DEVELOPMENT CONTROL COMMITTEE – 21 AUGUST 2008

PART I – DELEGATED

9. 08/0806/RSP– Part Retrospective: Multi use games area with floodlighting for employees at Croxley Business Park, single storey garage / store Outbuilding, new access road, and road lights on land at CROXLEY GREEN BUSINESS PARK, HATTERS LANE, CROXLEY GREEN WD18 8YU for MrSimon Bateman on behalf of Greenhills

(DCES)

Parish: Croxley Green / Ward: Croxley Green South
Expiry Statutory Period: 12 August 2008 / Officer: Laurence Moore

This application has been called to Committee by Croxley Green Parish Council.

1.Relevant Planning History

1.18/649/87 - Provision of recreational facilities including trim trail, kick about area, tennis courts, five-a-side football pitch, changing room and parking spaces at land at the Croxley Centre. Planning permission granted October 1987.

1.28/517/88 - Erection of building for use as recreation facility at Croxley Centre. Planning permission granted July 1988.

1.38/348/92 - Renewal of permission for the provision of recreational facilities including trim trail, kick about area, tennis courts, five-a-side pitch, changing rooms and car parking. Planning permission granted July 1992.

1.497/0470 - Replace existing building with a residential development consisting of 283 dwellings accessroads car parking and landscaping at Byewaters/Watermark Development. Planning permission granted January 1998. Implemented.

2Detailed Description of Proposed Development

2.1The application site lies in the Metropolitan Green Belt and Central Landscape Area. It is located to the east of Croxley Common Moor Site of Special Scientific Interest, to the north west of CroxleyBusinessPark, and to the south and east of the Byewaters residential development. The site is bounded by the River Gade to the east and north. Trees generally line the riverbank.

2.2Access to the site is achieved through the CroxleyBusinessPark to the south of the office building known as Wingfield Court. The access already serves a landscaping yard. The site has been partly cleared in the centre and levelled with bunds constructed to the north and west sides of the site. The bunds are generally 2m high.

2.3The application seeks full planning permission for the creation of a multi use games area. According to the applicant’s Design and Access Statement the games area would accommodate five-a-side football, netball, and mini soccer for the promotion of health and fitness of the office workers at CroxleyBusinessPark. It is intended that the employees only at CroxleyBusinessPark shall use this facility during the lunch period and after work.

2.4The development consists of macadam and polymeric surface pitch measuring 37 metres long by 18.5 metres wide with 6 goalpost recesses. A 3 metre high tight weld mesh fence is proposed to surround the pitch. 4 floodlight columns 10 metres high are proposed to provide lighting to the games area. Each column would have 3 no. 250Watt floodlights with full cut off luminaires mounted horizontally. A grasscrete surface is proposed to be provided for general car parking area for players and spectators. The access road would be upgraded and extended with lighting alongside the road. The lighting columns along the road and car park area would be 6 metres high with 1 no. 50 Watt lamp with 5 degree tilt. In total, 8 road lights are proposed.

2.5A garage / store is proposed to the south of the car park area. It would be 6.2 metres by 6.2 metres square with a 5 metre high ridge roof. It would be used to store equipment such as netball posts, nets, deck chairs and the park’s road sweeper.

3.Consultation

3.1.1Environment Agency – object for the following reasons:

1.The flood risk assessment does not adequately consider the flood risk. The applicant has failed to demonstrate that the flood risks resulting from this development can be safely managed.

Resolution – The applicant needs to submit a flood risk assessment that fully considers the flood risk at this site in line with PPS25: Development and flood risk.

2.The proposals include development in close proximity to the River Gade. This will prejudice flood defence interests and adversely affect the character of the watercourse and restrict necessary access to the watercourse for maintenance.

Resolution – The pitch and the access road should be repositioned so that a minimum 8 metre wide ‘buffer zone’ is established to the watercourse.

3.The Environment Agency objects to the proposed development due to the impact of light pollution on the ecosystem of the river and its corridor.

Resolution – This objection may be overcome if the light pollution was reduced either by moving the development away from the watercourse or eliminating the light spill from it. Lighting levels within 8 metres of the top of the bank of the River Gade should be maintained at existing background levels (a lux of 0-2).

3.1.2Herts & Middlesex Wildlife Trust - recommend application be refused on insufficient information and that further investigations are carried out for possible breaches of the Wildlife and Countryside Act 1981 and the Conservation (Natural Habitats) Regulations 1994 for the following reasons:

No ecological survey of the site itself was undertaken prior to clearance in spite of its position adjacent to a site of national importance, and hence this site may have provided ecological overspill for many species using the adjacent SSSI including protected species as well as rare flora and invertebrates.

According to the precautionary principle outlined in PPS9 it must be shown that this proposal will not harm the adjacent site. This has not been attempted and considers that aspects of this proposed development may degrade the adjacent SSSI including:

Lighting: floodlighting of the pitch and new roadside lighting could negatively affect nocturnal wildlife in the adjacent SSSI.

Pollutants: potential drainage of run-off into the SSSI from the proposed polymeric surface and other building materials.

Leaching / alterations to ground water and drainage from dumped soil to create proposed grass mounds – which has already taken place.

Machinery, noise vibrations and dust will have a negative impact on the ecology of the adjacent SSSI.

3.1.3Herts Biological Records Centre - do not hold any data on the application site, though it was known to support an area of rough grassland and somewhat disturbed ground with some shrubs and trees along the river edge, subsequent to its closure as a railway route. Unfortunately the site has recently been disturbed by topsoil stripping and dumping prior to the ecological survey carried out as part of the current application. The ecological importance of the site has therefore been degraded by this disturbance.

The site of the proposed development lies adjacent to a SSSI, which is also a Local Nature Reserve and County Wildlife Site. There are a number of biodiversity issues concerning the proposed development:

1.The impact of the games area and access road on the River Gade Corridor and the SSSI / Wildlife site. The proposed games area and access road are in very close proximity to the river corridor and greatly narrow the river corridor at this point. A buffer of semi natural habitat alongside the watercourse is essential for a number of reasons.

2.The impact of the proposed lighting on the river corridor and SSSI / Wildlife site. Research has shown that wildlife suffers many of the same effects as human beings by light pollution.

3.The disruption of the green corridor along the river by the proposed development. The proposal site is part of a green corridor or finger along the River Gade and GrandUnionCanal linking the SSSI with a large area of scrub through to CassioburyPark and beyond. At present there is only one main disruption along the green corridor, at the Rickmansworth Road. The proposed development will cause a further break in this green corridor and will probably have its greatest impact when floodlighting is in use.

4.The presence of Japanese Knotweed on the site. This is an invasive weed species which is prohibited under the Wildlife and Countryside Act. A detailed method statement for the removal or long term management of Japanese Knotweed present on the site will need to be submitted and approved in writing by the Local Planning Authority before any development commences.

Very concerned about the possible impacts on the SSSI and the river corridor and as the applicant has not shown that the proposals sufficiently mitigate against loss of biodiversity, recommend that this application is not approved.

3.1.4Natural England - is content that the proposed development should have no adverse impact on the nearby Croxley Common Moor SSSI. Based on the information provided, Natural England has no objection to the proposed development in respect of legally protected species as we are not aware that they are likely to be affected by it. Note the recognition of Japanese knotgrass across much of the site. The need for a management plan to regulate the careful removal of this species is strongly endorsed. The applicant should be informed that planning permission if granted does not absolve them from complying with the relevant law.

3.1.5Landscape Officer - a number of concerns are raised as the site shares a boundary with a designated SSSI. Concerns are raised that the earth bunding which already exists has been positioned within the root protection areas of trees along the boundary. Protective measures need to be applied. It is noted that there is a large amount of Japanese Knotweed situated along the boundary of the site with the River Gade. Great care must be taken to ensure that Japanese Knotweed does not spread to the SSSI. Require further information regarding the importation, exportation of soil, change in landscaping levels and strategies for dealing with contaminated soil. Also require further information regarding the hard and soft landscaping scheme with emphasis on tree planting and boundary treatment to include the SSSI and River Gade. Suggest conditions for landscaping details, no trees to be felled / lopped, tree protection and method statement.

3.1.6Hertfordshire Highways - no objection if the use of the games area is restricted to employees at the CroxleyBusinessPark as it is considered that this would not materially increase traffic movements onto the adjacent highway.

3.1.7Sport England– support the principle of this planning application.

3.1.8Croxley Green Parish Council – object on grounds of excessive light pollution, ambient noise pollution from people at the site, the detrimental impact on the visual amenity of local residents; it totally contravenes the view and is an incongruous development on land immediately adjacent to a Site of Special Scientific Interest.

3.2Site/Press Notice

3.2.1Yes. Overall expiry date 25 July 2008.

3.3Neighbourhood

3.3.1Number consulted: 49

Number of responses:66 (including Friends of Croxley Common Moor, and‘Keep Croxley Green Group’).

4.Summary of Representations

4.1Sited too close to residential properties 20 metres away. Light pollution. Lighting is taller than houses. Noise pollution from players, spectators, coaches, cars and the objects. No toilet facilities leading to unsocial behaviour. Felling of trees. Affects right of easement. Site is surrounded by the River Gade. Applicant has failed to provide geological and soil reports. Car parking is insufficient. Fencing is not suitable to contain 5 aside football. Loss of green lung and impact on wildlife. Spectator seating from sand seating mounds is not suitable. Fire hazard to the Moor. Noise from plant and machinery to construct the proposal. Inaccuracies in the planning application.No environmental impact assessment. No approvals have been given prior to the application being submitted from the Environment Agency, British Waterways Board, Moor Park Conservation Trust, Friends of Croxley Green and Three Rivers District Council. Health and Safety issues. Balls etc falling into the river. Adverse effect on the flora and fauna of the SSSI. Adversely affect the peace and tranquillity of the area. Adverse visual impact due to location in green belt, visible from residential properties, incompatible with riverside setting. Lack of mitigating benefits. No flood risk assessment. No ecology survey. Not for general public use. Loss of privacy. Cut off natural corridor for wildlife. Other facilities exist within the area.

5.Reason for Delay

5.1Committee cycle.

6.Relevant District Plan Provision

6.1Metropolitan Green Belt. Proposed Cycle Route. Central Rivers Landscape Area.

6.2Policies GEN1, GEN1a, GEN 4, GEN7, GEN8, N1, N2, N3, N4, N5, N13, N15, N16, N17, N18, N23, GB1, D1, D6, D7, D8, D9, E1, T7, T8, T9, T10, T11, L1, L2, L3, L7, L13, L14 and Appendix 1 of the Three Rivers Local Plan 1996 -2011.

7.Analysis

7.1Introduction

7.1.1The site lies within the Metropolitan Green Belt. The purposes of including land in the Green Belt are to check the unrestricted sprawl of large built up area; prevent neighbouring towns from merging; to safeguard the countryside from encroachment; to preserve the setting and special character of historic towns and to assist in urban regeneration by encouraging the recycling of derelict and other urban land. The site is adjacent to the Croxley Common Moor SSSI that also enjoys status as Common Land, Local Nature Reserve, and Wildlife Site. The River Gade forms the site boundary and on the north side of the River Gade lies residential development in the Byewaters Estate.

7.1.2According to the planning history for the land, planning permission was granted in 1987, 1988 and 1992 for the use of the land for recreational purposes to serve the CroxleyBusinessPark. It appears that those planning permissions have never been implemented. Whilst the planning history for the site is a material consideration, the circumstances to which the site relates has significantly changed since the grant of planning permission in January 1998 for the subsequent development of residential homes on the Byewaters Estate. Furthermore, there have been changes in planning policy since 1992 which relate to the type of development proposed and to the sites surroundings. The nature of the proposals contained within this application with the introduction of lighting, and fencing is materially different from what was previously granted permission more than 15 years ago.

7.1.3The Local Plan identifies all weather pitches as being built sports development. Policy L3 of the Local Plan requires proposals for new sports development which add to the variety of provision in Three Rivers will be encouraged if located in the main urban areas, subject to the protection of residential amenity and the character of the area.

7.2Design and Access Statement & Environment Statement

7.2.1The applicants have submitted a Design and Access Statement. Whilst the Statement is brief it does address the following headings: Site and Surroundings; The Proposals, Design and Appearance.

7.2.2In terms of its scope the Design and Access Statement does not cover the principle headings as set out in the CABE advice – “Design and Access Statements: How to write, read and use them”. However, it does give adequate information with regard to the proposed development.

7.2.3The Design and Access Statement is a tool for applicants to explain their development proposals. Whilst there are matters of detail in the statement that have been subject to comments from third parties, in terms of its scope the Design and Access Statement has provided explanation of the proposed development and furthermore it does address the matters that are expected to be included for a development of this nature.

7.2.4The applicant has submitted a Phase 1 Environmental Statement. This only addresses the site itself. Within its conclusions it does state that the site lies within an environmentally sensitive area within an area of adopted Green Belt, within 10m of a SSSI and nearby to a river. There are no ecologically sensitive receptors identified on the subject site but care will be needed during the development to prevent damage to the surrounding land. The presence of Japanese Knotweed on the site will mean that Japanese Knotweed Management Plan is required. It does also state that advise should be sought from the Local Planning Authority with regard to the requirement of additional assessment of this site.

7.2.5The submitted Environment Statement and the Design and Access Statement have not identified the impact of the proposed development either on the Metropolitan Green Belt, the SSSI, the River Gade, or residential properties. No lighting assessment has been included, no noise assessment has been undertaken, and no ecology assessment of the adjacent SSSI has been undertaken. A transport assessment has not been undertaken. In view of this, the application fails to meet the requirements of Policy GEN7 of the Local Plan.

7.3Green Belt

7.3.1The development proposed is not considered to be appropriate development in the Metropolitan Green Belt as it would conflict with the purposes of including land in the Metropolitan Green Belt in that due to the nature of the proposed application it results in development that is typically urban in its function, character and appearance. However, it must be noted that when planning permission was granted in 1987, 1988 and 1992, the site was in the green belt then. What is different is that this application proposes an access road that is lit by eight 6 metre high lighting columns and that the games area will be enclosed by 3 metre high tight fencing and also illuminated by four 10 metre high floodlighting columns and lamps.