Development Control Committee 12 March, 2015 WD/D/14/ ITEM NUMBER 2. Proposal: Wheeled Sports Park and Associated Landscaping

Transcription

1 Development Control Committee 12 March, 2015 WD/D/14/ ITEM NUMBER 2 Application Number: WD/D/14/ Full Registration Date: 17 September, 2014 Application Site: CAR PARK, CHARMOUTH ROAD, LYME REGIS Proposal: Wheeled Sports Park and Associated Landscaping Applicant: Lyme Regis Town Council Ward Members: Cllr G Symonds, Cllr D Turner Case Officer: Debbie Redding 1. Summary Recommendation 1.1 Grant subject to conditions 2. Description of development 2.1 The application site is located in the north east corner of Charmouth Road car park. To the east are allotments and to the north and embankment beyond which is a sport field use by the football club. The area has until recently been occupied by the compound for coast protection works in the area and has now reverted to car parking. 2.2 The application seeks to create a Wheeled Sports park which includes ramps, banks, steps and rails. The main skating surface would be polished concrete with a tarmac apron. The skate park would be enclosed with galvanised steel fencing plus a grass bank and an acoustic barrier on the south and west boundaries. The acoustic barrier would be constructed of a block-work with a variety of facing materials of timber, render and reconstituted stone. The fenced area would measure 29 x 22.5 meters with the internal riding surface being 27 x 18.6 metres. 2.3 The application includes a ground stability assessment, design and access statement and a noise survey and impact report. 2.4 Entrance gates to the park would be in the north west and south east corners although the main entrance would be to the north west connecting to a footpath along the northern boundary on the car park to Charmouth Road. The existing access to the allotments would be retained in the corner of the car park. The applicants have noted that the site is well served by public transport and being on the edge of the town means visitor arriving by car do not have to drive through the town centre but can readily access the town. This is particularly so now that the new footpath link from the car park to the beach and town has been recently opened.

2 2.5 The applicants have clarified that the use of the skate park would be limited to daylight hours only and that no lighting is proposed 3. Main planning issues Principle Highway safety Safety and crime prevention Amenity Land Stability 4. Statutory Consultations Parish/Town Council 4.1 As the applicant in this instance, the Town Council viewed it as inappropriate to comment on the application Highway Authority 4.2 No Objection no highway comment 5. Other consultations 5.1 Environmental Health Consideration should be given to hours that the facility is open, possible bunding or screening, and if lighting is to be used when it will be turned off. There are no concerns regarding the historical contaminative uses of the land as the intention is to concrete the surfaces etc. However I would recommend the unexpected contamination condition as it lies within a buffer zone for a potentially high risk land fill site. Noise assessment The report uses BS4142, WHO Guidelines on Community Noise, and the Clay Target Shooting noise COP to assess the impact of skate park noise in the absence of specific guidance. It recognises the nearest residential property as being 108m from the source of noise. It considers traversing as well as impact noise from the use of boards, blades and scooters on the proposed surface of the park and the street scene equipment. The noise data collected and assessed indicates that noise from the skate park is not likely to cause complaint if certain mitigation measures are included on the build of the park namely an earth bund or solid fence of 1.8m to the southern and western sides of the Park. This will need to be incorporated in any decision notice. I am satisfied with the content of the report and the proposal to incorporate a bund/fence however this must be of suitable construction and density to absorb and reflect noise from the park. Further information is likely to be required to ensure that this is fulfilled. What it does not cover is the noise associated by skate park user s movement from Charmouth Road to the Skate Park site across the car park. I appreciate this may well be outside of the scope of planning permission however consideration should be given to how this might be mitigated, to reduce amenity loss to the residential properties mentioned in the report when the users will be closer to them Amended plans I have no additional comments to make

3 5.2 Technical Services The car park layout, proposed as part of the coast protection scheme reinstatement work, is compatible with the skate park proposals. There are two manholes on ground/surface water drains within the skate park area. Measures to accommodate these need to be agreed before the start of construction. The location of the skate park should be moved approximately 5 metres to the south, to make space for vehicle access and parking for the allotments. This would also reduce the risk of damage to the skate park by ground movement, apparent along the boundary with the football club. 5.3 Crime prevention and design advisor Having had a look at the numerous comments on the website and the plans for the park I can see that there is need for a skate park in Lyme Regis. It is also important as it gives the local youths somewhere to go and gives them a focus. This park will hopefully be used for many years to come and from a "designing out crime" point of view we need to get it right now. The skate park needs to be in the right location and from looking at the plans I do not feel that it is. I see it is situated at the furthest end of the car park and not over looked [clear view] by any houses and most concerning it is surrounded by a 2m high acoustic wall/fence that does not allow anyone to see into the skate park. Ideally the park needs to be located nearer to the road where there is constant "natural surveillance" from passing traffic and in clear view of the houses opposite. I am also very concerned regarding the proposed web cam that overlooks the park. I would strongly object to the use of this web cam as I believe this may breach local authority data protection laws with unauthorised surveillance and may place the youths at risk as you will not know who is looking at the camera. CCTV would be a good option but this would be subject to good lighting and picture quality. I would also like to see the skate park lit so that the local youths have somewhere safe to skate and to meet their friends. The lighting could be set on a timer so as not to cause issues with the local residents. To help reduce maintenance costs may I suggest that you plant some aggressive plants such as pyracantha on any grass banks. This will help to stop the youths climbing the bank to graffiti the wall and also stop the youths using the bank as an extra ramp. Although I would not object to the skate park I do have strong concerns in relation to the safety of the youths using the park as there will be no natural surveillance into the park as it is surrounded by a 2m high fence/wall, the park is at the furthest end of the car park and it is not lit. I also feel that the park will be under used in the autumn and winter due to these factors and may attract anti social behaviour. In response to the amended plans the following comment has been received:- I have looked at the amended plans and can say that this design is better than before as it does offer some surveillance into the skate park. Ideally, the skate park would not have the 1.8m acoustic screen which would then offer full surveillance into the park.

4 5.4 Building Control The site is located within Zone 3: Areas in which slope instability & / or coastal erosion is likely to impose considerable constraints on development. Should development be considered, it will need to be preceded by a detailed ground investigation, geotechnical appraisal & / or monitoring prior to any planning application. As a result of ground instability, soakaways are not suitable for RW drainage in any zone. Appraisal Comments The proposed development appears to be located in very close proximity to Phase IV of the Lyme Regis Coast Protection Scheme. I refer in particular to the cut-off drains. It is critical that the development does not compromise or conflict with the proposed WDDC's capital scheme and that drainage from the skateboard park is appropriately discharged from the site. Consultation with WDDC Asset & Infrastructure may determine if it is possible to use the Coast Protection Scheme's drainage system. Otherwise another existing piped disposal system will need to be located and considered. 6. Other representations representations have been received in response to this application which includes 12 objectors, 64 supporters and 5 comments. Some have written more than once so that a total of 92 responses have been received. Copies of the letters of representation are available to view on the website Supporting comments make the following points and have been received from parents, children, young people, teachers, Bridport youth centre and includes a petition of 30 teenagers from Lyme Regis Skate Forum. A much needed facility for visitors and residents, long overdue, waited years Good location - away from residents, on bus route, adjacent to other leisure activities (football and allotments) and existing road and car park noise Safer than seafront, Marine parade is not an alternative Good design, will be well used, people will travel to use it Provide active sport and opportunity for young people- of social benefit providing self improvement and social interaction Safe and fun, not drug related, anti social behaviour is rare at skate parks, could reduce crime A community facility, would be an asset to the town for many years 6.3 Objectors have raised the following concerns Too close to residential properties noise, lighting Noise report and mitigation inadequate and inaccurate Danger to users - main road and conflict in car park Anti social behaviour, security Lack of consultation Isolated location, AONB and World Heritage Site Instability of land and drainage Lack of toilets in winter Loss of car parking

5 7. Human Rights 7.1 Article 6 - Right to a fair trial. 7.2 Article 8 - Right to respect for private and family life and home. 7.3 The first protocol of Article 1 Protection of property 8. Relevant Planning History None 9. The Development Plan The West Dorset District Local Plan (adopted July 2006) SS1 Development within the towns and rural areas C5 New local community facilities TRAN 5 Parking provision DA6 Privacy daylight and general amenity DA7 Detailed design and materials AH8a Development with potential to generate noise, vibration or unpleasant emissions AH5 Slope instability AH6 Development on contaminated land The West Dorset, Weymouth and Portland Draft Local Plan Paragraph 216 of the NPPF states that: From the day of publication [of the NPPF], decision-takers may also give weight (unless other material considerations indicate otherwise) to relevant policies in emerging plans according to: the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given); the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given). Now that the consultation on the pre-submission draft Local Plan has closed, and the extent of objections is known, we can start to apply varying degrees of weight to our emerging policies in accordance with the NPPF guidance. As far as this application is concerned the following policies are considered to be relevant. INT1 ENV1 ENV7 ENV9 ENV10 ENV16 SUS2 COM4 COM9 Presumption in favour of sustainable development Landscape seascape and sites of geological interest Coastal erosion and land instability Pollution and contaminated land The landscape and townscape setting Amenity Distribution of development New or improved local recreational facilities Parking standards in new development 10. Supplementary planning documents not applicable 11. Supplementary planning guidance not applicable

6 12. Other Material Planning Considerations 12.1 National Planning Policy Framework (NPPF) The following sections and paragraphs of the NPPF are relevant: Section 7 - Requiring good design Section 8 Promoting healthy communities Section 11 - Conserving and enhancing the natural environment Paragraphs 186 and 187 of the NPPF require that: 186. Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision-taking and plan-making should be seamless, translating plans into high quality development on the ground Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area Conservation Area Appraisals not applicable 13. Planning issues 13.1 Principle The site lies within the Defined Development Boundary and the Area of Outstanding Natural Beauty. Planning policy would generally support development within the town of Lyme Regis and being within the built up area and existing car park, the proposal would not be considered to be harmful to the wider quality of the landscape or AONB. More specifically new community and recreational facilities would be supported in this location as being well located and accessible to its users. It is not considered to be likely to generate significant single purpose trips by private car and would not undermine the viability of other nearby facilities Highway safety The site is accessible from the main Charmouth Road which is the main access into Lyme Regis. At this point the road is wide with footways and a footpath link from the road to the skate park is proposed. Public parking is available to serve the skate park. Access to the skate park is considered to be acceptable and no objection is raised by the Highway Authority. Although concern has been raised in representations; responsibility regarding the use and crossing of the main road should rest with users and for younger children with their parents. The provision of adequate footways ensures that a safe route is available Safety and crime prevention The concerns of the police crime prevention and safety advisor are noted above and in particular relate to the location of the skate park and availability of natural surveillance.

7 The provision of a high fence/barrier around the site is of particular concern and in response to this the applicants have reduced the extent of the solid fencing to the south west corner of the site so as to leave the north, east and part of the west boundaries open. In particular the applicants have commented that the acoustic barrier has been designed to eliminate spaces for people to congregate behind it unseen by passers-by and it leaves the key social area at the top of the site open to public view. There is also comment from the crime prevention and safety advisor regarding the use of web cams and if this is appropriate; but that CCTV could be more effective. This provision could be controlled by condition. Lighting of the skate park could be of benefit to security and surveillance but in response to this the applicant s have commented that the park will only be used in daylight hours and again this can be controlled by condition. Finally planting on the bank could prevent any social behaviour and could also be required by condition. Discussions have taken place during the course of the application including local police officers and support to the proposal has been expressed by them Amenity The key concern here is potential noise nuisance to the nearest residential properties and to deal with this a noise report has been submitted by the applicants and this has been considered by our environmental health officer. Measurements were taken over an extended weekend period from a location in the car park close to the nearest residential property (approx 25m north of the property). Recognised methods were used and as no specific guidelines are available relating to skate parks British Standards relating to industrial noise, World Health Organisation Guidelines on Community noise were used and impact noise compared to gun shot noise at distance. The report notes the distance to the nearest property as being approximately 108 metres, this is clarified as being the distance from the centre of the skate park - the distance from the boundary of the skate park is 81metres. The conclusion of the report was that the noise impact of the skate park would be significant and likely to cause annoyance. But that with the inclusion of noise mitigation measures - including an earth bund and fence of around 1.8m in height to the south and west sides of the park complaints and annoyance would be unlikely. No mitigation is required to the other sides as the properties are sufficiently far away for there to be any significant impact. It is noted above that our environmental health officer is content with the report and proposed mitigation. It should be noted that the amended plans reduce the extent of the acoustic fence on the western boundary but it is retained on the south west corner and southern boundary facing towards the nearest residential property. Our environmental health officer raises no further concern with the amended plans.

8 13.5 Land Stability The ground stability assessment submitted with the application comments that the proposal does not include any excavations into the embankment, excavations on site are less than 1m and filled areas are no more than 2m in height over a width of less than 5m. Taking this in to account and recent stabilization and drainage works undertaken the proposal is unlikely to affect the stability of the site or surrounding area 14. Summary 14.1 The strong community desire for a skate park in Lyme Regis is accepted and has been promoted by the Town Council for many years. There is considerable support by the local community with the most difficult aspect being the search for a suitable site. This site is now proposed and whilst other sites could be suggested, must be considered on its merits. The location is accessible within the town and has public transport and parking available. The design is attractive and suitable in this location. The key areas of concern are the safety and security of users and the noise impact on nearby residents. These issues are to some extent in conflict and therefore a balance and consideration of some compromise is required The location is to the rear of the car park where natural surveillance is somewhat limited. However, users of the car park and the allotments will be able to view the skate park and this has been improved with the amended plans. The new footpath route to the beach and town also has the potential to increase use of the car park through out the year. The use of CCTV could further assist in providing surveillance of the skate park and could be linked with the CCTV coverage of the seafront already undertaken by the Town Council. The proposal is therefore considered to give reasonable surveillance and safety to users The noise assessment suggests that with adequate mitigation, noise nuisance should be avoided. The reduction in the acoustic barrier to the north west of the site is not considered to be significant as the south west corner would still be protected. Subject to the detail of the construction of the acoustic barrier which can be required by condition this is considered to be acceptable The loss of car parking space is not in his case considered to be a reason to refuse planning permission. The value of the car park spaces is a matter to be considered by the land owner in any lease or land transfer arrangement This proposal will provide a valuable community asset and recreational facility, the location and design are acceptable and the impact on residential amenity is not likely to be seriously detrimental. Whilst security and surveillance could perhaps be better in a different location; taking account of the support from local people and comments regarding crime prevention this proposal is considered to be acceptable.

9 15. Recommendation 15.1 Grant subject to conditions i. 3yrs ii. Plans list iii Details of construction of acoustic barrier iv. Hours of use daylight hours only v. No lighting unless agreed vi. Unexpected contamination vii. Drainage manhole detail viii. Planting of bank