Planning Application 2/2014/0278...Planning Application 2/2014/0278 Proposed Development: Outline application to relocate existing tennis courts and car park to provide improved sports

Planning Application

2/2014/0278 Proposed Development:

Outline application to relocate existing tennis courts and car park to provide improved sports facility and construction of 24 dwellings including new vehicular access onto Lorton Road - Re-submission of 2/2013/0245

Location: Land adjacent to Cockermouth RUFC Lorton Road Cockermouth

Applicant: Rockford Holdings Ltd

Recommendation:

Approved (subject to a completed and signed Section 106 Agreement by all parties by the application expiry date of 22/7/2014). Should the Section 106 not be signed accordingly by the agreed deadline, Officers’ request Members’ authority that the application be refused under delegated powers.

Summary/Key Issues

Issue Conclusion

Principle of Development

The principle of development has been considered by the Planning Inspector with regard to previous applications and appeals and the matter is not contested.

Affordable Housing The application does not propose any affordable housing in order to provide improved sports facilities, replacement rugby club car park and meet the expenses of site decontamination. This has been justified with a Financial Viability Assessment accepted by the Planning Inspector regarding the most recent appeal.

Section 106 Legal Agreement

The most recent appeal was dismissed but only on the grounds of an incomplete S106 Agreement securing site maintenance and open space. All parties have now indicated a willingness to enter into the agreement including the Rugby Club who reserves the right of signature until consent is granted.

Sport England Support the application with the inclusion of sports facilities but would object if they were not to be provided.

Benefits The proposals will provide a mix of housing at a sustainable location contributing to the strategic housing supply for the Borough whilst providing improved sports facilities

Proposal

1. Outline application to relocate existing tennis courts and car park to provide improved sports facility and construction of 24 dwellings including new vehicular access onto Lorton Road. This is a re-submission of application 2/2013/0245.

Site

2. The application site is located on the edge of Cockermouth adjacent to the redeveloped Strawberry How site of mixed commercial and residential use to the north with the Rugby Club and playing fields to the south-east.

Relevant Policies Allerdale Local Plan, Adopted 1999 (Saved) Policy EN1 - Minimising Travel, Policy EN11 - Conservation of Water Resources Policy EN14 - Safeguarding Water Environment Policy EN18 - Control of light pollution Policy EN2 - Energy Efficiency Policy EN25 - Protecting the open countryside Policy EN27 - Protecting SSSI's Policy EN3 – Landscaping Policy EN32 - Protecting wildlife protected by law Policy EN37 - Protection of open land in urban areas Policy EN39 - Access for the disabled Policy EN4 - Tree & Hedgerow Preservation Orders Policy EN6 - Location of potentially polluting development Policy EN7 - Location of pollution sensitive development Policy EN9 - Contaminated/Derelict Land Policy HS14 - Affordable/local needs housing on large sites Policy L1 - Provision of open space in housing development Policy L2 - Provision of sports pitches in identified areas of shortfall Policy L3 - New leisure/community facilities Policy L4 - Loss of leisure/community facilities Policy TR11 - Provision for cyclists Policy TR13 - Provision for pedestrians Allerdale Local Plan First Alteration, June 2006 (Saved) Policy HS15 - Affordable/local needs housing outside settlements Policy HS7 - Housing development on unallocated sites Policy HS8 - Housing design Policy HS9 - Infrastructure requirements for housing Policy EN13 - Flood plains and flood risk Allerdale Local Plan (Part 1) Pre-Submission Draft May 2013 Policy S1 - Presumption in favour of sustainable development

Policy S32 - Safeguarding amenity Policy S4 - Design principles Policy S7 - A mixed and balanced housing market National Planning Policy Framework 10 Meeting the challenge of climate change, flooding and coastal change 11 Conserving and enhancing the natural environment 4 Promoting sustainable transport 6 Delivering a wide choice of high quality homes 7 Requiring good design 8 Promoting healthy communities

Relevant Planning History The application site has been subject to three previous applications 2/2010/0647, 2/2011/0802 and 2/2013/0245 all of which were refused on various grounds and dismissed to a varying degree at appeal. Application 2/2013/0245 was the most recent application which officers considered addressed all previous reasons for refusal. The application was however refused by the Development Panel The reason for refusal was as follows. The Local Planning Authority is not satisfied that the provision of local affordable housing cannot be viably achieved at the application site contrary to Para 7,17,19,47,50, 54 and 55 of the National Planning Policy Framework. It was subsequently dismissed in part at appeal (APP/G0908/A/13/2201834) and is the focus of this resubmission. Although dismissed, the Inspector’s report clearly upheld the principle of housing, the design, appearance and access, and accepted the Financial Viability Assessment that discounted the ability to provide affordable housing due to the cost of providing sports facilities and expenses regarding contaminated land. The Inspector’s comments are summarised as follows. “One further paragraph of the Framework, not relied on by the Council, is important in relation to this case. This is paragraph 173 and it is worth quoting extensively. It says “Pursuing sustainable development requires careful attention to viability and costs in - decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing - or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.” My assessment, on the basis of the evidence before me, with all its gaps, is that this paragraph applies very much to the appeal project, and so supports it. The Council has chosen to rely on Government policy rather than local planning policy.

Various local policies are relevant, but I do not believe that consideration of them takes the matter materially further. The conclusion I draw from my own assessment of how Government policy in the form of the Framework relates to the project before me is that, taking the Framework as a whole, the project should not be resisted on the basis that it would contain no affordable housing. The project succeeds on issue (a).”

Representations Town Council – Refuse on the grounds of inappropriate access and the lack of affordable housing. Highway Authority – No objections subject to conditions. Sport England – No objection subject to the inclusion of improved sports facilities. The report below provides additional comment from Sport England should sports facilities be removed from the development in preference to affordable housing provision. Cumbria County Council – No objection. The proposals are not considered to be Category 1 Development with no strategic implications. A financial contribution to Education is not required. Allerdale Housing – No objection subject to a percentage of affordable housing to meet a proven need. United Utilities – No objection subject to conditions and ‘standing advice’. Natural England – No objections subject to ‘standing advice’. Environment Agency – No objection subject to conditions regarding drainage. Cockermouth Civic Trust – Approve. The lack of affordable housing is noted but with the improved sports facilities welcomed. The application has been advertised on site and in the local press. Adjoining landowners have been notified. Fourteen letters of objection have been received as accounted for below.

Main Issues: Introduction

3. It is clear from reviewing the most recent appeal decision for the site that the Council’s reasons for refusal were not supported by the Inspector. The only reason for dismissal of the appeal was the lack of a signed S106 Agreement by all parties. This is required to secure the maintenance of un-adopted areas, the provision of the children’s play area and surface water management.

4. The Rugby Club themselves are required as a signatory. They have provided

written confirmation of their ‘willingness’ to enter into the S106 Agreement but wish to withhold signature until approval is fully granted. This unsigned Section 106 Agreement has been a matter for refusal in the past as unless site maintenance and the children’s play area is required to ensure the development is acceptable in planning terms.. With all other parties in agreement it is considered that there is a reasonable prospect the S106 agreement can now be concluded. A draft document has been received by the Council.

5. All material planning considerations remain as previously considered by Members

and the most recent appeal decision concludes the proposal was generally acceptable in planning terms. Details are not repeated within this report and Members are referred to the Officer’s report 2/2013/0245 and the Inspector’s Report APP/G0908/A/13/2201834.

Sports Facilities

6. When the previous application was considered by members there was some discussion that members may prefer to see the provision of affordable housing as part of the scheme. Sport England has been consulted as to their view of the site developed without any replacement sports facilities. Their comments are as follows.

7. D”That part of the proposal to construct 24 dwellings will be located on existing

tennis courts and car park with archery store. The tennis courts and car park are a constituent part of the wider rugby club site which falls within the definition of a playing field. Schedule 5 of Statutory Instrument 2010/2184 defines a playing field as the whole of a site which accommodates at least one pitch of 0.2ha or more. The tennis courts and car park are therefore part of the playing field and the impact of their loss is assessed against Sport England’s Playing Fields Policy and paragraph 74 of NPPF.

8. In this case the loss of the tennis courts without the currently proposed

replacement, and no pitch improvements to mitigate the quantitative loss of playing field would be contrary to both Sport England policy and paragraph 74 of NPPF. Sport England would lodge a statutory objection.

Both policies require one of the following criteria/exceptions to be met: 1. An assessment has clearly shown the sports facility is surplus to requirement;

or

2. The sports facility is replaced to an equivalent or better quantity and quality; or

3. An indoor or outdoor sports facility the benefits of which outweigh the loss of playing field.

In the case of the first point, the applicant has not produced an assessment to

justify the loss. Sport England is currently working with Allerdale Council to produce a Playing Pitch Strategy which assesses the demand and supply of tennis courts as well as pitches. The assessment of current and future demand and supply has been finalised and the Strategy is in the process of being prepared.

The assessment shows the tennis courts are used by Cockermouth Tennis Club

and are a multi sport facility i.e. other court markings are present. The assessment identifies latent demand for tennis in the area i.e. there are people who would like to play tennis but can’t because either the facilities are poor quality, inaccessible or operating at capacity. The overall finding for tennis is a likely increase in participation and associated future demand for courts. The key objective is to improve poor quality tennis courts. As there is an identified need for tennis courts with unmet demand and a projected increase in demand the tennis courts cannot be clearly demonstrated to be surplus to requirement.

In the case of the second point the current application replaces the tennis courts.

This meets both Sport England policy and paragraph 74 of NPPF. In the case of the third point, this relates to qualitative improvements outweighing the quantitative loss of playing field. The existing car park is an ancillary facility to support the rugby club. This is to be replaced partly on an area of playing field that is functional playing field i.e. is or has been used to accommodate pitch sports. Although the under 8’s pitch affected can be repositioned the overall result of the proposal is to reduce the size of the playing field as a whole which is contrary to paragraph 74 of NPPF and Sport England policy. Although no quantitative replacement playing field is proposed it was considered the pitch improvements would mitigate the loss as it would increase capacity in the pitches and increase participation in rugby. If the pitch improvements are removed from the scheme then there would be an overall loss of playing field that has not been mitigated. If the application was to be amended to remove the replacement tennis courts and pitch improvements and Sport England lodged a statutory objection then should your Council be minded to grant planning permission for the development, in accordance with The Town and Country Planning (Consultation) (England) Direction 2009, and the DCLG letter of 10 March 2011, the application should be referred to the National Planning Casework Unit.

Grounds of Local Concern

9. The responses from the public are as follows

Representations from the general public have been received with 14 letters of objection and comment regarding the following. Excessive traffic generation Access Oversupply of housing in the town Housing need Speculative development financially driven

Foul water discharge Surface water drainage Availability and capacity of utilities General local infrastructure and highway provision Design and appearance Lack of affordable housing provision Overdevelopment and urbanisation of the town Visual impact Landscape impact Residential amenity Loss of trees Setting of Listed Building Commitment to implementing replacement tennis courts Reduced parking provision for Rugby Club Flooding Nature Conservation Legal covenant on the land that restricts residential development Loss of tennis courts Consideration of alternative sites Impact upon settlement form and character Applicants assessment of existing Rugby Club car park being not fit for purpose Non-essential development in the countryside Loss of Rugby Club car park Inadequate survey of contaminated land Applicant’s company profile

10. With regard to development being identical in layout, design and appearance to

that previously considered by the Council and the Planning Inspector, it is considered these objections could not be sustained as reasons for refusal. The majority of objections relate to the principle of development which was not a reason for refusal/appeal dismissal at the last submission.

Financial Implications

11. Having regard to S70 (2) of the Town and Country Planning Act 1990 there are financial implications for the Council in that a net increase in housing provision attracts new homes bonus.

Conclusion/Recommendation 12. As a well related site on the edge of this key settlement, the proposed

development is considered sustainable and acceptable in compliance with current local and national policy guidelines. The development is considered to have no significant impact upon highway safety or visual and residential amenity of the locality. Whilst planning policy normally seeks to secure the provision of affordable housing, Government policy is clear that this requirement should be waived if it can be demonstrated that this would render the development unviable. If the scheme were to be amended to remove the proposal to provide replacement sports facilities this may improve the viability of the scheme but it would then not be acceptable in planning policy terms therefore such an amendment would not

secure the provision of affordable housing. In contrast the current scheme can be demonstrated to be acceptable in planning policy terms notwithstanding the lack of affordable housing provision.

13. In view of the guidance provided by the previous appeal decision it is considered

that subject to an agreed and signed S106 Agreement the proposals are acceptable. There have been no significant changes in circumstances at the site including a consideration of the emerging policies of the Allerdale Local Plan (Part1).

14.Notwithstanding the above the proposal is only acceptable subject to the matters

to be secured by planning obligation. Although there appears a reasonable prospect a S106 agreement can now be concluded no such agreement has been concluded to date. Given the recent planning history it is consider that should it not be possible to conclude this agreement within a reasonable timescale then planning permission should be refused.

15. Therefore whilst the application is recommended for approval should the S106 not

be signed accordingly by the specified deadline agreement is sought that the application be refused under delegated powers for the following reason.

16. “In the absence of a signed Section 106 Legal Agreement it is considered that the

future maintenance provision of un-adopted areas, children’s play area and surface water management has not been secured contrary to Policies EN3, EN14 and L1 of the Allerdale Local Plan Adopted 1999 (Saved), Policies HS8 and HS9 of the Allerdale Local Plan First Alteration June 2006 (Saved), Policies S1 and S4 of the Allerdale Local Plan (Part 1) Pre-Submission Draft May 2013 and Paragraphs 6, 7, 8, 9, 11, 14, 17, 57, 58, 69, 70, 73, 94 and 99 of The National Planning Policy Framework.”

Annex 1 Conditions 1. Before any works commence, details of the landscaping (hereinafter called

'reserved matters') shall be submitted to and approved by the Local Planning Authority.

Reason: The application has been submitted as an outline application, in accordance with the provisions of the details of the Town and Country Planning (General Permitted Development Procedure) Order 1995.

2. The development hereby permitted shall be carried out in accordance with the following plans:090502-110 - Access onto Lorton Road

090502-101 - Block Plan 090502-104 - Centre Blk Elevations 090502-103 - Centre Block Plans 090502-111 - Footpath to Lorton Road 090502-102 - Plans and Elevations 090502-107 - NE Terrace Plans and Elevations 090502-105 - North West Terrace Plans and Elevations 090502-106 - South E Block Plans and Elevations

090502-108 - Sections 1-3 090502-109 - Sections 4-6 090502-98 - Site Location Plan (amendment received 1/5/2014) 090502-100 - Site Layout 090502-112 - Disabled parking 09225-1-C - Lighting Details SK01-229 - Proposed Access SK02-229 Rev A - Access and Auto Track Refuse Vehicle 0910-GEOE - 192 - Geo Environmental Plan 0910-GEO - 176 - Geo Environmental Plan 2011-042 Site Investigation Report Drainage Assessment GEOE-192 dated 2/3/2011 2010-023 Drainage Survey Report dated 21/9/2010 2010-03 Flood Risk Assessment dated 6/9/2010 EPG-7554-02-AMENDED (RR) - Drainage Plan LS11901 -1-1 - Proposed Lighting Hesketh Ecology Report RRD10SCO010.001 dated 12/122010 Geo-Environmental Site Investigation Report 2011-042 dated 2/2/2011 Hesketh Ecology Report Update dated 27/4/2014 (amendment received 28/4/14) Reason: In order to ensure a satisfactory standard of development. 3. The submission of all reserved matters applications shall be made no later

than the expiration of 3 years beginning with the date of this permission and the development shall begin no later than whichever is the later of the following dates:

a) The expiration of three years from the date of the grant of this permission, or

b) The expiration of two years from the final approval of the 'reserved matters' or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

4. No development shall commence until a scheme for the attenuation and

disposal of surface water from the site has been submitted to and approved by the Local Planning Authority in writing. The scheme shall be fully implemented as approved prior to the first occupation of the housing hereby approved and shall be maintained operational thereafter.

Reason : To ensure an appropriate methd of disposal of surface water drainage in accordance with Policy HS9 of the Allerale Local Plan, First Alteration, June 2006 (Saved)

5. No development shall commence until a scheme for the disposal of foul

drainage from the site has been submitted to and approved by the Local Planning Authority in writing. The scheme shall detail the necessary mitigation measures of diverting existing surface water avoiding discharge into the combined sewer. The scheme shall be fully implemented as approved prior to the first occupation of the housing hereby approved and shall be maintained operational thereafter.

Reason : To ensure an appropriate methd of disposal of surface water drainage in accordance with Policy HS9 of the Allerale Local Plan, First Alteration, June 2006 (Saved).

6. No part of the development hereby permitted shall be commenced until details

and representative samples of all external and roofing materials and surfacing materials for driveways and private roads have been submitted to and approved by the Local Planning Authority in writing. The materials so approved shall be used in the development as approved.

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area, in compliance with the National Planning Policy Framework and Policy HS8 of the Allerdale Local Plan, First Alteration June 2006 (Saved).

7. Notwithstanding the approved plans, details of the siting, height and type of

all means of enclosure/screen walls/fences/other means of enclosure shall be submitted to and approved by the Local Planning Authority in writing before development commences. Any such walls/fences etc shall be constructed prior to the approved building being brought into use/occupied. All means of enclosure so constructed shall be retained and no part thereof shall be removed without the prior consent of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and protect the privacy of occupiers.

8. Notwithstanding the approved plans, details of the siting, height and type of

all means of all retaining walls shall be submitted to and approved by the Local Planning Authority in writing before development commences. The development shall be completed in accordance with the approved details.

Reason : To ensure a satisfactory standard of development that is compatible with the character of the surrounding area.

9. Notwithstanding the approved plans, details of the finished floor levels shall

be submitted to and approved by the Local Planning Authority in writing before development commences. The development shall be completed in accordance with the approved details.

Reason : To ensure a satisfactory standard of development that is compatible with the character of the surrounding area and in the interests of visual and residential amenity.

10. No development shall take place until a Construction and Demolition Method

Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following: (a) Traffic Management Plan to include all traffic associated with the development, including site and staff traffic; (b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445. (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light

pollution. (d) Mitigation measures to ensure that no harm is caused to protected species during construction. (e) A written procedure for dealing with complaints regarding the construction or demolition; (f) Measures to control the emissions of dust and dirt during construction and demolition; (g) Programme of work for Demolition and Construction phase; (h) Hours of working and deliveries; (i) Details of lighting to be used on site. The approved statement shall be adhered to throughout the duration of the development.

Reason: In the interests of the amenity of the occupiers of neighbouring properties, in compliance with the National Planning Policy Framework and Policy EN6 of the Allerdale Local Plan, Adopted 1999 (Saved).

11. No development hereby permitted shall commence until details have been

submitted to, approved and implemented for 40mph highway speed limit signage on Lorton road incorporating a village gateway feature.

Reason : In the interests of highway safety. 12. Prior to any housing hereby approved being occupied, a 1.8m wide footway

shall be provided from the site entrance on Lorton Road to a point opposite the property known as Lowdon where the existing footpath begins. Details of this footpath including longitudinal and cross sections shall be submitted to and approved by the Local Planning Authority in writing before the development commences and the works shall be completed as approved prior to the first dwelling being occupied.

Reason: In the interest of highway safety 13. The carriageway and footways etc shall be designed, constructed, drained and

lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete.

Reason: To ensure a minimum standard of construction in the interests of highway safety.

14. The development shall not commence until visibility splays providing clear

visibility of 2.4m x 112m in a north westerly direction & 2.4 x 121m in a South easterly direction measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be

permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

Reason: In the interests of highway safety. 15. No development shall commence until details of the proposed crossing of the

highway verge to form the new access off Lorton Road has been submitted to and approved by the Local Planning Authority in writing. The new access shall be implemented as approved prior to the construction of any housing or the commencement of works to construct the new tennis courts or car parking.

Reason: To ensure a suitable standard of crossing for pedestrian safety. 16. No dwellings shall be occupied until the estate road, including footways to

serve each dwelling have been constructed to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.

Reason : In the interests of highway safety. 17. No dwelling shall be occupied until the vehicular access and parking

requirements for each unit have been constructed in accordance with the approved plans and have been made available for use.

Reason : In the interests of highway safety. 18. Vehicular parking and turning provisions for the housing hereby approved

shall be retained and shall be capable of use at all times and shall not be removed or altered without the prior consent of the Local Planning Authority.

Reason : To ensure parking and turning facilities are retained for the lifetime of the development in the interests of residential amenity and highway safety.

19. The development shall be undertaken in accordance with the mitigation

measures contained within the Hesketh Ecology Report RRD10SCO010.001 dated 12/11/2010

Reason : To ensure appropriate mitigation and enhancement of biodiversity interests.

20. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 2008 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) no development falling within Classes A and E of Part 1 and Class A of Part 2 of Schedule 2 of the said Order shall be carried out to housing plots 1 to 4 (within the rear gardens fronting Lorton Road) without the prior written permission of the Local Planning Authority.

Reason: The Local Planning Authority wishes to retain control over any proposed alterations, extensions and boundary treatment on the frontage with Lorton Road in the interests of the appearance of the site and the character of the surrounding area.

21. Before the first house is occupied, the tennis facilities hereby approved shall

be constructed in accordance with the facility guidance notes produced by the Lawn Tennis Association (including Artificial Grass Court Guidance, Floodlighting outdoor Courts Guidance, Mini Tennis Court Guidance and Key

Dimensions Court Guidance) unless otherwise agreed in writing with the Local Planning Authority (in consultation with Sport England), and made available for use prior to the removal of the existing tennis courts/multi use games area.

Reason : To ensure that the replacement facilities are fit for purpose and to ensure the continuous provision of sports facilities.

22. Prior to the commencement of development, a scheme for the improvement

and maintenance of the adjacent playing pitches shall be submitted to the Local Planning Authority for approval. The approved playing fields shall thereafter be improved and maintained in accordance with the approved details and implementation timetable.

Reason : To provide appropriate mitigation for the loss of sports provision. 23. The Local Area for Play identified on Drawing 090502-100 Site Layout, shall be

fully implemented and made available for use prior to the occupation of the 15th dwelling hereby approved.

Reason : To ensure the provision of appropriate play space in accordance with Policy L1 of the Allerdale Local Plan Adopted 1999 (Saved).

24. No development approved by this permission shall commence until a desktop

study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement.

Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy EN9 of the Allerdale Local Plan (Saved).

25. No development approved by this permission shall commence until a desktop

study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement.


26. Should land affected by contamination be identified under the desk top study

under condition 24 is found which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an

appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan.


27. Should a contamination remediation scheme be required under condition 25

the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use.


28. In the event that contamination is found at any time when carrying out the

approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11.


29. Prior to the commencement of development, a detailed noise assessment

shall be submitted to the Local Planning Authority and approved in writing. The noise assessment should consider the impact of the tennis court on the proposed residential development hereby approved and should include any necessary mitigation measures to protect residential amenity. The approved mitigation shall be implemented prior to the occupation of any dwelling and shall be retained for the lifetime of the development.

Reason : To safeguard the amenity of residential prioperties in accordance with Policy EN6 of the Allerdlae Local Plan Adopted 1999 (Saved).

30. Notwithstanding the submitted details, before the use of the tennis courts

commences, the following details of flodlighting shal be provided to the Local Planning Authority and approved in writing. i) A detailed specification of the floodlights in cluding column height, external finish, wattage, hooding and direction/angling, number of columns and positioning. ii) A lighting assessment considering impact of the floodlighting on residential and visual amenity. iii) Details of floodlight maintenance. iv) Details of hours of floodlight operation. The floodlights shall be installed and operated in accordance with the approved details for the lifetime of the

development. Reason : To safeguard the amenity of residential prioperties in accordance with

Policy EN6 of the Allerdlae Local Plan Adopted 1999 (Saved). Proactive Statement Application Approved Following Revisions The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. Notes to Applicant:

Documents

Planning Application 2/2014/0278...Planning Application 2/2014/0278 Proposed Development: Outline application to relocate existing tennis courts and car park to provide improved sports