Rother District Council s8

Rother District Council Agenda Item: 7.1

Committee - Planning Date - 22 January 2009 Report of the - Director of Services Subject - Enforcement Matter - The Recreation Ground, Ticehurst Village Hall, Lower High Street

Recommendation: It be RESOLVED that, subject to being satisfied evidentially, the Solicitor to the Council be authorised to issue the appropriate breach of condition notice and take any other steps necessary including legal action under Section 187A of the Town and Country Planning Act 1990.

TICEHURST - The Recreation Ground, Ticehurst Village Hall, Lower High Street – Breach of conditions and installation of basketball hoops and skateboard ramp

1. This report relates to the multi-use games court that is situated at the Recreation Ground which extends to the rear of the Ticehurst Village Hall, which is a listed building. The court is situated close to the south western corner of the Recreation Ground. Orchard Cottage and Orchard House are to the south west. The court was granted planning permission on 17 July 2001 (RR/2001/516/P). On 12 October 2006 planning permission was granted for the increase in height of the mesh fence around the multi-court, the siting of a youth shelter and erection of a 2m high wooden fence on the south western boundary approximately 20m in length (RR/2006/1676/P). Condition 2 of the permission states:

The multi-use games court shall not be used other than between the hours of 9:00 and sunset or 20:30, whichever occurred first. Within one month from the date of this permission, unless otherwise agreed in writing, specific proposals for the management of the facility to prevent use outside these hours, together with a timetable for implementing the proposals shall be submitted for the consideration and agreement of the Local Planning Authority.

2. On 18 August 2007 a planning application was submitted to remove Condition 2. This was refused on 16 August 2007 for the following reason (RR/2007/1878/P):

Whilst the information put forward in the application has been noted, it is not considered that any justification for the removal of the condition has been demonstrated. The condition is required to mitigate against any potential noise impact resulting from the use of the MUGA that may otherwise occur at unsocial times to safeguard the residential amenity of the occupiers of neighbouring dwellings. It is not considered that since the previous application (RR/2006/1676/P) was approved there has been any material change in circumstances that would justify the removal of the condition. The retention of the condition is in accordance with Policy S1(b) & (f) of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1(ii) of the Rother District Local Plan. pl090122 – Enforcement Matter 1 An appeal was lodged with the Planning Inspectorate in respect of this decision, which was dismissed on 27 June 2008.

3. On 19 June 2008, planning permission was granted to retain a basketball post and skate area equipment, including ramps (RR/2007/3600/P). This is just to the north of the multi-use games court. Condition 1 of that permission is identical to Condition 2 of permission RR/2006/1676/P.

4. With regard to the Management Plan this was submitted on 8 September, 2008, and contains the following steps:

 A sign will be provided pointing out to users of the court and skate park that there is a restriction on the hours of use.

 A diary will be kept recording any activity on the court and skate park outside the approved hours. The diary will be ratified by at least two people per entry.

 Should any activity be observed on the court and/or skate park past the approved hours a representative of either the Village Club or the Beatrice Drewe Trust will ask such person(s) to leave.

These details were approved on 24 September 2008. In approving the details attention was drawn to the fact that if they did not prove effective in preventing the use of the facilities, it would be necessary to review them with a view to putting more stringent measures in place to avoid any breach of the conditions.

5. Since the Management Plan was approved the following breaches of the condition have been reported (one of which was observed by your officer on Tuesday, 27 November 2008):

Date Sunset Court used until Friday, 26 September 18.49 19.27 Thursday, 9 October 18.22 19.00 Wednesday, 15 October 18.07 18.32 Tuesday, 21 October 17.54 18.48 Thursday, 27 November 15.58 16.40

6. I have asked both the Beatrice Drewe Trust and the nearby resident who is concerned about the breaches for their comments and these are appended to this report. I accept that the occasions when the conditions have been breached have not resulted in the court being used for a significant period after sunset. However, the Council’s decision has been upheld by the Planning Inspectorate on appeal, and I am concerned that if allowed to continue it is likely that the situation will be much worse in the summer months when the evenings are much lighter, and breaches have been reported in the past after 20.30 hours. The conditions are required to mitigate against any potential noise impact resulting from the use of the MUGA, basketball post and skate area equipment that may otherwise occur at unsocial times to safeguard the residential amenity of the occupiers of neighbouring dwellings.

The breach of the conditions is in conflict with Policy S1(b)(f) of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1(ii) of the Rother District Local Plan. Under the circumstances I consider it is expedient to recommend that enforcement action be taken. Admittedly, it is pl090122 – Enforcement Matter 2 early days yet, but after 10 years such breaches may become immune from enforcement.

Breaches of planning conditions

7. The use of the multi-court games court outside the hours permitted by Condition 2 of RR/2006/1676/P, and the use of the basketball post and skate area equipment outside the hours permitted by Condition 1 of RR/2007/3600/P.

Steps to be taken

8. Ensure that the use of the multi-use games court, basketball hoop and skate area equipment outside the hours permitted by Condition 2 of RR/2006/1676/P and Condition 1 of RR/2007/3600/P, respectively be discontinued.

Period for compliance

9. One month.

Anthony Leonard Director of Services

pl090122 – Enforcement Matter 3