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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PREVIOUS APPLICATION FOR THE ESTABLISHMENT OF FOOTBALL PLAYING PITCHES WAS CONSIDERED BY THE COMMITTEE AND THE COMMITTEE WAS PARTICULARLY CONCERNED ABOUT THE PROPOSED LIGHTING
The site represents the extent of an approved new football pitch and clubhouse facility which lies to the south of Colby Railway Station, on the southern side of Colby village. The site also includes the
route of a new access which exits from the site at a point opposite properties called Eyreton, Ravenstone and Doagh Close, to the east of the Colby Glen public house.
Some objectors have raised objection to the description of the application including reference to the "access road via 424845, 424824, Station Road" as this implies that access is via Station Road.
The site lies within an area designated on the Arbory and East Rushen Local Plan as Open Space and of High Landscape Value and Scenic Significance. On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within an area which is designated as Proposed Playing Field, reflecting the approval in principle which had been granted at the time of drafting the plan.
Planning permission was sought and granted for the principle of the creation of new playing pitches and a clubhouse under PA 05/92127. This permission was based upon access being provided to the new facilities from Station Road.
PA 07/2055 proposed the details of the matters reserved from the approval in principle and was refused.
PA 09/0340 proposed the creation of football ground with associated facilities and was permitted on appeal, subject to a number of conditions including the following: "No approval is herby [sic] granted to the lighting alongside the roadway and within the car park as shown in the approved plans. Such lighting must be lower in height and profile to reflect the rural location of the site. A revised scheme for this lighting must be approved by the Planning Committee prior to the erection of any lighting in the car-park or alongside the access lane" (condition 6) "Surface illumination due to light spillage from the proposed lighting shall not exceed 5 lux within the curtilage of any residential property" (condition 7) "Except as provided by condition 11 below the clubhouse shall be closed and no person shall be inside the clubhouse building, except for security or anti-crime purposes, outside the hours of 07302245 on Sundays to Thursdays, and 0730-2345 on Fridays and Saturdays. No person, other than a person authorised by the Department to carry out site inspections for enforcement purposes, shall be within the application site outside the hours of 0710-2255 on Sundays to Thursdays or 0730-2355 on Fridays and Saturdays" (condition 10) and "The Department may, on written application by Colby AFC Limited approve a variation of the hours specified in condition 10 above on not more then 6 occasions in any calendar year; such variation shall not in any instance permit people to be within the clubhouse between 0100 and 0730 or within the application site between 0110 and 0730" (condition 11).
A note was attached to the conditions stating "As part of the case to the inquiry, the applicants asked for a modification in the height of the proposed lighting along the access way and in the car park to be considered and incorporated into the approval, the lighting columns were now proposed to be 5 metres in height instead of 6 metres".
The report also refers to lighting at the following points: "I am more concerned about the possibility of disturbance arising from the comings and goings of people and vehicles, particularly during the late evening or at night and about the intrusive effect of the proposed lighting" (paragraph 31) and "As for the height of the access road and site lighting (other than the all-weather floodlights) the reduction in height of the proposed lighting columns from 16 metres for 15 metres [this is a
typographical error and should be 6 m to 5 m ] recently proposed by the applicants would be fairly minor. It appears that the planning committee were looking for a much more significant reduction, with some form of low level "bollard-type" lighting. (paragraph 46) "In general, the lower the height of lighting, the greater number of columns are required to achieve the same level of illumination and the more difficult it becomes to prevent light spreading laterally. So it is debatable whether bollard-type lighting would provide the visual benefit which the committee were apparently seeking. I do not have sufficient evidence to make a judgment on this point - no scheme has been designed showing how bollard lighting might be used, or whether such lighting would be a feasible alternative. Therefore I suggest that if you decide to grant approval, Condition 6 should remain unaltered, leaving this matter to be resolved with appropriate information about alternatives submitted to the planning committee." (paragraph 47) and "Uncertainty about the visual impact of lighting columns is one of the several factors which in my view make the overall decision whether to grant approval finely balanced. The planning committee specified that the lighting "must be lower in height and profile to reflect the rural location of the site". But if low level lighting is not feasible for technical reasons, or would involve very large numbers of lighting supports, then the development would not reflect the rural location of the site - in which case it might well be more appropriate to refuse approval" (paragraph 48)
Now proposed are the details of the proposed lighting. The Planning Committee previously suggested that bollard lighting could be used. This is not proposed as the applicant's lighting adviser suggests that bollard lighting will cast shadows once vehicles enter or are parked near the car park. The columns are 5 m high - they suggest any lower would result in an increase in the number of columns and that the lanterns would need to be tilted and may possibly cause unwanted glare. The applicant is also concerned that cattle will be using the road and bollards would not stand up to this usage.
The application initially proposed the installation of thirty nine 5 m high standards from the entrance with the A5 main road to and including the car park serving the pitches and clubhouse. The lighting will be positioned on the eastern side of the access road and around the perimeter of the car park with eight lights in the centre of the car park. The lights will be fitted with low glare flat glass lantern. Information from the lighting consultant shows the impact of the lighting in terms of the lux levels and how far they extend. The plan does not show any land beyond the car park. The layout is, within the car park, the same as that proposed previously, the lights on the access road are on different sides of the access road and there is one fewer light on the north-south run of the access road. The lighting level drawing as far as the car park is concerned, shows a different pattern of lighting levels than did the previous application despite the lighting as proposed being the same as previously proposed.
The applicant has now amended the proposal by way of information received on 14th September, 2010 to include 4 m high lighting along the access road but the number of lights has increased from nine to eleven. The revised lighting plan now shows that the light spill from the car park will not reach the residential properties to the north - in fact it will not extend as far as the railway line to the rear of the car park.
When the application was initially advertised, an error was made in the local press regarding the field numbers - the field immediately to the south of Station Road - 424828 was described as 424848 despite being described accurately in the application form. It was resolved within the Planning Office to amend the site description on the application but not to re-advertise the application. The parties who would be disadvantaged by not re-advertising the application - those properties adjacent to Station Road have had their attention drawn to the application through the inclusion of "Station Road" in the application description and those closest to the site have objected to the application, indicating that the numerical error has not prevented those close to the site from becoming aware of it.
Arbory Parish Commissioners are disappointed that the lighting columns have not been reduced from the height previously proposed and continue to believe that this form of lighting would be visual intrusive and that bollard lighting to delineate the road, would suffice. No further comments have been received in respect of the amended proposal.
Residents at 5, Croit e Cubbon, 60, Station Park and 53, Station Park object to the application on the basis that construction traffic is using Station Road whereas the application stated that access would not be through this route, the amendments to the details proposed in the original scheme are minimal - omitting one light and moving the lights from one side of the access to the other, the lighting plan shows no details beyond the site and the most recent lighting diagram shows higher levels of lighting than did those shown in the previous application. The residents of 60, Station Park ansd 5, Croit-e-Cubbon have maintained their objection following the receipt of the amended plans and suggest that the application should have been re-advertised to take account of the numerical error in the description.
Highways and Traffic Division indicate that they do not oppose the application
The proposal seeks permission for the lighting which was reserved from consideration at the time of the approval of the playing pitches and clubhouse, car park and access. These matters have approval and any concerns regarding them are not a matter for this application.
The proposed lighting is not the same as that proposed in the earlier application in that the lighting standards on the access road have been reduced in height from 5 m to 4 m and there are two more of them. The lighting for the car park remains as originally proposed in terms of the number and position of the lights but some of the light specifications have been changed but the lighting diagram shows less light spillage than was shown previously.
It is clear that lighting is required and that this will have some impact both in terms of drawing attention to the new access road and the clubhouse and car park and also in terms of the impact of the buildings and the activity as experienced from the Station Park properties. What is proposed has a lesser impact than what was shown in the previous application and whilst bollard lighting in the access may have a limited visual impact, its practicality is obviously in doubt if the access is to be used for driving cattle to the adjacent fields. The Inspector himself expressed some doubt as to the success of this type of lighting (his paragraph 47).
It is recommended that the steps which have been taken to reduce the impact and height of the lighting is sufficient to overcome the concerns which were raised previously whilst still maintaining a reasonable level of lighting for the development and proposed use.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The residents of 5, Croit-e-Cubbon, 53 and 60, Station Park are alongside the railway line which abuts the application site and the proposed car park where the lighting is proposed. As such these parties should be afforded party status in this case.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 12.10.2010
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the installation of lighting as shown in the information and plans received on 14th September, 2010 and the site plan, reference 32235A/109A received on 17th June, 2010.
C 3. The lighting may only be illuminated when the premises are in active use in accordance with their authorised purpose.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Authority Meeting Date : Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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