Committee received and considered the Senior Planning Officer's report.
The Senior Planning Officer reported that that the application was a retrospective planning application for planning permission to regularise development that has already taken place, it should be noted that in selling the land to the applicant the purchase form the Council did not override the need to require planning permission.
The Senior Planning Officer reported that the development that has been carried out is deemed to be significantly different from any historic works that have been completed.
The Senior Planning Officer reported that the retrospective application asked for the installation of an 8ft security perimeter fence, a 32-foot portacabin (office/medical room), a wood cabin for cash/token box, a 20x8 foot cabin for the sale of refreshments when the park is open, reinstatement of small childrens’ fairground rides to the site and the addition of coin operated small childrens’ rides. Fencing includes a section of 6ft wooden fence to enclose the portacabin and bin storage.
The area of land on which the recreations use takes place has been enlarged from that used previously, to now include a strip of land at the north of the property adjoining Fiskes' Opening. The strip was formerly used as parking by touring motor homes. Additionally, the position of the boundary fence fronting Pavilion Road has been extended towards the road.
It was reported that The proposed hours of opening for the ride area are 10am to 8pm Monday to Friday, weekends and bank holidays. The application also identified hours of
opening for the cafe. It was noted that the cafe has an existing planning permission without restriction to the hours of opening and it is not deemed reasonable or necessary to restrict the hours of opening for the existing cafe in relation to this current application.
Since publication of the report, the Senior Planning Officer reported that 60 letters in support of the application had been received. It was also noted that a number of objections had been received of which were summarised within the agenda documents/
The Senior Planning summarised comments that had been received from statutory authorities.
The Senior Planning Officer made reference to the relevant planning policies that had been taken to consideration.
The Senior Planning Officer reminded Members that this was a retrospective application, where development has taken place without planning permission. The application had arisen as the result of complaints from members of the public to the local planning authority with regard to enforcement of planning legislation.
It was reported that it was not unusual for development to be undertaken without planning permission, there are extensive development rights for smaller scale development of both
residential and non-residential property. Any development carried out without permission and where permission is determined to be required is at risk of enforcement including the requirement of removal where not acceptable or alteration and the inherent expenses involved.
The Senior Planning Officer reported that in determining planning applications all applications are judged on their merits including ones seeking retrospective permission. The Local Planning Authority takes into account the planning permission history of the property, any relevant national and local planning policy that has been adopted for the assessment of
the acceptability of new development and any representations received.
It was advised that the application was proposing the rides and structures currently already installed and used on the site and shown on the submitted layout with accompanying
The Senior Planning Officer summarised the main impacts on the conservation area and the neighbouring residential amenity which had been detailed within the agenda documents.
The Senior Planning Officer concluded that it was therefore considered that in order to determine whether the intensified and materially different use can successfully operate without detriment to the amenity of adjoining residents, the local planning authority should grant a temporary permission for the use and the portacabin for at least 2 years (including the c.6 months use already undertaken without permission during 2021). This will allow factors such as effectiveness of the fencing, noise from rides etc to be reviewed over a reasonable period of time and over both an extraordinary year and hopefully a more usual year of holiday use.
It was reported that the fence as erected without permission is not appropriate and any new
permission to be granted pursuant to this application shall require that the fence be replaced at the end of this tourist season, with one of style compatible with the conservation area. Details of the fence including the height and siting in relation to Marine Terrace and 27 Pavilion Road have been requested from the applicant to be provided prior to the Committee meeting and should be agreed prior to the issue of any permission. Members will be updated verbally as to the appropriateness of the proposed fencing designs (and siting in relation to
the aforementioned dwellings).
A condition of any permission should be that rides and structures approved will be as submitted for the application; details of any replacements to those rides would require express prior written permission from the Local Planning Authority in the form of a further planning application in order to assess that they would be compatible without causing significant disturbance to the amenity of adjoining residents.
The Senior Planning Officer reported that given the site is located in a flood zone, conditions to this permission will require the provision of means to anchor the portacabin and structures in a flood situation and for the use to be supported by an emergency evacuation plan.
In order to demonstrate that the proposed use and activities can be acceptable in the location and in terms of highways safety, the following matters shall need to be revised and confirmed to be acceptable by the Locla Planning Authority before permission is granted:
• Prior to issuing a planning permission a revised rides and structures layout plan shall be submitted and agreed in writing. Details to include a schedule of rides and structures with identifying serial numbers.
• Prior to issuing a planning permission details of a replacement fence shall be submitted and agreed in writing. Details to include siting, height, design, material and finish.
• Prior to issuing a planning permission a plan showing the necessary visibility splay shall be submitted to and agreed in writing with the Local Planning Authority in consultation with the Highways Authority.
• Prior to issuing planning permission a flood warning and evacuation plan shall be submitted to and agreed in writing with the Local Planning Authority.
In the event that the applicant does not provide suitable details, a permission would not be appropriate as the scheme would not be acceptable, and Officers would recommend that the application is brought back to Committee if so.
It was reported that in the event that permission be granted, in order to safeguard the residential amenities of the occupiers of nearby dwellings and the character of the Conservation Area a list of matters including but not limited to the following would be the basis for conditions to any approval:
• The permission for childrens' rides expires on 1st Sept 2023 (by which time the applicant will have benefited from 3 Easter holidays and 3 full summer seasons).
The permission for the portacabin, refreshment cabin and cash/token cabin expire on 1st Sept 2023
• There shall be no rides or structures used on the site other than those specifically included in the schedule to be agreed (see paragraph 9.4)
• No rides or structures shall be sited within 10m of the boundary with Marine Terrace (and to be confirmed by a rides and structures layout plan)
• The existing fencing is to be removed and the replacement fencing (to be approved) is to be installed by 01 December 2021, with visibility splay incorporated therein
• The removal of permitted development rights for the erection of any additional Gates, Walls, Fences, or other means of enclosure
• The use of the site for childrens' rides shall not be open to customers outside of 10am-7pm seven days a week.
• No use of loudspeakers and public address systems (Except for safety announcements).
• No use of external amplified music.
• The portacabin shall be securely anchored to its base and anchor retained in perpetuity (details needed if not provided beforehand).
The Senior Planning Officer advised that since publication of the report some of the requested information has been supplied although it had been advised that it was problematic to provide a schedule of rides for next season as the rides are yet to be leased and the applicant request that the permission should be not temporary, however it is noted that this is not recommended due to the uncertainty and in order to assess the impact of the use. The Senior Planning Officer advised that the applicant had made a counter proposal that instead of there being no rides or structures within 10 metres of the boundary of marine parade and marine terrace that rides in this location would only be of a low level type, this could be a condition if Committee were minded to agree to state no rides or structures over 8 metres in height within 10 metres of the location.
The Senior Planning Officer reported the application was subject to approval subject to agreement of details, detailed within the report and presentation.
Mr Lewis, applicant addressed the Committee, he advised that he had answered and provided comments to all neighbour complaints together with the possible proposal terms from the Council. Mr Lewis advised that he had successfully tendered to purchase the site, in the legal documents between Mr Gray and the Council it was always noted that the area was to be solely used a children's amusement park and food outlet facilities. Mr Gray advised that within the legal documents it had also stated terms that the purchasers would not apply for planning permission between the 25 and 50 year period.
Mr Gray advised that he had a young family and wanted to introduce some new business into the area which would attract those of all ages. Comments which had been received by Mr Gray had been positive. Mr Gray advised that they had been more than happy to assist local charities.
Mr Gray reported that he was happy to change the structural fence as specified by the Conservation Officer and is also willing to carry forward the recommendation from the Highway Officer and spray the front corner from the post to the road. Mr Gray referred to some comments that had been made by the Council with regard to the application, firstly he referred to a request for a 10 metre section to be left empty in front of the marine terrace houses, and stated that he felt this should have been stated within the deeds and the terms of conditions when purchasing, he commented that he was more than willing to work with tenants to not restrict light. Mr Gray advised he was happy to supply a full layout of drawings and rides for each year and submit this to the council, although he felt a 2 year temporary planning application should have been advised.
Councillor T Wright asked for clarification from Mr Gray in relation to the fencing at Marine Terrace, Mr Gray confirmed that discussion had been held with the landlord of the properties. Mr Gray felt that a six foot fence would prevent a safety net for the site and those using it and would alleviate any concerns from neighbours with regard to people looking into their properties.
Councillor Williamson asked Mr Gray if he was happy to have the recommended fence painted and Mr Gray confirmed this.
Mr Edwards, objector to the application addressed the Committee, he advised that he would be speaking on behalf of tenants within his properties. He confirmed that the main concerns raised were that of the fence and the main proximity of the rides in situe.
Mr Edwards advised that the close board fence that had been erected had caused an impact on the amount of light that was being let into the properties. Mr Edwards referred to some shrubs that had been planted prior to the close board fencing which the tenants in place were happier with and would be happier if these could be reinstated.
Mr Edwards advised that a concern had been raised with regard to a gap between the fencing and the galvanised fencing and how rubbish would be collected if found in this area.
Mr Edwards commented that it was disappointing that no consultation had been undertaken with his tenants.
Councillor Williamson commented that he fully supported the recommendations of the Officers, he made reference to the fence which was in obvious need of replacing and suggested that pre coated fencing be considered which would provide for a better finish than galvanised fencing and would be more pleasing to the eye in a conservation area. Councillor Williamson further made reference to the opening times of the facility of 10am until 7pm which in his opinion as restrictive.
Councillor Flaxman-Taylor sought clarification with regard to the opening times of the venue as listed within the pack as 10am until 7pm and asked whether this was both summer and winter opening times, this was confirmed as summer and winter opening times. Councillor Flaxman-Taylor commented that she felt it would be more appropriate to have similar times to that of what was previously agreed for the site of 9am till 9pm. The Senior Planning Officer reported that the applicant had requested 10am until 8pm within their application.
Councillor Myers sought clarification as to paragraph 10.2 within the Committee report and asked whether this agreement had been given on this matter. The Senior Planning Officer advised that this had been agreed and the Conservation Officer had advised that the fence should have a painted finish.
Councillor T Wright sought clarification on paragraph 10.1 within the report with regard to temporary permission for the use of the portacabin for two years including the six months of use already taken as it had been detailed this would take the permission to September 2023 which would allow for 2 and a half years. It was confirmed if approved this would grant permission until the beginning of September 2023.
Councillor Hammond asked whether any noise levels had been recorded by Environmental Health at the site, as he commented in his opinion this would have been helpful to know. The Senior Planning Officer advised that this information had not been presented by the Environmental Health department, the department had advised that they had received no noise nuisance complaints. The Development Control Manager advised that Officers deemed it necessary to issue temporary permission to understand if the rides which are materially different to the existing use are going to create any prolonged nuisance, this will allow monitoring to be undertaken.
Councillor T Wright asked if any discussions had been held with nearby residents of Marine Parade in order to understand preference for fencing.
Councillor B Wright commented that she had discussed the facility with Mr Gray and felt that he would be happy to work with everyone to get the best out of the facility.
Members hereby entered into general debate about the application.
That application 06-21-0329-F be approved, subject to the following conditions :
(1) The opening and closing times be amended to 10am to 8pm
(2) Replacement fencing details to be submitted and agreed in association with
the Conservation Area Officer by November 1st 2021.
(3) Landscape scheme to soften boundary ( to dwellings on southern
(4) A revised rides and structures layout plan
(5) A plan showing provision of visibility splay
(6) flood warning and evacuation plans submitted,before any permission is issued [as
described at paragraph 10.5 above].
(7) For a temporary period - in order to further assess the impact of the use and
safeguard the residential amenities of the occupiers of nearby dwellings and the
character of the Conservation Area – subject to Conditions as listed at paragraph 10.6
with the amendment of the existing fencing to be removed and the replacement
fencing (to be approved) is to be installed by Easter 2022 (1 March),
with visibility splay incorporated therein above and any others considered
appropriate by the Development Management Manager including lighting.