Application Number: 11/17/0455

Full Application: Major: Creation of sports hub to include erection of new building (including office space, classrooms, gym and changing facilities and café area) (following demolition of existing building), erection of fencing and lighting, creation of 3G pitch and parking (including coach drop off area).

Address: Highams playing Fields, Thorneyholme Road, Accrington

Determination by: 17th Jan 2018

Applicant: M Fearon, Accrington Stanley Community Trust

Agent: Campbell Driver Partnership

Human Rights

The relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights have been taken into account in the preparation of this report, particularly the implications arising from the following rights:-

Article 8

The right to respect for private and family life, home and correspondence.

Article 1 of Protocol 1

The right of peaceful enjoyment of possessions and protection of property.

Application Site

Presently known as Highams Playing Fields, the site is located to the north east of Accrington Town Centre and comprises and area of 5.2ha. The site is bounded to the west by Thorneyholme Road and a children’s play area, to the north by the cricket ground and pavilion and has open recreation ground to the south. The railway embankment abuts the eastern boundary of the site with two electricity pylons adjacent to this perimeter. There is a public footpath/cycleway that runs to the north of the site.

The site is currently used as playing fields and there are changing facilities in a single storey building adjacent to Thorneyholme Road. There is currently no visitor car-parking. The site slopes gently down from south to north and the northern pitches are at a lower level than the pitches on the southern half of the site. The site has been terraced to accommodate this change in levels.

Proposed Development

Planning permission is sought for the development of a sports hub that includes the installation of new Artificial Grass Pitch (AGP) with fencing and lighting, a new pavilion building, car parking, perimeter fencing and landscaping.

The proposed Artificial Grass Pitch will be surfaced with 3G artificial grass and will be bounded by a new 4.5m high ball stop fencing (generally to the AGP perimeter), the installation of new pitch perimeter barrier (1.20m and 2.0m high) internally within the pitch enclosure, new hard standing areas adjoining the AGP perimeter complete with associated porous asphalt surfacing and matching ball stop fencing for pedestrian access, goals storage, spectator viewing space and vehicular maintenance and emergency access. It also includes the installation of new floodlight system and a new maintenance / sports equipment store located within the fenced facility enclosure.

The existing building on the site would be demolished and replaced with a new pavilion building (990m2) and new parking provision, landscaping and fencing. The pavilion / community hub would provide for the co-location of both supporting and educational facilities. The building would be single storey with shallow mono pitch roofs over the central hub extended to form a covered entrance canopy to both the main entrance and the access to the Accrington Stanley Community Trust offices. 10% of the predicted energy requirement for the development will be from renewable or low energy sources.

Materials are detailed within the application as follows:  Pitched roof: Standing seam zinc covering, patina: blue/grey  Flat roof: Kingspan top deck single ply membrane  External walls: Hanson Woodside mixture brickwork with Marley Cedral boarding: colour Pewter c64  Windows: Polyester powder coated aluminium windows external doors and screens, Colour dark grey RAL 7016 anthracite grey.

There would also be a landscaped area to the front of the site, with existing trees being retained. The site would be secured along Thorneyholme Road using 2m high fencing with a gate to allow pedestrians through towards the southern boundary. The 3G pitch will be bounded by a 4.5m high ball stop fence and a further stretch of fencing is also proposed along the northern boundary of the site between the 3G pitch and the fence that abuts the railway.

Although the applicant originally proposed that the site would be open between 8am in the morning and 10pm on weekdays and 5pm on Saturdays and Sundays, it has since been agreed that the weekend closing times will be 10pm in the summer and 8pm in the winter.

Consultations

Public consultation: Site notices were displayed, letters sent to surrounding properties and advertisement in the local press.

71no. Objections were received which raise a variety of issues. A number of the points raised are not material to the determination of this planning application and a note has been inserted to identify those matters: 1. Loss of free access to area which was dedicated to the people of Accrington as a ‘Field in Trust’. The area will now be fenced off and entrance will be by agreement with Accrington Stanley Community Trust. This dedication was done by HBC cabinet and it can’t be overturned by Planning Committee. Note: This matter is addressed in the report. 2. Loss of cricket and rugby facilities. 3. Councillors have been involved in delivering leaflets in support of the application- they should declare and interest and stand down. Note: This is a procedural matter and members of Planning Committee will need to consider if they promoted the development or lobbied against it. 4. Accrington Stanley Community Trust will have first access to the fields- the community will miss out. 5. Parking on Thorneyholme Road. 6. Noise and disturbance including lighting. 7. Alternate places to provide this such as King Georges and Hollins School. 8. Accrington Stanley will have control of a field which is gifted to the people of Hyndburn Borough Council. 9. Against Policies DM21, DM11, DM18 and DM22 of the emerging Development Management DPD. 10. The hub is surplus to requirements; there is no need for this development because there are plenty of facilities like this in the area. Note: there is normally not a requirement for the applicant to demonstrate the need for a development and planning applications should be considered on their merits. 11. The floodlights and fencing will be unsightly. 12. Fields are used by dog walkers who won’t be able to go on after it is changed. 13. Support letters are coming from people who don’t live in the vicinity. Note: The fact that letters of representation are received from further afield is not material. 14. Contrary to NPPF Policy 8, Para 69, 70, 74 and 75 in relation to healthy communities. 15. In breach of the S106 agreement with Persimmon Homes. Note: The s.106 agreement that the Council entered into with Persimmon Homes is not material to this planning application. 16. Increase in air pollution 17. Violation of Human Rights Act (article 1, protocol 1) 18. Negative impact on locals’ mental health as it will not be readily accessible anymore. 19. All Councillors and people involved should have a CRB and DBS check. Note: this is not material to the consideration of this planning application. 20. There has been a misuse of public funds which was used to drain the fields, as this has now gone towards a commercial venture. Note: This matter is not material to the determination of this planning application. 21. Negative impact on wildlife. 22. Discrepancies in the plans. 23. The name should remain ‘Highams’ as this reflects the heritage of the textile mill town. 24. Rugby has not been acknowledged as a sport in the town. 25. The only people who will benefit from this are Accrington Stanley and Hyndburn Borough Council. 26. How will emergency evacuation take place. 27. Needs a second gated access at the north east embankment as this is a route currently used by a lot of people. 28. Between 5pm and 10pm Mon- Fri and 8 am – 7pm Sat and sun the fields will be ‘protected for use by grassroots and community football’ and as such are not free for anyone to use. 29. Loss of view.

97no. letters of support were received. These raise the following points:

1. Jobs will be created 2. Improved facilities for the whole community 3. Improved facilities for grassroots football 4. Improved health and fitness for local people 5. The sports hub is a good facility which will help to bring the whole community together 6. Education improvements 7. Stop anti-social behaviour on Highams 8. Help parking congestion 9. Safe place for children to go

Consultation Respones: The following consultation responses have been received from statutory consultees:

LCC Highways: Initial comments were received which are summarised below:

 Made in response to the Site Layout drawing 17.130 – 008 – Rev B and the Transport Statement 10194/001/01 September 2017.  The Highway Authority is aware of the existing concerns of the neighbouring residents relating to on-street parking on match days. The vehicle parking causes obstruction to driveways and at road junctions, which obscures the sightlines for drivers and presents safety issues for pedestrians and cyclists.  There have been concerns relating to vehicle speeds on Thorneyholme Road raised by the residents, which have been investigated by the Highway Authority in previous years. In 2013 a traffic count was completed and found the 85%ile speeds to be NB 30mph and SB 29mph. The speed limit on Thorneyholme Road is 20mph and the implementation of physical traffic calming measures are supported by the Highway Authority.  The existing vehicle access is proposed for widening to accommodate 2 way vehicle movements into the car park and to accommodate refuse vehicle and coach movements. This provides an acceptable vehicular access to the site.  The gates are proposed to be set back approximately 7 metres from the edge of the highway on Thorneyholme Road which is acceptable.  The proposal is to provide 56 car parking spaces within a new car park adjacent to the new pavilion with 5 disabled bays, 2 coach bays and 5 external Sheffield type cycle parking stands.  In accordance with the Hyndburn BC parking standards the following assessment is made by the Highway Authority. Outdoor Pitches (12 per hectare) = 33 – Changing rooms, laundry and physio would be considered ancillary to the pitches. B1 Office use (187m2 1:30) = 6 D1 Classrooms (150m2 1:35) = 4 A3 Café (160m2 1:8) = 20 Gym sui generis = 5 Total = 68  The Highway Authority requires the maximum parking standards to be provided at this site rather than the methodology that has been used in the Transport Statement which is disputed.  The statement makes an assessment of parking provision based upon a maximum of 110 people on the pitches at one time and then divided by 2 to assume that 50% would car share. This equates to 55 spaces.  However this assumption is disputed based upon the extent of the on-street parking that occurs and the ability for the larger pitches to accommodate multiple 11 a side pitches for the younger U8's – U12's players.  The number of parking spaces should be increased from 56 to 68 and the number of disabled spaces increased to 7, 3 motorbike spaces should be provided and cycle parking should be increased to 12 (20%) considering the site and number of youth players that maybe attracted from the local area. A number of electric vehicle charging points should be provided.  A Green Travel and Car Parking Management Plan are required. The plan should seek to minimise the generation of private car journeys on tournament / match days in particular by communication with clubs and organising bodies. Active management on match days is required to minimise disruption and potential allocation of spaces to clubs participating in car sharing/mini bus travel arrangements. This can be provided as a condition on any approval.  Mitigation measures to enhance the pedestrian and cycle links are detailed below.  The options to travel to the site, other than by private car, are limited. The local bus services are provided at a limited frequency and the bus stop infrastructure is below standard with no DDA compliant bus border kerbs or shelters at the nearest stops. The nearest mainline service on Burnley Road has bus stops within 600 metres of the site, there are bus shelters but no DDA bus border kerb arrangements.  The cycle and pedestrian links can be improved and are detailed below.  The existing off-road pedestrian cycleway that runs along the northern boundary of the site and terminates on Thorneyholme Road should be extended by widening the existing footway to 3 metres along the Thorneyhome Road frontage of the site with appropriate signage. This facility will provide a safe and suitable access to the site for pedestrians and cyclists.  The introduction of parking restrictions at the junction of the site access and Thorneyholme Road will protect the sightlines for drivers, pedestrians and cyclists travelling along Thorneyholme Road. At the junction of Thorneyhome Road and Moss Bank Road parking restrictions should be introduced together with dropped crossing points and tactile paving to provide a safe and suitable route across Thorneyholme Road for pedestrians and cyclists.  Pedestrian and cycle routes should be extended into the site and through the car park.  The existing pedestrian access on Thorneyhome Road should be constructed as a footway crossover and re-positioned to provide a direct route across Thorneyholme Road with dropped crossing points and tactile paving. The pedestrian cycle route should be extended into the site at this point.  Public footpath 21 runs along the northern boundary of the site and this forms part of a shared pedestrian cycle route which connects to the wider network. A sketch plan is attached showing the line of the public footpaths and a loop section of shared cycle footway.  The re-profiling of the levels of the site is not provided in any detail. Any changes in ground level alongside the public right of way on the northern boundary should not impact upon the public rights of way, including the discharge of surface water or result in an embankment or structure without a detailed design and subsequent approval by Lancashire County Council.  The maintenance of any structure or embankment should be able to be carried out from within the site and should not require the closure of the PROW at any time.  The off-site highway works will be completed under a S278 agreement with Lancashire County Council and designed to adoptable standards, including street lighting, surface water drainage and tactile paving at pedestrian dropped kerb crossing points.  The works will include the widening of the existing site vehicular access and improvements to the mainline bus stop infrastructure and pedestrian and cycle routes.

The Highway Authority seeks amendments to the plan to increase the level of off-street parking and provide mitigation measures to improve pedestrian and cycle safety. Should these amendments and measures be agreed then the Highway Authority would offer no objection to the proposal.

Conditions

1. Construction Method Statement 2. Details (including a timetable for implementation) of all site access points and off-site highway works of highway improvement to be agreed which include:  DDA compliant bus border kerbs at the nearest mainline bus stops on Burnley Road (2500IMG2812 and 2813)  Widening of the footway on the Thorneyholme Road site frontage to 3 metres for a shared pedestrian/cycleway.  Parking restriction on Thorneyhome Road at the vehicular site access and at the junction of Moss Hall Road including pedestrian dropped kerbs crossing points with tactile paving. 3. Car Parking Management and Green Travel Plan has been submitted to and agreed in writing by, the Local Planning Authority. 4. Before the development hereby approved is brought into use the car parking area shall be hard surfaced and marked out as indicated on the approved plan to the satisfaction of the Local Planning Authority. 5. Before the development hereby approved is brought into use the cycle parking shall be provided as indicated on the approved plan to the satisfaction of the Local Planning Authority and retained thereafter for the lifetime for as long as the building is in use.

Following the submission of amended plans final comments have been received which are summarised below:

 The following comments are made in response to the amended Site Layout drawing 17.130–006–Rev G, Boundary detail 17.130-008-RevE and the Transport Statement 10194/001/01 September 2017.  The existing vehicle access is proposed for widening to accommodate 2 way vehicle movements into the car park and to accommodate the refuse and coach movements. This provides an acceptable vehicular access to the site.  The gates are proposed to be set back approximately 7 metres from the edge of the highway on Thorneyholme Road which is acceptable.  The proposal is to provide 75 car parking spaces within a new car park adjacent to the new pavilion with 7 disabled bays, 2 coach bays, 3 motorcycle bays and 12 external Sheffield type cycle parking stands.  The proposed parking provision exceeds the parking standards and this is supported by the Highway Authority. The provision will not accommodate all the vehicles generated on tournament/match days when all the pitches are all in use at once however there are mitigation measures to minimise the impact which are necessary during these days which are explained below.  A Green Travel and Car Parking Management Plan are required. The plan should seek to minimise the generation of private car journeys on tournament / match days in particular by communication with clubs and organising bodies. Active management on match days is required to minimise disruption and potential allocation of spaces to clubs participating in car sharing/mini bus travel arrangements. This can be provided as a condition on any approval.  The existing off-road pedestrian cycleway that runs along the northern boundary of the site and terminates on Thorneyholme Road should be extended by widening the existing footway to 3 metres along the Thorneyhome Road frontage of the site with appropriate signage. This facility will provide a safe and suitable access to the site for pedestrians and cyclists.  The introduction of parking restrictions at the junction of the site access and Thorneyholme Road will protect the sightlines for drivers, pedestrians and cyclists travelling along Thorneyholme Road. At the junction of Thorneyhome Road and Moss Bank Road parking restrictions should be introduced together with dropped crossing points and tactile paving to provide a safe and suitable route across Thorneyholme Road for pedestrians and cyclists.  The amended plan provides suitable pedestrian and cycle links within the site.  Public footpath 21 runs along the northern boundary of the site and this forms part of a shared pedestrian cycle route which connects to the wider network. The re- profiling of the levels of the site is not provided in any detail. Any changes in ground level alongside the public right of way on the northern boundary should not impact upon the public rights of way, including the discharge of surface water or result in an embankment or structure without a detailed design and subsequent approval by Lancashire County Council. The maintenance of any structure or embankment should be able to be carried out from within the site and should not require the closure of the PROW at any time.  The off-site highway works will be completed under a S278 agreement with Lancashire County Council and designed to adoptable standards, including street lighting, surface water drainage and tactile paving at pedestrian dropped kerb crossing points. The works will include the widening of the existing site vehicular access and improvements to the mainline bus stop infrastructure and pedestrian and cycle routes.

Conclusion

The Highway Authority seeks mitigation measures to improve pedestrian and cycle safety and access to the site. Should these measures be agreed then the Highway Authority would offer no objection to the proposal.

United Utilities: No objection to the proposed development provided that conditions relating to the treatment of foul water and surface water are attached to any approval.

Cadent: There is apparatus identified as being within the vicinity of the proposed works. This is:  High or intermediate pressure (above bar 2) Gas pipelines and associated equipment.  Low or medium pressure (below bar 2) gas pipes and associated equipment. (As a result it is highly likely that there are gas services and associated apparatus in the vicinity). As such the application has been referred to the Cadent Pipelines team.

Health and Safety Executive: Following the advice of Cadent, the HSE were notified of the application. They responded advising against development due to the location of the consultation distance to high pressure gas main that lies just beyond the railway bridge towards the north-west corner of the site.

In the light of the advice provided by the HSE the applicant has submitted an amended plan that excludes the pitch in the north west corner of the site. The pitch is already present and the planning application does not need to include this parcel of land because there is no development taking place in this part of the site, i.e. the pitch is already present.

Notwithstanding this, it is important that the presence of the high pressure gas main and associated consultation distance (DC) are taken into consideration and this matter is therefore addressed in more detail in the report.

Lancashire Constabulary: Various measures should be considered by the applicant and the development should be developed to ‘Secured by Design’ Commercial 2015 principles. The suggested measures are summarised below:  Secure boundary  Internal layout of the building  CCTV recommended  Comprehensive access control system recommended  Door and window specification Intruder Alarm system recommended  Lighting for the external areas  Access to roofs restricted  Landscaping should not hinder sightlines  Natural surveillance needed for waste storage area  Ant graffiti coating for targeted surfaces  Covered cycle and motor cycle/moped stores  Roller shutter doors to LPA standard  Equipment such as laptops should be clearly marked to deter theft  Anti-raid bollards suggested where appropriate  Careful consideration needed on cash handling practices

Network Rail: No objection the following observations are made:  Luminance level should ensure any lighting on site does not impact on railway signaling.  All excavation, earthworks and piling works to be agreed within network rail within 10m of the railway boundary  All drainage to be agreed with Network Rail, no soakaways within 20m of the railway boundary and all surface waters to drain away from the railway boundary  A minimum 1.8m high trespass proof fence adjacent to the boundary with the railway- the fence and its foundations to be constructed and maintained within the applicants land ownership footprint.  The applicant must provide suitable ball proof mesh netting for the sports facilities. The applicant must provide details of the netting to the Asset protection Engineers to ensure that the netting is installed without placing any load bearing weight on Network Rail land, and to ensure that the pole foundations do not undermine or encroach upon Network Rail land.  Risk assessments and method statements for works within 10m of the railway boundary  Vegetation on site to be in line with the matric provided  Applicant to enter into an asset protection against Network Rail to facilitate the above works.

It should be noted that there is a 2m high palisade fence along the eastern boundary of the site where the site abuts the railway. Officers have sought clarification from Network Rail on the need for improvements to the fence and Network rail has confirmed that there is no need for additional fencing along this boundary.

The Coal Authority: No objection

Sport England: Comment shave been received which have been summarized below: The consultation with Sport England is a statutory requirement.

Sport England has considered the application in light of the National Planning Policy Framework (particularly Para 74) and Sport England’s Playing Fields Policy, which is presented within its Planning Policy Statement titled ‘A Sporting Future for the Playing Fields of England’ (see link below):

Sport England’s policy is to oppose the granting of planning permission for any development which would lead to the loss of, or prejudice the use of, all/part of a playing field, unless one or more of the five exceptions stated in its policy apply.

The proposal is for the creation of a sports hub to include erection of new building (including office space, classrooms, gym and changing facilities and cafe area, following demolition of existing building), erection of fencing and lighting, creation of 3G artificial grass pitch (AGP) for football and rugby league and parking (including coach drop off area) and an artificial grass cricket wicket. The description in the application is incorrect as there is no such thing as a 4G AGP.

The current use is for cricket pitches and some limited football on the outfields. The proposal will result in the loss of cricket provision on site. The applicants have proposed a condition which will seek to re-provide an artificial cricket wicket, possibly on King George V playing fields.

Had Hyndburn Borough Council had an up to date robust playing pitch assessment like the vast majority of local authorities as required by the National Planning Framework Agreement paragraph 73, a lot of officer and applicant time and expense could have been saved. It has been concluded that the logical way forward is a Grampian condition where the ASCT will in conjunction with HBC arrange the construction of a new artificial cricket wicket at King George V playing fields and complete a ball strike assessment prior to work commencing at the land at Higham’s playing fields.

The proposal on the application site, Highams Playing Fields, the proposed 3 G AGP, will result in the loss of playing fields and will also need to be assessed against our planning policy exception E5.

Artificial Grass Pitches require more maintenance than a natural turf pitch and it is surprising not read how this will be addressed in any of the submitted documentation. This can be dealt with by a suitable condition to ensure it is kept fit for purpose.

SE welcome Accrington Stanley Community Trust’s (ASCT) commitment to a community use agreement, which we would require in part to meet our planning policy exception E5. There are no details of the artificial cricket wicket which is proposed; again this can be dealt with by condition.

The car parking and Pavilion to my mind meet our planning policy exception E2. I would raise concerns over the design of the showering arrangement, given the applicants in their needs statement indicate there is a predominate Asian population in the area, (paragraph 4.9), therefore it would be appropriate to provide at least 2 shower cubicles per shower area. This would also benefit other sectors of the community and be more inclusive.

Given the above assessment, in principle the application would meet our planning policy exceptions E2, E4 and E5, subject to the following conditions set out below:

The following are conditions which would be required in the final decision document to meet our planning policy exception E5:  Before the development works commence which are hereby permitted, a new artificial cricket wicket will be constructed in accordance with the English Cricket Board’s Technical Design Guidance Note T56: Performance standards for non-turf cricket pitches intended for outdoor use, following an assessment for ball strike is carried out and any mitigation which has been identified is completed at King George V playing fields, and there after maintained according to the manufacturer.  The Artificial Grass Pitch hereby permitted shall not be constructed other than in accordance with the football Association’s Technical Design Guidance Notes: The FA Guide to 3G Football Turf Pitch Design Principles and Layouts and Third Generation Football Turf Guidance.  The Artificial Cricket Wicket hereby permitted shall not be constructed other than in accordance with the English Cricket Board’s Technical Design Guidance Note T56: Performance standards for non-turf cricket pitches intended for outdoor use.  Within 9 months of the date of this decision, a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the Artificial Grass Pitch, the playing fields, the car park and the pavilion and include details of pricing policy, hours of use, access by non-members, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement."  Before the Artificial Grass Pitch is brought into use, a Management and Maintenance Scheme for the facility including management responsibilities, a maintenance schedule and a mechanism for review shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. This is to included measures to ensure the replacement of the Artificial Grass Pitch within the manufacturer’s specified period and the certification of the FIFA quality assessment is maintained on the Football association’s register of Football Turf Pitches. The measures set out in the approved scheme shall be complied with in full, with effect from commencement of use of the Artificial Grass Pitch.

If you wish to amend the wording or use another mechanism in lieu of the above condition(s), please discuss the details with the undersigned. Sport England does not object to amendments to its recommended conditions, provided they achieve the same outcome and it is consulted on any amendments.

Should the local planning authority be minded to grant planning permission for the proposal, without an acceptable section 106 agreement or other legal mechanism in place, then in accordance with The Town and Country Planning (Consultation) (England) Direction 2009, the application should be referred to the Secretary of State, via the National Planning Casework Unit.

The absence of an objection to this application, in the context of the Town and Country Planning Act, cannot be taken as formal support or consent from Sport England or any National Governing Body of Sport to any related funding application, or as may be required by virtue of any pre-existing funding agreement.

HBC Environmental Health: No objections provided conditions are attached which relate to:  Site preparation and construction phase  Ventilation  Lighting scheme  Noise assessment  Contamination report

HBC Ecology: The following comments have been received which are summarized below: Satisfied with the following documents for approval:  Landscape plans 3806 Drw 1 Rev B  Landscape plans 3806 Drw 2 Rev A  Landscape plans 3806 Drw 3  Lighting design and lighting layout (various documents)  Elevations 17.130 Drw 9 Rev A North and South elevations showing location of Bat box.  Arboricultural Impact Assessment (Bowland Ecology) September 2017.  Ecological Appraisal (Bowland Ecology) October 2017.

Suggested conditions relating to the following:

 No demolition and removal of hedgerows, trees, shrubs or undergrowth shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation and buildings for active bird nests immediately before the vegetation is cleared and building demolition, and provided written confirmation that no birds will be harmed and/or appropriate measures in place to protect nesting birds on site.  No development shall commence, including demolition, groundworks, site clearance, tree felling or otherwise similar, until an Arboricultural Method Statement and Tree Protection Plan has been submitted and approved in writing by the Local Planning Authority.  Landscaping scheme implementation.  For inclusion into your Condition to provide a Construction Method Statement, a pollution prevention method statement to cover the period of site clearance and construction phase/s to safeguard the water course from pollution causing contamination and ground surface soil erosion. Removal and/or Control of the spread of invasive species method statement - Himalayan balsam & Cotoneaster

Bat informative to be added.

HBC Parks and Cemeteries: No comments received

Relevant Planning History

13/0374 Remodelling of levels on Highams playing fields to create to plateaux for the construction of new football pitches, and a cricket square. Approved.

Relevant Policies

Planning applications should be determined in accordance with the policies of the development plan unless material considerations indicate otherwise. In Hyndburn the development plan comprises the Hyndburn Core Strategy, adopted in 2012, and the “saved” policies of the Hyndburn Local Plan. The National Planning Policy Framework represents an important material consideration and relevant policies of the emerging Development Management DPD can also be given weight. Car Parking and Access Standards and the Planning Practice Guidance (DCLG- online guidance) are also material where relevant.

Development Plan

Hyndburn Borough Local Plan Saved Policies  Policy E.10 Development Criteria  Policy L2 Open Space  Policy I5 Gas Pipeline / Hazardous Installation Consultation Zone

Hyndburn Core Strategy  Policy BD1 The Balanced Development Strategy  Policy HC2 Leisure, Health and Culture  Policy Env 4 Sustainable Development and Climate Change  Policy Env6 High Quality Design  Policy Env7 Environmental Amenity  Policy T2 Cycle and Footpath Networks

Material considerations

National Planning Policy Framework, in particular the following sections:  4. Promoting sustainable transport  7. Requiring good design  8. Promoting healthy communities

Hyndburn Borough Council Car Parking and Access Standards (2010)

Planning Practice Guidance (PPG)

Emerging Development Management DPD, in particular the following policies:  Policy GC1 Presumption in favour of sustainable development  Policy DM7 Cultural and community facilities  Policy DM17, Trees, woodlands and hedgerows  Policy DM18 Protection and enhancement of the natural environment  Policy DM19 Protected species  Policy DM21 Protection of open spaces  Policy DM24 Contaminated or unstable land and storage of hazardous substances  Policy DM26 design quality and materials  Policy DM29 Environmental amenity  Policy DM31 Waste management in as new developments  Policy DM32 Sustainable transport, traffic and highway safety  Policy DM33 Sustainable transport infrastructure

Observations

Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that the determination of applications under the Planning Acts should be in accordance with the Development Plan unless material considerations indicate otherwise. In this instance the Development Plan comprises the saved policies of the Hyndburn Council Local Plan (1996) and the adopted Hyndburn Core Strategy.

The National Planning Policy Framework is an important material consideration and appropriate weight can also be attached to relevant policies of the emerging Development Management DPD. The responses of statutory consultees are also material as are the comments of local residents that raise material considerations.

The application is for the creation of a sports hub which will include office space to be used by Accrington Stanley Community Trust, parking, class rooms, gym, café and changing facilities which will replace the existing building on the site. The remainder of the site will remain as sports pitches, with the creation of a 3G pitch which will be surrounded by high fencing.

The site is allocated as Open Space under Policy L2 of the Hyndburn Local Plan. This policy seeks to prevent the “development of or use for other purposes of public or private playing fields and open space of recreation value” except where a number of criteria are met. In this instance the applicant is seeking to retain and enhance the use of the land as playing fields and the proposed development is therefore consistent with this policy. Although Sport England initially raised concern about the loss of a cricket wicket, the applicant has agreed to provide this elsewhere to ensure there is no loss of provision. A planning condition is recommended to ensure this wicket is replaced prior to first use of the sports hub and thereafter maintained. Conditions are also recommended to ensure that the proposed pitches are suitably maintained by the applicant.

Policy DM21 of the emerging Development Management DPD also seeks to prevent the loss of land identified as open space unless one of the criteria listed by the policy is satisfied. Notwithstanding the fact that the pitches will be retained and enhanced (and the fact that the development of the building and car-parking would result in the loss of a small area of open space), the proposed development will provide a facility which is equivalent to or better in terms of quantity, quality and accessibility and therefore also satisfies the requirements of this policy.

The local policy framework set out above reflects that set out in NPPF which seeks to ensure that any “loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and in a suitable location.”

Policy HC2 of the Core Strategy concerns leisure, health and culture and states that “proposals for new or improved sports, recreation, health, community and cultural facilities will be supported……”. The proposed development is seeking to improve the existing level of provision and is therefore also consistent with Policy HC2 of the Core Strategy.

Sport England has raised no objection to the proposed development provided that certain conditions, which are listed within the consultation section of this report, are met. These conditions include the provision of a cricket wicket elsewhere within the Borough; on King George’s fields.

The proposed development is seeking to enhance the quality of the playing pitches and facilities at Highams in a manner that would allow more people to access them. The pitches will be available for use by schools, local football clubs and others and represent a significant improvement to the existing facilities. When the grass pitches are not in use they could also be used by local people. For these reasons, the proposed development is considered to be acceptable in principle at this site.

The proposed development has also raised a number of more detailed issues and these will be considered in turn.

1) Design and layout

Core Strategy Policy Env6 places emphasis on high quality design and requires an enhancement of the character and quality of both townscape and landscape, and is supported by the provisions of Core Strategy Policy Env 7. High quality design must take into account urban form, urban grain, landscape, density, mix, scale and appearance. These are supported by the policies of the emerging DMDPD.

The proposed building and parking area

The prosed building would be located at the front of the site, set behind a parking area and landscaping. The building would be single storey and provide accommodation for visitors and the Accrington Stanley Community Trust staff (currently 12).

The building would replace the existing building which is 500sq m with a new building occupying 990 sq m. The highest part of the roof would be 5.44m , with the lowest point in the middle of the building at 3.36m. As such the scale would be acceptable in this residential area and would not be over bearing to surrounding residential properties or incongruous in the street scene.

It would be single storey with staggered mono pitch roofs and constructed from red brick Hanson Woodside mixture brickwork with Marley Cedral boarding: colour Pewter c64. The pitched roof areas would have a standing seam zinc covering in blue/grey and the flat roof area would be covered with a Kingspan top deck single membrane. Windows would be powder coated aluminium in anthracite grey.

The use of modern materials will enhance the building and the inclusion of the wood finish at the top of the building will add a quality finish.

The car parking would be tarmacadam, marked out with the parking spaces, with provision for cycle and motor cycles included. There would be a landscaping buffer between the car park and Thorneyholme Road which would be between 10m and 20m wide. Planting will be included in this area. There are existing trees along the road side which would be maintained in the scheme and the further planting will enhance the area visually as a result. There is currently no car parking provided at the site and users of the playing fields park on Thorneyholme Road. The provision of a well laid out car park represents a significant improvement in the quality of the facilities available and should ensure that the majority of visitors park in the car park and not on the highway.

For these reasons it is considered that the new building, car park and landscaping would represent a significant improvement to that existing and satisfies the relevant planning policies.

3G pitch

The development of the 3G pitch would be on the lower level of Highams playing fields in the north west corner of the site. It includes an open mesh ball stop fence around the 3G pitch at a height of 4.5m above ground level. The proposed height of the new open steel mesh pitch perimeter barrier and entrance gates internally within the pitch enclosure to segregate the artificial grass pitch surface from adjoining hard standing area is 1.2m to 2.0m above ground level.

The proposed floodlight system comprises six (6no.) masts mounted with sixteen luminaires at a height of 15m high above ground level to the AGP in a 2no. / 3no. / 2no. arrangement (14no. in total) along North Western and South Eastern longitudinal sides of the AGP. The impacts associated with lighting are considered in more detail below.

There would be a path from the car park area to the 3G pitch for pedestrians to use. The proposed Artificial Grass Pitch (AGP) surface will comprise artificial grass containing 60mm pile and partially in-filled with silica sand and granulate coloured green.

Although the 3G pitch and fencing will be a new feature in the area , Officers are satisfied that it would be in keeping with the use of the fields and would not be unacceptable in this location.

The site is in an urban area with other sporting / recreational uses near-by. The proposed development is therefore in keeping with the existing uses and will result in visual improvements to the area, removing a tired and ugly building and replacing it with a larger more attractive contemporary building. The car parking area would be well screened from the road side by the provision of enhanced landscaping. The design and layout of the proposed development are therefore considered acceptable.

2) Residential amenity

It is important that new development does not have an unacceptable adverse impact on local amenity and the policies of the development seek to protect amenity. Concerns have been raised about the impact the proposed development would have on amenity and these will now be considered.

The site lies to the east side of Thorneyholme Road. There are residential properties on the opposite (west) side of Thorneyholme Road and a number of these properties overlook the application site. The properties are semi-detached and most have a front garden, garage and driveway. Thorneyholme Road is a wide road that incorporates a grass verge and a footway on both sides and there are trees within the grass verge and along the boundary of the site. The front of the properties that face the site are approximately 23m from the site boundary whilst Thorneyhome Road is approximately 18m wide.

Policy Env7 of the Core Strategy relates to residential amenity and states that proposals for new development will be permitted only if it is demonstrated that the material impacts arising by reason of traffic, visual impact, noise, dust, emissions, pollution, odour, over-looking or loss of light, or other nuisances will not give rise to unacceptable adverse impacts or loss of local amenity and can be properly controlled in accordance with best practice and recognised standards. This is supported by policy DM29 of the emerging DM DPD.

Noise/nuisance: There have been objections raised with regards to noise and disturbance being created as a result of the increase in use of the site. Particular reference has been made to car doors banging and the noise of people using the fields. However Officers consider that although there would be an increase in use of the site, it is likely that on days which do not involve tournaments, most of the cars visiting the site would be capable of being accommodated on the car park, reducing the number of cars which would normally park outside residential properties. This is likely to reduce the nuisance to those neighbours in the immediate vicinity. Officers also consider that although more people will visit the site, given the distance between the houses on Thorneyholme Road and the site / pitches, any noise generated would not be significantly detrimental to the residential amenity in the area in this regard.

The Council’s Environmental Health Officer has recommended that if planning permission is granted, conditions are attached that seek to control noise and disturbance during the construction phase and has also requested that a noise survey be submitted to ensure the development operates within a suitable noise level.

Lighting: Objections have been received which relate to the lighting on the 3G pitch. There would be 6no. lighting columns which would have directional lighting onto the pitch to illuminate the area in the evenings. A lighting survey has been submitted with the application which considers this and a lighting condition is attached at the request of the Council’s Environmental Health Officer. This requires the lighting levels which are detailed in the lighting report to be adhered to.

The properties on Thorneyholme Road are approximately 60m from the 3G pitch and there are a number of mature trees between the pitch and these properties. The pitch is also at a lower level. Officers are satisfied that there would not be an unacceptable impact on the amenity of neighbours due to lighting as a result of the development provided the use of the lights is suitably conditioned.

Therefore, with the inclusion of the conditions noted above, Officers consider that the development, as proposed would not have a significantly detrimental impact on the amenity of neighbours and that it would meet with the relevant planning policy in this regard.

3) Traffic and Highways

Saved Policy E.10 of the Local Plan states that when considering proposals for development, the Council will have regard to car parking provision and proposed arrangements for servicing and access. In addition, Policy Env7 of the Core Strategy aims to avoid development which has an unacceptable adverse impact by reason of traffic. This is supported by the policies in the emerging DMDPD.

Objections have been received to the proposal relating to the increase of traffic and parking generated through the development and traffic and highway safety. The site is in an urban location and although the proposed development will see an increase in the number of people using the sports hub the use remains fundamentally the same as it now. The site is accessed from Thorneyholme Road, a wide residential road (a width of approximately 9m) with sufficient space for cars to park down both sides. There are bus stops on both sides of the road outside the site and the site is adjacent to the Huncoat Greenway, the cycleway that connects this part of Accrington with Huncoat.

The applicant has submitted a Transport Statement with the application, and has amended the proposal in line with requests from the Highways Authority (Lancashire County Council). These amendments included those to the site layout; parking provision, parking layout, cycle provision and pedestrian safety.

The Highways Authority has highlighted in their response that they are aware of the existing concerns of the neighbouring residents relating to on-street parking on match days. Currently, the vehicle parking causes obstruction to driveways and at road junctions, which obscures the sightlines for drivers and presents safety issues for pedestrians and cyclists. They also state that there have been concerns relating to vehicle speeds on Thorneyholme Road raised by the residents, which have been investigated by the Highway Authority in previous years. In 2013 a traffic count was completed and found the 85%ile speeds to be NB 30mph and SB 29mph. The speed limit on Thorneyholme Road is 20mph and the implementation of physical traffic calming measures are supported by the Highway Authority.

Following amendments to the scheme the Highways Authority have confirmed that the proposed parking provision exceeds the Council’s current parking standards and that this is supported. However they highlight that the provision will not accommodate all the vehicles generated on tournament/match days when all the pitches are all in use at once. As such a condition has been recommended to ensure there are mitigation measures in place to minimise the impact which are necessary during these days. This would be in the form of a Green Travel and Car Parking Management Plan.

The plan shall seek to minimise the generation of private car journeys on tournament / match days in particular by communication with clubs and organising bodies. Active management on match days is required to minimise disruption and potential allocation of spaces to clubs participating in car sharing/mini bus travel arrangements.

Although there are bus stops immediately outside the site on Thorneyholme Road, the local bus services provided are at a limited frequency and the bus stop infrastructure is below standard with no DDA compliant bus border kerbs or shelters at the nearest stops. The nearest mainline service on Burnley Road has bus stops within 600 metres of the site, there are bus shelters but no DDA bus border kerb arrangements. As such there is a requirement to improve these facilities by the means of a condition to provide new DDA compliant curbs at the bus stops.

The Highways Authority also require that the existing off-road pedestrian cycleway that runs along the northern boundary of the site and terminates on Thorneyholme Road should be extended by widening the existing footway to 3 metres along the Thorneyholme Road frontage of the site with appropriate signage. This facility will provide a safe and suitable access to the site for pedestrians and cyclists. As such this is included with the conditions at the end of the report.

A further Highways Authority requirement is the introduction of parking restrictions at the junction of the site access and Thorneyholme Road to protect the sightlines for drivers, pedestrians and cyclists travelling along Thorneyholme Road. At the junction of Thorneyholme Road and Moss Bank Road parking restrictions are required to be introduced together with dropped crossing points and tactile paving to provide a safe and suitable route across Thorneyholme Road for pedestrians and cyclists. A suitable condition covering this is recommended below.

National Planning Policy Framework states that “development should only be prevented or refused where the residual cumulative impacts of development are severe”. The Highway Authority has identified a number of measures that will help to ensure that vehicles travelling to and from the site do not give rise to problems for local residents and these have been incorporated through changes to the plans and suitably worded planning conditions.

Public Right of Way: Public footpath 21 runs along the northern boundary of the site (outside the site boundary) and this forms part of a shared pedestrian cycle route which connects to the wider network. The proposed development does not include any changes to the level of the pitches and would not affect the integrity of the footpath / cycleway in this location. That part of the cycleway along Thorneyholme Road would be improved as part of the development and a condition is recommended to achieve this.

Therefore in the absence of an objection from the Highway Authority and the inclusion of relevant conditions, Officers are satisfied that the proposal meets with the relevant planning policy in terms of traffic and highways safety.

4) Ecology

Policy Env2 of the Hyndburn Core Strategy seeks to protect ecological resources according to their level of importance and vulnerability. The applicant has provided an ecological study, tree survey and landscaping details with the application. These matters have been considered by the Council’s Ecologist and he has no objections to their proposals subject to the conditions listed in the consultation section of this report, which have been recommended to members. As such Officers are satisfied that the proposal meets with the provisions of the relevant planning policies in this respect.

5) Health

The Hyndburn Core Strategy identifies the need to improve the quality of health of the residents of Hyndburn as one of six strategic objectives. The proposed development will improve access to good quality sporting facilities to an increased number of people and will therefore make a positive contribution towards improving the health of people in Hyndburn and beyond.

A concern raised in representations is that the development will contribute towards mental health problems by removing access to local residents. Local residents will still be able to access the site, although the hours of use will be controlled. Although dogs will not be permitted on the site there remains an extensive network of paths in the vicinity of the site available for people to walk their dogs on.

6) Public Access

One of the main areas of concern raised in relation to this development relates to the extent of public access that will be permitted. Highams was acquired from the Peel Estate by the former Accrington Corporation in 1929. In the conveyance the Corporation entered into a covenant with the vendor that “the said plot of land shall not be used for any purposes other than as a recreation ground or playing fields to be laid out by the Purchasers for the use of the inhabitants of the Borough of Accrington”. As the owner of the freehold interest in Highams, the Council is mindful of its legal obligations pursuant to the terms of the covenant and has sought advice from a barrister specialising in property and conveyancing matters. Having considered the detail of the applicant’s proposal for Highams the barrister has advised that the conveyance to the Council does not create any form of implied trust of the site and that the proposal in its current form can be implemented in a way which is compatible with the restrictive covenant.

Concerns have been raised in relation to access to the site by local dog walkers. The site is well used by people that exercise their dogs but at the moment many dogs roam freely across the playing fields / pitches resulting in potential health and safety risks to users of the playing fields / pitches. It is not appropriate to have dogs roaming on sports pitches whether there are people playing on those pitches or not and for this reason the applicant is not proposing to allow dogs into the Sports Hub. This is consistent with Fields in Trust recommendations on dogs and playing fields.

Although a pedestrian access is proposed close to the southern edge of the site at Thorneyholme Road, concerns have been raised about the lack of an entrance along the northern boundary of the site. The north east corner of the site is within the consultation zone associated with the presence of a high pressure gas pipeline and it would not be appropriate to have unrestricted public access to this part of the site because it would place a greater number of people within the zone. This is considered in more detail below.

In the interests of local amenity, the site should not open before 8.00am in the morning and beyond 10.00pm in the evening, Monday to Sunday.

7) High Pressure Gas Main

Saved Policy I5 of the Hyndburn Local Plan indicates the presence of a high pressure gas main and associated consultation zone in the north east corner of the site. The pipeline operator, Cadent, recommended consulting the HSE and when this was done the consultation response was to advise against the development. The HSE has advised that although the red-line has been amended, the advice originally provided is not withdrawn and that the planning authority must take this into consideration when reaching a decision on a planning application.

This matter has been discussed with the applicant who has submitted an amended plan that removes the pitch in the north east corner of the site from the application by amending the boundary of the red-line. The pitch is already present and there is no development taking place in this portion of the site. The effect of this is that there is no longer a need to consult the HSE on the amended plan.

However, the high pressure gas main and consultation distance remain in place and should be managed as part of this development. The main reason for the advice provided by the HSE was that the proposed development could result in an increase in the number of people using the site which in turn could result in an increase in the number of people within the Consultation Zone that occupies part of the north east corner of the site.

Saved Policy I5 of the Local Plan states that “when considering proposals for development in the vicinity of notifiable installations…..the Council will give due weight to the nature and sensitivity of the development and the relative risk to health and safety. In some cases, permission may be granted subject to conditions to minimise the degree of risk involved.”

The HSE use a decision matrix to determine the acceptability of development in consultation zones and this considers the proximity to the hazard (i.e. the pipeline) and the level of sensitivity of the use. In this instance part of the pitch in the north east corner of the site is within the middle and outer consultation zones associated with high pressure gas main. The risks presented by the presence of the pipeline are greatest in the inner zone and for this reason the restrictions on uses are greatest in this area.

The use of outdoor facilities by the public includes sports fields / pitches and in cases where the development would not attract more than 100 people the matrix used by the HSE would categorise this as Level 2. During an “everyday” rugby or football match there would be far fewer than this number within the consultation zone but during tournaments the number of people around the pitches can increase significantly.

The Guidance provided by the HSE states that “in essence, decision makers should ensure that new development does not significantly worsen the situation should a major accident occur” and that “the overall objective should always to be to reduce the number of people at risk, and in the case of people who remain at risk, to reduce the likelihood and the extent of harm”.

To ensure that the requirements of the HSE and Policy I5 of the Local Plan are satisfied, a condition is recommended that requires the applicant to submit a management plan for the use of the pitch in the north east corner of the site. This should require details to be provided for the management of spectators during normal matches and during tournaments including details of how this will be achieved in practice, for example through the use of appropriate signage showing where spectators should stand or sit. Spectators should not congregate along the eastern and northern boundary of the pitch.

One of the concerns raised by the HSE in relation to developments of this type is that emergency action may be difficult to co-ordinate and that people outside are more vulnerable. Although the proposed changes will incorporate stronger management and more control over the use of the pitches, it is also recommended that a condition be imposed requiring the preparation of a management plan for the site. This is particularly important given the presence of young people / children.

8) Secretary of State

The Department for Communities and Local Government has advised that a request has been made to call the application in relation to the loss of “free public space”. Although it is not considered that this planning application falls into any of the categories of development identified to be called in by the Ministerial Statement, it is recognised that each application should be treated on its merits and that this decision rests with the Secretary of State.

Although the applicant has modified the boundary of the planning application, the Health and Safety Executive has still requested a period of 21 days to consider whether they request the Secretary of State to call in by virtue of the initial consultation response that was to advise against a grant of planning permission.

The recommendation will therefore be worded to reflect this.

9) Neighbour objections

There have been a number of objections received to the application which are detailed within the consultation section of this report. Many of those objections have been dealt with within the report, those that haven’t are addressed below:

i. Loss of cricket and rugby facilities. Sport England have no objections to the proposal as the lost cricket facilities will be provided on King Georges and a suitable condition is recommended ii. Increase in air pollution. There is no reason to believe the increase in traffic associated with this development would increase levels of air pollution to an unacceptable level. The site is not close to an Air Quality Management Area (AQMA) and the Council’s Environmental Health Officer has not raised any concerns in relation to this matter. iii. Violation of Human Rights Act (article 1, protocol 1). The Human Rights Act incorporates the provisions of the European Convention on Human Rights into UK law. This is intended to protect human rights and fundamental freedoms and there are a number of sections relevant to planning. The planning system respects the rights of the individual whilst acting in the public interest and there are policies within the development plan that seek to protect matters such as privacy. An inherent part of the planning system is that it is sometimes necessary to weigh up the impacts of a development on individuals against the wider public interest. The proposed development is not considered to affect any human rights identified by the Human Rights Act. iv. Emergency evacuation. A condition is recommended that requires the applicant to prepare an evacuation plan for the site. v. Accrington Stanley will have control of a field which is gifted to the people of Hyndburn Borough Council. This matter is addressed in the report. vi. Accrington Stanley Community Trust will have first access to the fields- the community will miss out. The management of the site and the booking system used is a matter for the applicant. vii. The only people who will benefit from this are Accrington Stanley and Hyndburn Borough Council. The proposed sports hub will increase access to high quality sports facilities for more people in the community, the benefit is therefore to the community and those that will have access to this facility.

In addition to the points raised above, a number of matters have been raised that should not be afforded weight because they are not material to the determination of this planning application. For completeness, these are addressed below:

i. Councillors have been involved in delivering leaflets in support of the application and for this reason they should declare an interest and stand down. Note: This is a procedural matter that those sitting on Planning Committee will need to consider. ii. Letters of support have been submitted from people who don’t live in the vicinity of the development. Note: It is important to stress that it is not the number of comments or the location of the person that is making the comment that is important, it is the extent to which the comments made are material to the development concerned. iii. It is in breach of the s.106 agreement with Persimmon Homes. Note: This legal agreement was entered into between the Council and Persimmon Homes in respect of the residential development on Marlborough Road. The proposed development at Highams Playing Fields is not related to the Persimmon Homes development. iv. There are alternative locations for this development and there is no need for this development. Note: Generally speaking there is no requirement for an applicant to demonstrate “need” for the development. Planning policy should be used to determine whether a particular site is appropriate or suitable for the development proposed and in this sense every application is considered on its merits. Notwithstanding this, the applicant has advised that a number of alternative locations were considered and this was found to be the most appropriate. v. All Councillors and people involved should have a CRB and DBS check. Note: This matter is subject to separate legislation and would not be controlled through the planning system. vi. There has been a misuse of public funds which was used to drain the fields, as this has now gone towards a commercial venture. The funding of previous schemes or improvements to this site is not material to this planning application. vii. The name should remain ‘Highams’ as this reflects the heritage of the textile mill town. The name of the sports hub is not a planning matter. viii. Discrepancies in the plans. Officers are satisfied that the plans show the information required. ix. Loss of view. Loss of view is not considered to be a material consideration, however, in this case it is unclear how the proposed development will result in the loss of a view.

Conclusion

Planning permission is sought for the development of a sports hub, including a new pavilion, a new 3G pitch with lighting and fencing, car parking, fencing and landscaping on the site currently occupied by Highams Playing Fields and pavilion. Although regrading works were recently undertaken at the site, the pavilion is in poor condition, there is no off street car parking and the pitches can only be used weather permitting.

The proposed development will enhance the playing pitches and facilities at the site and the number of people using these facilities will increase. Measures have been put in place to secure a replacement cricket wicket and Sport England has confirmed that they have no objection to the proposed development subject to a number of planning conditions. The Local Plan identifies the site as Open Space and the proposed development will improve and enhance the facilities at the site in a manner consistent with both the national and local policy framework. The need to improve the quality of health of the residents of Hyndburn is recognised as a strategic objective by the Core Strategy and developments of this type will play an important role in helping to achieve this. The principle of the development is therefore considered to be acceptable.

The site is in the urban area, it is adjacent to a cycle route / footpath and has bus stops immediately outside on Thorneyholme Road. The Highway Authority is satisfied that sufficient car parking has been provided and has also recommended a number of improvements to transport infrastructure in the vicinity of the site. These have also been incorporated into the conditions recommended below.

Concerns have been raised about the potential impact of the development on local amenity. The use of the land is remaining largely unchanged and the provision of off-street car parking should mean that the majority of visitors to the site will use the car park. Although there are properties on the opposite side of Thorneyholme Road, these are a sufficient distance from the site and it is not considered that the development would give rise to an unacceptable loss of amenity by virtue of noise, light or visual intrusion. Conditions are recommended in relation to the lighting of the artificial pitch and noise.

Part of the site that is proposed to be used by the applicant falls within the consultation zone associated with a high pressure gas main. Although the applicant has modified the boundary of the planning application to remove the affected pitch from the application the consultation zone remains in place and it is important to ensure that the development will not increase the number of people potentially at risk within this zone. A condition is therefore recommended to ensure spectators watch matches from outside the consultation zone and that measures are in place to effectively manage this. A condition is also recommended requiring the development of an evacuation plan in the event of an incident.

One of the main concerns raised by local residents since the proposals became public relates to public access. The Council has sought legal advice on this matter and is satisfied the proposed use can be implemented in a manner that is compatible with the restrictive covenant. The public will continue to be able to access the site when it is open and an additional gate is recommended in the north east corner of the site so that those walking on the site can connect with the wider network of paths and areas of open space. It is not appropriate for dogs to have access to playing fields for a variety of health and safety reasons and for this reason they will not be permitted on the site.

The proposed development will bring about a significant improvement in the quality of sports pitches available for use in Hyndburn, it complies with the policies of the development plan and should therefore be supported subject to the conditions that are recommended below.

Recommendation

That subject to the Secretary of State confirming that the planning application will not be called in, planning permission be granted subject to the following conditions:

Conditions

1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.

2. The development shall be carried out in accordance with the following plans and documents, unless otherwise agreed in writing by the Local Planning Authority:

i. The planning application forms submitted on 5th December 2017 ii. 17.130.01A OS plan red edge/blue edge iii. 17.130.02A floor plan iv. 17.130.03 floor areas v. 17.130.04 elevations vi. 17.130.05 topographic survey vii. 17.130.06G proposed site layout viii. 17.130.07B proposed materials ix. 17.130.08E boundary treatment x. 17.130.09A elevations xi. 17.130 Design and Access Statement

xii. ASCT Needs Analysis Report/appendices xiii. SSL 2364 01 proposed AGP plan xiv. SSL 2364 02 proposed AGP plan xv. SSL 2364 03 Floodlights xvi. SSL 2364 04 elevations xvii. SSL 2364 05 isometric xviii. SSL appendix A floodlight performance xix. SSL appendix B floodlight specification xx. SSL appendix C proposed materials xxi. SSL Design and Access

xxii. DEP 3806 1B planting scheme xxiii. DEP 3806 2A planting scheme xxiv. DEP 3806 3 planting scheme xxv. ARC Desk Top Study xxvi. Topping Engineers 17427 drainage calculations xxvii. Topping Engineers 17427 C50 drainage strategy xxviii. Bowland Ecology Ecological Appraisal xxix. Bowland Tree Consultancy Tree survey and Appraisal xxx. Sanderson Associates Transport Statement

Reason: For the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policies Env6 & Env7 of the Hyndburn Core Strategy and Policy E10 of the Hyndburn Local Plan.

3. Before the development works commence which are hereby permitted, a new artificial cricket wicket will be constructed in accordance with the English Cricket Board’s Technical Design Guidance Note T56: Performance standards for non-turf cricket pitches intended for outdoor use, (following an assessment for ball strike being carried out and any mitigation which has been identified is completed), at King George V playing fields, and thereafter maintained according to a scheme and programme of maintenance also to be submitted and approved in writing by the Local planning Authority, unless otherwise prior agreed in writing with the Local Planning Authority.

Reason: In the interest of the provision of suitable leisure, health and culture facilities within Hyndburn in accordance with Policy HC2 of the Hyndburn Core Strategy and the provisions of the National Planning Policy Framework.

4. No development shall commence until a management plan has been submitted to and approved in writing by the Local Planning Authority for the north east 11 x 11 pitch (which is located within the blue edged land shown on the Location Plan approved under condition 2). The submitted management plan shall include measures to manage the levels of spectators within the area, during normal matchdays, training, events and tournaments, and include details of how the site will be evacuated in the event of an emergency. The submitted management plan will also incorporate a commitment to periodically review and update its content and procedures. No spectators shall watch matches from the eastern and northern boundary of the pitch. The approved plan shall be implemented in full at all times for the duration of the development.

Reason: In the interest of safety of users of the site in accordance with saved Policy E.10 of the Hyndburn Local Plan and Policy Env7 of the Hyndburn Core Strategy.

5. No development shall take place, including any works of demolition, until a construction method statement has been submitted to and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. It shall provide for: i) The parking of vehicles of site operatives and visitors ii) The loading and unloading of plant and materials iii) The storage of plant and materials used in constructing the development iv) The erection and maintenance of security hoarding v) Wheel washing facilities vi) Measures to control the emission of dust and dirt during construction vii) A scheme for recycling/disposing of waste resulting from demolition and construction works viii) Details of working hours ix) Routing of delivery vehicles to/from site x) Pollution prevention method statement to cover the period of site clearance and construction phase/s to safeguard the water course from pollution causing contamination and ground surface soil erosion. (Section 5.3 of the Ecology Survey already has the water course pollution prevent method statement included. I would like the PP method statement simply lifted in its current format from the ecology survey and placed as a method statement within the Construction Method Statement.) xi) Removal and/or Control of the spread of invasive species method statement Himalayan balsam & Cotoneaster. (Section 5.13 of the Ecology Survey already has the invasive species method statement included. I would like the IS method statement lifted from the ecology survey and placed within the Construction Method Statement.)

Reason: In the interest of traffic and highway safety in accordance with Policy Env7 of the Hyndburn Core Strategy, saved Policy E.10 of the Local Plan and in the interest of biodiversity protection and enhancement in accordance with Policy Env4 of the Core Strategy.

6. Prior to the commencement of development, a noise assessment shall be carried out to assess the impact of proposed noise sources.

The noise impact assessment shall demonstrate that the following standards are met at nearby noise-sensitive premises:

LAeq 50-55 dB 16 hours – gardens and outside living areas (for example balconies) daytime LAeq 50 dB 16 hours – façade level daytime LAeq 45 dB 8 hours – façade level night-time (23.00 – 07.00) LAFmax 60 dB 8 hours – façade level night-time (23.00 – 07.00) LAFmax 60 dB 4 hours - façade level evening (19.00-23.00)*

Please note that any assessment shall be carried out for the most sensitive hours within the time period applied for. It is recommended that the methodology for any assessment be submitted in writing to the Environmental Protection Unit prior to any assessment taking place.

* The evening standard LAFmax will only apply were the proposed evening LAFmax significantly exceeds the LAeq and the maximum levels reached are regular in occurrence, for example several times per hour

Should any mitigation be proposed to ensure these levels are attained, then this shall be fully implemented in accordance with the agreed details prior to the first sue of the development and retained thereafter for the duration of the development, unless otherwise prior agreed in writing by the local planning authority.

Reason: To protect the amenities of existing occupiers at nearby premises from nuisance sources associated with the building site in accordance with Policy Env7 of the adopted Hyndburn Core Strategy.

7. Prior to the commencement of development, the following information shall be submitted to the Local Planning Authority (LPA) for approval in writing: (a) The desk study Phase 1 Desk Top study and Coal Mining Risk report Ref 17/720 identifies potential contamination and ground gases, a detailed site investigation shall be carried out to address the nature, degree and distribution of contamination and ground gases and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part 2A, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of the health and safety of site workers, of nearby occupied buildings, on services and landscaping schemes, and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be submitted to and be approved in writing by the LPA prior to the start of the site investigation survey. (b) A remediation statement, detailing the recommendations and remedial measures to be implemented within the site. (c) On completion of the development/remedial works, the developer shall submit written confirmation, in the form of a verification report, to the LPA, that all works were completed in accordance with the agreed Remediation Statement. Any works identified in these reports shall be undertaken when required with all remedial works implemented by the developer prior to occupation of the first and subsequent dwellings.

Reason: In the interest of ensuring there is no contamination on the site in accordance with the provisions of Env7 of the Hyndburn Core Strategy.

8. Prior to the commencement of development, including demolition works, full details (including a timetable for implementation) of all site access points and off-site highway works of highway improvement have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter accord with the approved details. The works shall be implemented prior to first use of the building, unless otherwise prior agreed in writing by the Local Planning Authority, and retained for the duration of the development. Off-site highway works include:- i. DDA compliant bus border kerbs at the nearest mainline bus stops on Burnley Road (2500IMG2812 and 2813); ii. Widening of the footway on the Thorneyholme Road site frontage to 3 metres for a shared pedestrian/cycleway, and; iii. Parking restriction on Thorneyholme Road at the vehicular site access and at the junction of Moss Hall Road including pedestrian dropped kerbs crossing points with tactile paving. Reason: In the interest of traffic and highway safety in accordance with Policy Env7 of the Hyndburn Core Strategy and saved Policy E.10 of the Hyndburn Local Plan.

9. No demolition and removal of hedgerows, trees, shrubs or undergrowth shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation and buildings for active bird nests immediately before the vegetation is cleared and building demolition, and provided written confirmation that no birds will be harmed and/or appropriate measures in place to protect nesting birds on site. Any such written confirmation must be submitted to the Local Planning Authority.

Reason: In the interest of the protection of biodiversity on the site in accordance with the provisions of Policy Env 4 of the Hyndburn Core Strategy.

10. No development shall commence, including demolition, groundworks, site clearance, tree felling or otherwise similar, until an Arboricultural Method Statement and Tree Protection Plan has been submitted and approved in writing by the Local Planning Authority. All trees to be retained shall be protected by a Construction Exclusion Zone with fencing in accordance with BS5837:2012 'Trees In Relation To Construction'. Within the protected area(s) there shall not be carried out or permitted, during the construction period, any building or other operations, parking or passage of vehicles, or storage of building or other materials or any other object. The protection measures shall be retained for the duration of the works, and only removed once the development is complete and all machinery and work material removed from the site.

Reason: In the interest of the protection of biodiversity on the site in accordance with the provisions of Policy Env 4 of the Hyndburn Core Strategy.

11. Prior to the commencement of development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions to be submitted to and approved in writing by the Local Planning Authority.

The surface water drainage scheme must be in accordance with the Non- Statutory Technical Standards for Sustainable Drainage systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in accordance with the National Planning Policy Framework and National Planning Practice Guidance.

12. Within 9 months of the date of this decision, a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to Artificial Grass Pitch, the playing fields, the car park and the pavilion and include details of pricing policy, hours of use, access by non-members, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement.

Reason: In the interest of the provision of suitable leisure, health and culture facilities within Hyndburn in accordance with Policy HC2 of the Hyndburn Core Strategy and the provisions of the NPPF.

13. Prior to its installation, full details (colour, size, type and manufacturer) of all the fencing to be installed on the site shall be submitted to and agreed in writing by the local planning authority in accordance with 17 130 08 E as approved under condition 2. The fencing shall then be installed prior to the first use of the development hereby approved and thereafter retained in good condition for the duration of the development.

Reason: In the interest of security and to ensure a high quality design in accordance with the provisions of Policy Env6 of the Hyndburn Core Strategy.

14. The sports pitches shall not be available for use between 22:00hrs and 08:00hrs Monday to Sunday.

Reason: In the interest of local amenity and to comply with Policy E10 of the Local Plan and Policy Env7 of the Hyndburn Core Strategy. .

15. No building shall be occupied or used until such time as a Car Parking Management and Green Travel Plan has been submitted to and agreed in writing by, the Local Planning Authority. The plan shall include measures for the management of car use and on-site car parking and a strategy to secure and sustain decreases in car use for travel to and from the site for all users. This shall include car sharing, public transport, cycling and walking. The Plan shall specify a plan period and contain relevant surveys, reviews and monitoring mechanisms and identify targets, timescales, phasing programme and management responsibilities.

Reason: To ensure that the development provides sustainable transport options and in the interest of traffic and highway safety in accordance with Policy Env7 of the Hyndburn Core Strategy and saved Policy E.10 of the Hyndburn Local Plan.

16. Before the development hereby approved is brought into use the car parking area shall be hard surfaced and marked out as indicated on the approved plan to the satisfaction of the Local Planning Authority. The car park shall be made available at all times that the premises are in use for the parking of staff and visitors and in accordance with the Car Park Management Plan and maintained thereafter for the duration of the development.

Reason: In the interest of traffic and highway safety in accordance with Policy Env7 of the Hyndburn Core Strategy and saved Policy E.10 of the Hyndburn Local Plan.

17. Before the development hereby approved is brought into use the cycle parking shall be provided as indicated on the approved plan to the satisfaction of the Local Planning Authority and retained thereafter for the lifetime for as long as the building is in use.

Reason: In the interest of traffic and highway safety in accordance with Policy Env7 of the Hyndburn Core Strategy and saved Policy E.10 of the Hyndburn Local Plan

18. The landscaping scheme, approved by the Local Planning Authority, shall be carried out strictly in accordance with the approved details and shall be retained in this manner thereafter. The approved scheme shall be implemented during the first planting season following the completion of development and any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or destroyed in the first five year period commencing with the date of planting shall be replaced by the applicants or their successors in title.

Reason: In the interest of the protection of biodiversity on the site in accordance with the provisions of Policy Env 4 of the Hyndburn Core Strategy.

19. Foul and surface water shall be drained on separate drainage systems.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in accordance with the National Planning Policy Framework and National Planning Practice Guidance.

20. The Artificial Grass Pitch hereby permitted shall not be constructed other than in accordance with the football Association’s Technical Design Guidance Notes: The FA Guide to 3G Football Turf Pitch Design Principles and Layouts and Third Generation Football Turf Guidance. The Artificial Cricket Wicket hereby permitted shall not be constructed other than in accordance with the English Cricket Board’s Technical Design Guidance Note T56: Performance standards for non-turf cricket pitches intended for outdoor use.

Reason: In the interest of the provision of suitable leisure, health and culture facilities within Hyndburn in accordance with Policy HC2 of the Hyndburn Core Strategy and the provisions of the NPPF.

21. Before the Artificial Grass Pitch is brought into use, a Management and Maintenance Scheme for the facility including management responsibilities, a maintenance schedule and a mechanism for review shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. This is to include measures to ensure the replacement of the Artificial Grass Pitch within the manufacturer’s specified period and the certification of the FIFA quality assessment is maintained on the Football association’s register of Football Turf Pitches. The measures set out in the approved scheme shall be complied with in full, with effect from commencement of use of the Artificial Grass Pitch.

Reason: In the interest of the provision of suitable leisure, health and culture facilities within Hyndburn in accordance with Policy HC2 of the Hyndburn Core Strategy and the provisions of the NPPF.

22. Construction deliveries to and from the site and construction works shall only take place between 0800 and 1800hrs Monday to Friday and between 0800hrs and 1300hrs on Saturdays. No deliveries or construction work shall take place on Sundays and bank holidays. All works should be undertaken in accordance with BS5228:2009.

Reason: To ensure that site working only takes place during normal working hours in order to restrict the times during which any disturbance and nuisance may arise in accordance with Policy Env7 of the Hyndburn Core Strategy.

23. Throughout the construction period, suitable measures shall be in place to prevent nuisance being caused to residents from noise, dust, fumes and or vibration arising from the building works. There should be no burning off on site of construction waste.

Reason- to protect the amenities of existing occupiers at nearby premises from nuisance sources associated with the building site in accordance with Policy Env7 of the adopted Hyndburn Core Strategy.

24. Prior to its installation, any mechanical ventilation to be included in the approved building shall be submitted to and approved in writing by the Local Planning Authority. It shall then be maintained in accordance with the approved details. All mechanical ventilation should be so located and designed, as to not be detrimental to the amenity of local residents, by reason of noise.

Reason: To protect the amenities of existing occupiers at nearby premises from nuisance sources associated with the building site in accordance with Policy Env7 of the adopted Hyndburn Core Strategy.

25. The lighting scheme detailed in the report Higham Fields Ref SSL 2364 11/10/2017, shall be fully implemented prior to the first use of the development, unless otherwise prior approved in writing by the Local Planning Authority. Any amendments to this scheme shall be submitted to and approved in writing to the Local Planning Authority prior to any changes being made. The lighting scheme shall then be maintained in accordance with the agreed details.

Reason: To protect the amenities of existing occupiers at nearby premises from nuisance sources associated with the building site in accordance with Policy Env7 of the adopted Hyndburn Core Strategy.

26. Prior to the first occupation of the building hereby approved, the following details shall be submitted to and approved in writing by the Local planning Authority: a) Evidence to demonstrate that luminance levels of any lighting would not impact on the railway line. b) Evidence to demonstrate that there will be no sockaways within 20m of the railway boundary and that all surface waters will drain away from the railway boundary. c) Details of the ball proof mesh netting for the sports facilities to ensure that the netting is installed without placing any load bearing weight on Network Rail land, and to ensure that the pole foundations do not undermine or encroach upon Network Rail land. d) Risk assessments and method statements for any works within 10m of the railway boundary Should any works be required within the distances noted above, the applicant, or their successors in title shall enter into an asset protection against Network Rail to facilitate the above works.

Reason: In the interest of residential amenity and public safety, in accordance with the provisions of saved Policy E.10 of the Hyndburn local Plan, Policy Env7 of the adopted Hyndburn Core Strategy and the National Planning Policy Framework.

Informatives

1. The grant of planning permission will require the applicant to enter into a Section 278 Agreement, with Lancashire County Council as Highway Authority. The Highway Authority hereby reserves the right to provide the highway works within the highway associated with this proposal. Provision of the highway works includes design, procurement of the work by contract and supervision of the works. The applicant should be advised to contact Lancashire County Council, Highway Development Control email – [email protected] in the first instance to ascertain the details of such an agreement and the information to be provided.’

2. If Bats are found in the building during the demolition work, all work must cease immediately. The services of a qualified ecologist should be sought prior to the commencement of further work. Bats are protected species under the Wildlife and Countryside Act 1981 (as amended) and are a European Protected Species under the Conservation of Habitats and Species Regulations 2010 (as amended). It is an offense to deliberately capture, kill or disturb any Bat, or to deliberately damage or destroy a breeding site or resting place used by of any Bat.

Directed to UU and Cadent which are available to view on the Council’s website. 13a, 14, 15, 16, 17 high risk coal