Agenda item

Application to vary condition 20 (Ballcourt Playspace Management and Maintenance Strategy) and 28 (Opening hours of ballcourt and associated floodlighting) of planning permission P2016/0391/S73 which granted permission for (summary): Demolition of existing two-storey residential building and 81 garages to allow for 70 new homes across 9 infill sites; alterations and extension to ground floor of Threadgold House to create a residential unit and community rooms; a part two, part three-storey terraced row facing Wall Street; a part single, part three and part four-storey extension to the north east corner of Ongar House; a four-storey extension to the west elevation of Ongar House; a three storey terraced row replacing Romford House; a four-storey block between Warley House and No.53 Mitchinson Road; part single, part two-storey terraced row to the end of Warley House; provision of new green space and sports/play facilities, including new ball court, cycle storage, public realm improvements across the estate; and relocation of Baxter Road to the front of Romford House; and associated amendments including increase in overall building heights.

CHANGES NOW PROPOSED: To extend the opening hours (including floodlighting) by 1.0 hour to 9.00pm.

(Planning application number: P2017/2621/S73)

In the discussion the following points were made:

·         The Planning Officer informed Members that the application seeks to vary the condition of hours that had been conditioned when planning permission was granted in 2015, that it seeks to extend the opening hours (including floodlighting) by 1 hour to 9.00pm.

·         Members were advised that petitions both in support and objection to extending the use of the ball court by an hour had been received.

·         The Planning Officer advised that the relocation of the ball court in closer proximity to neighbouring residents would act as a natural surveillance and potentially improve the security of the facility. In addition the Officer reminded Members that the ball court lies within a wider public amenity area which is accessible at any time of the day and night.

·         Neighbouring residents highlighted a number of concerns such as noise pollution impacting on their private amenity and light pollution as a result of the proposed flood lights. Residents were concerned that the applicants were seeking to overturn a planning condition (to close the ballcourt at 8pm) that the Committee had imposed when planning permission was agreed in January 2015 to protect the amenity of the neighbouring residents.

·         The objectors were concerned that extending the opening hours would be detrimental to the peace and wellbeing of residents and also to the occupants of the new block which was currently being built for the over-55s.

·         In response to the objectors concerns about extending the hours of use, the applicant advised Members that closing the court at 8pm had resulted in a reduction in the amount of time available, with the result that it was causing tension and possible conflicts with the different groups wanting to use the ball court. Members were advised that the decision to revert to the original opening hours (9pm closing time) would address the demands of the various groups.

·         Members welcomed the applicant’s suggestion to reconsider ways to address resident’s concerns about light spillage from the proposed flood lights and requested that condition 29 be reworded to ensure that the applicant resubmit a scheme to reconfigure the flood lights in consultation with residents and its impact assessed before implementation.

·         A suggestion that condition 28 be revised so that the applicant demonstrates a coherent plan that the park is closed and flood lights are switched off at 9pm was agreed.

Councillor Kay proposed a motion to grant planning permission subject to amended conditions 28 and 29 noted above. This was seconded by Councillor Nicholls and carried.

RESOLVED:

That planning permission be granted subject to the conditions and amended conditions above set out in Appendix 1 and subject to the prior completion of a Deed of Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1 of the officer report.