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ITEM PN10
PLANNING & REGULATION COMMITTEE – 20 JULY 2009
APPLICATION FOR THE CONTINUATION OF THE DEVELOPMENT APPROVED UNDER PERMISSION NO W.02/06 (FOR THE CONSTRUCTION OF A REPLACEMENT SPORTS HALL) WITHOUT COMPLYING WITH CONDITION 10 OF THAT PERMISSION (FOR A CHANGE IN THE OPENING HOURS TO ALLOW OPENING FROM 6.30 AM – 10.00 PM MONDAYS TO FRIDAYS. WEEKEND HOURS TO REMAIN UNCHANGED), AT BARTHOLOMEW SCHOOL, WITNEY ROAD, EYNSHAM
Report by Head of Sustainable Development
Application No: R3.0110/09
District Council Area: West Oxfordshire
Introduction
1. Planning permission for a replacement sports hall at Bartholomew School, Eynsham was granted in April 2006. The development includes the provision of a fitness suite for use by the wider community (managed by West Oxfordshire District Council). A condition (Condition 10) is attached to the planning consent restricting the hours of use for community purposes, namely “That the hours of use of the sports hall for community use shall be limited to the following times: From 9.00 am to 10.00 pm Monday to Fridays, From 9.00 am to 5.00 pm Saturdays and Sundays”.
2. This application now seeks consent to vary the opening hours of the fitness suite, to allow opening to the public at 6.30 am rather than 9.00 am as currently approved.
Location (see plan) (download as .doc file)
3. The new sports hall is located along the southern boundary of the Bartholomew School site. There are residential properties (Clover Place) immediately to the south and to the east (Back Lane). The main school complex is to the west with the school playing fields to the north.
4. Access to the sports centre is from Back Lane to the east.
Details of the Development
5. The fitness suite is run by a company called Nexus on behalf of West Oxfordshire District Council. The company runs three other leisure facilities in the district – at Witney, Chipping Norton and Carterton. They all open at 6.30 am Mondays to Fridays.
6. This application seeks permission to open at 6.30 am and bring the Eynsham centre in line with the other facilities in the district. The applicant expects no more than 12 users attending between 6.30 am and 9.00 am. In recognition of the proximity of houses on Clover Plan, users of the centre at 6.30 am will be directed towards the parking bays on the north side of the car park (see plan).
Relevant Planning Policies
7. Regional Spatial Strategy for the South East
Policy CC6 – Developments should actively promote the creation of sustainable and distinctive communities. They should respect and enhance the character and distinctiveness of settlements and create a high quality built environment.
Policy S1 – Support healthy communities including community access to amenities such as parks, open spaces, physical recreation activity and cultural facilities.
8. West Oxfordshire Local Plan
Policy BE1 – Development only permitted provided supporting transport, service and community infrastructure is available and appropriate provision made to safeguard the local environment.
Policy BE19 – Permission will not be granted for development, if because of the noise it will create, the occupants of housing and other noise sensitive development would be exposed to significant noise disturbance, unless there is an overriding need for the proposal which cannot be met elsewhere.
Policy TLC12 – Development proposals should not result in the loss of useful local services and facilities.
Consultations
9. West Oxfordshire District Council – objects for the following reason: “There are existing dwellings immediately adjacent to the sports hall car park which would be vulnerable to noise disturbance from staff and patrons arriving at or before the proposed 6.30 am opening. West Oxfordshire District Council has no objection to the proposed closing time of 10.00 pm and would not object to the site opening from 7.00 am.
Eynsham Parish Council – no objections.
Sport England – support the application.
Environment Agency – no comment to make.
Third Party Representations
10. One response objecting to the proposal has been received from a resident in Clover Place. They object on the grounds that, “The sports hall is directly behind their house and have complained about noise in the past. Increasing the opening hours would be a further source of noise and disturbance. The site manager has been very co-operative and helpful so far but increasing the opening hours will impact negatively on our home life.”
Comments of the Head of Sustainable Development
11. The main issue with this application is whether bringing the opening hour of the leisure centre forward from 9.00 am to 6.30 am would adversely affect the residential amenities of neighbouring properties
12. I can understand the reasons for the application; in ensuring greater flexibility for members of the centre and improving accessibility of an excellent facility to the local community. The proposed 6.30 am opening time would also be in line with the opening hours of the other existing facilities – at the Windrush Centre in Witney, at Chipping Norton and Carterton – which are all managed by this company (Nexus) on behalf of the District Council.
13. Residential properties are closer to the leisure centre here at Bartholomew School than at the other centres in the district. On that basis, although the applicant has indicated that there is unlikely to be more than 12 cars arriving at the centre at the earlier time, I consider that allowing the centre to open at 6.30 am would have an unacceptable adverse impact on the amenity of neighbouring dwellings. However, I am inclined to agree with the views of the District Council that an opening time of 7.00 am would be more appropriate. At that time of the morning a greater proportion of households are likely to be up and running as people prepare to go to work and get children ready for school. The applicant is agreeable to such a change to the proposed opening time.
14. For information, the objection that has been received has not been from any of the properties on Clover Place which immediately back onto the leisure centre car park and entrance. It is from a resident at the western end of the leisure centre building (see plan). Nevertheless, in order to minimise the impact of the development on nearby residents I support the point made by the applicant about encouraging early visitors to the centre to park in the parking bays at the northern side of the car park (away from the rear of the properties on Clover Place). A condition requiring appropriate signage to be displayed to explain early morning parking arrangements could be attached to any consent given.
RECOMMENDATION
15. The Committee is RECOMMENDED to approve application no R3.0110/09 (for continuation of development approved under Permission W.02/06 for the construction of a replacement sports hall without complying with Condition 10 of that permission (for a change in opening hours to allow opening from 6.30 am – 10.00 pm Mondays to Fridays - weekend hours to remain unchanged)) at Bartholomew School sports hall, Eynsham, subject to:
(a) an amendment to the proposalto allow use of the building to commence at 7.00am Mondays to Fridays and not 6.30 am as originally applied for;
(b) conditions to be determined by the Head of Sustainable Development to include the following matters:
(1) detailed compliance (use of the building to commence at 7.00 am Mondays to Fridays and not 6.30 am as originally applied for);
(2) detailed duration – 3 years;
(3) that details of a scheme for appropriate signage to explain early morning parking arrangements be submitted for agreement by the Head of Sustainable Development before this permission is implemented.
CHRIS COUSINS Head of Sustainable Development Environment & Economy
Background Papers: File ref R3.0110/09 held in Environment & Economy, Speedwell House, Oxford.
July 2009
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