Agenda item

Proposed creation of a 3G Artificial Grass Pitch (AGP) with perimeter fencing, acoustic fencing, hardstanding areas, storage container, floodlights, an access footpath and associated bund.

Minutes:

The Chairman of the Planning Committee (Councillor Fowler) reminded Members that Councillors Placey and Sudra had not been present at the time the application had first been before the Committee in May 2024 and that therefore they would not participate in the discussions and decision-making, but they would stay in the room.

 

Members were also reminded that the proposal was for the erection of an Artificial Grass Pitch (AGP) on land that formed part of the existing playing pitch within the grounds of Tendring Technology College and that this application was before the Planning Committee following a call-in request by Councillor Turner, who had raised concerns that the development would result in a negative impact on the scene, and was of a poor layout and would result in a negative impact to neighbours.

 

Members were reminded that the application had been initially put before the Planning Committee at its meeting held on 14 May 2024, when Officers had concluded that the wider public benefits of the proposed development outweighed the overall identified areas of harm, namely the impacts to neighbouring amenities through noise and light pollution and had therefore recommended, on a fine balance, that the application be approved.

 

At that meeting the Committee had decided to defer the application and had requested that additional information/actions be provided/undertaken as follows:-

 

-       Applicant to provide a Bat Survey Report;

-       The Council’s Environmental Protection team to undertake a review of the Noise Impact Assessment provided by local residents;

-       Applicant to demonstrate whether it would be possible to provide for an amended layout/re-orientated 3G pitch that would result in reduced harm; and

-       Submission of a Construction Method Statement to ensure that any construction would be mindful of the school children’s presence on site.

 

Following that deferral, the applicant’s agent had subsequently provided a Bat Survey which had been confirmed to be acceptable by ECC Place Services (Ecology) subject to conditions, and this Council’s Environmental Protection team had commented on the Noise Impact Assessment to confirm that they had considered both the applicant’s and the local residents’ Noise Impact Assessments fully, and had concluded that their earlier “no objection” comments remain unchanged. They had, however, suggested that the applicant’s Noise Impact Assessment be updated to include additional information, which had since been undertaken. The Council’s Environmental Protection team had confirmed that they were satisfied with the predicted noise levels and the evidence of compliance with relevant guidance, and therefore had had no adverse comments subject to the measures outlined within the Assessment being implemented.

 

Officers reminded Members that, in addition, the agent for the applicant had clarified that a Construction Method Statement had been submitted alongside the original application submission, and the Council’s Environmental Protection team had previously confirmed that they were satisfied with the contents and had no adverse comments to make (in comments dated 14 September 2023).

 

An additional drawing had also been provided to outline alternative layouts for the 3G pitch alongside the wider site. Three options were shown, with two showing that it would not be possible without overlapping with the running track (which would likely generate an objection from Sport England if put forward, so therefore would not be feasible), with the third option being sited along the north-eastern boundary which in turn would be closer to a greater number of local residential properties, thereby generating a higher level of harm than the currently proposed siting.

 

Members were informed that, the proposal would generate a high level of public benefits, notably through the inclusion of modern fit for purpose facilities that could be utilised all year round. Sport England had offered strong support despite the part loss of an existing playing pitch, and Officers were not aware of an alternative location better suited for the proposed development, whilst equally noting that the Playing Pitch Strategy highlighted that there was both a current and future shortfall of youth 11v11 and 9v9 football pitches. A strong level of weight in the overall balance had therefore been given by Officers to the public benefits the scheme would provide.

 

Officers told Members that, the proposed development was not considered to result in significant harm to the character and appearance of the wider area, that there was sufficient parking provision and ECC Highways had offered no objections subject to conditions. Similarly, ECC Ecology had not objected to the proposal, subject to conditions, and whilst ECC SuDS had initially objected, that had been on technical matters which had since been addressed.

 

The Committee was also made aware that, in terms of the impact to neighbouring amenities, whilst from a purely technical perspective the change in noise level was considered to be acceptable due to the absolute noise levels being within the WHO guidelines and the suggested mitigation measures proposed, Officers equally acknowledged that there was inevitably a degree of noise disturbances given the relatively close proximity of the development to neighbouring properties. Amendments to reduce the operating hours and re-locate the AGP away from the neighbouring properties had helped reduce the level of harm, but Officers had still afforded weight to that harm in the overall planning balance.

 

Officers further reminded Members that, taking all of the detailed considerations above into consideration, Officers had concluded that, on this occasion there were strong wider public benefits of the proposed development that outweighed the identified harm and with that careful assessment, the planning application was recommended by Officers for approval.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Senior Planning Officer (MP) in respect of the application.

 

An Officer Update Sheet had been circulated to Members prior to the meeting which informed the Committee that an additional letter of observation had been received from a neighbouring property, raising concerns that any noise generated would be increased in windy conditions.

 

Robert Rouse, on behalf of the applicant, spoke in support of the application.

 

Terry Allen, a member of the public and Chairman of the Academy Community Board, spoke in favour of the application.

 

Stephen Smith, a member of the public, spoke against the application.

 

Councillor Mark Cossens, Mayor of Frinton and Walton Town Council, spoke against the application.

 

Councillor Richard Everett, a Ward Councillor for Frinton, spoke against the application.

 

Councillor Nick Turner, a Ward Councillor for Frinton and the Caller-in of this application, spoke against the application.

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

Could Officers confirm if the bat survey that had been specifically requested had been done or not?

Officers have had a bat survey report undertaken and within that the bat activity at the site has been assessed. What was requested had been undertaken. Officers have consulted with Essex County Council Ecology Department, and they have confirmed they are happy with the findings.

Could Members have confirmation that the roosting feature identified by Councillor Everett has been included in the bat survey?

Yes, Officers received an email that was passed on to the applicant and it was also passed onto Place Services, who act for the Council regarding ecology matters. It was not included in the bat survey undertaken by the applicant but was considered (this is confirmed in their consultation response) by Place Services, have commented, and they considered that in their response to the survey undertaken.

Could you confirm that the bat survey and survey requested was done?

Yes.

The balance that has been discussed is the balance that will benefit the community, am I right?

Yes, as part of the overall planning balance, there are public benefits and there are obviously harms for neighbours and essentially to determine the amount of weight to give the neighbours. Officer opinion is that the benefits slightly outweigh the harms, but it is on balance that Officers have come to that conclusion and for Members to consider.

Regarding the rubber crumb (surface material for pitch), is the Council putting children’s lives at risk and what is the evidence? Is there an alternative material and if the EU have identified this as not being good, why is the Council still allowing this to be used?

The rubber crumb does cause environmental harm, it is a micro plastic and a potential swallowing hazard which is included in various reports around it. There are other microplastics that are not banned and this microplastic for the crumb is currently not banned – it is not regarded as a banned substance in planning terms. It is being phased out around the world and it is believed the UK may review it next year. However, planning decisions have to be made right now. There is currently no policy set against surface material such as this. Environmental Health have no objections. There is no recognised position to stop this material from being used and Officers consider it difficult to defend a refusal regarding that aspect alone.

Is it fair to say that on the balance of probability, if the application was to go ahead, is there a greater advantage to the community?

Yes, there are public benefits in the Officer report. In terms of community benefits, yes, on one hand Members could say yes there would be community benefits but on the other hand, there could also be harm.

What is before Members is how Officers reached their recommendation, is that right?

Yes.

Is it still the case that the Officer recommendation is balanced?

The overall position has not changed (since the last meeting), nothing has really changed, and the recommendation is highly balanced.

Is the Council aware of the warnings surrounding the rubber crumb?

A fair amount of research has been carried out and nothing immediately has come up. Other agencies have looked over this and there is a planned meeting in the middle of 2025; however, it is out there as a debate on the degree in harm. It is harmful. Officers cannot give any more than what is in the report.

Do Members have an analysis on why one of the independent reviews was accepted but not the other? (Note – reference to applicant’s survey on noise and the local resident survey)

Officers have had conversations with the Council’s environmental team, in short, they have acknowledged both reports, acknowledged the findings of the residents’ surveys, but in terms of the submission and the applicant’s assessment submitted, it (the applicant’s) is all within the relevant guidelines so there was nothing they could raise. There is going to be a level of noise disturbance, but it does meet the World Health Organisation’s criteria. The environmental team cannot object to the findings on those grounds.

How would you take the noise from spectators into account?

The noise impact assessment does discuss transient noises which includes voices. This is not the only pitch that might have spectators, so this is standard practice. There will be noise disturbance, whether that is from the players or any spectators, but there is not a spectators’ seating area, and the technical information falls within the guidelines.

What is the threshold for light spillage and how far are the floodlights within the threshold?

It has been confirmed that the floodlights fall under the threshold for this location. They are inward facing onto the pitch. The glare from the floodlights will not impact the neighbours, however there will be natural light spillage. There is a low level of weight to that harm. It is considered that the benefits outweigh the harm.

How will Officers stop people sitting on the bund?

There are 2 maintenance gates that will be managed at all times and not accessible. The pitch will only be used for events. The gates will deter people from freely moving about in that area. The bund will be inaccessible during matches for people to sit on there.

Around the rubber crumb, Officers mentioned a meeting that will be happening in the middle of next year?

It may not be true, but currently that is what the new online propose (at this point in time).

If the rubber crumb is found to be very dangerous, does TDC deal with it?

TDC will be dealing with other authorities and with other organisations (with responsibility for public safety as necessary).

 

It was moved by Councillor White, seconded by Councillor Alexander and:-

 

RESOLVED that:-

 

1)    the Head of Planning and Building Control be authorised to grant planning permission subject to the conditions as stated at paragraph 9.2 of the Officer Report (A.1), or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained; and

 

2)    the sending of any informative notes to the applicant as may be deemed necessary.

Supporting documents: