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Dukes Meadows Golf Club, Chiswick planning report PDU/2436a/01 26 July 2011 Dukes Meadows Golf Club, Chiswick in the London Borough of Hounslow planning application no. Strategic planning application stage 1 referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal Retrospective permission for; the reinstatement of nine tennis courts, erection of a demountable, air cushioned dome over five of the tennis courts, associated fencing, surfacing and floodlighting. The applicant The applicant is Stephen Marks. Strategic issues Whether the ‘very special circumstances’ put forward by the applicant are sufficient to justify ‘inappropriate development’ on MOL. Recommendation That Hounslow Council be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 37 of this report. The application does not need to be referred back to the Mayor if Hounslow Council resolves to refuse permission, but it must be referred back if Hounslow Council resolves to grant permission. Context 1 On 20 June 2011 the Mayor of London received documents from Hounslow Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until 29 July 2011 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make. 2 The application is referable under Category 3D of the Schedule to the Order 2008: “(a) development on land allocated as Green Belt or Metropolitan Open Land in the development plan, in proposals for such a plan, or in proposals for the alteration or replacement of such a plan; and (b) which would involve the construction of a building with a floorspace of more than 1,000 square metres or a material change in the use of such a building.” page 1 3 Once Hounslow Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision, as to whether to direct refusal; or allow the Council to determine it itself, unless otherwise advised. In this instance if Hounslow Council resolves to refuse permission it need not refer the application back to the Mayor. 4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description 5 The 0.54-hectare site is located within the Dukes Meadows Golf Club, near Chiswick. The River Thames runs to the south of the site. The site is designated Metropolitan Open Land in the Hounslow UDP. 6 The site was formerly the Ibis Sports Club operated by Prudential and had playing fields, squash courts and outdoor tennis courts. Since the early 1990s the site has been used as golf club with a driving range with the existing tennis courts were converted to practice chipping areas. Five synthetic surfaced tennis courts have been provided in a rectangular area immediately to the west of the existing pavilion and an inflatable dome currently covers these courts while four uncovered clay surfaced tennis courts have been provided to the east side of the existing car park, which extends eastwards from the pavilion. 7 The land to the north, east and west of the pavilion and tennis courts is predominantly open and used for sporting activities, including a golf course and driving range with a small lake lying to the north of the pavilion. There are 160 car parking spaces on the site. 8 The site is accessed from Dan Mason Drive, which connects to the A316 Great Chertsey Road, part of the Transport for London road network. Chiswick rail station is 1.5km from the site. Barnes Bridge and Mortlake rail station are over 2 km from the site. The site is remote from the London Underground network. The public transport accessibility level (PTAL) of the site is 1, where 6 is very high and 1 is very low. Details of the proposal 9 The application seeks retrospective planning permission for development undertaken without planning permission, which has established a new tennis facility at the site providing nine tennis courts as follows: Provision of nine tennis courts, provided in a group of five to the west of the existing pavilion, and a group of four to the east of the pavilion. The group of five courts has an area of 3,102 sq.m. and a blue hard court resin surface. The group of four courts has an area of 2,335 sq.m. and a French clay court surface. A demountable, 3,047 sq.m. (36.5m x 83.5) air cushioned dome over the five western courts. The dome is made of impermeable fabric and fixed to the ground, with a maximum height of 10.5m above ground level. The exterior of is lower third is a dark green colour while the upper two thirds are white. Elevation views of the dome structure are detailed in figure 1 below. Mesh fencing, (2.75 metres high) around three sides of the five-court group and all sides of the four-court group. Floodlighting around the perimeter of all courts, to be provided on 7m high columns, however these have not yet been fully installed. page 2 10 It is proposed the dome is erected annually from 15 October to 15 April to facilitate play during the winter months and removed outside of these months. The hours of use will be the same as the golf driving range as follows, 7:00am to 10:00pm seven days a week, with floodlights to be turned off at 10:00pm. Case history 11 On 6 April 2009 Hounslow Council referred an application (P/2009/0226) for an identical retrospective planning permission. On 13 May 2009 the Mayor considered a report (PDU/2436/01) on the matter which concluded that the ‘very special circumstances’ put forward to justify inappropriate development on MOL were not acceptable and therefore the application did not comply with the London Plan. Strategic planning issues and relevant policies and guidance 12 The relevant issues and corresponding policies are as follows: Green Belt/MOL London Plan; PPG2 Leisure London Plan; Urban design London Plan; PPS1 Inclusive design London Plan; PPS1; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM) Transport London Plan; the Mayor’s Transport Strategy; PPG13; 13 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the Hounslow 2003 Unitary Development Plan and the London Plan 2011. Metropolitan Open Land and the principle of the development Sports facilities 14 London Plan Policy 3.20 ‘Sports facilities’ states that development proposals that increase or enhance the provision of sports and recreation facilities will be supported and the net loss of such facilities will be resisted. Additionally, the policy supports the use of floodlights where there is an identified need and no demonstrable harm to the local community or biodiversity but indicates that where sports facilities are proposed on existing open space, they will need to be considered carefully in light of policies on Green Belt and protecting open space as well as the borough’s own assessment of needs and opportunities for both sports facilities and for green multifunctional open space. Supporting paragraph 3.112 states that sports facilities should be accessible to all sections of the community, within easy reach by walking, cycling and public transport, affordable and safe. 15 Whilst the principle of the provision of new outdoor and indoor tennis facilities is supported, the site is located in area with low public transport accessibility and on Metropolitan Open Land. Therefore proposal must be balanced against harm caused to the openness of MOL, which is discussed in more detail below. MOL 16 Hounslow’s UDP designates the entire site as Metropolitan Open Land. London Plan policy 7.17 ‘’Metropolitan Open Land” notes that MOL should be afforded the same level of protection as the Green Belt of which “there is a general presumption against inappropriate development in page 3 the Green Belt, and such development should not be approved except in very special circumstances.” Planning Policy Guidance 2, ‘Green Belts’ (PPG2) states that the purpose of a Green Belt designation is to check unrestricted sprawl and towns merging into one another; safeguard the countryside from encroachment; preserve the setting and special character of historic towns; and assist in urban regeneration, by encouraging the recycling of derelict and urban land. 17 PPG2 also states that construction of new buildings in the Green Belt is inappropriate except for the following purposes: Agriculture and forestry. Essential facilities for outdoor sport and recreation; for cemeteries; and for other uses of land, which preserve the openness of the Green Belt. Limited extension, alteration or replacement of existing dwellings. Limited infilling or redevelopment of major existing developed sites identified in adopted development plans, which meet the criteria in Annex C of PPG2. 18 Paragraph 3.5 of PPG2 states that “examples of essential facilities such as should be genuinely required for uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it. Possible examples of such facilities include small changing rooms or unobtrusive spectator accommodation for outdoor sport”.
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