Agenda item

PLANNING APPLICATION NO. SL/2021/0101 - KENDAL RUGBY UNION FOOTBALL CLUB, MINT BRIDGE, SHAP ROAD, KENDAL

To consider a proposal seeking the variation of condition 19 (Open Hours) attached to planning permission SL/2015/0016.

Minutes:

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

Note – The Planning Officer presented Planning Application No. SL/2021/0101 and Planning Application No. SL/2021/0102 simultaneously as both related to the same site, Kendal Rugby Union Football Club, Mint Bridge, Shap Road, Kendal.

 

The Planning Officer presented Planning Application No. SL/2021/0101 and SL/2021/0102. Planning Application No. SL/2021/0101 sought a proposal to vary Condition 19 (Opening Hours) attached to planning permission No. SL/2015/0016.

 

Planning Application No. SL/2021/0102 sought full planning permission for the change of use from training pitches to training pitches and seasonal camping (01 May to 31 August).

 

There were late representations submitted by the applicant; a noise management plan had been added to the conditions that applied solely to the camping area. The Planning Officer highlighted that the site would potentially be used for Kendal Mountain Festival. However, it was not within the remit of planning permission to condition that use, the proposal will be limited to the dates within the condition.

 

Note – Councillor Archibald joined the meeting at 2.19p.m., however not with voting rights.

 

Vehicles were only allowed to be stationed on the site for loading and unloading. However, the noise management plan stated that campervans would not be able to park their vans in the camping area. At present, and within the conditions, no vehicles, campers or campervans would be allowed, only tent pitches.

 

The noise management plan, although not an exhaustive list prohibited amplified music, barbeques and pets. Staff would monitor the campsite when it was in operation. The Planning Officer understood this was sufficient to mitigate the noise impact on other residents. The Planning Officer recommended that both applications should be approved subject to conditions.

 

Mark Kerr, a local resident, addressed the Planning Committee in objection of the application. He highlighted concerns that Sports England had raised in relation to waste management, a lack of firefighting equipment on site, failure to prevent drug use and failure to limit the site to only family campers. Dr.Kerr maintained that false statements had been made to the Council. Namely, that there had not been any complaints made against the site, which Dr.Kerr stated, was inaccurate. Dr.Kerr ended his representation by stating the application should be refused or deferred.

 

Sophie Crewdson, whom lived adjacent to the site, addressed the Committee in objection to the application. Mrs. Crewdson highlighted camping had already taken place since May of this year and that the noise report did not reflect the reality of the situation. Issues were beyond inacceptable noise impact due to their being no limitation on the site to families; there had regularly been large groups of people camping at the site. She drew Members’ attention to the fact that she felt unsafe over recent weekends, having to make two calls to the Police. She highlighted to Members that there had been no available contact to report the complaints to at the Club.

 

Christopher Crewdson, whom lived adjacent to the site, addressed the Committee in objection to the application. He began his representation by stating he had previously welcomed the presence of the Rugby Club and that he was a member of the Club prior to COVID-19. However, there was now disturbance and noise at the site due to inappropriate and unsupervised camping. He drew Members’ attention to the fact that the site was still in operation past the 56 days of agreed operation. Mr.Crewsdon indicated there should be a fully manned reception facility with supervision of camping pitches, which would ensure vehicles are not parked on the site and that any unruly campers should be removed.

 

Harry Tonge, the applicant’s agent, addressed the Committee on behalf of the applicant. His address understood the concerns about noise hence the proposed implementation of the noise management plan. Mr.Tonge highlighted to Members that at no stage had the Police or Environmental Health contacted the club. He addressed concerns that the Balcony use of the Club related to other activities occurring on at the site and provided reassurance that the only access campers had to the Club was to the toilets and showers.

 

The Planning Officer drew Members’ attention to the fact that today’s Committee was about adding conditions to the site and supervising these conditions. He also clarified that Sport England did not raise any objections to the proposal. He explained that the Council could take enforcement action should any of conditions and planning permission not be complied with. The Planning Officer provided a summary of the proposed conditions, which included an imposed curfew at 11.00pm, a ban of electronic music, no pets, fires or BBQs, no same sex group bookings and that no drunk or disorderly behaviour would be tolerated. He advised Members that the noise management plan would address a number of the issues raised by local residents; if the application was approved then enforcement action could be taken if any of the conditions were breached.

 

The Planning Officer responded to questions around the addition of a check-in process and night-time contact number being added to the conditions, he stated that the noise management plan could be amended to address these considerations.

 

The applicant’s agent addressed questions on the access of the Club House during the hours of 11.00.p.m. to 8.00.a.m. He clarified that there was an external door and that all of the other doors could be locked, the door to the toilets and showers had a fob and that users were unable to have access to the remainder of the Club House.

 

Questions were raised by Members on the how the noise management plan would be monitored as the campsite would have to be monitored during operation. Members expressed that it would be unacceptable for residents to monitor the noise on behalf of the Club. The applicant’s undertook to check this point with the Club.

 

The Planning Officer also clarified that in relation to Condition 6, anything outside of this operation would be against the conditions. Lastly, he also clarified that any same-sex booking without families would be made aware of the rules of the site.

 

A motion to grant the planning application was proposed and seconded and it was

 

RESOLVED – That the application be granted, subject to the conditions outlined below:-

 

Condition (1) No development shall take place other than in complete accordance with the following plans and documents:

 

·         Drwg No 306-44 Site Location Plan;

·         Drwg No 306-28 C Topographical Survey;

·         Drwg No 306-39 H Site Plan as Proposed;

·         Drwg No 306-29 F Proposed Clubhouse Floor Plans;

·         Drwg No 306-41A Proposed Clubhouse Floor Elevations;

·         Drwg No 306-46 Site Sections;

·         Drwg No 306-48 Catch Net Plan;

·         Drwg No 2019/3 Landscape Proposals;

·         Design Ref UKS9667 External Floodlighting;

·         Drwg 130901/05 Rev B Proposed Access Arrangements;

·         Drwg 130901/10 Rev A Wider Highway Network details;

·         Dnwg No 2519/4 and No 2519/5 Landscaping Plan;

·         Air Quality Statement, dated 30 October 2015;

·         Noise Impact assessment (P15-558-RO1-V1);

·         Dnwg 2756/EX1 and UKS9667 Lighting Scheme;

·         Junction Details (5977 H600 Rev C);

·         Cycle Path (5977 H600 Rev G);

·         Drainage Scheme, date received 8th April 2016;

·         Proposed materials, date received 8th April 2016;

·         Dnwg 306-39J Floor Levels;

·         Air Conditioning Details, date received 11th November 2016;

·         Vehicle Control Barrier Details, date received 11th November 2016;

·         Drawing No: 306-137 Rev C UPVC Window Details and Full Window

·         Schedule;

·         Drawing No: 306-138 Rev D Aluminium Window and Entrance Door Details;

·         Drawing 2519/4 Rev E & 2519/5 Rev D Hard and Soft Landscaping;

·         Drawing No: 306-110 Rev N Location of Bike Racks;

·         Drawing No: 306-151 Rev J Location and Number of Bike racks;

·         Travel Plan, date received 9th January 2017;

·         Noise Management Plan, date received 17/05/2021.

 

Reason: For the avoidance of doubt and to define the permission.

 

Condition (2) All walls of the building to be stone faced shall be built from random coursed natural limestone similar in colour and of similar texture to stone quarried within the County of Cumbria.

 

Reason: To ensure a satisfactory appearance of development in accordance with Policy CS8.10 of the adopted South Lakeland Core Strategy.

 

Condition (3) The roof of the building shall be covered with slate coloured metal profile sheeting.

 

Reason: To ensure a satisfactory appearance of development in accordance with Policy CS8.10 of the adopted South Lakeland Core Strategy

 

Condition (4) No air conditioning, extraction or ventilation units or any other ancillary plant shall be installed unless precise details of its location, dimensions, appearance and noise output have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: For the avoidance of doubt, in the interests of residential amenity and to ensure a satisfactory standard of development in accordance with Policy CS8.10 of the adopted South Lakeland Core Strategy

 

Condition (5) The use of the balcony shall not take place other than between the following hours:-

08:00 - 22:00 hours Sunday to Saturday.

 

Reason: To safeguard the amenity of the neighbouring residents in accordance with the National Planning Policy Framework.

 

Condition (6) The use of the clubhouse (excluding the toilet and shower facilities) and grounds (excluding the land used for seasonal camping until 31 August 2022) shall not take place other than between the following hours:-

08:00 23:00 hours Sunday to Thursday

08:00 Midnight Friday and Saturday

 

Reason: To safeguard the amenity of the neighbouring residents in accordance with the National Planning Policy Framework.

 

Condition (7) The car park area should not be used for any purpose other than the parking of vehicles between 23.00 and 08.00 hours.

 

Reason: To minimise the impact of noise to safeguard against the development

having a significant adverse impact upon the residential amenity at nearby properties.

 

Condition (8) Floodlighting provided for use on the training pitch shall not be used other than between 10.00 and 21.30 hours.

 

Reason: To minimise the visual impact of light emitted from the site on neighbouring light sensitive locations, and in the interests of visual amenity.

 

Condition (9) The visibility splays shown on Drwg 130901/05 Rev B Proposed

Access Arrangements, shall be maintained free of any obstruction over 1 metre in height above the adjacent carriageway.

 

Reason: In the interests of highway safety in accordance with Policy CS10.2 of the adopted South Lakeland Core Strategy

 

Condition (10) The parking spaces shall be used solely for the benefit of the spectators and visitors of the rugby club and seasonal camping use, and for no other purpose.

 

Reason: In the interests of highway safety.

 

Condition (11) The herby approved development shall be conducted in accordance with the approved Noise Management Plan (date received 17/05/2021).

 

Reason: In the interest of residential amenity in accordance with Policy DM1 of

the Development Management Policies Development Plan Document and Para 127 of the National Planning Policy Framework.

Supporting documents: