Application Decision

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1 Application Decision By Gina Warman Appointed by the Secretary of State for Environment, Food and Rural Affairs The Planning Inspectorate Common Land Casework Team 4/05 Kite Wing Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN commonlandcasework@planninginspectorate.gsi.gov.uk Decision date: 21 April 2010 Application Ref: COM 122 Effingham Common, Guildford, Surrey Register Unit: No.CL24 Registration Authority: Surrey County Council The application, dated 22 October 2009, is made under section 38 of the Commons Act 2006 (the 2006 Act) for consent to construct works on common land. The works comprise: the erection of dual lane cricket training nets covering an area of 134 square metres and including two all weather cricket surfaces. Summary of Decision: The application is granted, in the terms set out below in the Formal Decision. Preliminary Matters 1. Section 38 of the 2006 Act provides that a person may apply for consent to carry out restricted works on land registered as common land under the Commons Registration Act Restricted works are any that prevent or impede access to or over the land. They include fencing, buildings, structures, ditches, trenches, embankments and other works, where the effect of those works is to prevent or impede access. They also include, in every case, new solid surfaces. 2. The application is made by Dr Andrew Mead, Chairman of Effingham Cricket Club (the Club), Forest Holt, Forest Road, Effingham Surrey KT24 5HL. The freehold of the land which is subject to this application is held by Effingham Parish Council as Custodian Trustee of the King George V Playing Fields and Charity. 3. Effingham Common, which is approximately hectares in area, is registered as common land (CL 24) under the Commons Registration Act Rights of common of grazing, herbage and pasture are registered in respect of the land. The applicant advised that these rights were not being exercised. Several rights of access across the common to domestic properties, including a number from Effingham Common Road, are also registered. The common is contiguous with a strip of land leading from Effingham Common to Bank s Common, registered as common land unit CL 60, part of Bank s Common registered as common land unit CL 438, and Little Bookham Common and Wastes (CL 259).

2 4. The proposed works comprise the removal of existing cricket net frames and the replacement and repositioning of 2 cricket nets and frames, together with 2 all weather cricket surfaces in accordance with planning permission 09/P/01161 granted by Guildford Borough Council on 23 September The replacement nets are to be constructed using tubular steel framework and polypropylene netting to be coloured in green or black. The proposed nets would be placed side by side, individually measuring 18.5m lengthwise, 3.66m width wise and 3.658m in height. The all weather surface material will be covered with a Woburn synthetic turf on a concrete base. Photographic evidence of the current nets submitted by the applicant indicates the presence of an existing hard surface. 5. Consent for the works is being sought on a permanent basis. 6. The application has been determined solely on the basis of written evidence. Reasons 7. The works are to upgrade and improve the facilities for training which are an important aspect of ensuring the vitality and viability of the Club and its ability to attract members, in particular junior members. This would help to ensure the continuation of the holding of cricket upon the common, in respect of which it had been used for over 100 years and continuously for over 50 years. There was a serious danger of the Club no longer being able to function financially without the ability to attract new members, and this would have a demonstrable adverse effect upon the maintenance of the common as a cricket ground going forward, and on the village of Effingham itself. 8. The applicant s assessment was that the existing nets required replacing, being old, of poor quality and beyond economic repair. It was considered that merely re-siting the new nets on the exact position of the old nets would not be appropriate due to levels and more economic use of the land. The proposed replacement nets are sited within the immediate locality of the old nets, but effectively turned 90 degrees. 9. The applicant considered it important in this day and age for safe training wickets to be provided to members, in particular junior members. Training wickets are used far more than an ordinary wicket on a cricket square, and deteriorate through over use. It was therefore of vital importance, in order to maintain a safe environment in which members and colt members could train, that an all-weather facility/wicket be provided. To have a natural wicket in what is a poor draining area of the common would not achieve the objective of enabling cricket training to occur on those wickets throughout the season, and these would also very quickly become unsafe, inconsistent and unreliable. Safety was key in promoting cricket, in particular with young junior members. 10. There were no options involving less works on common land, or indeed, no works on common land. The Club was sited exclusively and entirely on common land, and the training area of the existing nets were also on common land. There was no alternative land available within the proximity of the Club to provide an all-weather wicket surface which was not common land. 2

3 11. Effingham Parish Council wrote to the Club on 3 June 2009 to express support for the investment of facilities at the ground, to assist the Club in attracting new members and to encourage the continuing future success of the Club. 12. I am required by section 39 of the 2006 Act to have regard to the following in determining this application; (a) (b) the interests of persons having rights in relation to, or occupying, the land (and in particular persons exercising rights of common over it); the interests of the neighbourhood; (c) the public interest; 1 (d) any other matter considered to be relevant. 13. I will also have regard to Defra s Common Land Consents Policy Guidance 2, which has been published for the guidance of both the Planning Inspectorate and applicants. Written representations 14. In response to the advertisement of and consultations about the application 3, the Inspectorate received one objection from the Open Spaces Society (the Society). 15. The Society advised that it objected to the application because; the common had been designated as a Suitable Alternative Natural Green Space (SANG) by Guildford Borough Council, and it was therefore designated as land to mitigate against proposed development which would affect other areas of open space. Thus it was more important than ever that this land was maintained in its natural state and not used for other purposes; the Society submitted that the Club must find other land for the purpose of upgrading and improving facilities for cricket training and not use common land, and; the proposals would have an adverse effect on public enjoyment of the land and on its natural landscape qualities. 16. In response, the applicant considered that: the proposals merely sought to replace two existing nets which had come into disrepair, and were unsightly and dangerous; 1 Section 39(2) of the 2006 Act provides that the public interest includes the public interest in; nature conservation; the conservation of the landscape; the protection of public rights of access to any area of land; and the protection of archaeological remains and features of historic interest. 2 Defra, Common Land Consents Policy Guidance July A public notice for the application appeared in the 30 October 2009 edition of the Surrey Advertiser and was publicly displayed at Effingham Cricket Club Pavilion, Effingham Common Road, Effingham for the statutory 28 day period. Consultation letters were sent to interested parties as required, including registered commoners, neighbouring properties on Effingham Common Road, the freeholders of the land, Guildford Borough Council, Surrey County Council, English Heritage, Natural England and the Open Spaces Society. 3

4 the provision of new nets in close proximity to each other would not in fact reduce in efficiency terms the extent of land required for practice areas than that which currently existed; the proposals would ensure the continued use of the common land (of which the Cricket Field and Cricket Square formed part) by numerous villagers, parents and players in the Summer which was an integral part of village life within Effingham; planning permission had been granted and supported by Guildford Borough Council, notwithstanding that they were aware of the common land status of the area, and had been fully supported by Effingham Parish Council, who were particularly concerned to ensure the vitality of the Club and the common land, so as to ensure the two could co-exist in unison with the mutual benefits that would accrue to the community in both respects, and; the proposals would not have an adverse effect on the public enjoyment of the land, and indeed, would enhance the use of the land which, whilst forming part of the common land, was a cricket field and had been maintained and used as such for well in excess of 100 years. 17. In response to the applicant s first statement, the Open Spaces Society advised that while it noted that the nets and surfacing were not a major intrusion, the point made in their first objection still applied, that the common had been designated as a SANG with the emphasis being on natural and the nets and surfacing suburbanised and formalised it. 18. The applicant responded to the Open Spaces Society s second letter of objection by stating that; the proposed replacement of the nets with new nets had planning approval, which was supported by Guildford Borough Council, Effingham Parish Council and Surrey County Council in the knowledge that this land was common land; a site visit had been held with Surrey County Council to ensure that the configuration and placement of the replacement nets were in a manner which ensured the continued public enjoyment of this land, with particular reference to rights of way; the cricket ground remained open land, and had done so for 150 years. It had never been maintained in its natural state, and had for 150 years been maintained as a cricket ground; erecting replacement nets would not have an adverse effect on public enjoyment of the land. It would not affect means of access over this land. Indeed, the nets had to be tied up when not in use (to avoid rotting) and would not cause obstruction to any person wishing to have access over the same; the nets in question were to replace existing facilities which were of poor quality, unsightly and had an adverse impact on visual amenity; the failure to grant consent to this application would be likely to impact upon the Club s viability, which would then lead to other buildings such as the pavilion and garage falling into complete disrepair, becoming unsightly and 4

5 unmanageable. The public's enjoyment of the land would not be improved or increased by such a proposition; the Club was an intrinsic part of village life and was run by local villagers, who volunteered all their work to ensure that this part of the common was maintained as a cricket ground, in what was a beautiful setting, and; the cricket ground formed only a minor part of Effingham Common, which was maintained in its natural state. 19. A letter of support for the application was also received from Mr Brian Hendry, Chairman of the Friends of Effingham Common (the Friends). Mr Hendry advised that; the Friends did not support the comments of the Society; the cricket pitch was part of the common, was part of the public s image of the common and was a very much cherished part of the local environment; the village cricket pitch had been there for more than 100 years and was anything but a suburbanisation of the common. It was part of the nature of this countryside place and was an intrinsic part of its identity; it was important that the parts of the countryside that were associated with human activities were carefully controlled but also that they were supported and encouraged so that the countryside remained complex and diverse, otherwise it would no longer be a sustainable place in terms of our society. Assessment Interests of those occupying or having rights over the land 20. It is noted that; the freeholders of the land are in support of the application, and no evidence has been submitted to suggest that the proposals would adversely affect their ability to exercise their rights; there is no evidence to suggest that the proposed works would have an adverse effect on the exercise of common rights or on those with rights of access across the land. The netting itself would be tied up when not in use and it would therefore be possible to walk through the frames across the nets. Interests of the Neighbourhood 21. It is noted that; the application proposes the re-siting and expansion of the existing nets and surfacing at effectively 90 degrees to the current location. The footprint of the nets and surfacing would include an additional area of the common; paragraph of Defra s guidance 2 identifies that the interests of the neighbourhood can include consideration as to whether the construction of the 5

6 works mean that local people will be prevented from using the common or green in the way they are used to; however, whilst the presence of the nets and surfacing in the new location would prevent certain uses of that section of common, given the presence of existing nets similar in principle, if lesser in size, it is considered that the nature of the proposals would not prevent local people from using the common in the general manner they were used to; the proposals would also benefit the neighbourhood positively through the provision of enhanced facilities for a local organised recreational activity which had taken place for some time on this area of the common. Public Interest 22. It is noted that; the effect of the proposals would apply equally to the wider public as it would to the immediate neighbourhood. The nature of the proposals, and the netting being tied up when not in use, would mean that continued access for all users of the common would be maintained; paragraph of Defra s guidance 2 identifies that the adverse effect on the enjoyment of the remaining part of the common, such as spoiling the view, can be a consideration; the proposals involve a greater area of frame and surfacing than that currently present, and would be at 90 degrees to the situation of the existing nets. In terms of scale and orientation the proposals would therefore have a greater impact on visual amenity than the existing nets; however, due to the not dissimilar principle of their design and appearance, the increased impact on visual amenity from scale and orientation would not be so great as to justify withholding consent on that basis alone; the replacement of nets which currently had an adverse effect on visual amenity due to their condition, with new equipment and surfacing, would represent an improvement in visual amenity; the presence of proximate existing trees would also help to diffuse the visual impact of the proposed works from certain vantage points and perspectives, and; there are no apparent archaeological remains or features of historic interest to be affected by the proposals. Other relevant matters 23. There are no other relevant matters to consider. Conclusion 6

7 24. Having regard to the interests set out in paragraph 12 above, the conclusion reached is that the works will not adversely affect those interests, and that it is expedient that consent should be given. Formal Decision 25. Accordingly, in exercise of the powers conferred by section 38 of the 2006 Act, and of all other enabling powers, consent is hereby given to the works described. For the purposes of identification only, the location of the works is outlined on the attached plan. Gina Warman 7

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