Development Control Committee
Meeting to be held on 6 October 2010
Part I - Item No. 13
Electoral Division affected:
Accrington North
Hyndburn Borough Council 11/10/0381
Development of a multi use games area including the erection of 2.4m high
weld mesh fencing goal posts basket ball rings and cricket panels, Peel Park
Primary School, Alice Street, Accrington.
Contact for further information:
Patrick McKeown, 01772 5534177, Environment Directorate
[email protected]
Executive Summary
Application – Development of a multi use games area including the erection of 2.4m
high weld mesh fencing goal posts basket ball rings and cricket panels at Peel Park
Primary School, Alice Street, Accrington.
Recommendation – Summary
That planning permission be granted subject to conditions controlling
commencement, working programme and hours of operation.
Applicant’s Proposal
Planning permission is sought for the creation of a multi use games area (MUGA)
covering an approximate area of 200sqm. The area would include the erection of 3m
high basketball posts, goal posts and cricket panels, coloured white, to both ends of
the court and line marking to designate playing areas. 26m of 2.4m high black weld
mesh fencing is proposed to be erected adjacent to Alice Street. The MUGA is
proposed to be used between the hours of 8.30 – 5.30pm Monday to Friday, and
9.00am – 12.30pm on Saturdays.
Description and Location of Site
Peel Park Primary is a traditional Victorian school building located approximately
0.5km northeast of Accrington Town Centre. The proposed MUGA would be located
in the southeast corner of the school grounds on an existing tarmaced area and
adjacent to the car park. The area is fenced and fenced off from the car park by 1.2m
high railings. It is used for overspill car parking when required. The surrounding area
-2is primarily residential, with properties located to the south-east, south-west and
north-west, the nearest of which are located at a distance of 12m to the south-east of
the development site in Turkey Street and Sultan Street.
Background
History
Planning permission for the erection of a three metre high mesh, ball stop fence to
Manor Street elevation and playing field area to rear of school was granted in 2002
(ref.11/02/0499).
Planning permission for the siting of a steel storage container for outdoor sports
equipment and the erection of two canopies within the playground was granted in
July 2009 (ref.11/09/0254).
Planning permission for the formation of two disabled access ramps, and new
access and gate was granted in February 2010 (ref.11/10/0001).
Planning Policy
Hyndburn Borough Local Plan
Policy E10
General Development Policy
Consultations
Hyndburn Borough Council – No objection in principle. Advise that the MUGA would
provide a much needed level playing surface to enable the school to deliver the
curriculum requirements for physical education but that a MUGA in a residential area
has the potential to raise concerns about disturbance from noise and visual intrusion
and that the siting of these facilities in appropriate locations is the best way of
controlling impacts on amenity and, given its location opposite residential properties,
LCC should be satisfied that there are no more appropriate locations within the
school grounds that could accommodate the development. Recommend the use of
conditions to control the hours of use (in line with those proposed) and to ensure that
activities are properly supervised.
LCC Director (HEM) – Is concerned that the height of the proposed fencing along the
Alice Street highway boundary at 2.4m is unlikely to be high enough to prevent balls
leaving the play area and bouncing onto the highway where they would pose a
hazard (albeit slight) to passing traffic, and their recovery could be hazardous. The
existing car park has no spare capacity; notwithstanding the loss of a potential
overspill parking area, any staff concerned about the risk of their vehicles being
damaged, and consequently wishing to park some distance from the MUGA, will
have no option but to park on the public highway possibly affecting the amenity of
residents in the vicinity.
Hyndburn Councillor Dave Ward – Welcomes the proposed investment to Peel Park
School but believes the MUGA would be in the wrong location. The MUGA in the
-3location proposed would adversely affect the street scene of Alice Street, Turkey
Street and the surrounding area due to the height of the fence. In its proposed
location the MUGA would also be a distraction to motorists along Alice Street, which
is a very busy road, and would create antisocial behaviour due to local youths using
the facilities out of hours. The development would be better located at the top of the
car park away from the main road and residential properties
Representations – The application has been advertised by site notice and
neighbouring residents informed by individual letter. Two letters of representation
have been received objecting to the proposals for the following summarised reasons:
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The sound of balls on a weldmesh fence in such close proximity to residential
properties would create a noise nuisance.
The development should be located at the top of the existing carpark.
It would be visually damaging to the street scene.
It would be a distraction to motorists using Alice Street.
It would attract local youths resulting in anti-social behaviour.
Advice
Director of Environment and Public Protection Services – Observations
The proposed development is for a multi-use games area to provide enhanced
recreational provision for the pupils of Peel Park Primary. The games area would be
used for physical education lessons, Saturday and after school games clubs and
informal playtime sessions.
Policy E10 of the Hyndburn Borough Local Plan seeks to ensure that all
development is of a high standard, is acceptable in terms of its visual appearance
and is sympathetic to existing land uses. Additionally, appropriate consideration must
be given to the likely level of environmental pollution that may result from
development proposals, including the possibility of noise nuisance, and the
relationship to the road network.
The proposed games area would be located on an existing tarmaced area in the
southeast corner of the school grounds with the closest residential properties being
located 12m from the development site in Turkey Street and Sultan Street. A
Hyndburn Councillor and a number of residents are of the view that the proposed
location is unsuitable and request that the MUGA be located at the top of the existing
car park.
The applicant has considered alternative sites and most particularly the area of
existing car park located to the eastern side of the school grounds and referred to in
objections. However, the topography of this part of the school site would make this
option unviable due to the amount of groundwork and engineering works that would
be required and was therefore found unacceptable. The proposed site is an existing
suitable hard surface which is segregated from the carpark and has direct gated
access to the existing playground. The location is therefore considered to be the only
available alternative that could be developed for this purpose. Nevertheless it is
-4necessary to consider the visual impact of the fence, noise associated with the use
of the MUGA and the relationship of the MUGA to the road network.
Concerns have been raised that the development would be visually detrimental to
the street scene of Alice Street, Turkey Street and the surrounding area. The
development would include the erection of 3m high white basketball posts, which
would incorporate football goals and cricket panels, and the erection of black 2.4m
weldmesh fencing. The fence is required for the health and safety of pupils and to
help prevent balls and sports equipment from leaving the site. The fencing would be
coloured black to match the existing boundary treatment at the school. The fence
would have some visual impact in the street scene. However, the fence would be
associated with an existing primary school and would not be directly overlooked by
the frontage of nearby residential properties. It is considered that the fence, coloured
black would not generate any unacceptable visual impact and the limited impact
would be outweighed by the benefits of the MUGA to the school.
An objection has been received on the grounds that the provision of a MUGA would
result in unacceptable levels of noise, which would affect the amenity of local
residents. It is accepted that there would be some noise associated with the sporting
activities and that there may be limited general disturbance. However, the proposed
facility is relatively small and is designed to fulfil a specific need for the pupils of the
school. The facility would not be available for the wider community; there would be
no floodlights. The area in question is located within the grounds of an existing
primary school and could in any event be laid out and used for sports purposes
without the need for planning permission. A restriction on hours of use is proposed
and therefore on balance it is considered the proposal is acceptable.
The games area would be located adjacent to Alice Street which is a busy road,
particularly at the beginning and end of the school day and concern has been raised
that the development would serve as a distraction to motorists. LCC Director (HEM)
has expressed concern that the fence is not high enough to prevent balls leaving the
area which may present a slight risk to passing traffic and necessitate their recovery,
which may also present a risk. The site is located adjacent to the existing
playground, which is regularly used for similar recreational purposes without the
benefit of a 2.4m boundary fence. The creation of a games area would intensify the
recreational use in a specific area. However, given the small scale of the
development which is for use by supervised primary school children, it is considered
that the 2.4m high fencing would be adequate, and the potential risk in terms of
highway safety is not deemed so significant as to justify the visual impact that would
result from a higher fence. Additionally, the provision of a games area is considered
to outweigh the loss of an area, which is used occasionally as an overspill carpark.
On the sporadic occasions where additional parking is required, the use of
surrounding residential streets is deemed acceptable, and on balance the provision
of recreational facilities at the school is considered to outweigh the loss of the
parking.
Concern has been raised that the development would attract local youths in the area
and lead to anti-social behaviour. Whilst the MUGA would not be fenced on the inner
sides, it is considered that the development would not increase opportunities for
antisocial behaviour in the area over and above that which could potentially take
-5place at present. Additionally, locating the games area elsewhere on the site would
be of no particular advantage in addressing this concern. Should anti social
behaviour prove to be a problem, there would still be an opportunity for the MUGA to
be fenced on the inside boundaries and the need for which would have to be
considered by the school.
In view of the scale of the proposal it is considered that no Convention Rights set out
in the Human Rights Act 1998 would be affected.
Summary of Reasons for Decision
The proposed development would provide enhanced recreational provision for the
pupils of Peel Park Primary for which there are no reasonable alternatives within the
school grounds. The development would be acceptable by way of scale and design
and would not have an unacceptable adverse impact on residential or local visual
amenity. The conditional restriction on the hours of permitted use would ensure the
development would not generate unacceptable levels of noise. The development
would be acceptable in terms of highway safety. The development accords with the
policy of the development plan. The policy of the development plan relative to this
decision is:
Hyndburn Borough Local Plan
Policy E10
General Development Policy
Recommendation
That planning permission be granted subject to the following conditions:
Time Limits
1.
The development hereby permitted shall commence not later than 3 years
from the date of this permission.
Reason: Imposed pursuant to Section 91 (1) (a) of the Town and Country
Planning Act 1990.
Working Programme
2.
The development shall be carried out in accordance with the following
documents:
a) The Planning Application and Design and Access Statement
received by the Director of Environment and Public Protection Services
on 1st September 2010
b) Submitted Plans and documents:
Drawing No.
-6SLP - Site Location Plan
1 - 'Creating a Positive Whole School Impact at Peel Park
Primary'
c) Email from Paul Richardson (LCC Property Group) dated 20th
September 2010 confirming that the proposed fencing will be coloured
black.
Reason: For the avoidance of doubt and to ensure the control the
development and to minimise its impact on the amenities of the local area and
to conform with Policy E10 of the Hyndburn Borough Local Plan.
Hours of Working
3.
The multi use games area and associated equipment shall not be used
outside the hours of:
0830 to 1730 hours, Mondays to Fridays (except Public Holidays)
0900 to 1230 hours on Saturdays
The multi use games area and associated equipment shall not be used at any
time on Sundays or Public Holidays.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy E10 of the
Hyndburn Borough Local Plan
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
11/10/0381
11/10/0001
11/09/0254
11/02/0499
Date
20/09/10
Contact/Directorate/Ext
Patrick McKeown
Environment
34177
Reason for Inclusion in Part II, if appropriate
N/A