitted pursuant to condition 1 shall be implemented during the first planting season following the completion of the development and shall thereafter be maintained for a period of five years. Any trees, shrubs or grassed areas which die, are diseased or vandalised within this period shall be replaced within the next planting season.

Reason To safeguard the visual appearance of the site,

10. The operational hours of the skateboard park hereby permitted shall be between 08.00 and 21.00 hours; outside of these times the skateboard park shall be properly managed and secured to prevent any unauthorised use.

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Reason In order to safeguard the living conditions of the occupants of nearby residential dwellings.

11. Any lighting of the site to be submitted pursuant to conditions 1 or 7 above shall be designed so as to ensure that there is no light spillage or light pollution and directed away from light sensitive locations; the lighting shall also be designed to ensure automatic cut off outside the operational hours.

Reason In order to safeguard the living conditions of the occupants of nearby residential dwellings.

12. Unless with the prior written permission of the Local Planning Authority having first been obtained no amplified music including any public address system, tannoy system or loudspeaker system shall be used at the site at any time.

Reason In order to safeguard the living conditions of the occupants of nearby residential dwellings.

13. Before the skate park hereby permitted is first brought into use a maintenance regime for dealing with graffiti or other damage to the skate park; the maintenance regime as may be approved shall thereafter be fully adhered to.

Reason In the interests of the visual appearance of the site.

14. The details submitted pursuant to condition 1 shall include full details of any pedestrian and vehicular access points to the site including an alternative means of vehicular access to the remainder of the Ordnance Road green to allow any equipment to be transported onto the site; no additional means of access shall thereafter be provided other than with the prior written permission of the Local Planning Authority having first been obtained

Reason No such details have been submitted

15. The developer shall advise the Local Planning Authority (in consultation with Southern Water) of the measures that will be undertaken to protect the public sewers prior to the commencement of the development.

Reason In order to protect the water environment.

INFORMATIVES

1. REASONS FOR THE GRANT OF PLANNING PERMISSION

Having regard to all the relevant material planning considerations, permission has been granted because, subject to compliance with the planning conditions, the development would not materially harm any interest of acknowledged importance. Page 39

The decision has been taken having regard to the policies and proposals of the development plan and in particular

Gravesham Local Plan (First Review) 1994:

Proposal PLT1: Additional Open Space including Public Open Space and/or Playing Fields Proposal PM5: The Canal Basin, Gordon Promenade and Gardens, Gravesend Policy TC3: Development Affecting Conservation Areas Policy TC1: Design of New developments Policy LT1: General Leisure Provision Policy LT2: Existing Open Space Policy LT2: Listed Buildings.

Gravesham Local Plan (Second Review) Draft Deposit Version 2000:

Policy TC10: Riverside Leisure Area Policy LT3: Development of Green Grid Sites Policy LT4: Extensions or Improvements to Existing Sports Facilities Policy NE19: Noise-Generating Development Policy NE23: Tidal Flood Risk Area Policy BE1: Townscape, Conservation and Design Policy BE4: New Development within or adjacent to Conservation Areas.

Local Development Framework Draft Core Strategy and Development Management Policies Development Plan Document (Regulation 25 document – Issues and Options)

Development Management Policy 3: Protecting Amenity Development Management Policy 4: Design Development Management Policy 6: Green Space Development Management Policy 7: Green Grid Development Management Policy 10: Protection of Existing Recreation Areas Development Management Policy 13: Heritage and the Historic Environment

In addition the Local Planning Authority had regard to:

Article 8 and Article 1 of the First Protocol of the Human Rights Act 1998. Central Government Planning Policy Guidance PPS1, PPS5, PPG17, PPS23, PPG24, PPS25 Kent Design

2. WORKS OF CONSTRUCTION PRACTICE

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Code of Practice for construction/demolition sites within the Borough of Gravesham – append to decision

3. APPROVED DRAWINGS AND DOCUMENTS.

For the avoidance of doubt the approved drawings/documents are:

Red Line Plan

Acoustic Assessment by Alan Saunders Associates (AS6181.100816.NIA dated 16 August 2010)

4. SOUTHERN WATER REQUIREMENTS

The applicants are advised that no development or new tree planting should be located within three metres either side of the centre line of the public sewer and all existing infrastructure should be protected during the course of construction works.

Southern Water advise that if a formal application for connection to the public sewerage system is required in order to service this development please contact Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester, SO23 9EH (tel: 01962 858 688) or www.southernwater.co.uk

5. ENVIRONMENT AGENCY REQUIREMENTS

The applicants are advised that they have no objection to the use of soakaways at this location for the disposal of surface water drainage providing the following is adhered to:

The drawing states that the soakaway is intended to be six metres deep. The depth to the water table is anticipated to be approximately five to eight metres below ground level. The Environment Agency will object to any direct discharge to groundwater. It must therefore be ensured that an unsaturated zone of at least one metre will be present at all times of the year between the base of the soakaway and the water table. This may therefore mean that the soakaway can not be as deep as six metres. If groundwater is encountered during the construction of the soakaway, then it will need to be backfilled with a suitable impermeable backfill to ensure an unsaturated zone is present.

The surface water run-off will need to discharge via appropriate pollution prevention measures, for example via a trapped gully.