Agenda Item No.

Committee: / Regulatory
Planning Committee
Date: / 10 September 2008
Report by: / Director of Transport and Environment
Proposal: / Variation of Condition 3 of RR/2495/CC to permit use of Multi Use Games Area (MUGA) : Monday to Saturday during (i) Winter months 08:00 - 17:00 and (ii) Summer (BST) months 08:00 - 20:00. Use of MUGA for a maximum of 10 Sundays 08:00 - 17:00 per calendar year. No use of MUGA during official school summer holiday.
Site Address: / Sedlescombe C E Primary School, Brede Lane, Sedlescombe.
Applicant: / Children's Services
Application No. / RR/2718/CC
Key Issues: / Need
Impact on residential amenity
Traffic and highways matters

SUMMARY OF RECOMMENDATIONS

1. To grant planning permission subject to conditions

CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT

1. The Site and Surroundings

1.1 Sedlescombe C E Primary School is situated at the end of Gammons Way, south of Brede Lane. To the south and east of the School are agricultural fields and patches of woodland and to the north and west are detached residential properties. There is a public footpath that runs to the south of the School on lower ground heading in an east - west direction and Sedlescombe Conservation Area is to the west. Sedlescombe School is situated within the High Weald Area of Outstanding Natural Beauty (AONB). The sole vehicular and pedestrian access to the site is via Gammons Way, from the north-west corner of the school site.

1.2 The main school buildings are single storey with brown-coloured brick walls under low pitched tiled roofs. The School is situated on high ground that generally falls to the south-east, where the main school buildings and playground occupy the north-east corner of the site with a fenced outdoor swimming pool and cycle shelter situated adjacent to a copse of trees adjoining the western boundary. The multi use games area (MUGA), the subject of this application, is situated in the southern area of the site on relatively flat land. The School boundaries are marked by dense, mature hedges, trees and vegetation; alongside the western edge of the playing field are several recently planted trees.

2. The Proposal

2.1.  Planning permission was granted in 2006 (RR/2495/CC) for the construction of a Multi Use Games Area (MUGA) on the playing field at the Sedlescombe School. The MUGA comprised an all weather pitch (40m x 25 m) enclosed by 1.2 metres high kick board panels and mesh fencing standing 3 metres high and no floodlighting. Condition 3 of that permission restricted use of the facility, by the school, to the hours applied for in that planning application i.e. weekdays only between 08.00 and 16.45. In 2007 a temporary planning permission of 12 months was granted to vary these hours to permit use of the MUGA between Mondays to Saturdays during (i) Winter months between 08.00 and 17:00 and (ii) Summer months (BST) between 08.00 and 20.00, and for a maximum of 10 Sundays per year, between 08.00 and 17.00, but excluding official school summer holidays.

2.2. This proposal seeks the permanent use of the facility for the times specified above, primarily to allow use by the school during the school day, and to allow training, coaching and occasional matches for various children’s, youth and adult groups in Sedlescombe to take place outside school hours and at weekends. As part of the proposal the school car park and cycle storage facilities, in addition to the nearby public car park, will be made available to users of the facility.

3. Site History

3.1. 2007-Granted-RR/2589/CC. To vary condition 3 of permission RR/2495/CC to permit use of Multi Use Games Area (MUGA) : Monday to Saturday during (i) Winter months 08:00 - 17:00 and (ii) Summer (BST) months 08:00 - 20:00. Use of MUGA for a maximum of 10 Sundays 08:00 - 17:00 per calendar year. No use of MUGA during official school summer holiday.

3.2. 2006 - Granted - RR/2495/CC. Construction of fenced (3m high) multi-use games area on playing field.

3.3. 2006-Withdrawn-RR/2568/CC. Variation of condition 3 of permission RR/2495/CC to permit use of MUGA for 7 days per week (including public holidays) - winter months 08.00-17.00 and summer months (during BST) 08.00-20.00.

3.4. 2005 - Granted - RR/2376/CC. Phased extensions to form 2 classrooms, staffroom and special needs room with relocated playground and associated landscaping works.

3.5. 2004 - Granted - RR/2315/CC. Relocation of temporary classroom, ground works with associated hard standing, removal of 1 no. tree, new toilet unit.

3.6. 2002 - Granted - RR/2142/CC. Extension to school premises to create ICT suite for school and local community.

4. Consultations and Representations

4.1. Rother District Council – Raises no objection subject to the County Council considering the imposition of suitable conditions in order to protect the neighbouring residential amenities.

4.2. Sedlescombe Parish Council – Supports the granting of permanent approval in accordance with the submitted details. The Parish Council notes that the Rother District Council Sports Devlopment Officer would like to see more use of such facilities but the Parish Council consider that any extension of the use is not granted permanent approval.

4.3. Rother District Council Environmental Health,: Raises no objection on grounds that there have been no complaints about the use over last year with no involvement in any investigations/monitoring of the times of operation proposed.

4.4. Highway Authority – Confirm that they do not wish to restrict grant of consent subject to the school car park being made available to users of the games area, to eliminate the need for parking along Brede Lane.

4.5. Neighbours - 3 letters of objection have been received from local residents on the following grounds; a) increased traffic, b) illegal parking by parents, c) increased noise together with the recommendation that use of the MUGA should be limited to school week days only at the times stated and on Saturday’s between 08:00 to 13:00 at term times only in the winter months, with the use of the village sports field at the other times. At other times, at weekends, Sundays, public holidays and school holidays its use is considered unacceptable.

5. The Development Plan policies of relevance to this decision are:

5.1. East Sussex and Brighton & Hove Structure Plan 1991-2011: Policies EN1 (environment); EN2 (AONB), TR3 (traffic considerations) and S1 (b,c,d,j,s) (sustainability principles).

5.2. Rother District Local Plan 2006: Policies GD1 (v, viii) (new development); DS1 (development principles); DS3 (development boundaries) and CF1 (iii) (community facilities).

6. Considerations

Need

6.1 The MUGA at Sedlescombe School was originally provided to enhance the recreation facilities at the school on a year round basis for school pupils. The planning permission was implemented following its approval in 2006 with its use limited to between 8.00 and 16.45 hours Mondays to Fridays, with no use at other times. Subsequently, an extension to its use was sought to enable training and coaching for various children’s, youth and adult groups, including occasional matches outside school hours and at weekends by a local junior football team. According to the applicant the local village sports pitch becomes easily waterlogged and unusable during winter months, thus its regular use cannot be guaranteed.

6.2 The following variation to this site control was agreed, which because of the location of the site, was considered appropriate to grant only for a temporary one year period to assess any impacts or complaints. “To vary condition 3 of permission RR/2495/CC to permit use of Multi Use Games Area (MUGA) : Monday to Saturday during (i) Winter months 08:00 - 17:00 and (ii) Summer (BST) months 08:00 - 20:00. Use of MUGA for a maximum of 10 Sundays 08:00 - 17:00 per calendar year. No use of MUGA during official school summer holiday.”

6.3. It is now proposed to maintain the use of the MUGA on a permanent basis so that the use of the MUGA can take place beyond school hours to include Saturdays and a maximum of 10 Sundays per calendar year, but excluding official school summer holidays. It is considered that the permanent extended hours of use would benefit the local community and extend services available at the school. Policy CF1 (iii) of the Local Plan supports proposals that provide improved community facilities where they accord with the criteria of policies GD1 and DS1. In this context the principle of the scheme is supported to provide the further availability of a sports facility in a rural location is welcomed.

Impact on residential amenity

6.4 The last permission was granted on the basis that the use of the facility was potentially detrimental to local amenity and that there was in effect insufficient evidence to enable clear judgments on the nature of its effects. There are several residential properties adjoining the school site to the west and north. It is therefore essential that considerations of potential impacts derived from this proposal are fully considered, with the principle concerns being that of noise impact, disturbance and parking. Policy S1 (b) and (f) of the Structure Plan require development proposals to minimise their impact on the environment, (s) avoid and reduce unnecessary noise, whilst Policy GD1 (2) of the Local Plan requires development to not unreasonably harm the amenities of adjoining properties.

6.5 Government advice is that a second temporary permission should not normally be granted as any initial trail run is a sufficiently long period to determine whether a permanent permission is acceptable. The MUGA is situated within an established school site and does not have floodlighting, so the use of the facility will be restricted to daylight hours during autumn and winter months. It is accepted that there would be increased levels of activity with the continuation of the previous operational times. However, during the temporary period of additional use there have been no complaints received by either the County Council or the District Environmental Health Department. Additionally, letters of representation have not raised any specific concerns related to actual site activity or events in the period since this matter was previously considered. On this basis and having regard to the MUGA having been well used in this time it is not unreasonable to conclude that there has not been harm to local amenity.

6.6 The impact of the MUGA is mitigated by its location within the school site on an elevated plateau and its separation from residential properties. The western edge of the MUGA is set back between 12m and 20m from the edge of the school site with some landscaping on the intervening grassed bank and a well established site hedge with a mature tree. Whilst this boundary adjoins some residential gardens the nearest residential property, Holmes House on The Green, is over 100 metres away and on much lower land.

6.7. There will be noise generated by players, whistles, from balls hitting the perimeter fencing in addition to traffic and visitors. Notwithstanding this the MUGA will primarily to be used by the school during school hours and at no time during official school holidays, when local residents can be expected to enjoy the use of their gardens. It is considered that the MUGA is of an appropriate distance from neighbouring residences to avoid harm to local amenity through noise impact or disturbance. Having had regard to these factors, it is considered that the balance of argument falls in favour of support for the proposed hours of use. Accordingly, this application is considered to accord with Structure Plan Policy S1 (b) and (f) and Policy GD1 (2) of the Local Plan.

Traffic and highway matters

6.8. Policy S1 (c and d) of the Structure Plan supports development provided it reduces the need to travel by car, improves accessibility and promotes more environmentally friendly means of transport such as cycling and walking. It also seeks to ensure that development does not create or perpetuate unacceptable traffic conditions.

6.9. Sedlescombe School is easily accessible and within walking distance of the village centre and local parking and has cycle storage provision. There have been objection letters received from local residents on the grounds of increased traffic and illegal parking. The proposal will result in increased numbers using the MUGA facilities outside school hours but parking provision includes the use of the school car park as well as the public car park at the entrance to Gammons Lane. The proposed use of car parking spaces and the cycle storage shed within the school site would improve highway safety and convenience. The applicant states that the existing parking provisions at the school are sufficient to serve users of the MUGA. It is considered that there is adequate parking provision and the proposal therefore accords with Policy TR3 of the Structure Plan with regards to parking and that there will not be a detrimental impact on adjacent amenity through over intensive parking in a prominent place.

7. Conclusion and reasons for approval

7.1 In accordance with Section 38 of the Planning and Compulsory Purchase Act 2004 the decision on this application should be taken in accordance with the development plan unless material considerations indicate otherwise.

7.2. The permanent use of the MUGA by Sedlescombe School and the local community during the school day and extending into the evenings and weekends improves the range and availability of sporting and recreation facilities available. It is situated within an established school site with adequate screening and has been in use for the last two years. The continued use of the MUGA for the extended hours will not cause an unacceptable impact on the surrounding environment, residential amenity, Conservation Area or AONB. I, therefore, recommend approval to extend the hours of use of MUGA on a permanent basis. The proposal complies with Policies EN1, EN2, TR3 and S1 (b,c,d,j,s) of the East Sussex and Brighton & Hove Structure Plan 1991-2011. It also accords with Policies GD1 DS1, DS3 and CF1 (iii) Rother District Local Plan 2006.