Agenda item

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1421/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor T Page addressed the Committee in opposition to the application, as he had concerns in relation to neighbour notification, parking and noise concerns relating to the use of the site.  Councillor Page was concerned that only 2 notifications had been sent to Dane Park addresses and none to Dane Acres.

Councillor Page expressed concerns that residents experienced problems with car parking in Dane Park and Dane Acres and referred to a recent rugby club function on 5 November 2011, when emergency vehicles would have been unable to access Dane Acres due to inconsiderate parking.

Councillor Page commented that the principle of development in this location was flawed and was inconsistent with the policies of the East Herts Local Plan Second Review April 2007, in particular policy ENV24.  He expressed concerns in relation to the impact on neighbour amenity as well as the visual impact of the proposed marquee in what was an open area.

Councillor Page also referred to concerns from Environmental Health in relation to noise management when events were being held inside the proposed marquee.  He commented that the marquee would be out of keeping in relation to existing sensitive buildings in the vicinity of the site.

Councillor Page referred to other uses of the site adding to the pressure on the sports amenity offer at the Rugby Club and stressed that this was contrary to policy LRC1 of the East Local Plan Second Review April 2007.  He expressed concerns that parking arrangements were also contrary to policy TR7.

Councillor Page left the room after addressing the Committee due to a personal and prejudicial interest (Minute 405 refers).

Councillor D Andrews sought and was given clarification that there would be no permanent foundations underneath the proposed marquee.  Councillors J Demonti and A Burlton echoed all of the concerns raised by Councillor Page.

The Director acknowledged Members’ concerns that it was difficult to control the emission of noise from a marquee.  Members were advised that a condition had been included stating that prior to the first use of the marquee, a noise management plan would have to be submitted to and approved in writing by the Local Planning Authority.

The Director acknowledged the parking concerns but stated that any additional parking would occur in the evening at weekends at times separate to rugby matches.  Members were advised that Officers considered that a trial period of operation under circular 11/95 was a position that could be supported hence the recommendation for approval.

In response to a query from Councillor D Andrews, the Director stated that the conditions could be firmed up to state that any planning permission would be for a limited period only, expiring on 10 November 2012 and the marquee would be in place from 1 March to 31 August 2012.

The Director advised that policy LRC1 of the East Herts Local Plan Second Review April 2007 was intended to prevent the loss of sports facilities and no such facilities were threatened by this application.  Officers were also of the view that a noise management plan and parking controls would prevent problems with noise and parking.

Councillor J Demonti proposed and Councillor J Taylor seconded, a motion that application 3/11/1421/FP be refused as the application was contrary to policies LRC1, ENV24 and TR7 of the East Herts Local Plan Second Review April 2007.

After being put to the meeting and a vote taken, this motion was declared LOST.

Councillor D Andrews proposed and Councillor M Newman seconded, a motion that application 3/11/1421/FP be granted subject to an additional condition stating that prior to the first use of the marquee, a plan showing the provision of additional temporary parking in addition to that shown within the application, shall be submitted to and approved in writing by the local planning authority and the approved parking provision must be available at all times when the marquee is in use.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

The Committee supported the recommendation of the Director of Neighbourhood Services as now detailed.

RESOLVED – that in respect of application 3/11/1421/FP, planning permission be granted subject to the following conditions:

1.            This permission shall be for a limited period only, expiring on 10 November 2012, and the marquee shall be in place from 1^st March to 31^st August.

Reason: In order that the impact of the development can be assessed over a trial period having regard to the amenities of local residents.

2.            Prior to the first use of the marquee hereby approved a Noise Management Plan detailing measures to contain music and speech noise shall be submitted to and approved in writing by the Local Planning Authority, and thereafter the use of the marquee should accord with the approved details.

Reason: To safeguard the amenities of residents of nearby properties, in accordance with policy ENV24 of the East Herts Local Plan Second Review April 2007.

3.            No external loudspeaker systems shall be installed without the prior written permission of the Local Planning Authority.

Reason: To safeguard the amenities of residents of nearby properties, in accordance with policy ENV24 of the East Herts Local Plan Second Review April 2007.

4.            Prior to the first use of the marquee hereby approved, a plan showing the provision of additional temporary parking, in addition to that shown within the application, shall be submitted to and approved in writing by the local planning authority.  The approved parking provision shall thereafter be available at all times when the marquee is in use.

Reason: To ensure the provision of adequate parking for the use in accordance with policy TR7 of the East Herts Local Plan Second Review April 2007.

5.    Approved Plans (2E102).

Directives:

1.            Other Legislation (01OL)

2.            For the avoidance of doubt, you are reminded of the requirements of the premises licence for the site.

Summary of Reasons for Decision

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the saved policies of the East Herts Local Plan Second Review April 2007), and in particular policies SD2, TR7, ENV1, ENV24, BH1 and LRC1.  The balance of the considerations having regard to those policies is that permission should be granted.