7. 09/0216/FUL - Creation of new practice ground including regrading of land, erection of 10m high green netting with support poles and erection of single storey wooden structure to cover teeing area at MOOR PARK MANSION, BATCHWORTH HEATH, RICKMANSWORTH, HERTFORDSHIRE, WD3 1QN, for MrJon Moore, Moor Park Golf Club

(DCES)

Parish: Non Parish / Ward: MoorPark and Eastbury
Expiry Statutory Period: 16 April 2009 / Officer: Laurence Moore

The application was deferred from the Development Control Committee on 16April 2009 to enable the Committee to inspect the site. The Committee site inspection is scheduled for 16May 2009.

A response has been received from the Garden History Society – they make no comments.

The application is resubmitted for determination. There is no change to the recommendation.

1.Relevant Planning History

1.1There is an extensive planning history for the site including alterations to the building, provision of ladies changing rooms and the provision of tennis courts and floodlighting to the tennis courts.

1.2Recently applications 08/1843/FUL and 08/1844/LBC for the creation of new practice ground including regrading of land, erection of 10m high green netting with support poles and erection of single storey wooden structure teeing area were submitted but withdrawn. The current application responds to the issues raised by consultees during the consideration of these applications.

2Detailed Description of Proposed Development

2.1The site lies within the Metropolitan Green Belt. The main building on site – MoorParkMansion is a Grade I Listed Building and a HistoricPark and Garden. The site is also identified as a local wildlife site.

2.2The proposal is to use 1.25ha of land as a new practice ground for golfers. The piece of land is sited to the north east of the Mansion and currently consists of a green keeper’s materials storage compound, trees and shrubs. Within the setting of the golf course as a whole, the application site is on a fairly high land level. The land within the application site gently undulates. The practice ground would have a south west to north east axis.

2.3The proposal includes the erection of 10m high green netting supported by poles approximately 10m apart. The land would be cleared, drained, sand and top soil applied and grassed. The land would be regraded to have a smooth surface to enable golf balls to be collected. Several trees are proposed to be removed. To the south west end of the application site, a wooden structure would be constructed to provide a teeing area consisting of 8 bays. The wooden structure would be 28 metres wide, 4.88 metres deep with a projecting roof 1.2 metres beyond. It would have a mono pitch roof design approximately 2.6 metres high at the lowest point and approximately 3.9 metres high at the highest point. The roof would consist of box profile steel sheeting incorporating one translucent sheet per bay, with timber barge boards to both ends. Cladding would be attached to the low side and both ends. Horizontal shiplap boarding is proposed to a height of 1.2m with diagonal shiplap boarding above. The applicant advises that no lighting other than the interior of this building is envisaged.

2.4The applicant has identified this area as being suitable for a new practice ground as it is within a few minutes walk of the clubhouse (Mansion); is adjacent to the main car park; it has a relatively level surface; is close to existing practice chipping and putting greens and the first tee for both golf courses; and the land has the dimensions sought for a practice range being approximately 280 metres in length, 50 metres wide at both ends and approximately 70 metres wide in the middle.

2.5Access to the new practice area would be through the rear gardens in which there already exists a gravel pathway several yards wide and also from the west car park which also has a connecting gravel path.

2.6Changes to the levels of the land would involve cut and fill of soil within the land identified for the practice ground. The applicant advises that no material will be imported to the site.

2.7The application is supported by a Tree Survey with ecology implications, archaeological implications, flood risk assessment and Design and Access Statement.

2.8The applicant advises that the existing practice ground would be reintegrated into the golf course but meanwhile it would be used occasionally for practice or short shot tuition.

3.Consultation

3.1.1Conservation Officer – any comments will be verbally reported.

3.1.2Herts Biological Records – the land affected by the development proposal falls within wildlife site 89/012 Moor Park Golf Course. The wildlife in question is a large area of old parkland now used as a golf course. In addition to amenity grassland the area supports a range of habitats. These include unimproved species of rich neutral grassland in the north acid grassland with remnant patches of Heather and Gorse scrub in the south, patches of scrub / broadleaf woodland and some scattered veteran oaks. A chalk pit and pond adds diversity of the habitat. It is an important site for Othoptera (crickets and grasshoppers) and bats and other protected species are knows to be present on site.

The proposed practice ground does not impact upon the most important habitat on the wildlife site, the acid grassland and unimproved neutral grassland areas thus we cannot recommend refusal of the development on grounds of nature conservation. However, this does not mean that the habitats which would be lost i.e. trees, scrub and rough vegetated areas have no value ecologically. The site supports a good number of trees and shrubs several of which are proposed for removal. These woody plants may be suitable for use by nesting birds and roosting bats. The area would also provide habitat for invertebrates and small mammals. Suggest conditions that trees are surveyed for bats before removal, and a bat mitigation scheme be submitted. No trees and shrubs be removed between 1March and 31August.

3.1.3Herts & Middlesex Wildlife Trust – similar comments to Herts Biological Records Centre with additional suggested conditions that all materials and building works associated with the development are kept within the confines of the proposed development area.

3.1.4Hertfordshire Highways – no objection. As the new practice ground is a re-location of the existing practice ground there is unlikely to be a material increase in traffic movements from the site. I therefore have no objection or highway conditions to the grant of permission. I trust you will attach a suitable condition requiring the removal of the existing practice ground before the new ground is brought into use.

3.1.5Environment Agency – the proposed development will only be acceptable if the following measures are implemented and secured by way of planning conditions on any planning permission.

Condition: The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA)dated 09 February 2009and the following mitigation measures detailed therein:

(a)Limiting the surface water run-off generated by the additional underdrainage in the new practice area so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site;

(b)Provision of surface water storage pond if the soakaway system on the site cannot cope with the critical 100 year rainfall event with the appropriate climate change addition.

and a further condition that no infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.

3.1.6HertsGarden Trust – further research and visits made by HGT indicate that the landscape this application pertains to is within the Charles Bridgeman design of the early 18th Century. Would welcome the inclusion of an archaeological survey and watching brief as a condition. No objection in principle

3.1.7English Heritage - the historic significance of MoorPark is clearly reflected in its statutory designations. The Mansion and Orangery is a (Grade I Listed Building), the historic park and garden is registered Grade II*, which attributes “exceptional historic interest” and the whole site constitutes the Moor Park Conservation Area. The historic park and garden designation reflects the contribution of two of England’s foremost landscape designers, Charles Bridgeman, who produced a plan for gardens and park in c.1738, and Lancelot Brown, who worked at MoorPark from 1753. Elements of their work survive in the garden as earthworks, garden features and mature trees.

The proposals are not felt to contravene the advice held in PPG 15: Planning and the Historic Environment. The area is relatively discrete and screened and, as such, the proposals are not felt to detrimentally affect the setting of the GradeI Listed Building. Similarly, even though the proposals do include a degree of ground remodelling, their design and intent is not felt to offer major damage or change to the registered park and garden. Indeed, it is felt that the proposals provide an opportunity to enhance this area of the site by repairing ground badly rutted by heavy machinery and dry store and in rationalising and improving the surface and surrounding planting.

However, any such proposals need to proceed with care and we therefore recommend that you satisfy yourself that the applicant is fully aware of the historic significance of the site. It is acknowledged in the supporting documentation that an archaeological survey or watching brief may be required. We would support this. In addition, we would encourage the applicant to work with the Hertfordshire Gardens Trust to establish the historic evolution of this area - we are aware that there is potential for elements of the Bridgeman landscape to survive here. The applicant perhaps needs to be reminded of the status of the Listed Buildings on the site, the garden walls are Listed Grade II in their own right and the statue of Aquarius will be curtilage listed to the Mansion. Listed Building Consent and/or planning permission will be required for any works to these items. It may also be found, on the basis of research, that it is not appropriate to relocate the statue, although conservation of this feature would be welcome. While on site, a ruined structure was noted at the east end of the North Terrace. There is perhaps potential to extend the present proposals to uncover, or at least stabilise, this as part of the enhancement of the area.

The site lies within a piece of presently overgrown woodland. You will need to satisfy yourself that no trees of special historic interest are to be lost through these works and that any infill planting will respect the historic character of the site. We bring to your attention the evergreen trees - Holm Oak and Yew - which may be relic plantings of the eighteenth century schemes.

3.1.8CountyPlanning Archaeologist - the site is situated within an area of known Prehistoric, Roman, medieval, and post medieval archaeology. It is located within a medieval deer park (Historic Environment Record no. 4134) and eighteenth-century park and garden (being listed on English Heritage’s register of Historic Parks and Gardens, Grade II*, No. G1122). It is also close to the eighteenth-century Moor Park Mansion (HER4133), which may overlie a medieval manorial site. The building is Listed (Grade I) as being of architectural and historic importance. Although the park was landscaped by Capability Brown during the 18th century, it is possible that the development site lies in an area where pre-17th century gardens may have existed.

In addition, the proposed development site is c 150m W of Area of Archaeological Significance (AAS) No. 13 and near AAS 14 and AAS 15, as designated in the Local Plan. Both areas are rich in Prehistoric stone implements, Neolithic earthworks, and Roman artefacts and structures. AAS 13 also includes the site of a Roman villa, which has been designated as a ScheduledMonument (No. 69). This lies c 400m E of the development site. AAS 15 includes the site of the Manor of the More also a ScheduledMonument (29381). I believe that the position and details of the proposed development are such that there is a reasonable likelihood of impact on significant archaeological remains. Recommend condition for a programme of archaeological work in accordance with a written scheme of investigation.

3.1.9Landscape Officer - the trees for removal are as previously agreed. I have some concerns about the position of fencing and the extent of necessary pruning of trees (particularly along the southern boundary) to accommodate the fencing. I would suggest conditions covering the following: Details to be submitted providing details of position of fencing in relation to all trees along the southern boundary (along the same lines as the example attached to the arboricultural report) prior to commencement of development, with a detailed proposals with regard to arboricultural works necessary to accommodate this. Planting proposals are still very sketchy, so again details will need to be provided and agreed prior to commencement of development and planting will need to be implemented the first planting season following completion of the development (November to the end of March). Particular attention needs to be given to the area to the north of the site where a number of trees are being removed. We would also need to include a condition that no ground levels will change within the RPA of trees on the site (including general tree protection). Details relating to the construction of the teeing area in close proximity of T334 and T330 also need to be submitted prior to the commencement of development.

3.2Site/Press Notice

3.2.1Yes. Expired 2April 2009.

3.3Neighbourhood

3.3.1Number consulted: 128

Number of responses: 1

4.Summary of Representations

4.1It appears non-combustible material is no longer being used for the barrow shaped mound. It would be desirable to get MoorPark’s confirmation that action has been or will be taken to assess whether any toxins remain in the ground from previous years.

5.Reason for Delay

5.1Not applicable.

6.Relevant District Plan Provision

6.1East of England Plan. No strategic policies for the type of development proposed.

6.2Grade II Historic Garden and Park. Grade I Listed Building. Metropolitan Green Belt. Wildlife Site. Landscape Area.

6.3PoliciesGEN1, GEN1a, GEN2, GEN6, GEN7, GEN8, N1, N2, N3, N4, N5, N6, N9, N10, N13, N15, N16, N17, N23, C2, C8, C9, C13, C14, GB1, D6, T7, L1, L5, L6, L7, and Appendix1 of the Three Rivers Local Plan.

7.Analysis

7.1The applicants have submitted a Design and Access Statement that sets out the reasons why the site has been chosen, the design of the scheme referring to the topography, trees, proposed design, layout and appearance of the teeing area; access to the practice ground and reference to the Mansion.

7.2In terms of its scope the Design and Access Statement covers the principal headings as set out in the CABE advice – “Design and Access Statements: How to write, read and use them”.

7.3The Design and Access Statement is a tool for applicants to explain their development proposals. 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. The statement is considered to be acceptable in terms of explaining the proposals. Furthermore the applicant has submitted statements and information with regard to flood risk, trees, and archaeology.

7.4Policy L5 of the Local Plan refers to Applications for new golf courses or extensions to existing golf courses setting out a range of criteria. The salient criteria are addressed below.

7.5L5(ii) Retain and reflect the existing local landscape and topography as closely as possible in design and not involve extensive earth moving operations or importing of soil or waste to create course features.

The application involves cut and fill from within the application site. The applicant has stated that no material will be imported onto the site. A condition is suggested to ensure that no material is imported onto the site to enable the land to be regraded.

7.6Policy L5(iii) Retain and re-use existing buildings wherever possible and not include other buildings or uses, including leisure uses that are not essential to golf courses. Adequate car parking must be provided.

The applicant envisages that the existing practice area will be integrated into the golf course in due course. The existing car park can accommodate 250 vehicles. The proposed teeing area provides 8 practice tees. The Highway Authority has not objected to the application. It is considered that the proposed development satisfies the requirements of policy in this regard.

7.7Policy L5 (iv) Not adversely affect sites of nature conservation value and where possible include measures to enhance the wildlife value of the site. Biodiversity management plans should be submitted.

The applicant has submitted an ecological implication statement which addresses ground conditions in terms ground flora and fauna. The ecological implications statement also addresses bats, birds, and includes measures to avoid or minimise any negative impacts. Measure include surveying for bats, the provision of bat boxes in trees, surveying for nesting birds, the netting proposed would be 28mm mesh and it is advised that previous experience of this type of netting has not resulted in bats or birds flying into the net.

Herts Biological Records Centre and Herts and Middlesex Wildlife Trust have raised no objection to the proposals subject to appropriate conditions.

7.8Policy L5(viii) Ensure that there is no significant adverse effect on nearby residents.

The siting of the practice ground is more than 150 metres from the nearest residential property. It is considered that there would be no significant adverse effect.

7.9Policy L5 (ix) Ensure that pollution prevention, water conservation and storage measures are incorporated into the design to reduce the impact upon the water environment.

The application has submitted a flood risk assessment which has been considered by the Environment Agency. The Environment Agency has raised no objection subject to conditions.

7.10Policy L6 of the Local Plan refers to GolfDrivingRanges and advises that the cluster of buildings, fencing, floodlight and parking often associated with driving ranges can lead to problems of light pollution and can be visually intrusive. Golf driving ranges are generally considered inappropriate in the Green Belt, especially those that are floodlit. Applicants for golf driving ranges in the Green Belt will be expected to demonstrate very special circumstances including evidence that the facility cannot be located elsewhere. The Council will only permit golf driving ranges where it can be demonstrated that the proposed will not significantly adversely affect local residential amenity, the character of the local landscape or the natural or historic environment.