THE HIGHLAND COUNCIL
Agenda Item
NORTH AREA PLANNING APPLICATIONS COMMITTEE
Report No
– 20.03.2012
4.6
PLN/022/12
11/04256/FUL : Sinclair Bay Community Council
Keiss Play area, High Street, Keiss, Caithness
Report by Area Planning Manager
SUMMARY
Description : The creation of a community park on ground adjoining the existing Keiss
Play Area, with installation of a MUGA (Multi Active Games Area), fitness
and picnic area.
Recommendation - GRANT
Ward : Ward 4 – Landward Caithness
Development category : Local Development
Pre-determination hearing : N/A
Reason referred to Committee : Highland Council Interest.
1.
PROPOSED DEVELOPMENT
1.1
Full planning permission is sought for the creation of a community park on ground
adjoining the existing Keiss Play Area. The proposals include the installation of a
Multi Active Games Area (MUGA), fitness area and a picnic area.
The plans submitted are indicative of materials and the equipment to be employed
in the creation of a multi use games area (MUGA) and community park as an
extension to existing facilities at the Keiss Play Area.
1.2
Pre-application advice was provided.
1.3
There is an existing grassed access track which leads to the rear of the Keiss
Primary School and the school playing fields; the route of this track will be
unaltered by the proposed development. The site will be linked to the existing play
area by a path. The existing play area is bounded in part by a concrete block wall.
1.4
Projected costs of works were submitted as an indication of the works sought for
the creation of the MUGA and community park.
2.
SITE DESCRIPTION
2.1
The area is, with the exception of the grassed access track, largely overgrown,
unmaintained open space accessed from High Street, to the rear of the existing
Keiss Play area and the property known as the School House. The North East
boundary of the site adjoins agricultural land. The site is bracketed between the
grounds of Keiss Primary School to the North West and a cul-de-sac from High
Street to the South East. There is a grassed access road leading through the site
which links High Street to the playing field/school grounds of Keiss Primary School.
The school grounds remain unaffected by this proposal.
3.
PLANNING HISTORY
3.1
No planning history recorded for site
4.
PUBLIC PARTICIPATION
4.1
Advertised : Unknown Neighbour 14 Days
Representation deadline : 16.12.11
Timeous representations : 1
Late representations :
4.2
0
Material considerations raised are summarised as follows:
ƒ
Litter
ƒ
Parking
ƒ
Means of enclosure
4.3
All letters of representation are available for inspection via the Council’s eplanning
portal which can be accessed through the internet www.wam.highland.gov.uk/wam.
Access to computers can be made available via Planning and Development
Service offices.
5.
CONSULTATIONS
5.1
TECS : No objection
5.2
•
TECS will be responsible for the management and maintenance of the site
•
The refurbishment of the existing play area is being funded by the
community but remains wholly a TECS asset.
•
TECS will liaise with the Police if problems of blocking of accesses continue
Access Officer : No Objection
Noting the following;
•
the requirement to maintain access through the area of the site between the
school and the public road
•
any access restriction from High Street should be the least restrictive option
to benefit all-ability access
•
the MUGA may be considered outwith access rights as conferred by Part 1
of the Land Reform (Scotland) Act 2003 and may be secured to prevent
unauthorised use. The remainder of the site, unless part of the school
grounds, should be accessible to the public at all times.
6.
DEVELOPMENT PLAN POLICY
The following policies are relevant to the assessment of the application
6.1
6.2
Highland Structure Plan 2001
G1
Conformity with strategy
G2
Design for sustainability
SR2
Sports facilities and open space provision
G4
Community benefit and commitment
Caithness Local Plan
A
Amenity areas
7.
OTHER MATERIAL CONSIDERATIONS
7.1
Draft Highland-wide Local Development Plan
Policy 28 Sustainable Design
Policy 29 Design Quality and Place-Making
Policy 34 Settlement Development Areas
Policy 57 Natural, Built and Cultural Heritage
Policy 66 Surface Water Drainage
Policy 75 Open Space
Policy 77 Public Access
7.2
Highland Council Supplementary Planning Policy Guidance
Open Space in New Residential Developments: Supplementary Guidance (June
2009)
Note: This guidance is aimed at new residential developments however the content
with regards equiped play areas may be considered as relevant.
7.3
Scottish Government Planning Policy and Guidance
SPP Scottish Planning Policy (Open Space and Physical Activity)
PAN65 Planning and Open Space
8.
PLANNING APPRAISAL
8.1
Section 25 of the Town and Country Planning (Scotland) Act 1997 requires
planning applications to be determined in accordance with the development plan
unless material considerations indicate otherwise.
8.2
This means that the application requires to be assessed against all policies of the
Development Plan relevant to the application, all national and local policy guidance
and all other material considerations relevant to the application.
8.3
Development Plan Policy Assessment
In reference to the Caithness Local plan as adopted September 2002, the area is
designated as subject to the Amenity Areas settlement policy. Amenity Areas are
safeguarded from development not associated with their purpose and function.
Further detail is noted in the written statement, section 8. Keiss, A: Amenity pt. 6
which reinforces the protection afforded to important open spaces and amenity
areas, particularly (b) Playing field/play area at school.
It is considered that the Development Plan is supportive of this development.
8.4
Material Considerations
The proposal is considered to accord with the policies of the Highland wide Local
Development Plan (listed at 7.1 above) pertaining to the development of
sustainable communities that are served with formal open space and recreational
facilities.
The amenity use of the area will continue, albeit in a more formal manner through
the provision of facilities including picnic benches, new play/fitness equipment and
the Multi Use Games Area (MUGA). The area is envisaged as an extension to the
existing play area.
The proposed development presents both opportunities and challenges in that the
scheme will undoubtedly lead to greater use of the existing play area by a wider
section of the community than at present, will encourage sporting activity, and will
support local community development and outdoor recreation which is supported
by existing policy and guidance.
The challenges, in part identified by the single public representation, are fears
concerning the potential negative impacts on amenity including litter, inappropriate
parking and nuisance to neighbouring properties. These points have been clarified
by TECS stating that they will be responsible for the management and
maintenance of the site.
In consideration of inappropriate parking TECS have advised that whilst obstruction
on the highway is a Police matter they will liaise with the Police accordingly. If the
blocking of private accesses continues to be a problem following the
implementation of the development Road marking has been suggested by TECS
as an option they would consider to safeguard the free movement at the private
accesses.
Lighting has not been considered within this application as no indication of lighting
has been submitted as a component of proposed works. Lighting is a relatively
common inclusion in MUGA sites to allow for extended use in the winter months
and as a potential safety feature. Appropriate condition is proposed in order to
clarify if lighting is to become a future component of this development.
Ball games are likely to be within the confines of the MUGA which is an enclosed
fenced area. This will reduce the likelihood of balls straying into adjoining gardens.
It is however considered that boundary treatments for the site as a whole, inclusive
of landscaping requires additional consideration in terms of amenity. An
appropriate condition is proposed.
The use of a bound surface on the MUGA and additional hard standing has not
been accompanied by details of surface water drainage. Flooding is not noted as a
constraint within this area however the issue of adequate drainage provision
requires to be addressed. TECS have advised that they will undertake drainage as
required.
8.5
Other Considerations – not material
N/A
8.6
Matters to be secured by Section 75 Agreement
N/A
9.
CONCLUSION
9.1
The site is adjacent to a currently an underused community facility and may
reasonably be described as undeveloped land with no formal facilities. The
proposed MUGA, additional play equipment, landscaping and picnic benches will
provide a formal extension to the existing play area thereby enhancing formal
amenity provision in the village.
The proposal is considered in accordance with development plan policy and is
therefore recommended for approval subject to the conditions set out below.
10.
RECOMMENDATION
Action required before decision issued N
Subject to the above, it is recommended the application be Granted subject to
the following conditions and reasons:
1.
Within three months of the date of this consent a management and maintenance
plan shall be prepared for the site. This plan shall clearly identify roles,
responsibilities, monitoring and maintenance regimes in respect of all items
considered as a component of this consent. This plan shall clearly demonstrate
that routine management activities such as litter bins (type and location), waste
disposal, litter clearance and grass cutting together with routine maintenance of the
facility have been adequately addressed. This management and maintenance plan
shall be subject to the written agreement of the Planning Authority and the
maintenance of the facility shall be undertaken in accordance with the approved
details thereafter.
Reason: In the interest of amenity to ensure that the ongoing management and
maintenance of the site is undertaken for the benefit of the public.
2.
Details of surface water drainage for the site shall be submitted to, and approved
by, the Planning Authority before any work on the site commences. The drainage
works shall be constructed in accordance with the approved details before the first
use of this part of the community park play area.
Reason : In order to ensure that the site is properly drained.
3.
Any lighting standards or lighting systems designed for the proposal shall be
submitted to and require the approval in writing of the Planning Authority in
consultation with the Roads Authority. The approved details shall thereafter be
implemented prior to any part of the development being brought into use.
Reason : In the interest of amenity, in order to avoid light pollution and to ensure in
order to limit urban sky glow and light spillage onto surrounding areas.
4.
No development shall take place until a phasing plan has been submitted to an
approved by the Planning Authority. For the avoidance of doubt such detail shall
include a brief method statement and clarify roles and responsibilities in
undertaking the proposed works.
Reason : In the interests of residential amenity.
5.
Within 3 months of the date of this consent a fully detailed scheme of hard and soft
landscaping for the site, including a scheme of maintenance, shall be submitted in
to writing to the Planning Authority. The approved scheme shall be undertaken in
accordance with agreed details thereafter. The design of this scheme shall
consider the use of suitable boundary treatments (i.e. fences) including tree and
shrub species. All planting thereby approved shall be undertaken in the first
planting season following commencement of the development and shall thereafter
be maintained in accordance with the approved scheme of maintenance. Any
plants which, within a period of five years from commencement of the development
die, are removed, or become seriously damaged or diseased, shall be replaced in
the immediately following planting season with others of a similar size and species.
Reason : In the interests of amenity
INFORMATIVE NOTE REGARDING THE TIME LIMIT FOR THE IMPLEMENTATION OF
THIS PLANNING PERMISSION
In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997 (as
amended), the development to which this planning permission relates must commence
within THREE YEARS of the date of this decision notice. If development has not
commenced within this period, then this planning permission shall lapse.
FOOTNOTE TO APPLICANT
Statutory Requirements: The following are statutory requirements of the Town and Country
Planning (Scotland) Act 1997 (as amended). Failure to meet their respective terms
represents a breach of planning law and may result in formal enforcement action.
1.
The developer must submit a Notice of Initiation of Development (NID) in accordance
with Section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) to the Planning Authority prior to work commencing on site. Furthermore,
work must not commence until the notice has been acknowledged in writing by the
Planning Authority.
2.
On completion of the development, the developer must submit a Notice of Completion
in accordance with Section 27B of the Town and Country Planning (Scotland) Act
1997 (as amended) to the Planning Authority.
Copies of the notices referred to are attached to this consent for your convenience.
Conditions: Your attention is drawn to the conditions attached to this permission. Any preconditions (those requiring certain works, submissions etc. prior to commencement of
development) must be fulfilled prior to work starting on site. Failure to meet these
conditions may invalidate your permission or result in formal enforcement action.
Flood Risk: It is important to note that the granting of planning permission does not imply
there is an unconditional absence of flood risk relating to (of emanating from) the
application site. As per Scottish Planning Policy, planning permission does not remove the
liability position of developers or owners in relation to flood risk.
Signature:
Designation:
Area Planning Manager North Area
Author:
David Barclay
Background Papers: Documents referred to in report and in case file.
Relevant Plans:
Plan 1 – Location Plan 000001
Plan 2 – Block Plan 000002
Plan 3 – Layout Plan 05101011Rev2SM/AM
Plan 4 - MUGA
Site Location
Planning & Development
Service
11/04256/FUL
Creation of Community Park on ground
adjoining the existing Keiss Play Area,
with installation of a MUGA
(Milti Active Games Area), fitness
& picnic area
Sinclair Bay C.C
Per Mrs V Mackay
Scaraben
Main Street
Keiss
KW1 4UY
¯
© Crown copyright
100023369 2009