Agenda item
Application No. and Parish: 20/01530/OUT, Newbury Football Club, Newbury Football Club, Faraday Road, Newbury
- Meeting of Western Area Planning Committee, Wednesday, 24th November, 2021 6.30 pm (Item 28.(1))
- View the background to item 28.(1)
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Proposal: |
Outline permission for replacement of clubhouse and new spectator stand at Newbury Football Ground. Matters to be considered: Access and Layout. |
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Location: |
Newbury Football Club, Faraday Road, Newbury, RG14 2AD |
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Applicant: |
Newbury Community Football Group |
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Recommendation: |
To DELEGATE to the Service Director, Development and Regulation to GRANT PLANNING PERMISSION subject to the schedule of conditions |
Minutes:
(Councillors Jeff Beck, Andy Moore and Tony Vickers declared a personal interest in Agenda Item 4(1) by virtue of the fact that they were Members of Newbury Town Council, which supported the retention of football facilities at Faraday Road. As their interest was personal and not prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.)
(Councillor Howard Woollaston declared a personal interest in Agenda Item 4(1) by virtue of the fact that he was the Executive Portfolio Holder for Internal Governance, Leisure and Culture. However, he noted that the London Road Industrial Estate Redevelopment Site was within the remit of the Executive Portfolio Holder for Finance and Economic Development. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)
(Councillors Hilary Cole and Howard Woollaston declared a personal interest in Agenda Item 4(1) by virtue of the fact that they sat on the London Road Industrial Estate Working Party. As their interest was personal and not prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.)
(Councillor Tony Vickers declared that he had been lobbied on Agenda Item 4(1).)
1. The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 30/01530/OUT in respect of Newbury Football Club, Newbury Football Club, Faraday Road, Newbury.
2. Mr Masie Masiiwa, Senior Planning Officer, introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers recommended that the Head of Planning and Development be authorised to grant planning permission, subject to the conditions outlined in the main and update reports.
3. The Chairman asked Mr Paul Goddard, Team Leader (Highways Development Control), if he had any observations relating to the application. Mr Goddard stated that the proposal was to replace existing activities, with most events occurring in the off-peak. Therefore, few concerns around traffic had been raised, and it was acceptable in highways terms.
4. In accordance with the Council’s Constitution, Mr Vaughan Miller, Newbury Town Council, Mr Paul Morgan and Mr John Stewart, applicants, addressed the Committee on this application.
Parish/Town Council Representation
5. Mr Vaughan Miller, Newbury Town Council, in addressing the Committee raised the following points:
· Newbury Town Council supported the application, and it was also supported by the Football Association, Sport England, the Football Foundation, and the Newbury Society. The Town Council’s Strategy sought set the aim that a first class football ground and stadium would enable and facilitate football teams that could play at National League level for men, and a Southern Premier League level for women, as well as youth teams.
· The aspiration of the Town Council is for the grounds to be within a walking distance of the town centre, providing an increased footfall within the town through visiting fans.
· Inability to provide a suitable alternative site should result in the ground on Faraday Road being redeveloped with 3G pitches, allowing for higher availability for the community.
· The application was scalable, allowing redevelopment and upgrading in accordance with the team’s success from Step 4 up to Step 2 and possibly Step 1 National League Southern Premier, reflecting the aspirations of the football clubs.
· It was a financially sustainable proposal, with no ongoing subsidy required and would seek to generate a profit. Sport England considered this to be a planning consideration. The site was a Council owned asset funded by tax-payers’ money, so this was a crucial aspect.
· It would have a proper clubhouse and bar. Hungerford Town played in Step 2 and the team cost £2,500 - £3,500 to maintain per week. They generated income from gate receipts and also from the bar.
· The proposal would provide a pathway from youth to senior football, with first class facilities encouraging retention of youths within the game.
· The previous clubhouse was well-used by the community, but the new facility would be better than before and could be used for a wide range of social events.
· The facility was also environmentally sustainable, being a short walk from public transport hubs and accessible by active travel modes. There were also extensive parking facilities nearby that could be used when needed.
· West Berkshire Council would retain control of the asset, and get a return on investment.
· Due to existing facilities, the new facility could be built within six months to a year.
· The application respects the value of both the pitch and clubhouse as an Asset of Community Value. The majority of local people wished the pitch to remain at Faraday Road – 2,000 people expressed their support and there was strong support expressed in response to the Newbury Weekly News survey. If the Council were to undertake public consultations they would probably get a clear steer to progress this proposal.
Member Questions to the Parish/Town Council
6. Members did not have any questions of clarification.
Applicant Representation
7. Mr Paul Morgan and Mr John Stewart in addressing the Committee raised the following points:
· The land had been owned by the Council since 1963, and it was believed that the Council should use the facilities for the benefit of the local community, as the proposal did.
· The clubhouse had been used for many years as a cost-effective venue for community events such as parties and weddings, and had a long history of hosting charity events. This not only added to the community value, but allowed the facility to financially sustain itself.
· The grounds were well-located and provides sustainable and public transport with easy access to the town centre. Car parking was already existing on the site.
· The footprint of the clubhouse would be similar to the existing building, but will have a second story which will provide a more efficient use of land and provide an improved internal layout. Changing rooms, toilets, offices, and a conference room would be situated on the ground floor, with a bar, café and viewing area on the first floor.
· The proposal fitted into the existing planning strategy, such as Area Delivery Planning Policy 2 and CS18. On CS18, the green infrastructure would be protected or enhanced.
· The proposal would vastly improve the quality of the facility and a better environment for those who work and play in the area.
· On the location of the development in Flood Zone 3, the proposal was a water-compatible development, and presented no threat to biodiversity.
· The sustainable business model of the development involved provision of a first-class pitch for senior men’s and women’s football teams, and would fulfil the Playing Pitch Strategy’s reported shortage of 3G pitches, which would be run by a not-for-profit community group which would use proceeds from the pitch and clubhouse towards maintenance. By the fifth year, a surplus of over £20,000 was expected.
· 75% of the funding would come from external sources, and West Berkshire Council would continue to receive rent. There would be no financial liability on West Berkshire Council’s part, and they would retain the land.
Member Questions to the Applicants
8. Councillor Adrian Abbs asked for more information on how a 3G pitch would help the biodiversity in the area. Mr Morgan responded that the pitch acted similar to natural grass and would benefit in that way.
9. Councillor Andy Moore asked what the size of the stand was and how it would be scalable. Mr Morgan responded that it would have 250 seats, and would be scalable as the previous stand held 500 seats. Proposals to expand would come as the team progressed through the football league pyramid.
10. Councillor Clive Hooker asked if the proposal would encroach on the existing parking spaces. Mr Morgan responded that there were four areas for public parking that were sufficient for how they were being used, and would be unlikely to cause any issue. Councillor Hooker asked if any would be lost, to which Mr Morgan responded that there would not be any loss.
Ward Member Representation
11. Councillor Jeff Beck in addressing the Committee raised the following points:
· Councillor Beck concurred with the points raised by the Town Council and applicants and did not have any further points to add.
Member Questions to the Ward Member
12. Members did not have any questions of clarification.
Member Questions to Officers
13. Councillor Hooker asked for further clarification from Mr Goddard over whether there would be any loss of parking spaces. Mr Goddard confirmed that there was no proposed loss of parking spaces from the main car parking area or the red area within the planning application.
14. Councillor Adrian Abbs asked how the new facility would be powered. Mr Masiiwa responded that the application was not at the stage at which BREEAM and the access to power was being assessed. Councillor Abbs asked whether BREEAM can be currently discussed, to which Mr Masiiwa responded that BREEAM Excellent was required and formed a condition of the application.
Debate
15. Councillor Abbs opened the debate by stating that he was happy to agree with officer recommendations, and there were no planning terms with which to disagree. He indicated his wish to propose to accept officer recommendation.
16. Councillor Beck concurred with Councillor Abbs and indicated his wish to second.
17. Councillor Howard Woollaston expressed his dissatisfaction with the application coming to committee, as it was an uncontroversial application on Council land, and he saw no planning reasons to refuse.
18. Councillor Tony Vickers noted that the landowner is the elected District Council, whose intentions may change. He considered it arrogant therefore not to discuss those intentions and consider the application.
19. Councillor Adrian Abbs proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report. This was seconded by Councillor Jeff Beck.
20. The Chairman invited Members of the Committee to vote on the proposal by Councillor Abbs, seconded by Councillor Beck to grant planning permission. At the vote the motion was carried.
RESOLVED that the Service Director for Development and Regulation be authorised to grant planning permission subject to the following conditions:
Conditions
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Approval of reserved matters Details of the appearance, landscaping and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place. The development shall be carried out in accordance with the approved details.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
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Time limit for reserved matters Application(s) for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
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Commencement of development (Outline)
The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
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Approved plans
The development hereby permitted shall be carried out in accordance with the following approved documents and plans:
Reason: For the avoidance of doubt and in the interest of proper planning.
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External Materials
Prior to above foundation level works commencing, details of the materials for the external surfaces of the development shall have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with approved details.
Reason: To ensure the satisfactory appearance of the development and in order to protect the character and amenity of the area. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP2, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), the Quality Design SPD (June 2006) and the Newbury Town Design Statement
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Means of Enclosure
Notwithstanding the provisions of the plans hereby approved, the development hereby permitted shall not be first used until full details have been submitted to and approved in writing in respect of means of enclosure or boundary treatments on site, to include a plan indicating the positions, design, materials and type of boundary treatment and gates to be erected within the site. The boundary treatments shall be completed in accordance with the approved scheme before the development hereby permitted is first occupied. The boundary treatment shall thereafter be retained in accordance with the approved details.
Reason In the interest of visual amenity and to ensure the satisfactory appearance of the development. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP2, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), the Quality Design SPD (June 2006) and the Newbury Town Design Statement.
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Parking and turning in accord with plans
The use shall not commence until the vehicle parking and turning space have been surfaced, marked out and provided in accordance with the approved plan(s). The parking and/or turning space shall thereafter be kept available for parking (of private motor cars and light goods vehicles) at all times.
Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic. This condition is imposed in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).
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Cycle parking
The use shall not commence until the cycle parking has been provided in accordance with the approved drawings and this area shall thereafter be kept available for the parking of cycles at all times.
Reason: To ensure the development reduces reliance on private motor vehicles and assists with the parking, storage and security of cycles. This condition is imposed in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).
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Updated Ecological Appraisal
In the event that development has not commenced 3 years from the date of this permission, no development shall take place until an updated Ecological Appraisal has been submitted to and approved in writing by the Local Planning Authority, together with any additional surveys recommended by the updated Ecological Appraisal. The updated surveys shall be used to inform the mitigation measures for this development.
Reason: If the development has not been commenced the ecological appraisal should be updated. This is because the ecology of the site is likely to change over time. This condition is applied in accordance with the statutory provisions relating to the protected species and habitats on the site, the Nation al Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).
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Landscape and Ecological Management Plan
No development shall take place on the site until a Landscape and Ecological Management Plan (LEMP) has been submitted to and approved in writing by the local planning authority. The LEMP should be based on the Preliminary Ecological Appraisal by CGO Ecology Ltd dated June 2020 received on 06 July 2020 and the approved SuDS and Landscaping documents and plans. Such a Plan shall include:
a) Detailed habitat creation and management prescriptions (including costings) for the retained and newly created habitats meeting all the needs of biodiversity net gain timeframes, monitoring and reviews. b) Provision of features for protected and priority fauna as outlined within the Preliminary Ecological Appraisal by CGO Ecology Ltd dated June 2020 received on 06 July 2020 and deliver the recommendations of this Assessment to ensure the appropriate protection and conservation of protected habitats and species. c) Include (but not necessarily be limited to) details of management, maintenance and long-term protection of the hard and soft landscaping, and ecological mitigation area. d) Submit a green phasing plan to interact with the CEMP and LEMP. Include the planting list, hard and soft infrastructure shown and boundary treatments andspecies and habitat enhancements and protections. e) May incorporate any/all mitigation measures secured by other planning conditions attached to this permission, including SuDS and Landscaping.
The approved LEMP shall be implemented in full upon commencement of development.
Reason: The LEMP is necessary to ensure the adequate protection and conservation of protected species and habitats on the site, and to achieve the specific recommendations of the submitted Ecological Assessment. A comprehensive LEMP will also ensure that interrelated landscape and ecological proposals are delivered and managed in a holistic manner. To ensure that habitats are protected and enhanced in the best way possible and that the planting can become as established as possible. The detailed LEMP is required before commencement of development because insufficiently detailed information has been submitted at the application stage, and it may include measures that require implementation during the construction phase. This condition is applied in accordance with the NPPF, Policies CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026).
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Construction Environmental Management Plan (CEMP)
No development shall take place (including ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following;
(a) A risk assessment of potentially damaging construction activities (b) Identification of biodiversity protection zones and a green phasing plan (c) Practical measures to avoid and reduce impacts during construction (d) The location and timing of sensitive works to avoid harm to biodiversity features including protected species and tree protection measures (e) The times during construction when specialist ecologists need to be present on site to oversee works (f) Responsible persons and lines of communication (g) The role and responsibilities of the ecological clerk of works or similarly competent person (h) Use of protective fences, exclusion barriers and warning signs (i) Any temporary lighting that will be used during construction (j) A scheme of works or such other steps to minimise the effects of dust during construction (k) The implementation of these measures prior to the commencement of each phase. The development shall not be constructed otherwise than in accordance with the approved CEMP.
Reason: To ensure the conservation and enhancement of the biodiversity assets of the site, including the protection of species and habitats. A pre-condition is required because insufficient information accompanies the application. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.
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Gas protection measures
Unless a landfill gas risk assessment is undertaken which indicates there is no risk, the proposed development shall be built with Characteristic Gas Situation 2 gas protection measures in accordance with BS 8485:2015 +A1:2019
‘Code of practice for the design of protective measures for methane and carbon dioxide ground gases for new buildings’. Following installation of the measures, a verification report shall be submitted to the Local Planning Authority prior to occupation of the site.
Reason: To protect future occupiers of the site from the risks associated with the migration of toxic and flammable gasses. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).
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Clubhouse and spectator stand design and layout
No development shall commence until details of the design and layout of club house and spectator stand have been submitted to and approved in writing by the Local Planning Authority (after consultation with Sport England). The clubhouse and spectator stand shall not be constructed other than in accordance with the approved details.
Reason: To ensure the development is fit for purpose and sustainable and to accord with Development Plan Policy. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS18 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006), the Newbury Town Design Statement and the West Berkshire Council Playing Pitch Strategy (2020).
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Drainage measures
The development shall be carried out in accordance with the submitted flood risk assessment (ref August 2021/3366 v.1/Brighton Consulting Engineers Limited and email ‘20/01966/COMIND and 20/01530/OUT: Newbury Football Club’ dated 13/09/2021) and the following mitigation measures it details:
Reason: To ensure that surface water will be managed in a sustainable manner. This condition is imposed in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), and Part 4 of Supplementary Planning Document Quality Design (June 2006).
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Programme of archaeological work
No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved statement.
Reason: To ensure that any significant archaeological remains that are found are adequately recorded. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).
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Landscaping
The development shall not be occupied until a detailed scheme of landscaping for the site is submitted to and approved in writing by the Local Planning Authority. The details shall include schedules of trees and plants noting species, plant sizes and proposed numbers/densities, an implementation programme and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.
The scheme shall ensure;
a) Completion of the approved landscape scheme within the first planting season following completion of development.
b) Any trees shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.
Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.
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Landscape Management Plan
No development or other operations shall commence on site until a landscape management plan including long-term design objectives, management responsibilities and maintenance schedules for a minimum period of 10 years has been submitted to and approved in writing by the Local Planning Authority. The plan shall include any areas of existing landscaping, proposed wildlife areas, new tree planting and any areas of proposed landscaping other than areas
Reason: To ensure the long term management of existing and proposed landscaping in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.
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Arboricultural Programme of Works
No development or other operations shall commence on site until a detailed schedule of tree works including timing and phasing of operations has been submitted and approved in writing by the Local Planning Authority.
Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.
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Tree protection scheme
No development (including site clearance and any other preparatory works) shall commence on site until a scheme for the protection of trees to be retained is submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and shall specify the type of protective fencing. All such fencing shall be erected prior to any development works taking place and at least 2 working days notice shall be given to the Local Planning Authority that it has been erected. It shall be maintained and retained for the full duration of works or until such time as agreed in writing with the Local Planning Authority. No activities or storage of materials whatsoever shall take place within the protected areas without the prior written agreement of the Local Planning Authority.
Note: The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012.
Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.
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Arboricultural Method Statement
No development or other operations shall commence on site until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority and shall include details of the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area.
Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.
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External lighting
No external lighting shall be installed until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall:
(a) Identify those areas on the site that are particularly sensitive for bats and that are likely to cause disturbance. (b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species. (c) Include and isolux diagram of the proposed lighting. (d) Ensure all lighting levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers.
Notwithstanding the provisions of Article 3 and Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, no external lighting shall be installed except in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason: Firstly, to ensure the conservation and enhancement of the biodiversity assets of the site, including the protection of species and habitats. This condition is applied in accordance with the National Planning Policy Framework, and Policies CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026).
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Informatives
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Approach of the LPA
This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development. In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered a development, which improves the economic, social and environmental conditions of the area. |
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CIL
The development hereby approved results in a requirement to make payments to the Council as part of the Community Infrastructure Levy (CIL) procedure. A Liability Notice setting out further details, and including the amount of CIL payable will be sent out separately from the Decision Notice. You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the authority prior to the commencement of the development. Failure to submit the Commencement Notice will result in the loss of any exemptions claimed, and the loss of any right to pay by instalments, and additional costs to you in the form of surcharges. For further details see the website at www.westberks.gov.uk/cil
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Ground grading requirements
The applicants’ attention is drawn to league requirements for ground grading and the associated requirements for internal spaces to play in a particular league.
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Supporting documents:
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1. 20-01530-OUT - Newbury Football Club, item 28.(1)
PDF 364 KB -
1a. Map 20-01530-OUT - Newbury Football Club, item 28.(1)
PDF 3 MB
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Update Front Page, item 28.(1)
PDF 85 KB
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1. 20-01530-OUT - Newbury Football Club Update Report, item 28.(1)
PDF 86 KB