Application Number 19/00540/FUL

Site Address Cripplegate Park , Tybridge Street, Worcester, WR2 5BA

Description of Development

Upgrading of tennis courts and installation of a floodlighting system.

Case Officer Colin Blundel Applicant Mr Warwick Neale

Ward Member(s) St. John Ward Agent Mr Warwick Neale

Reason for Referral to Committee

Development proposed by the City Council

Expiry Date

25 October 2019

Key Issues The principle of development and whether the proposal would be sustainable form of development having regard to the 3 dimensions of sustainable development in terms of its economic role, social role and environmental role.

Web link to application https://plan.worcester.gov.uk/Planning/Display/19/00540/FUL

Recommendation The Deputy Director of Economic Development and Planning recommends that the Planning Committee grants planning permission, in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992 , subject to the conditions set out in section 9 below.

1. Background

1.1 The application was registered on 8 August 2019 and was due for a decision on 3 October 2019. An extension of time for the determination of the application has been agreed until 25 October 2019 to allow for determination by the Planning Committee.

1.2 The application has been referred to the Planning Committee in accordance with the adopted Scheme of Delegation on the following grounds:

The application is for development by the City Council.

2. The site and surrounding area

2.1 The site is located in Cripplegate Park, which is located in the St John Ward and immediately to the west of the City Centre and the River Severn. The application relates to existing tennis courts located close to the southern edge of the park and to New Road.

2.2 The site is located within the Riverside Conservation Area and the Green Space Network.

2.3 It is also located within Flood Zone 3, which has a high risk of flooding.

Location Plan

3. The proposals

3.1 The proposed development is the upgrading of tennis courts and installation of a floodlighting system. The existing tennis courts are in a poor state of repair and several of them are unusable following their use as the construction compound for the New Road flood alleviation works. The proposal is to reduce the number of courts from 6 to 5 and to resurface them and replace boundary fencing.

3.2 In order to increase the hours that the courts could be used it is proposed to install floodlighting. It is proposed to install 12 lighting poles, each being 12m high. The height is required to meet the standards of the Lawn Tennis Association, who are providing funding for the refurbishment. Each pole would have a cluster of downward facing LED lights, which would be fitted with baffles to reduce light spillage into the surrounding park.

3.3 In support of the application, the following statement has been submitted:

“There is an identified strategic need for further tennis assets in the City. In 2010 Worcester City Council commissioned an extension to the Worcester City Playing Pitch Strategy July 2010 to consider the requirements for outdoor tennis courts and multi use games areas (MUGAs) for the period up to 2026. The report identified that with predicted housing growth, Worcester will generate the need for new courts and greater access to court availability.

In response to this needs assessment Worcester City Council formed a local tennis network with other court facilities in the area and were successful in applying for funding

from Lawn Tennis Association (LTA) to improve existing tennis facilities in order to increase the capacity for people to play tennis. Increasing the available time for people to play on the courts, when natural light is too poor, is legitimately recognised by the LTA as one way to achieve this. Worcester City Council is also advertising the opportunity for a third party to manage the courts, providing coaching opportunities and encouraging participation. The applicant has stated that the flood lights will only work until 9pm and each court will be independently lit and only lit up when paid for through a user booking

Standards

In order to meet the requirements of the LTA funding the courts have to meet the minimum requirements. The recommended light level is 500lux and minimum light levels permitted 400lux across the tennis courts and 300lux 4.5m from the base-line and 2.5m from the side-lines.

These levels need to be achieved with a maintenance factor of 0.9 with a uniformity of 0.7. The levels should be achieved on each court when lit alone. The lights will be LED and provide a focussed light onto the courts, minimising light pollution to the wider park.

Due to the need for consistent light levels, the height at which the lighting is set affects the distance light then spills onto neighbouring land, see diagrams a below. Typically lighting columns are 6-8m high, but due to the sensitivities around light pollution we have chosen 12m columns to minimise light entering into the surrounding park.”

3.4 The application is accompanied by a full set of plans together with a suite of supporting documents that include:

Location Plan Light Impact Assessment

Flood Light SpecificationsLandscaping Plan

Bat Survey Report by Focus Ecology Limited (July 2019)

3.5 In accordance with Article 15 (7) of The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended), full details of the application have been published on the Council’s website. As such, Members will have had the opportunity to review the submitted plans and documents in order to familiarise themselves with the proposals prior to consideration and determination of the application accordingly.

4. Planning Policy

4.1 The Town and Country Planning Act 1990 (‘the Act’) establishes the legislative framework for consideration of this application subject to the provisions of the Town and Country Planning General Regulations 1992. Section 70(2) of the Act requires the decision-maker in determining planning applications/appeals to have regard to the Development Plan, insofar as it is material to the application/appeal, and to any other material consideration. Where the Development Plan is material to the development proposal it must therefore be taken into account. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the application/appeal to be determined in accordance with the Plan, unless material considerations indicate otherwise.

4.2 Paragraph 200 of the NPPF states that “Local Authorities are called to look for opportunities for new development within conservation areas and the setting of heritage assets to enhance or better reveal their significance” and that “Permission should be refused for development of poor design that fails to take the opportunities available for

improving the character and quality of an area” (paragraph 130). This is further reflected in South Worcestershire Development Plan policies SWDP 6 and SWDP 24 which seek to protect and enhance designated and non-designated heritage assets and guide against development that would cause substantial harm to the significance of any heritage asset and policy SWDP 21 which sets generic design principles for development proposals.

4.3 Policy SWDP 21 requires that all development will be expected to be of a high design quality and integrate effectively with its surroundings and that development proposals must complement the character of the area. Furthermore, proposals should respond to surrounding buildings and the distinctive features or qualities that contribute to the visual and heritage interest of the townscape, frontages, streets and landscape quality of the local area and states that the scale, height and massing of development must be appropriate to the setting of the site and the surrounding landscape character and townscape, including existing urban grain and density.

4.4 The key legal provisions relating to the consideration of heritage assets in the planning system are s72 (1) and s66 (1) of the Planning Listed Buildings and Conservation Areas Act 1990 which state that “special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area” and “have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses”.

4.5 The Development Plan for Worcester now comprises:

The South Worcestershire Development Plan (SWDP) which was adopted February 2016, and;

The Worcestershire Waste Core Strategy, which was adopted on December 2012.

South Worcestershire Development Plan

4.6 The following policies of the SWDP are considered to be relevant to the proposal:

SWDP6 Historic EnvironmentSWDP21 DesignSWDP24 Managing the Historic EnvironmentSWDP38 Green SpaceSWDP 37 Built Community Facilities

The Waste Core Strategy for Worcestershire - Adopted Waste Local Plan 2012-2027

4.7 The Waste Local Plan was adopted by Worcestershire County Council on 15 November 2012 and is a plan outlining how to manage all the waste produced in Worcestershire up to 2027. The following policies are relevant to this application:

WCS1 (Presumption in favour of sustainable development) WCS3 (Re-use and recycle)WCS17 (Making provision for waste in new development)

Material Considerations

1. National Planning Policy Framework

4.8 The latest version of the National Planning Policy Framework (NPPF) was published and came into effect in February 2019. The NPPF sets out the Government's planning policies for England and how these are expected to be applied. It constitutes guidance

for local planning authorities and decision takers and is a material planning consideration in determining planning applications.

4.9 The NPPF outlines a series of considerations against which delivering sustainable development should be assessed. Paragraph 186 of the NPPF encourages Local Planning Authorities to approach decision taking in a positive way and to foster the delivery of sustainable development. LPAs are advised at paragraph 187 of the NPPF to look for solutions rather than problems and decision-takers are asked to approve applications for sustainable development where possible.

4.10 The Government believes that sustainable development can play three critical roles in England: an economic role, contributing to a strong, responsive, competitive economy; a social role, supporting vibrant and healthy communities; and an environmental role, protecting and enhancing our natural, built and historic environment.

2. National Planning Practice Guidance

4.11 On 6th March 2014 the Government also published National Planning Practice Guidance (NPPG) that has been updated in the meantime and comprises, amongst other matters: Design, Determining a planning application, Health and Wellbeing, Noise, and Use of Planning Conditions.

3. Supplementary Planning Documents

4.12 The following Supplementary Planning Documents are relevant to the application proposals:-

South Worcestershire Design Guide DPD

The Design Guide DPD was adopted on 5th March 2018 and replaces the previous Supplementary Planning Guidance Note 3: Design (SPG3). Both documents encourage high standards of design for development proposals in accordance with the aims and interests that the NPPF seeks to protect and promote in this regard. The Design Guide is consistent with the planning policies in the SWDP.

Planning for Health in South Worcestershire SPD

The Planning for Health SPD primarily focuses on the principal links between planning and health. It provides guidance and interpretation of the SWDP from a public health perspective. The SPD addresses following nine health and wellbeing principles:

Sustainable development Urban form - design and the public realm Housing and employment Age-friendly environments for the elderly and those living with dementia Community facilities Green infrastructure and play spaces/recreation Air quality, noise, light and water management Active travel Encouraging healthier food choices

4. Worcestershire’s Local Transport Plan (LTP4) 2018 – 2030

4.13 LTP4 set out issues and priorities for investment in transport infrastructure, technology and services, focussed on supporting travel by all modes. In accordance with national and local objectives, a series of local transport-specific objectives are identified in the LTP4:

“To support Worcestershire’s economic competitiveness and growth through delivering a safe, reliable and efficient transport network.

To limit the impacts of transport in Worcestershire on the local environment, by supporting enhancements to the natural environment and biodiversity, investing in transport infrastructure to reduce flood risk and other environmental damage, and reducing transport-related emissions of nitrogen dioxide, particulate matter, greenhouse gases and noise pollution. This will support delivery of the desired outcomes of tackling climate change and reducing the impacts of transport on public health.

To contribute towards better safety, security, health and longer life expectancy in Worcestershire, by reducing the risk of death, injury or illness arising from transport and promoting healthy modes of travel.

To optimise equality of opportunity for all of Worcestershire’s citizens with the desired outcome of creating a fairer society.

To enhance the quality of life for Worcestershire’s residents by promoting a healthy, natural environment, for people, wildlife and habitats, conserving our historic built environment and preserving our heritage assets."

5. Worcestershire County Council Streetscape Design Guide (2018)

4.14 The ‘Streetscape Design Guide' (SDG) was produced to aid architects, engineers, planners, developers, designers and other professionals in preparing transport infrastructure related to new developments. It is to be considered in conjunction with Manual for Streets 1 and 2, as well as the Design Manual for Roads and Bridges.

4.15 Chapter 4 relates to ‘Planning for Parking’ and seeks to provide an approach as to how car parking in Worcestershire should be provided to support development in a manner which embraces the NPPF. It is considered that if the applicant is the end user that they are well placed to assess operational demands but all sites must be considered against a planning use class to ensure they equally address the needs of future users. Therefore applications should provide a suitable evidence base to ensure vehicles are not displaced onto the highway to ensure highway safety is not compromised and maintain the free flow of traffic to the benefit of the local economy. This document only reflects a small part of managing vehicle demands and therefore should be read alongside the Local Transport Plan (above) which contains policies to promote sustainable travel through the provision of physical infrastructure and travel planning initiatives.

4.16 Car and cycle parking standards are provided within the SDG which replace those contained in WCC's Interim Car Parking Standards (2016). Car parking standards for the proposed leisure facilities are not provided within the SDG. However, with regard to non-residential development proposals the SDG states that operators should have a good understanding of their needs and will determine how land under their control could be managed. Provision for car parking will be determined based on operational need. It is not anticipated that there would be any significant change from the existing car parking facilities, which consist of a public car park. The Highways Authority have not objected to the proposals.

5. Planning History

5.1 The site has been the subject of the following planning applications:

A09K0031 - Application under Regulation 11 of The Town and Country Planning Regulations 1992 for the display of 3no. National Green Flag Award flags, which are awarded annually. No objection – 10 September 2009

P09K0325 - Application under Regulation 3 of The Town and Country Planning General Regulations 1992 for erection of 3 no. six metre white glass fibre flagstaffs with internal halyard systems and gold finial and cone. Approved - 10 September 2009

P09K0339 - Application under regulation 3 of The Town and Country Planning General Regulations 1992 for retention of matrix climbing frame and erection of shade sail. Approved - 8 October 2009

An application under Regulation 3 of the Town and Country Planning Regulations 1992 for proposed flood alleviation works to improve the flood resilience of the A44 New Road was approved by the Planning and Regulatory Services Committee of Worcestershire County Council at the meeting on 5th December 2018. The scheme included use of the tennis courts as a temporary construction compound for the proposed works and made provision in kind for their restoration at the end of the construction period.

6. Consultations

6.1 Formal consultation, including display of site notices, has been undertaken in respect of the application. The following comments from statutory and non-statutory consultees and interested third parties have been received in relation to the original and amended proposals and are summarised as follows:

Neighbours and other third party comments: No comments have been received from neighbours or third parties.

Councillor Richard Sylvester (Bolton Council): Supports the proposals, which he noticed on a recent visit to Worcester, as ‘it would be beneficial to the community and would improve the facilities in the park and would add to the value of the Park and its appearance’.

Worcester City Council Archaeological Officer: No objection.

Worcester City Council Landscape and Biodiversity Adviser: “The lighting design should be plotted on a plan, together with the mitigation recommendations in the bat report, ie baffles (and the lux distribution) and the screen planting referred to. In this way the sensitive areas like the S boundary trees and T4 roost will be mitigated for as suggested. Also the curfew time for lights out should be implemented and conditioned. No objections once this mitigated design is submitted.”

Worcestershire County Council (Highway Authority): No objection.

Worcestershire Regulatory Services: No objection.

South Worcestershire Land Drainage Partnership: No comments

6.2 In assessing the proposal due regard has been given to the consultation responses as material planning considerations. Members have been given the opportunity to read all representations that have been received in full. At the time of writing this report no other consultation responses have been received. Any additional responses received will be reported to members verbally or in the form of a late paper, subject to the date of receipt.

7. Comments of Deputy Director of Economic Development and Planning

7.1 Policy SWDP1 of the South Worcestershire Development Plan sets out overarching sustainable development principles and these are consistent with the Framework. The various impacts of the development have to be assessed and the benefit and adverse impacts considered, to establish whether what is proposed is sustainable development. Taking the above matters into account I consider the main issues raised by the proposal relate to the principle of development and whether the development would be sustainable, having regard to the 3 dimensions of sustainability set out in the Framework: economic, social and environmental, in particular with regard to:

1. The economic role;

2. The social role:

- residential amenity;- community facilities;

3. The environmental role:

- design and appearance;- impact on green space;

- impact on heritage assets; - drainage and flooding;

- biodiversity and protected species; - access, car parking and highway safety; These issues will now each be considered in turn.

The Principle of Development

7.2 The application site is already in use as tennis courts and, as such, there is no objection in principle to upgrading the surfacing and new fencing. The introduction of floodlighting would create a new feature in the park, although there are already a number of streetlamps along New Road nearby. Floodlighting such as that proposed is typical of park locations and, in my opinion, is appropriate in principle.

7.3 Notwithstanding the above, it is appreciated that where new developments are introduced into urban areas, such proposals may raise problems of incompatibility with the existing scale of their urban surroundings, and also other amenity and traffic problems arising from an increase in people who may be expected to attend. As such, it is important to evaluate whether the proposals would represent a sustainable form of development.

Sustainable Development

1. The economic role

7.4 In the short term the proposal would see the creation of construction jobs for the construction period of the project and some on-going opportunities for the management and maintenance of the courts. In my opinion, this weighs in favour of granting planning permission.

2. The social role

7.5 The application site is currently in sporting use and proposes a continuation of that use with improvements to the facilities. The principle of the continued use of the site in

sporting use is therefore considered to be acceptable and the improvements to the facilities, to the benefit of the local community, are welcomed. The key aim is to provide enhanced leisure facilities and opportunities to encourage sport and healthy exercise. As advocated in the ‘Planning for Health’ SPD the submitted proposal meets the requirements for opportunities for healthy living and active lifestyles. As a consequence, it has important social roles which weigh in favour of granting planning permission. However, one must also consider the impact of the development on nearby residents and the character and appearance of the site and surrounding area.

Residential Amenity

7.6 Policy SWDP 21 requires that new development does not have a significant adverse effect on neighbouring amenity. This is consistent with paragraph 124 of the NPPF that requires planning policies and decisions, amongst other matters, to ensure a high standard of amenity for existing and future users of land and buildings.

7.7 The tennis courts are not close to residential properties, so there are no concerns in this respect. The nearest properties are the flats in St Johns, but they are far enough away so as not to be adversely affected. No comments have been received as a result of the site notices.

7.8 The introduction of the proposed development would be unlikely to give rise to potential noise and disturbance for the occupiers of the surrounding properties.

Community Facilities

7.9 The application would provide enhanced facilities of a high standard for use by the local community. The development is one of the exceptions allowed for development in Green Space under Policy SWDP 38 of the South Worcestershire Development Plan:

A. Green Space, as identified on the Proposals Policies Map, includes a range of private and public open spaces, and associated community facilities

B. Development of Green Spaces will not be permitted unless the following exceptional circumstances are demonstrated:

i. The proposal is for a community / recreational use that does not compromise the essential quality and character of the Green Space (my emphasis); or ii. An assessment of community and technical need (using recognised national methodology where appropriate) clearly demonstrates that the Green Space is surplus to requirements; or iii. Alternative / replacement Green Space of at least equivalent value to the community has been secured in a suitable location

C. This policy should be read in conjunction with policies SWDP 5, 22, 29 & 39 as any new Green Infrastructure secured under these policies will be designated and protected as Green Space.

7.10 In support of the proposals the applicant has submitted the following justification for the scheme –

“There is an identified strategic need for further tennis assets in the City. In 2010 Worcester City Council commissioned an extension to the Worcester City Playing Pitch Strategy July 2010 to consider the requirements for outdoor tennis courts and multi use games areas (MUGAs) for the period up to 2026. The report identified that with predicted housing growth, Worcester will generate the need for new courts and greater access to court availability.

In response to this needs assessment Worcester City Council formed a local tennis network with other court facilities in the area and were successful in applying for funding from Lawn Tennis Association (LTA) to improve existing tennis facilities in order to increase the capacity for people to play tennis. Increasing the available time for people to play on the courts, when natural light is too poor, is legitimately recognised by the LTA as one way to achieve this. Worcester City Council is also advertising the opportunity for a third party to manage the courts, providing coaching opportunities and encouraging participation. The flood lights will only work until 9pm and each court will be independently lit and only lit up when paid for through a user booking.”

7.11 Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and wellbeing of communities and facilitate social interaction. These spaces can provide for meetings between members of the community who might not otherwise come into contact with each other.

7.12 Policy SWDP 37 (Built Community Facilities) part A states that:

‘The provision of new community facilities or the enhancement of existing facilities will be permitted, particularly where the proposals have resulted from neighbourhood planning, subject to satisfying the sequential test in the Framework where applicable. Applicants will be required to consider whether the combining or rationalisation of existing facilities would be more appropriate than the provision of a new facility.’

7.13 A sequential analysis of alternative sites is not required in this case. The site has existing community use of sports facilities and the continued availability of the proposed facilities has been confirmed within the application. I am satisfied that the development would contribute towards the health and well-being of the community through the provision of enhanced sporting facilities.

3. The environmental role

Design and appearance

7.14 The tennis courts would be floodlit and the floodlighting is potentially the most intrusive element of the proposed development, both in terms of the visual impact and potential impact on bats as it would have a discernible impact during hours of darkness. The proposed flood lights would be 12m tall and consist of 12 lighting poles, each with a cluster of lights. Whilst the height seems very high, nevertheless 12m high flood lights would result in less light spillage than 6m or 8m high flood lights and it is also the specification required by the Lawn Tennis Association in order to gain funding.

7.15 The vistas across the application site when viewed from within the park and on approach from the public highway, particularly from the A44 New Road, will become more exposed during the autumn and winter months when the deciduous trees and some of the mature vegetation are not in leaf. This aspect of the proposals has been considered by Worcestershire Regulatory Services.

7.16 In reaching a decision in this respect I would draw to Members attention that the potential impact could and would be alleviated in a number of respects. The flood lights will only work until 9pm and each court will be independently lit and only lit up when paid for through a user booking. The flood lights would also be positioned and orientated to point downwards across the courts in order to prevent light spillage into the surrounding area. Reductions in the intensity levels can also be achieved by LED bulbs and incorporating glare baffles and cowls.

7.17 Thus, whilst it is clear that the proposed flood lights would have an impact upon the site and surrounding area, I am of the view that the mitigation measures that can be secured and the hours of use are such that this would not be beyond acceptable planning limits. In respect of the columns themselves I do not consider that the visual or physical impact from these is such that visual amenities of the site and surrounding area would be harmed. Therefore, I would not raise objection to the proposal in this respect, subject to conditions on lighting curfews .

Impact on Green Space

7.18 The site is located within Cripplegate Park, which is designed as a formal park with gardens and a significant number of mature trees, and is within an area designated as being Green Space in the SWDP wherein policy SWDP 38 applies. Both national and local policy requires development proposals to be sympathetic to their landscape setting and encourages the creation and conservation of green open spaces and green corridors within and on the periphery of settlements.

Policy “SWDP 38: Green Space states:

A. Green Space, as identified on the Proposals Policies Map, includes a range of private and public open spaces, and associated community facilities

B. Development of Green Spaces will not be permitted unless the following exceptional circumstances are demonstrated:

i. The proposal is for a community / recreational use that does not compromise the essential quality and character of the Green Space; or ii. An assessment of community and technical need (using recognised national methodology where appropriate) clearly demonstrates that the Green Space is surplus to requirements; or iii. Alternative / replacement Green Space of at least equivalent value to the community has been secured in a suitable location

C. This policy should be read in conjunction with policies SWDP 5, 22, 29 & 39 as any new Green Infrastructure secured under these policies will be designated and protected as Green Space

7.19 The existing courts are in a rundown state and clearly need to be upgraded through

new surfacing. In my opinion, this aspect of the proposals would not detract from the character or appearance of the site. However, the proposed new flood lights would introduce new tall features into the park which, as noted above, would be visible when viewed from within the park and on approach from the public highway, particularly from the A44 New Road, and would become more exposed during the autumn and winter months when the deciduous trees and some of the mature vegetation are not in leaf.

7.20 Bringing forward development on the site within Green Space inescapably creates tension with the above policy and it is accepted that there will inevitably be some impact, but that impact is of a kind which would inevitably occur at any site upon which development might occur. In my opinion, it is significant that policy SWDP 38 does not specifically preclude development. In particular, the policy allows for community / recreational uses that do not compromise the essential quality and character of the Green Space. To satisfy this requirement, there needs to be consideration of the works associated on site rather than off-site. As such, the test of acceptability cannot rest solely on either: (i) the visibility of the development or (ii) its effect on openness. It is inevitable that any new development of the site would be visible, because any new development would be visible.

7.21 Although the site is identified as part of the city’s Green Space in the SWDP, relevant policies anticipate the possibility of some development on Green Space and provide that development in such areas may be allowed should other material considerations outweigh its designation. Development within the Green Space is not restricted by policy in principle, but clearly needs to be designed with care and consideration.

7.22 Whilst the site is designated as Green Space, the proposals are not entirely inconsistent with the aims and objectives of the Green Network policies and would incorporate some new shrub planting along the southern boundary of the courts to help assimilate the courts into the landscape and provide some habitat and cover for bats using the area. In my opinion, the proposals would not have an unacceptable impact on the designation of the site as Green Space.

Impact on heritage assets

7.23 The site is located within the Riverside Conservation Area, which is largely designated for its natural environment. There are no listed buildings in Cripplegate Park. The proposals should be considered against Policies SWDP 6 and SWDP 24 of the South Worcestershire Development Plan 2016, which are consistent with Chapter 16 of the NPPF in that they seek to protect and enhance designated and non-designated heritage assets and guide against development that would cause substantial harm to the significance of any heritage asset.

7.24 In accordance with the NPPF at Para 193, great weight must be given to the conservation of designated heritage assets and in accordance with s72 of the Planning Listed Building and Conservation Areas Act 1990, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area..

7.25 The proposed flood lights would have a discernible visual impact on the park and would be partially visible on approach and when viewed from certain vantage points on approach from the Riverside Conservation Area. In this regard, I consider that this aspect of the proposals would have a less than substantial impact on the setting of the Riverside Conservation Area. However, I consider that the public benefits of the proposals in terms of the contribution towards the health and well-being of the community through the provision of enhanced sporting facilities would outweigh this impact in favour of the proposals.

7.26 There are no works which would require groundworks which would affect the archaeological merit of the site. As such, I consider there is not a negative aspect to the proposal in terms if the impact on heritage assets.

7.27 With the proposed development being restricted to the existing tennis court area, I do not consider there would be any detrimental impact on the Conservation Area as a result of the proposal. In my opinion, the proposal would therefore comply with policies SWDP 6 & SWDP 24 of the South Worcestershire Development Plan.

Biodiversity and protected species

7.28 Relevant legislation includes the Wildlife and Countryside Act (1981) (as amended); the Countryside and Rights of Way Act, 2000; the Natural Environment and Rural Communities Act (NERC, 2006); and the Conservation of Habitats and Species Regulations (2010) and the EU Habitats Directive. Local planning authorities have a legal obligation to consider whether European protected species are likely to be affected by a proposed development.

7.29 The Natural Environment and Rural Communities Act 2006 requires that “Every public authority must, in exercising its functions, have regard, so far as is consistent with the

proper exercise of those functions, to the purpose of conserving biodiversity.” Further, The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010), Regulation 9(5) provides that “a competent authority, in exercising any of their functions, must have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions”. A Local Planning Authority is a competent authority for the purpose of these regulations and is exercising a function in deciding whether or not to grant a planning permission.

7.30 The NPPF states that the planning system should contribute to the natural and local environment by protecting and enhancing valued landscapes and minimising impacts on biodiversity. In addition, the Framework seeks to ensure that development proposals incorporate measures for biodiversity enhancement. SWDP Policy 22 seeks to protect wider biodiversity and is consistent with the Framework in so far as the planning system is required to perform an environmental role in protecting and enhancing the natural environment.

7.31 The application is accompanied by a bat survey, which assesses the current patterns of use of the site and the surrounding park. A number of recommendations are made to mitigate the impact of the proposed flood lights. These can be summarised as follows –

Avoid illumination within areas recognised as key foraging / commuting habitat for bats – specifically the southern boundary tree line and vegetated areas in the east and west of the tennis courts.

Avoid illumination of tree T4, which was confirmed as supporting a bat roost.

Use of hoods / shades / baffles / louvres to direct lighting and avoid excessive spill into key areas. Where light sources are present along the southern boundary of the tennis courts, back lighting must be prevented. This can be done through the use of rear shields.

Use of a control management system to dim or turn off groups of lighting when not in use.

Use of appropriate luminaire specifications – please refer to the Bat Conservation Trust & Institute of Lighting Professionals (2018), page 18, for further guidance.

7.32 The report also states –

“It is considered unlikely that there would be high usage, if any, of the courts late at night. Therefore, it is recommended that a light curfew is implemented, with lighting turned off automatically at 22.00 each night. This would ensure dark and safe foraging habitats for bats and other nocturnal fauna are maintained at the site.”

7.33 Other recommendations include new planting along the boundaries of the tennis courts to provide a buffer from light spillage and a recommendation to carry out post-development monitoring of bat activity.

7.34 The proposal has sought to address these issues by ensuring that lighting is designed to point downwards and to reduce light spillage into the surrounding habitats. It is not anticipated that there would be any lighting of tree T4. The applicant has confirmed that their ecologists, having reviewed the sketch plan, are satisfied that the downward shining design of the lamps does not require the use of baffles or shields to protect bat foraging areas.

7.35 It is proposed that the lighting would be designed so that individual courts could be lit rather than all 5 courts having to be lit at the same time. A condition is recommended to ensure that lighting is switched off at 21:30.

7.36 Tree and shrub planting is proposed along the southern boundary as recommended in the report. The landscaping proposals have been outlined on a sketch plan and the applicant’s ecologist has commented that the proposals are appropriate to safeguard bat populations:

“I have reviewed the draft plan indicating the proposed lighting columns, new shrub planting and the predicted zone of illumination and I am satisfied that the lighting will allow continued foraging and commuting by bats across the key areas (e.g. tree belt along New Road and in the north-east and south-west of the park). I am also satisfied that the tree roost identified has been taken into account and that the proposed lighting and residual spillage is highly unlikely to have any significant impact upon this roost. Furthermore, the existing vegetation along the north-eastern boundary will help to buffer some of the light spillage. As such, provided that the proposed lighting scheme and planting is implemented in conjunction with a light curfew to maintain dark periods across the park for foraging bats during the night, it is not anticipated that there would be any significant change in the usage of the park by bats.”

7.37 Subject to these measures, I consider that the proposals would not give rise to unacceptably adverse impacts on the ecological and biodiversity interest of the site and, on balance, I consider that the proposal accords with the objectives of SWDP Policy 22 and guidance set down in the NPPF and relevant legislation

Drainage and flooding

7.38 The site is located in Flood Zone 3, which has a high probability of flooding. Policies SWDP 28 and SWDP 29 of the SWDP and the NPPF require consideration of flood risk and the developer to show that their development will not have an adverse impact in terms of flood risk. This aspect of the proposals has been considered in detail by the South Worcestershire Land Drainage Partnership. Whilst there is potential for the site to flood, the flood risk implications are no greater than the existing situation and the courts themselves would be resilient to flooding due to the nature of the surfacing, and would be an appropriate use within the floodplain. My view on this matter is reinforced by the lack of objection from the South Worcestershire Land Drainage Partnership.

Access, car parking and highway safety

7.39 Access to the site would be unchanged, with visitors able to use the adjacent public car park. The Highways Authority had no objection to the proposals.

8. Conclusion and planning balance

8.1 The NPPF identifies a series of the components that are considered critical to achieving sustainable development. In my opinion, the above assessment of the planning application proposals against the planning policy framework demonstrates that the application responds to, and is in accordance with, the requirements of the adopted planning policy within the development plan and material considerations relevant to the determination of the application.

8.2 Whilst the assessment is not an exhaustive list of all policies that are potentially applicable to this site, it seeks to address how the proposals respond to the key planning criteria in the planning policy framework against which the planning application will be determined.

8.3 The proposed development would result in some economic benefits; employment during construction and thereafter employment in order to operate and maintain the courts. For this role of sustainable development, the balance would clearly be in favour of granting planning permission.

8.4 With regard to the social role, the delivery of enhanced recreational facilities in this location would contribute to the healthy exercise and leisure facilities of the City. This is a factor to which I also attach significant weight. There will also be benefits in the visual enhancements which form part of the proposal.

8.5 The applicant has sought to identify potential environmental impacts from the proposal and to incorporate mitigation measures to reduce the impacts. Whilst there may be some minor residual impacts on wildlife, I do not consider that these concerns are significant enough to warrant refusal of the application.

8.5 On balance, I am of the opinion that the submitted scheme has indicated more then sufficient detail to warrant approval. In fact, it is considered that the proposal is a well designed scheme utilising the full potential of the site within a sensitive location.

8.6 I acknowledge all comments received as part of the consultation process and consider all material planning issues have been considered in the determination of this application. Having regard to the totality of the policies in the Framework, I consider that he proposed development is sustainable when looking at its social, economic and environmental credentials in the round. The adverse impacts of the development (taking into account the considerable importance and weight to be given to the less than substantial harm to the significance of the heritage assets) do not significantly and demonstrably outweigh the benefits. Overall it is considered that the proposals constitute an environmentally, socially and economically sustainable form of development that accords with the Framework and the Development Plan as a whole.

9. RECOMMENDATION

9.1 The application is recommended for approval, subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents –

Location PlanLight Impact AssessmentFlood Light SpecificationsLandscaping PlanBat Survey Report by Focus Ecology Limited (July 2019)

Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

3. All planting comprised in the submitted landscape scheme, hereby approved, shall be carried out in the first planting season following the first occupation/use of the development. All planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment. Any trees or plants that die, or are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, shall be replaced in the next planting season with others of similar size and species.

Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP 21 and SWDP25 of South Worcestershire Development Plan 2016.

4. The external floodlighting hereby permitted shall not be operated on the premises later than 21:30 hrs on any day.

Reason - To ensure the proposed development does not have an adverse effect on the character and appearance of the area or on foraging bat populations, in accordance with policies SWDP 1, SWDP 21 and SWDP 25 of South Worcestershire Development Plan.