Development Control Committee 14 August, 2014 WD/D/14/ ITEM NUMBER 5

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1 Development Control Committee 14 August, 2014 WD/D/14/ ITEM NUMBER 5 Application Number: WD/D/14/ Full Registration Date: 13 May, 2014 Application Site: DORCHESTER RUGBY FOOTBALL CLUB HEADQUARTERS, COBURG ROAD, DORCHESTER, DT1 2HX Proposal: Removal of 5no. existing 16metre high flood lighting columns to pitch 3; installation of 6no. 15metre high flood lighting columns and lamps to serve pitch 3; installation of 8no. 10metre high flood lighting columns to serve pitches 1 and 2, together with the installation of lamps to these columns and new lamps to be fitted to 4no. existing 10metre high columns. Applicant: DORCHESTER RFC Ward Members: Cllr T Jones, Cllr D Barrett Case Officer: Ann Collins The application is being brought to committee as a result of a local member call-in by Cllr D Barrett. 1. Summary Recommendation 1.1 Approve subject to conditions. 2. Description of development 2.1 This application relates to the Dorchester Rugby Football Club site off Coburg Road in Dorchester. The club has at its site two training pitches and a match pitch. There is also car parking and a club house. To the north of the site is in part an area of parking which appears to be used by those using the Dorchester Sports Centre and Thomas Hardye School, beyond that is Coburg Road and residential properties on the north side of this road. Also bounding part of the north side of the application site is Holmead Walk and a further parking area with properties lying to the north of the road. To the east of the application site is parking for the sports centre, the sports centre itself, its all weather pitches and part of the school playing field. To the south and east of the site is open land, including a play area and footpath linking down to Maiden Castle Road.

2 2.2 There are a number of elements to the proposal. The first is to remove 5 existing 16m high columns from pitch 3 (the match pitch), leaving only 1 16m high column to remain, as this column has telecommunications equipment. However the light from the column would be removed. The removed columns would be replaced by 6 new 15m high lighting columns with new lamps. The second element of the proposal is to remove two 10m high columns to the north of the clubhouse and four to the east of pitch 2 and erect 8 new 10m high columns with lamps. Four of these would be sited between pitches 1 and 2 and the other four to the east of pitch 2. There are already 4 no. 10m high columns to the west of pitch 1 and these would have replacement lamps fitted to them. 2.3 The applicant advises that the current lighting on site is approximately 25 years old and is inadequate in standard to meet health and safety requirements and RFU guidelines for safe training and matches during the winter months. The applicant also states that the proposed lighting system will provide a more energy efficient arrangement for the club's facilities and will provide lighting which is more directed onto the pitch surface, rather than across the sports field as the existing arrangement. The intention is that the proposed lighting would allow the club to use its existing facilities through the dark winter months between September and April during the hours of 4pm to 9.30pm Monday to Saturday when the pitches are currently unavailable for safe usage. 3. Main planning issues Impact on residential amenity Impact on visual amenity Highway safety 4. Statutory Consultations Town Council 4.1 No objection. Highway Authority 4.2 No objection. 5. Other consultations 5.1 None. 6. Other representations 6.1 Two letters of representation have been received raising the following points: - Hours of usage should be altered to hours and that the days it should be used be Tuesday - Saturday inclusive. - The situation should be reviewed in 12 months time to assess the impact it may have on residents who may be affected, Appreciate the cost of installing the lighting but one cannot assess the situation until one has experienced it first hand. - There is insufficient information to make a rational decision. - The new lighting may be intrusive. It may well also prolong the time of noise associated with the players and supporters.

3 6.2 Copies of the letters of representation are available to view on the website 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 App. No Type Proposal Decision Date Officer 1/E/78/ FUL Erect Floodlight to the main playing area A 13 June /E/90/ FUL Erect 6 floodlights on 15m poles A 18 June JG to first team pitch /E/98/ FUL Erect training lights on western A 08 July AM pitch /E/03/ (Appeal) TEL Replace existing floodlight tower with a 14.5m telecommunications tower with integral antennae, floodlight & ground based DIS 26 June 2001 ALC equipment cabinet 1/E/03/ TEL Replace existing floodlight tower with a 14.5m telecommunications tower with integral antennae, floodlight & ground based equipment cabinet 1/E/04/ TEL Erect 12m tower with 3No antennas, radio equipment cabinet and development ancillary thereto 1/E/05/ TEL Erect radio based station with 12.5m flagpole shrouding 3No 1.7m antenna, and radio equipment housing and ancillary development. Telecommunications Notification under Part 24 of The Town and Country Planning (General Permitted Development) Order 1995 (as amended). 1/E/06/ TEL Application for Prior Approval for the installation of a radio base station comprising a 12.5 metres high flagpole shrouding three 1.7 metres antenna at 10.8 metres, and radio equipment housing and development ancillary thereto 1/D/11/ FUL Retain 2 storage containers & site 2 additional containers 1/D/12/ FUL Single storey extensions on south elevation to provide en-suite facilities to existing changing rooms R A 23 June August 2004 W 13 December 2005 PARR 21 March 2006 R 17 February 2012 A 30 January 2013 ALC ALC KA KA AJ DH

4 1/D/12/ FUL install two storage containers - 20' x 8' (6.1m x 2.4m steel shipping containers) at the level of the lower southern pitch WD/D/14/ NOTS 9. The Development Plan Notification of installation of electronic communications apparatus/development ancillary to radio equipment housing on behalf of EE A 13 February 2013 AJ DH The West Dorset District Local Plan (adopted July 2006) SA3 Landscape Character Areas DA6 Privacy, Daylight and General Amenity DA8 Lighting Schemes AH14 Road Safety AH8a Development with Potential to Generate Pollution, Noise, Vibration or Unpleasant Emissions West Dorset, Weymouth and Portland Draft Local Plan - June 2012 pre-submission draft local plan submitted for examination, as proposed to be modified (June 2013) Para 216 of the NPPF states: From the day of publication, decision-takers may also give weight (unless other material considerations indicate otherwise) to relevant policies in emerging plan 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). The emerging local plan policies should therefore start to gain some weight as a material planning consideration as the local plan progresses towards adoption. The degree of weight given to each draft policy will vary, depending on whether or not the issue is contentious and to what extent it is consistent with the national planning policy framework. ENV1 Landscape, Seascape and Sites of Geological Interest ENV16 Amenity COM7 Creating a Safe and Efficient Transport Network 10. Other Material Planning Considerations 10.1 National Planning Policy Framework (NPPF) - Section 8 - Promoting Healthy Communities Section 11 - Conserving and Enhancing the Natural Environment

5 11. Planning issues 11.1 The main issues are the impact of the proposals on visual amenity and residential amenity. In the case of visual amenity the proposed flood lighting columns to pitch 3 (match pitch) would see the existing situation of 5 no. 16m high columns with lamps being replaced by 6 new 15m high columns with lamps. In addition one of the existing 16m high columns would remain as it has telecommunications equipment as part of it, but the lamp to this column would be removed. Overall therefore there would be no increase in the number of lamps lighting this pitch and whilst there are currently 6 columns and as a result of the proposals there would be 7 they would, all but the one existing column to be retained, be 1m shorter than the existing columns. There are already four 10m high columns to the west of pitch 1, these would be supplemented by a further four columns of the same height between pitches 1 and 2 and four replacement columns of the same height to the east of pitch 2. Two existing 10m high columns would be removed to the north of the club house. Overall the proposal would see an increase of 2 no. 10m high columns in this part of the site. Details of the lamps to be fitted to the columns have been submitted with the application and it is stated that the double asymmetric down-lighters would ensure much greater focus of light directly onto the pitch areas and consequently reduce unwanted spread of light beyond this The Council's landscape officer has commented on the proposals and states "The site lies on the sensitive edge of Dorchester, abutting open countryside and the AONB landscape. It is evident from the information contained within the application that measures are being proposed to minimise light spill from the new lighting columns. The data provided also shows that there would be minimal light spill beyond the confines of the pitches. This combined with the existing presence of large-scale lighting in this area is considered to result in no marked change to the character of the area. The lighting will be visible from the wider landscape during the hours of operation, though as in the current situation, this will be seen in context with the existing lighting at the sports centre, and the wider urban context of Dorchester. The timings set out in the application form suggest that the lights will only be operational between and If this can be controlled and enforced against to preclude operation beyond these periods, the impacts on the local landscape and wider AONB designation are considered to be acceptable." 11.3 It is considered that the proposed development given the existing presence of floodlight columns and lamps at the site, those that exist on adjacent land and having regard to the technical information submitted with the application and the comments of the landscape officer, that the development would have an acceptable impact on the visual amenity of the area The other determining issue is the impact of the proposals on the residential amenity of nearby dwellings. The closest dwellings are in Holmead Walk to the north of the site, but there are also properties a little further away in Holmead Square and Coburg Road. The nearest lighting columns to these properties are those to pitches 1 and 2, with four columns already existing to the west of pitch 1, four to the east of pitch 2 and two to the north of the clubhouse. Therefore are therefore already 10 lighting columns in this area. All but four of these would replaced as part of the proposal and in total there would be 12 columns and lights around pitches 1 and 2, compared to the existing 10.

6 11.5 The applicant has submitted technical information with the application which demonstrates that the proposals fall within guidance notes by the Institute of Lighting Professionals for the reduction of obtrusive light within low district brightness (rural) locations. The Council's environmental health officer has commented on the proposals and is satisfied that the lighting report supplied with the application aims to ensure that the installed lighting towers and lamps do not cause light spill or glare beyond the boundaries of the site for pitches 1 and 2. In respect of pitch 3 the officer considers that the lamps that face towards Holmead Walk and Coburg Road need to be installed to ensure that the faces do not cast light at 1st floor windows and therefore the angle of the lamps is important. The environmental health officer also recommends the installation of a fail safe switch to ensure pitch lighting is switched off The lighting scheme appears to be designed to ensure there is minimal impact on nearby residential properties. In addition to this the angle of the lamps can be conditioned, as can the use of fail safe measures and the times during which the lights can be operated in order to ensure residential amenity is safeguarded In terms of the impact on highway safety the highway authority have no objection either in terms of the impact of the lights themselves or in terms of the additional use and therefore potential traffic generated as a result of the lighting leading to an increase in the use of the pitches during the winter months A number of comments have been made by third parties and one of the local members. The applicants have stated that they wish to use the lighting in the months September - April during the hours hrs Monday to Saturday. Third parties and the local member have commented that they wish to see shorter hours of operation and have suggested Tuesday to Saturday or even hrs Monday to Friday. The lighting is intended to enable the club to use their facilities during the dark winter evenings and the hours put forward by the club do not seem unreasonable not least because there is no condition limiting the use of the existing lighting at the site and the lighting on the adjacent sports centre pitches operates beyond the times proposed by the rugby club. The limiting of the use of the lighting at the rugby club to the months, days of the week and hours put forward by the club would seem to be a potential improvement for nearby residents on the current situation where existing flood lighting could be used all year round, 7 days of the week and for 24 hours a day The local member suggests that the use of the lighting should be limited such that it can only be used for sporting purposes and for no other purpose including entertainment. The lighting is intended to light rugby pitches so it would be surprising if it were ever to be used for non-sporting purposes but a condition limiting its use can be attached given that the applicant's justification for the lighting is solely in respect of lighting sports training and matches.

7 11.10 Other issues raised by third parties and the local member include increased noise from players and supporters and the limiting of parking. There may be increased use of the pitches as a result of the replacement and additional lighting but with a condition limiting months, days and hours of operation of the lighting any increase activity and noise will be limited and would not take place on a Sunday or late into the evening. It should also be remembered that there is no condition limiting the use of the current lighting at the site. In respect of parking the highway authority has considered the issue of a potential increase in traffic as a result of an increase in use of the pitches but has no objection to the proposal. A condition limiting where users of the rugby club park would not meet the tests for planning conditions and at the very least would not be enforceable. If there is parking available on nearby public roads, without any restrictions, then those using the rugby club have as much right to use it as anybody else and there is no control that can be put on that by this application The local member has queried the impact of the lighting on the use by emergency services of the pitches for the landing of a helicopter. This is a private matter between the landowners who currently permit the helicopter to land and the services landing the helicopter and is not a material consideration in the determination of this application. The local member is seeking that control be established to ensure the lamps are regularly maintained and inspected and that a contact person be given so that possible causes for concern can be addressed. The lamp fixings must also be robust enough to cope with the wind. The ongoing inspection and maintenance of the lights is a private issue and not a material consideration in the determination of the application. The applicant has confirmed that the columns and bases will meet the appropriate British Standards for wind loading and structural steel A third party has suggested that the permission be for a temporary 12 month period in order to assess the impact of the lighting. It would not be reasonable given the cost that the applicant would be put to in terms of installing the lighting for this to be a temporary permission only. Given that it is considered that, subject to conditions, the impact on visual amenity, residential amenity and highway safety is acceptable it is also considered that notwithstanding that cost issue a temporary permission is not necessary. 12. Summary 12.1 It is considered that the proposed additional and replacement columns and lights, subject to conditions, would have an acceptable impact on the visual amenity of the area and the residential amenity of nearby dwellings. Furthermore it is considered that the development would have an acceptable impact on highway safety. Hence the development accords with the National Planning Policy Framework (2012), Policies SA3, DA6, DA8, AH14 and AH8a of the West Dorset District Local Plan (2006) and Policies ENV1, ENV16 and COM7 of the West Dorset, Weymouth and Portland Draft Local Plan.

8 13. Recommendation 13.1 Approve subject to the following conditions: i. Columns to be erected in accordance with the submitted drawings. ii. Lamps to be angled not more than 10% above the horizontal. iii. Lighting to be used for sporting activities only, including training and matches on pitches. iv. Lighting only to be used September -April, Monday - Saturday between the hours of and v. All existing columns shown on submitted plan as being removed shall be removed prior to first use of columns and lights hereby approved. vi. Details of fail safe measures to be submitted to ensure lighting is always turned off in accordance with above condition.