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Md190608dca Kings School Ottery St Mary Cricket Practice P–

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Md190608dca Kings School Ottery St Mary Cricket Practice P– EEC/08/179/HQ Development Control Committee 16 July 2008 County Council Development: East Devon District: Proposed Multi-Use Games Area and Cricket Practice Pitch at the Kings School, Ottery St. Mary Application No. 08/1445/CM Date application received by Devon County Council - 21 May 2008 Report of the Director of Environment, Economy and Culture Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect. It is recommended that pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, planning permission be granted subject to conditions relating to standard commencement, development in accordance with application plans, submission of fencing details and powers of community use. 1. Summary 1.1 This report relates to a planning application for the provision of new sports' facilities at the Kings School, Ottery St. Mary consisting of a new Multi-use Games Area (MUGA) and new synthetic turf cricket practice pitch. 1.2 The material considerations in the determination of this application are considered to be the potential visual and noise impacts on nearby properties. 2. Background/Proposal 2.1 The Kings School is located at the eastern outskirts of Ottery St. Mary, accessed from the B3174, Barrack Road, via Cadhay Lane. The application site comprises an area of about 0.5 of a hectare, is located immediately to the east of the Colin Tooze Sports' Centre and immediately to the south of an existing floodlit all-weather pitch. Both the Sports' Centre and the all-weather pitch are used both by the school and the local community. 2.2 To the west of the application site is an area of agricultural land, with a mature hedge boundary separating the application site from the field. Immediately to the south of the application site there are a number of residential semi-detached 2-storey properties (Thorne Tree Cottages). The application site backs onto the rear boundaries of these properties where the shared boundary is domestic in nature consisting of a mixture of wooden fencing and planting. 2.3 At present the land is an open grassed area and is used by the school for both informal and formal recreational sport. The land that slopes west to east and the application proposes it would be excavated in order to form a level area. 2.4 The proposed MUGA would consist of 3 courts each marked out for a number of uses including tennis, netball and basketball. The surface of the MUGA would be constructed from porous macadam with perforated drains leading to a new soakaway. The MUGA would be enclosed by a 3 metre high ball court fence. 2.5 The second element of the development is a separate cricket practice net. This would be located between the new MUGA and Colin Tooze Sports' Centre building. The application proposes 3 practice pitches the batting end to the south with this part being in net cages which would have a height of 3.6 metres. 2.6 In March 2007 an application was made at the Kings School for a detached 2-storey 5 classroom block and which included as part of the application tennis courts in the same location as the proposed MUGA subject of this application. Members will recall in dealing with this application a Site Visit was carried out and concerns were raised regarding the impact of the classroom building on neighbouring properties and subsequent to this the application was withdrawn in May 2007. A further planning application for a detached 2-storey classroom block within the main part of the built school campus was submitted in April 2008 and was approved using officer delegated powers in May 2008. 3. Consultations 3.1 East Devon District Council - No objections. 3.2 Ottery St. Mary Town Council - No objection. 3.3 Environment Agency - Standing advice - no objection. 4. Advertisement/Representations 4.1 The application has been advertised in accordance with the statutory publicity requirements and as a result of these procedures one letter of objection has been received. The objection is on the grounds of potential visual and noise impacts arising from the use of the cricket practice nets. 5. Planning Policies 5.1 In considering this application the County Planning Authority is required to have regard to the provisions of the Development Plan. Section 28(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations, which can include Emerging Policies, indicate otherwise. In this case, the relevant Development Plan Policies are summarised in Appendix I to this report. 6. Comment/Issues 6.1 The material considerations in the determination of this application are considered to be the visual and noise impact on neighbouring residential properties. 6.2 The proposal would result in a different outlook for the occupiers of Thorne Tree Cottages. Currently the properties look out onto a grassed area to the side of which is a Sports' Centre building, and behind which is a floodlit all weather pitch. It is considered that whilst there would be a visual impact as a result of this development, it is limited due to the existing all-weather pitch and Sports' Centre building. Also, because of the existing boundary screening for the properties, views are limited to the upper floor rear windows. 6.3 Potential noise impact relates to the use of the facility. Primarily the MUGA and cricket nets would be used by the Kings School pupils for formal lessons during normal school hours. The facilities would however be also used for community use on a booking basis which would be managed by the Sports' Centre staff. As the MUGA and cricket nets would not be lit evening use would be limited to during the summer period but it is anticipated that the facility will be available for weekend use throughout the year. The existing sources of noise come from the use of the existing grass area and the existing all-weather pitch. These are sporadic and variable in nature and it is considered that the development of the MUGA and cricket nets would not significantly increase noise levels. 6.4 The letter of objection received in connection with the application comes from the occupier of 5A Thorne Cottages. This specifically relates to the impact arising from the use of the cricket nets rather than from the use of the MUGA. From the nearest point from the cricket net to the nearest point on the property's boundary is a distance of about 10 metres, and about 15 metres to the corner of the actual property. This is a relatively short distance and it is accepted that the use of the cricket nets could impact of the property particularly in terms of noise. However, it is considered that this would not be of such significance as to warrant a refusal of the application on the grounds of the impact on the amenity of this property particularly when it is taken into account that the existing use of the field is for school sports' purposes. 7. Reasons for Recommendation/Alternative Options Considered 7.1 The Committee has the option of approving, refusing or deferring decision on this application. In this case it is considered that the principle of sports' use on this land is already established and any visual or noise impacts would not be so significant as to warrant refusal of the application. 7.2 In coming to the recommendation of approval, consideration has been given to restricting the use of the facilities to school use only, but it is considered that in this case it would be reasonable to allow for community use. However, it is also considered appropriate to limit the community use to bookings only with community use ceasing at 2100 hours, with this further limited outside of summer months by availability of daylight hours. 7.3 Taking into account the material considerations set out in this report, it is recommended that planning permission be granted. Edward Chorlton Electoral Divisions: Ottery St. Mary Rural Local Government Act 1972 List of Background Papers Contact for enquiries: Mike Deaton Room No: ABG, Lucombe House, County Hall, Exeter Tel No: 01392 382130 Background Paper Date File Ref. 1. Application File May 2008 to date 08/1445/CM md190608dca sc/kings school osm 4 040708 Appendix I To EEC/08/179/HQ Planning Policy Considerations In this case the most relevant Development Plan Policies are as follows: Devon Structure Plan 2001-2016: Policies ST1 (Sustainable Development); and ST3 (Self Sufficiency of Devon's Communities). East Devon Local Plan (Adopted July 2006): Policies D2 (Sustainable Construction); D3 (Access for the Disabled); and TA7 (Site Access). .
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