Agenda item

To consider the report of the Head of Planning Services.

(Report circulated)

The Development Control Manager presented the planning application for a Health and Fitness centre with internal and external facilities including tennis, health and fitness, multi-sports, swimming, club room, crèche, car parking and associated works at land adjacent to Sandy Park Farm, Old Rydon Lane, Exeter.

There were two previous approvals for a Sports/Tennis Centre on this land and the site had been levelled and prepared for construction. This application was for a revised scheme comprising a smaller two storey building with a total floor area of 6,643 square metres, with 256 parking spaces which included ten disabled spaces. The hard landscaping would be conditioned to ensure it was the same quality as the Rugby Stadium landscaping.

Members were circulated with an update sheet giving details of the County Director of Environment, Economy and Culture, the Environment Agency and the Head of Environmental Health Services consultation responses. Revised plans had been received to address concerns, and amendments to conditions and additional conditions were proposed.

The revised plans received also showed the height of the proposed building relative to the existing stadium and incorporated the relocation of the plant room previously sited opposite the end of the footbridge over the A379 to a less conspicuous location. This was considered a significant improvement in terms of the visual impact and overcame the concerns in this respect that had been identified in the original circulated report. The applicant had been advised that the air support dome was considered unacceptable and the applicant had subsequently withdrawn this element of the scheme.

The recommendation was for approval subject to amendments to conditions and additional conditions as per the circulated update sheet.

During discussion, Members raised concerns regarding the dangers of the access on to the A379, as cars filter out on to a fast moving dual carriageway and that the car park should not be used by people attending rugby matches.

The Development Control Manager informed Members that when the A379 was linked to Topsham Road that stretch of the A379 was likely to be reduced to a 40 miles per hour speed limit. A planning condition would be applied regarding control of the car park to ensure that it would not be used by visitors to the stadium.

RESOLVED that planning permission for a Health and Fitness centre with internal and external facilities including tennis, health and fitness, multi-sports, swimming, club room and crèche, car parking and associated works be approved, subject to the following conditions:

1)         C05 - Time Limit – Commencement

2)         C15 - Compliance with Drawings

3)         C12 - Drainage Details

4)         C17 - Submission of Materials

5)         C35 - Landscape Scheme

6)         H02 - Highways - Provision parking, etc

7)         The development hereby approved shall not commence until details of the proposed finished floor levels and overall ridge heights of the building, in relation to an agreed fixed point or O.S datum have been submitted to, and been approved in writing by, the Local Planning Authority.

Reason: In the interests of the visual amenities of the area and the residential amenities of the occupants of surrounding properties.

8)         Prior to the commencement of the development hereby approved details of all external plant and machinery associated with the proposal, including sound power levels, shall be submitted to, and be approved in writing by, the Local Planning Authority.

Reason: To ensure that the details of the scheme are acceptable in the interests of residential amenity.

9)         Prior to the commencement of the development the following details shall be submitted to, and be approved in writing by, the Local Planning Authority: -

a) the hours operation of the Tennis Centre complex and outdoor facilities,

b) details of the type, height and hours of operation of the floodlights to the    external courts and 5-a-side pitches,

c) details of the type of lighting to the parking areas and their hours of

    operation,

d) details of fencing/boundary treatments; and

            e) details of the design of the proposed cycle parking.

            Reason: In the interests of residential and visual amenity in the locality.

10)       Unless otherwise agreed in writing by the Local Planning Authority the development hereby approved shall only be used for activities falling within Use Class D2 (e) of The Town and Country Planning (Use Classes) Order 1978 (as amended), and not for any public performances of musical events.

Reason: To maintain control over the use of the premises in the interests of the residential amenities of nearby properties

11)       Construction work shall not take place outside the following times: 8am to 6pm (Mondays to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interests of the amenity of occupants of nearby buildings.

12)       Prior to the commencement of the development, an assessment of the impact of all external lighting associated with the development shall be submitted to, and be approved in writing by, the Local Planning Authority. The assessment should address the impact of the lights (including hours of use) on the nearest receptors. Thereafter, the lighting shall be installed and maintained in accordance with the findings of the lighting assessment and details approved pursuant to Condition 9(c).

Reason: In the interests of the amenities of the occupants of surrounding properties.

13)       Prior to the commencement of the development, a Green Travel Plan shall be submitted to, and be approved in writing by, the Local Planning Authority (in consultation with the County Council). Thereafter, the development shall be carried out in accordance with the provisions of the agreed Green Travel Plan.

Reason: In the interests of minimising the use of the private motor vehicle and encouraging the use of sustainable modes of transport.

14)       No development shall take place until details of the kitchen extraction system, including odour abatement equipment, have been submitted to and approved in writing by the Local Planning Authority. Mechanical extract ventilation should be provided with a high level discharge point. The mechanical extraction equipment should meet requirements set out in DEFRA guidance for odour and noise from commercial kitchens.

Reason: In the interests of residential amenity.

(15)      No part of the development hereby approved shall be brought into its intended use until the site access and parking facilities, together with a system to control and to restrict the on-site parking to staff, members and visitors to the Club, has been provided in accordance with details that shall previously have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter the parking facilities and access control system shall be permanently maintained and retained solely for the approved purpose unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site and that the on-site parking is limited as ancillary to the use of the Club.

(16)      Notwithstanding condition 2, the air support dome indicated on the submitted drawings is not hereby approved.

Reason: This element of the scheme is considered unacceptable in terms of its visual impact and has been withdrawn from consideration by the applicant.

(17)      Prior to the commencement of the development hereby approved, a Flood Risk Assessment (incorporating the proposed drainage strategy to serve the development) shall be submitted to, and be approved in writing by, the Local Planning Authority. Thereafter, the development shall be implemented in accordance with the approved details.

Reason: To ensure that the drainage implications of the development are appropriately assessed and dealt with.

(18)      No development shall take place on site until a full survey of the site has taken place to determine the extent of contamination of the land and the results together with any remedial works necessary, have been agreed in writing by the Local Planning Authority.  The building(s) shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that the site is in such a condition as to be suitable for the proposed use.

Reason: In the interests of the amenity of the occupants of the building(s) hereby approved.

(Report circulated)