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Planning and Transportation - 18/05/99


V27-34 : PLANNING APPLICATIONS REFERRED FOR DECISION

W12847/3 PROPOSED SPORTS FACILITIES, LOWESTOFT ROAD, BLUNDESTON
W1719/9 PROPOSED RESIDENTIAL DEVELOPMENT, OLD LANE, LOWESTOFT

The report of the Director of Planning and Building Control related to two applications which were considered as one package in relation to the sites.

The report considered that although both applications amounted to departures from the Waveney Local Plan and that there would be some impact on the amenities of dwellings nearby and alongside the new facility, on balance the wider benefits associated with the new sports facility outweighed the disadvantages. The Director therefore recommended support of the developments as departures from the Local Plan.

The Development Control Committee considered the applications were not of significant consideration to warrant a change of Local Plan policy and resolved to refuse planning permission to both. Under Standing Order 4.18 (h)(i), as major applications for wider decision, both applications were referred to Planning and Transportation Committee with a recommendation of refusal.

At the start of his presentation, the Director stressed this was a delicate application upon which the Committee must balance their decision. The relevant planning policy was laid out at Section 4 of the report. However, members might feel strongly on the need to follow the adopted Waveney Local Plan as stated at 4.2.

Neither of the application sites were allocated in the Local Plan for the purposes proposed. However, Government guidance and law did permit departures, as noted at 4.3 in Planning Policy Guidance Note No.1 of February 1997. Members therefore had to decide whether the applications presented "other material conditions". In the Local Plan, the new site was shown as agricultural and not allocated for sporting use, the existing site was shown as sporting and not allocated for housing. The Director drew attention to "no established need for the proposed housing" at 5.7 of the report. Permission to develop on the site could therefore only be justified on the basis of the provision of improved sporting facilities being a "material consideration".

A major consideration of the new site would be the proposed floodlighting. The County officer responsible agreed that floodlighting could affect the amenity of neighbouring properties, but the higher the mounting columns, the more directional control could be attained. Another issue was the loss of some hedging in Lowestoft Road, Blundeston. Research had revealed that the existing hedge was not ancient enough to justify exclusion.

The Director added that any development on the existing site should accord with Policy H7 of the Local Plan. The proposed development was of high quality homes, without low cost housing, the low density of which was similar to the existing eastern end of The Woodlands. Concerns over extra volumes of traffic had been expressed, but the Highways Agency were satisfied that the development would not significantly increase traffic movements.

In conclusion, the Director felt that the long established nature of the Rugby Club tipped the balance. The new development could substantially increase community involvement and he recommended approval subject to conditions at section 7.0 of the report. Committee were reminded that should the applications be approved they would have to be forwarded to the Government Office for determination.

A lengthy debate followed, with members speaking for and against the applications.

Members arguments against the application included issue on breaking with the adopted Local Plan; the new development could be the pre-cursor for future ribbon development in Blundeston; the fact that Development Control Committee had voted 10-3 against the applications seeming odd if overturned; the Rugby Club selling off their old site for gain; a 40% increase in the amount of local housing; A12 access not being fully looked into; previously single applications in the area had been turned down with regard to extra traffic, if this was so for one car, how could 100 plus extra now be okay; reservations on any benefit the moving of a private members club could bring to the community as a whole; and that the traffic assessment had been carried out on 1 August 1998 during the school holidays.

In favour of the applications, members expressed the following views: not being adverse to change, the access issue being on-going in relation to the final phase of the Lowestoft Northern Spine Road; the new facility offered by the Rugby Club was much needed; a duty to mould and accept change; a danger to ignore the opportunity of a windfall site as presented at the existing Rugby Club site as the site accorded with Policy H7 of the Local Plan with the opportunity of a new £2.2 million sports development certainly to be regarded as a material consideration.

The Leader of the Council spoke in favour of approval. Living in Blundeston, it was not the sleepy hamlet many people perceived it to be. It had its own primary school, young families and was a vibrant working community. However, there was little for the youngsters and the sporting facility could address this. There was a 63% deficiency in outdoor play space in Waveney, and the new development presented an opportunity to produce something and redress this. Where possible Waveney has always listened to and helped to fulfil the needs of young people.

The Leader reminded members of a similar level of protest before the nearby development of The Woodlands was built. Increases in car movements from the new development would be no greater than when the Club had held car boot sales on the site, indeed junction and footway improvements were allowed for. She also reminded members that they were not the highway experts, people were employed for that purpose. The Leader also reminded members that it was the Government that dictated the level of new housing needed for the area, and this as a windfall site would account for 60 plus homes from that total.

She felt with the new millennium approaching the new sporting development could be something for the District to be proud of and moved approval in accordance with the recommendations at Section 7 of the report.

The Leader continued by expressing concerns to the meeting and public gallery over some of the objection letters received which had inferred malpractice by officers and members. She felt the officers were of the highest professional quality and could not accept the level of insults on this issue, which had been not just rude, but bordering on libellous. If the Chief Executive wished to take the issue further with legal proceedings, he had the full backing of members to do so.

The Chief Executive echoed the Leader's comments on the inference made. He could not tolerate the discourtesy shown in some letters, and was very concerned about statements concerning his staff. He was more than satisfied with the conduct of his officers, who he felt beyond reproach in dealings with a clearly sensitive issue. He could accept genuine views, but felt some letters were not far off libellous and would not hesitate to take legal action if his officers so wished. He reminded the gallery that it was the members that determined contentious planning issues, not officers.

RESOLVED

That planning permission be granted to applications W12847/3 and W1719/9 subject to:

(a) the successful completion of a Section 106 Agreement covering:

(i) the existing site cannot be redeveloped until the new sports facility is fully established and open for use;
(ii) contributions toward play equipment on the proposed open space at the existing Rugby Club site;
(iii) a Legal Agreement between the Rugby Club and the County Education Authority to ensure free access for schools.

(b) the imposition of appropriate conditions covering, inter-alia:

(i) appropriate hours of opening of club house and layout of facilities; (ii) removal of Permitted Development rights regarding the erection of marquees/tents etc.;
(iii) timing of planting, and schedule of maintenance;
(iv) boundary treatment;
(v) highway visibility splays and junction arrangements;
(vi) the degree of floodlighting illumination, angle of beams, degree of luminance and use of shields/louvres.

(c) the referral of both applications to the Government Office of the Eastern Region as a departure from the adopted Waveney Local Plan.


Volume 27 Minute 34

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