PTE/13/82 Development Management Committee 18 September 2013

County Council Development East Devon District: Construction of a floodlit artificial grass pitch with associated fencing and car parking at Axe Valley Community College, Chard Street, Axminster Applicant: Axe Valley Community College Application No: DCC/3507/2013 Date application received by Devon County Council: 10 June 2013 Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that planning permission is granted subject to the conditions set out in Appendix II to this Report (with any subsequent changes being agreed in consultation with Chairman, Vice Chairman and Local Member). 1. Summary 1.1 This Report relates to a planning application for a floodlit artificial grass pitch at Axe

Valley Community College, Axminster, with associated car parking facilities and fencing.

1.2 It is considered that the main material planning considerations in the determination of

this planning application are, the need for the proposed development; the requirement for improved sports pitch provision at the college; impacts on traffic and parking; impacts on nature conservation interests; visual impacts on the local landscape; and, impacts on the amenity of nearby residents particularly floodlighting and noise.

2. The Proposal/Background

2.1 The application site comprises just less than one hectare of land on the southern part of the grass playing fields at Axe Valley Community College. The college playing fields are situated approximately 0.5 km to the east of Axminster town centre.

2.2 To the north of the application site there is the northern part of the College playing

field, beyond which there are residential properties, which would be about 150 metres away from the pitch. There is a hedgebank with mature trees crossing the playing field from east to west, a third of the way from the north end. Stony Lane runs along the east side of the site, with Axminster Community Primary School and houses on the far side. On the south side of the site, there are some houses and a line of mature trees separating the site from the school’s floodlit tennis courts. In between, a footpath runs along the southern boundary and part of the eastern boundary providing a pedestrian link into the site from Stony Lane. To the west of the site, there are college buildings and the sports centre, with houses located to the north-west.

2.3 The planning application is for a floodlit artificial grass pitch, 106 metres by 71 metres

in size. The pitch would be fully porous and coloured in mid-green. It would be a ‘third-generation’ (3G) pitch with a long pile carpet with recycled rubber crumb infill.

There would be green welded mesh fencing around the pitch; this would be 3 metres in height with sections of 4.5 metres behind the goals. There would be 8 floodlighting columns, each 3 metres in height with 2 light fittings, providing an average maintained lighting level of 200 lux. The site would be levelled, with a small retaining wall at the south-west corner of the pitch. There would be a parking area on the west side of the pitch, providing an additional 50 car parking spaces on a grasscrete surface with storage for 30 bicycles.

2.4 The pitch would be used by the college for increased curriculum sport and for

extra-curriculum football training, matches and informal sport. It would also be used by Axminster Community Primary School and St Mary’s Catholic Primary School. The pitch would be available for community use outside school hours, primarily by local football clubs for training and occasional matches. The proposed hours of use are Monday to Fridays 8.00 am to 10.00 pm, Saturdays 9.00 am to 6.00 pm, and Sundays and Bank Holidays 9.30 am to 8.00 pm.

3. Consultation Responses 3.1 East Devon District Council – The council has no objection in principle to this

proposal but recommends that any floodlighting of the site should be controlled by a suitably worded condition, and that conditions should be imposed to control hours of use and tree protection measures.

3.2 Axminster Town Council – The Council supports this application in principle subject

to the provision of a business plan, on which the Town Council wishes to comment before coming to a final decision. In the interim, the Council raises the following issues:

The need to provide adequate screening via fast growing trees to mitigate intrusion from light and noise;

To review the proposed fencing and floodlighting to ensure least impact on local residents and wildlife;

To ensure a clear chain of responsibility so that robust action can be taken in response to any concerns raised by local residents.

Following consultation on additional information including the business plan, the Town Council has confirmed that it still supports the project in principle but still feels that the information supplied does not address the issues raised by local residents. In particular:

there is insufficient detail regarding the code of conduct which users will have to observe and the consequences if it is not observed;

confirmation that the lights would be switched off immediately after the last use of the day rather than the last possible use; and

concerns about users parking in adjacent streets. 3.3 Sport England – following provision of additional information, it has reconsidered the

application and is now satisfied that the proposal meets one of the exceptions of its playing fields policy relating to provision of new sports facilities of sufficient benefit to outweigh the loss of the playing field. As such, it does not wish to raise an objection to the application subject to conditions relating to a Community Use Agreement and requiring construction in accordance with submitted details.

4. Advertisement/Representations 4.1 The application was advertised in accordance with the statutory publicity

arrangements by means of a site notice, notice in the press and notification of neighbours by letter. As a result of these procedures, 15 letters and emails of objection have been received from local residents. Following notification to these people that additional information had been submitted, additional representations were received from 4 of these residents.

4.2 Objections relate to the visual impact of the development, in particular the

floodlighting; the noise associated with evening use of the pitch; potential anti-social behaviour/security issues; the proposed hours of use; and potential increase in traffic along Stony Lane and users parking in adjacent residential streets.

5. Planning Policy Considerations 5.1 In considering this application the County Council, as County Planning Authority, is

required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38 (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 indicate otherwise. In this case, the Development Plan policies are summarised in Appendix I to this report and the most relevant are referred to in more detail in Section 6 below.

6. Comments/Issues 6.1 It is considered that the main material planning considerations in the determination of

this planning application are, the need for the proposed development; the requirement for improved sports pitch provision at the college; impacts on traffic and parking; impacts on nature conservation interests; visual impacts on the local landscape; and, impacts on the amenity of nearby residents particularly floodlighting and noise. These issues are discussed in the following sections of the report.

Need for the Proposed Development

6.2 The existing grass playing fields are used for a variety of sports by the college. The

main current community use is for youth football training and development programmes. The applicant has stated that the level of college use, soil type and weather mean that there is limited capacity for additional college training/matches or community use, despite strong demand from local clubs and teams.

6.3 The applicant has stated that the new pitch would provide an important enhancement

to the quality, quantity and range of sport facilities at the college, enabling it to better meet the sporting needs of its students as well as the community. It has submitted a detailed statement of need for the pitch.

6.4 The new pitch would be used by the college for expanded teaching of football,

athletics, rugby, cricket and hockey. It would allow for increased extra-curriculum use, particularly for football training, matches and informal sport. The pitch would also be used by two local primary schools for curriculum sport and after-school activities. The National Planning Policy Framework states that Local Planning Authorities should give great weight to the need to alter schools when determining planning applications.

6.5 The scheme is a partnership between the college, Millway Rise Football Club and Axminster Town Association Football Club to meet their collective needs. Millway Rise Football Club is based at Cloakham Lawns Sports Ground, providing opportunities for training, competition, coaching and refereeing for 120 children. The club is seeking access to a floodlit, all-weather pitch to fulfil its development needs including new adult teams. Axminster Town AFC wishes to use the new pitch for mid-week training, continuing to have matches at Cloakham Lawns.

6.6 The proposed pitch would provide a single, joint solution to the needs of the college

and local football clubs. It would provide a high-capacity all-weather facility, creating an integrated community sports hub with the sports centre, pool, gym and pitch combined in a convenient and well-known location. The pitch would serve a catchment area with good access for users from the surrounding area. The 3G pitch at Axminster would provide a high-quality all-weather full-size football pitch. There are currently no 3G pitches within East Devon, the nearest being at Beaminster, Taunton, Yeovil and Exeter. Some of the objectors to the scheme have suggested that the pitch would be better located at the Cloakham Lawns sport field, but the college has stated that it is essential that the pitch is located on the school site to meet college educational needs.

Sports Pitch Provision at the College

6.7 The new pitch would be located on the southern part of the playing field, taking up

approximately half of the main field located to the south of the hedgebank. Construction of the pitch would result in a small reduction in size of an existing grass football pitch and a rugby/football pitch and the loss of a rugby/football mini-pitch and training grids. During the summer, there would be a smaller running track (of 300m with a 100m straight, compared to the existing 400 metre track), retention of the small grass rugby/football pitch and relocation of the cricket wicket. The football pitch to the north of the hedgebank would be unaffected.

6.8 Following initial concerns by Sport England about cricket provision, the applicant has

confirmed that the scheme would result in a small reduction in the size of the cricket pitch. The college has confirmed that it would continue to provide the same level of cricket provision it currently provides, albeit on a smaller pitch. Sport England has raised no objection to this, on the basis that the college proceeds with this at its own risk.

6.9 The new pitch would result in improved overall sports provision at the college,

particularly for football. The Devon County FA supports the project, stating that it would be of substantial benefit to the community. Following submission of the detailed statement of need, Sport England has confirmed that it has no objection to the scheme, subject to conditions relating to a Community Use Agreement (as discussed in section 6.23 below) and construction in accordance with the submitted details. The impact of the scheme on existing sports pitches is considered acceptable and to meet the requirements of Policies RE1 and RE2 of the adopted East Devon Local Plan.

Traffic and Car Parking

6.10 The applicant has confirmed that, during the most intensive use of the pitch for

training, there may be 40 players and coaches at the pitch. The associated traffic would mainly be at off-peak times. The new car park would provide 50 additional spaces and facilities for 30 cycles, accessed via the main vehicular access to the college on Lyme Road.

6.11 Local residents have raised concerns that the pitch would increase local traffic,

particularly on Stony Lane, and would result in users parking on nearby residential roads. Devon County Highways Officers have advised that the proposed number of car parking spaces complies with the requirements of Policy TA9 of the East Devon Local Plan, and is considered to be more than adequate to serve the proposed development such that all associated parking would take place on site. In the unlikely event that any overspill parking were to take place on nearby roads, it would not be of sufficient severity to refuse planning permission on highways-related grounds, in accordance with Paragraph 32 of the National Planning Policy Framework.

Nature Conservation

6.12 The applicant has submitted a Preliminary Ecological Appraisal and a Bat

Emergence Survey focusing on the stone building and trees on the southern boundary of the site. The main ecological impacts arise from the impact of floodlighting on bats; the removal of 3 trees and some shrubs; the creation of a 9.3 metre gap and the enlargement of an existing gap in the hedgebank which crosses the playing field east-west (in order to accommodate the running track).

6.13 The preliminary report recommends a range of measures to avoid impacts on any

reptiles, nesting birds and badgers. The applicant has confirmed that these measures would be implemented, and planning conditions could be imposed to require this.

6.14 The Bat Emergence Survey recorded use of the trees bordering the south/south east

boundary of the pitch by three bat species for hunting and feeding. The lighting assessment demonstrates that the hedgebank crossing the field is far enough away from the pitch to ensure it is not illuminated by the floodlights. The bat emergence survey recommends planting and management of vegetation around the pitch in order to alleviate/prevent a reduction in exposure and lighting of bat feeding and dispersal activity. This includes planting of native hedge vegetation at the south-east corner of the pitch to provide a dark corridor for bats, planting of trees/hedge vegetation along the hedgebank across the field and on the eastern and western field boundaries. A planning condition requiring the submission of details of tree/hedge planting and management would ensure that the impact on bats is adequately mitigated and that there is no overall habitat impact, in accordance with Policies S4 and EN6 of the East Devon Local Plan.

Landscape and Trees

6.15 The scheme would involve the removal of 3 trees: a copper beach on the west side

of playing field and two hawthorn trees at the western end of the hedgebank crossing the field. It is considered that the loss of these trees would be outweighed by the benefits of the scheme and the replacement planting discussed in section 6.14 above. The submitted arboricultural report identifies the necessary measures to protect retained trees and vegetation, in accordance with the relevant British Standard. The requirements of Policies D1 and D5 of the East Devon Local Plan are considered to be met.

Visual Impact

6.16 The main visual impact on surrounding residential properties arises from the

proposed floodlighting, and a number of local residents have objected on these

grounds. The applicant has stated that the lighting has been designed and would be installed to ensure there is minimal lateral and upwards light overspill and that no lighting units would be within the direct line of sight of residents’ windows. East Devon District Council’s Environmental Health Officer (EHO) has commented that the use of floodlighting would be concentrated in the winter (when curtains are shut) and the proposed hours of use would not intrude into the core hours of sleep. As such, it is concluded that light nuisance (through illumination of bedrooms) would not occur. The EHO has recommended a planning condition to control the installation and operation of the floodlighting in accordance with the submitted details to minimise any impact.

6.17 The fencing around the pitch would be visible from most directions, behind the

existing boundary fences and hedges. These would partially screen the fence from most directions and, along with the green colour, would mean that it would not have a significant visual impact.

6.18 The proposed planting of native trees/hedge vegetation around the boundaries of the

playing field (as discussed in section 6.14 above) would help to provide additional screening of the pitch and its floodlighting and fencing. Axminster Town Council and some local residents have requested the planting of fast-growing trees. However, the planting of native species is essential to mitigate the ecological and landscape character impacts. It is considered that the replacement planting appropriately addresses the concerns of local residents and maintains the character of the area through the enhancing existing native boundary vegetation, in accordance with Policies D1 and D4 of the East Devon Local Plan.

Noise and Hours of Use

6.19 The new pitch would be available for community use in the evenings and at

weekends. The proposed hours of use are Mondays to Fridays 8 am to 10 pm, Saturdays 9 am to 6 pm, and Sundays and Bank Holidays 9.30 am to 8pm. Local residents have objected to the noise associated with evening and weekend use of the pitch. The existing playing fields have potential to be used into the evenings, although a floodlit artificial pitch would increase the level of use, particularly in winter. The Environmental Health Officer has noted that in winter, residents are less likely to have windows and doors open and therefore any impact would have a lesser effect.

6.20 The applicant has agreed to reduce the hours of use of the pitch and floodlighting to

9.30 pm on Mondays to Fridays, 5.30 pm on Saturdays and 7.30 pm on Sundays/Public Holidays, with the access gates locked within 15 minutes of these times (or the last use of the day). The applicant has indicated that the floodlights could be switched off after the last use of the day if this is earlier than the permitted hours of use, and within permitted hours if the pitch is not being used for a few hours; it is recommended that these measures are required through the proposed Community Use Agreement (see section 6.23 below). Given the benefits of the scheme in improving sports facilities for the college and the community, and subject to the recommended conditions, the impact of the associated noise on surrounding residents is considered acceptable and to meet the requirements of Policies D1 and EN15 of the Local Plan.

6.21 In making a decision, Members should take account of any implications that may

arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as Devon County Council to act in a manner which is incompatible with the European Convention on Human Rights. In particular, Article 8 refers to the “right to respect for private and family life”. Some local residents have indicated their

concern that there might be substantial disruption to a normal and peaceful family life for local residents. It is considered that provided planning consent is subject to the proposed conditions in Appendix II, there would not be a breach Article 8 of the convention, as these conditions would adequately address the impacts from noise and floodlighting.

Management of Users

6.22 Users of the pitch would make use of changing and toilet facilities at the college. The

applicant has confirmed that pitch user groups would be required to adhere by a rigorous ‘code of conduct’. Axminster Town Council has requested further details of this, including the consequences if the code is not observed. A planning condition could be imposed requiring the submission, approval and implementation of a code of conduct.

6.23 As recommended by Sport England, a planning condition could be imposed requiring

submission of the Community Use Agreement for approval. This could specify details relating to the pricing policy, hours of use, access by non-school users, management responsibilities and a mechanism for review. The applicant intends to establish a partnership forum with local residents to allow frequent discussion of issues. The agreement could also include details of the proposed partnership forum and the code of conduct.

6.24 Some local residents have raised concerns about anti-social behaviour and security

issues associated with use of the pitch. It is considered that the Community Use Agreement, the code of conduct and the partnership forum would provide adequate means of managing and resolving any issues, in accordance with Policies D1 and RE1 of the East Devon Local Plan.

Overall Sustainability Considerations

6.25 The proposed scheme would make an important contribution to the health and well-

being of the local community by providing increased opportunities for participating in sport in Axminster. The National Planning Policy Framework states that the planning system plays an important role in facilitating social interaction and creating healthy, inclusive communities.

7. Reasons for Recommendation/Alternatives Options Considered 7.1 The Committee has the option of approving, deferring or refusing this planning

application. 7.2 In conclusion, it is considered that the provision of a floodlit artificial grass pitch

provides important benefits to the college and the local community through the provision of improved sports facilities. The highways impact of the scheme would be minimal, and the impacts on nature conservation interests and trees can be adequately mitigated by a range of planning conditions. It is recognised that the floodlighting and noise associated with the pitch would have an impact on nearby residents. However, it is considered that the benefits of the scheme outweigh these impacts on residential amenity and that any impacts can be appropriately managed through planning conditions. It is therefore recommended that conditional planning permission is granted.

Dave Black

Head of Planning, Transportation and Environment

Electoral Division: Axminster Local Government Act 1972: List of Background Papers Contact for enquiries: Nicola Wilson Room No: AB2, County Hall Tel No: 01392 382113

Background Paper Date File Ref.

Casework File 10.06.13 DCC/3507/2013

nw210813mda sc/cr/floodlit artificial grass pitch axe valley cc 04 hq 090913

Appendix I To PTE/13/82

Planning Policy Considerations National Planning Policy Framework (March 2012) East Devon Local Plan 1995 - 2011 (Adopted July 2006): Policies D01 (Design and Local Distinctiveness); D04 (Landscape Requirements); D05 (Trees on Development Sites); EN06 (Wildlife Habitats and Features); EN15 (Control of Pollution); RE01 (Retention of Land for Sport and Recreation); RE02 (Open Space, Sports Facilities and Parks); S04ED (Development Within Built-up Area Boundaries); and TA07 (Adequacy of Road Network and Site Access).

Appendix II To PTE/13/82

Proposed Planning Conditions Construction of a floodlit artificial grass pitch with associated fencing and car parking Axe Valley Community College, Chard Street, Axminster, EX13 5EA Devon County Council Ref. DCC/3507/2013 Proposed conditions to be applied to the planning permission (if approved). Any minor amendments to these conditions are to be made in agreement with the Chairman and Vice-Chairman of the Development Management Committee and the Local Member. STANDARD COMMENCEMENT 1. The development shall commence within three years of the date of this permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990. DEVELOPMENT IN ACCORDANCE WITH PLANS 2. Except as varied by the planning conditions below, the development shall be carried

out in strict accordance with the details shown on the approved drawings and documents numbered/titled ***:

TBC REASON: To ensure that the development is carried out in accordance with the

approved details and that it is fit for purpose, subject to high quality design standards and sustainable, in accordance with Policies S4 and D1 of the East Devon Local Plan 2006.

CONDITIONS (PRE-COMMENCEMENT) 3. Before development commences, a Landscape and Ecological Mitigation Plan

(LEMP) shall be submitted to and approved in writing by the County Planning Authority. The LEMP shall provide details of the proposed landscaping relating to bat activity (dispersal and feeding) as recommended in Section 7 of the Preliminary Ecological Assessment (survey date 13/5/13) and Section 6 of the Ecological Survey Report (survey date 18/7/13). The LEMP shall: a. include method statements for planting methods, maintenance and

management where required, along with a timetable/schedule b. include an annotated map(s) illustrating the measures c. provide details of tree and/or hedgerow planting along the central hedgebank

and how it will be implemented, maintained and managed post-development. d. provide details of additional hedgerow and/or tree planting along other playing

field boundaries and how it will be implemented, maintained and managed post-development.

e. provide details of proposed management of other hedges to allow vegetation to attain a minimum 2 metres height.

Planting shall be of native species of local provenance and maintained for a minimum

of five years following completion of construction. The development shall be implemented in accordance with the approved LEMP. All landscaping shall be completed by the end of the first planting season following the completion of the construction works.

REASON: To ensure that habitats are enhanced and managed to facilitate bat

dispersal and foraging, in accordance with Policies S4, D1, D4 and EN6 of the East Devon Local Plan 2006.

4. Prior to commencement of use, a Community Use Agreement shall be submitted to

and approved in writing by the County Planning Authority. The Agreement shall include details of:

a. pricing policy b. hours of use (including for floodlighting and locking the pitch) c. access by non-school users/non-members

d. the Code of Conduct for user groups, including the consequences if it is not observed

e. management responsibilities f. the Partnership Forum g. mechanisms for reviewing the agreement The facility shall not be used at any time other than in strict compliance with the

approved agreement. REASON: To secure well-managed, safe community access to the sports facility and

to ensure sufficient benefit to the development of sport, in accordance with Policies D1 and RE1 of the East Devon Local Plan 2006.

5. The developer shall notify the County Planning Authority in writing within seven days

of the commencement of, and the completion of, the development. REASON: To enable the Planning Authority to maintain adequate monitoring and

control of the development in accordance with S4 and D1 of the East Devon Local Plan 2006.

CONDITIONS (DURING CONSTRUCTION) 6. The floodlighting shall be designed, located, installed and operated in such a way

that the lateral and upwards light overspill is minimised in accordance with the submitted 'Further Design Detail' and Lighting Assessment dated 07.03.2013. No light bulb shall be located or installed so that it is in the direct line of sight of any window in any nearby residential property.

REASON: To protect the amenity of local residents, in accordance with Policies D1

and EN15 of the East Devon Local Plan 2006. 7. Development shall be carried out in accordance with the actions relating to protecting

reptiles set out in Section 7 of the Preliminary Ecological Assessment (survey date 13/5/13).

Reason: To ensure that reptiles are conserved and relevant legislation complied

with, in accordance with Policies S4 and EN6 of the East Devon Local Plan 2006. 8. No vegetation clearance shall take place during the bird nesting season (1 March to

31 August inclusive) unless the developer has been advised by a suitably qualified ecologist that the clearance will not disturb nesting birds and a record of this kept. Checks should be carried out prior, and as close as possible, to works commencing to ensure that no birds take up residence in the intervening period.

Reason: To minimise impacts on birds, in accordance with Policies S4 and EN6 with the East Devon Local Plan 2006.

9. Only trees T2, T8 and T9 shall be removed, as identified on approved drawing SP0R

- 130516.1 TSP. All other trees within and surrounding the playing fields shall be retained and protected in accordance with the recommendations in the submitted Arboricultural Report dated May 2013.

REASON: To conserve the biodiversity and character of the site and to protect the

amenity of local residents, in accordance with Policies S4, D1 and D5 of the East Devon Local Plan 2006.

10. During construction, operations shall be carried out in accordance with the details in

the email submitted by Bob Scrivener on 22 April 2013. REASON: To protect the amenity of local residents and minimise the impact on the

local highway network, in accordance with Policies D1 of the East Devon Local Plan 2006.

CONDITIONS (OPERATIONAL) 11. The pitch and the floodlighting shall only be used between 08.00 and 21.30 on

Mondays to Fridays, between 09.00 and 17.30 on Saturdays, and between 09.30 and 19.30 on Sundays and Public Holidays.

The access gates to the pitch shall be locked within 15 minutes of the last use of the

day and shall be kept locked when the pitch is not in use. REASON: To protect the amenity of local residents, in accordance with Policies D1

and EN15 of the East Devon Local Plan 2006.