Cabbell Park, Mill Road Cromer Proposed Lifting of Open Space Restriction Summary of consultation responses As part of consideration which North Norfolk District Council has given to the future use of the Cabbell Park site, particularly the ability of part of Cabbell Park to accommodate a new medical centre facility for the Cromer Group Practice (as per a decision of the Council’s Cabinet taken in April 2014); the Council was required, under Section 122/123 (2A) of the Local Government Act 1972, to invite public comments on the removal of the open space restriction which exists at the Cabbell Park site. The Council therefore invited public comments on the proposed lifting of the open space restriction through a consultation process staged between 27th May and 3rd July 2015 and this document details the responses received in respect of the public consultation process. Steve Blatch Corporate Director North Norfolk District Council Council Offices Holt Road Cromer NR27 9EN Tel: 01263 516232 Email: steve.blatch@north-norfolk.gov.uk Name / Organisation Josephine Dennis Support / Object / Comment Support Comments Having followed the reports on the proposals for Cabbell Park and the growing need for a larger doctors surgery and medical centre I feel strongly in favour of the surgery moving to Mill Road to have modern larger premises to deal with the growing numbers in the area also the pharmacy is not adequate for the present number of people using it. NNDC response Noted The youth football has struggled for years to accommodate the amount of boys using it. The old practice golf course seems a perfect site and to keep the link with Cabbell Park it could be renamed as Cabbell Park. Gillian Douglas Object If the woman who bequeathed the land as land for open public use is to have her wishes ignored, what is the point of having the system in place in the first place. This seems like another case of the authorities riding roughshod over the public. What about demolishing the present surgery, building another two storey surgery over a greater area of the site and incorporating an underground car park. Or – use the land on the field going out of Cromer towards the Runtons for it before it’s turned into another housing estate? 2 The District Council does not believe that the use of Cabbell Park by Cromer Town Football Club meets the wider definition of the 1906 Public Open Spaces Act and is therefore proposing that new sports facilities are developed to meet the future needs of sports teams in the town for pitch and clubhouse facilities. The District Council understands that the Cromer Group Practice has considered other sites in the town for the proposed new medical centre, but none were considered suitable based on access by patients, availability and cost. Name / Organisation Valerie Boon Support / Object / Comment Comments I recognise the need to relocate the Cromer Group Practice to this site but am concerned that your plans in the longer term are to consider the disposal of the remainder for residential development. There are already real problems with parking and access along Mill Road which would only be exacerbated by further housing. It is a great pity that the gates are locked most of the week preventing children playing in a safe area when many of the surrounding homes have little garden space. This site is primarily an open site covered by covenant for the people of Cromer therefore I object. NNDC response Notes objection to proposed removal of open space restriction on Cabbell Park site, but shares concern that existing site is not accessible for local people to enjoy as a public “open space”. Concerns about parking and traffic congestion in Mill Road are issues which will need to be considered as part of the appraisal of any planning application submitted for the new surgery facility. Clarity sought over initial comment above - additional comments confirmed below: Support in part – i.e. area for new doctors’ surgery I support the development of the new surgery on the front of the site and therefore the lifting of the open space restriction for that purpose. I object to any development on the balance of the Cabbell Park site and would wish to see this area made available as a public amenity area, hopefully inclusive of football in the future. Sharon Lee Support I think that building the new doctors surgery on the football site is an excellent idea. Moving the football site to Overstrand Road is the best place for it. At last the football committee had to give way to the best thing for Cromer moving the doctors’ surgery to a bigger site which benefits all of Cromer. Noted E M Stevenson Support Nobody can foresee the future when they put a Restrictive Covenant on the land. Noted 3 Name / Organisation Support / Object / Comment Comments As I understand it, it was to be open land for the use of the residents of Cromer. NNDC response As it is now, it is a Football Ground, which is also used for Car Boot Sales. This in itself is restrictive, in my opinion, as not everyone in Cromer goes to the Football matches or Car Boot Sales. The piece of land on Overstrand Road seems to be an ideal place for a replacement Football Ground. We desperately need a new larger Surgery, and the Cabbell Park land would be the ideal place for it. Moreover, it would be used by ALL the residents of Cromer. I am in favour of removing the Restrictive Covenant on Cabbell Park, and it is my opinion that if the person who put the Covenant on the land was here now, then they too would be in favour of removing it. Bob Richards Object I object to the suggestion that Cabbell Park should have the open space restriction removed. 1. The park was given to the TOWN and not the district and the district's involvement is out of order without the full support of the Town and the Trustees. 1. The transfer of Cabbell Park into the ownership of the District Council is in accordance with the terms of the original Trust Deed. 2. The park is owned by the Trustees of the park who do not have the power to sell the land. By extension, and more importantly, they should not be able to give the park away. The transfer of the land was not approved by the Trustees and was carried out under the provisions that do not apply to Cabbell Park. I.e. Charity Acts - Cabbell Park is not a 2. See comment at 1 above. 4 Name / Organisation Support / Object / Comment Comments Charitable asset. The signatories of the transfer did not have the authority of the Trustees. NNDC response 3. The Land was given as a War Memorial and as such the moving of the memorial is unacceptable. Despite what is said by a representative of the Family, I do not think that the donor of the land would agree to the proposal and he is just expressing his own view. He seems to be pursuing a personal plan. 3. The District Council recognises that Mrs Bond Cabbell’s original bequest of land at Mill Road, Cromer was in honour of people from the town who gave their lives during the 1914 -18 Great War. The Council proposes that any new sports facility developed for the town to meet the sporting needs of the local community will be dedicated to Mrs Bond Cabbell honouring the objectives of her original bequest, but in respect of facilities which are fitting for the twenty-first century. 4. There are many aspects of this proposed action that I think are dubious that I think the NND Council should be fully acquainted with all the counter arguments before proceeding. 4. See comment at 1 above. 5 In the NN site allocation the site was to be used for possible school extension not a surgery. The deliverability indicated that Trustees will consider the future use of the site when the agreement with the Football Club runs out. 5. The North Norfolk Site Allocations Plan policy ED2 proposed that part of the Cabbell Park site accommodate approximately 10 dwellings with the balance of the site allocated for education purposes, subject to confirmation from the Education Authority that When did this happen? If not why not. Perhaps the Trustees Chairman could advise the Town. Leave the Football Club where they are, if they wish to 5 Name / Organisation Support / Object / Comment Comments stay, give the new site to the Junior club, withdraw from your take over and leave the Trustees to continue to run the park at no cost to the Ratepayers as before. NNDC response expansion of the school sector is required. The proposal to accommodate a new surgery on part of the Cabbell Park site is in lieu of the 10 dwellings proposed through the policy allocation ED2. The Site Allocations Plan was adopted in February 2011 and the reference made to Trustees considering future use of the site has been overtaken by events which have seen ownership of the Cabbell Park site pass to the District Council. D Blake Support in part – i.e. area for new doctors’ surgery I object to the removal of the open space restriction on Cabbell Park other than the use at the Mill Road end of the land as shown on the proposed plans and elevation for the new Medical Centre by Medcentres. Noted Cromer is losing too many open green spaces for housing development. In the long term the remainder of Cabbell Park could well be needed as an open space for the school or some other open space use, keep the restriction on the park. A Rogers Object I object to Cabbell Park losing its ‘Open Space Title’. This is a historic restriction on this land, given by E Bond Cabbell in memory of the town’s 1st World War dead and this should be respected as such. 6 Noted Name / Organisation Yvonne Fleet Support / Object / Comment Object Comments I am writing to object to the plans for selling off the land known as Cabbell Park. I do understand the great temptation to sell off such an asset. I know the Government expect the Councils to do more for less year after year. That’s not easy when you have so many worthy commitments needing the money. But you can only sell this land once. The cash will soon be spent and I cannot foresee a time when the Council will be able to buy land for a park in the future. NNDC response Notes objection to proposed removal of open space restriction on Cabbell Park site, but shares concern that existing site is not accessible for local people to enjoy as a public “open space”. We have this wonderful piece of land which could be used in much better ways than in the past. A park should be open to the public every day. A place to walk, rest or play. Away from the traffic. We have plenty of that in Mill Road. It could provide a place for those recovering from mental illness, stress or depression as gardening is very therapeutic. That could help the NHS. A space for the whole community. The terraced houses have very small gardens. We all need space. Please think very carefully before making your final decision. It is a once in a lifetime you have the chance to do something really worthwhile with this space. John and Anne Attfield Comment We are concerned that the covenanted open space is being forcibly removed – the trustees were given little choice. (If the medical centre plans go ahead) the rest of the space should remain available for the use of those for whom if was given, and thus remain as open space. 7 The open space restriction is not being “forcibly” removed, the District Council has explained why it believes there are grounds to seek the lifting of the restriction so as to accommodate new health facilities for the town and in seeking to provide new sports facilities which are available to a Name / Organisation Support / Object / Comment Comments NNDC response larger number of people from the Cromer area than can be provided for on the existing Cabbell Park site. Barry Meadows on behalf of Cromer Preservation Society Object In response to the consultation on the removal of the 'open space' covenant on Cabbell Park, Mill Road, Cromer. With the information available the Cromer Preservation Society is against the proposals to remove the open space covenant and against the proposal to sell the land for development. The District Council has been open and honest over its consideration of being prepared to accommodate a new doctors’ surgery for the town on part of the Cabbell Park site, previously identified in the adopted Site Allocations Plan as being able to accommodate 10 dwellings, through discussion of a report to the Council’s Cabinet in April 2014. Rationale: NNDC's core strategy is to Ensure adequate provision to meet open space and recreation needs and encourage creation of a network of accessible greenspaces NNDC recognise a shortage of open green space in Cromer Cabbell Park was given to the people of Cromer as a memorial to those inhabitants who died for their country in the Great War The North Norfolk Local Development Plan Site Allocations plan (2011) allocated the bulk of the site for education purposes (expansion of adjoining schools) Development of part of the site for a new medical facility would set a precedent for development on the remainder of the site Even though: The North Norfolk Local Development Plan Site Allocations plan (2011) allocated part of the site for up to 10 dwellings There is a recognised need to provide increased medical facilities for Cromer There is a recognised need for the development of 8 Since this time, the Council has progressed a number of actions to facilitate such proposals including attending public meetings organised by the Town Council, holding meetings with representatives of Cromer Town Football Club, consulting on potential sites for the new community sports pitch facility and advising the Cromer Group Practice on the development of their proposals for a new surgery facility. Many of these developments have received extensive coverage in local media. The Council has consistently stated Name / Organisation Support / Object / Comment Comments better sports facilities for Cromer It is disappointing to note: Works have already been started on Cabbell Park to move the football pitches on the assumption the proposals will be given the go ahead, risking unnecessary spend of public money Outline plans for the new medical facility have been made public before there is any agreement to the covenant being altered to allow such a development There is significant concern regarding traffic movement on Mill Road should the proposed medical facility be located on Cabbell Park There is an implied assumption that there is no alternative for the location of a new medical facility There is an implied assumption that a new sports facility will not be provided if development is not progressed on Cabbell Park The NHS are imposing unrealistic timescales for the allocation of funding for the new medical facility The general community view is that the proposals are a fait accompli and that the consultation on the project is being undertaken as a necessary procedural process rather than to actually obtain the views of, and to work with the community. A real, open and honest, dialogue with the community on ALL the issues related to this project would be a positive way forward. NNDC response that it would not seek to lift the open space restriction on a speculative basis, only when the Cromer Group Practice had placed plans for its new surgery development in the public domain so that the public had a clear understanding of the Council’s position in seeking to facilitate significant investment in new health and sports facilities for the town. The works recently undertaken at the Cabbell Park site would facilitate relocation of the existing football pitch within the site if planning consent and funding approval is given for the new surgery facility. However, the works to provide improved drainage to the western end of the Cabbell Park site also improve the existing playing / training area and are not considered to be an unnecessary spend of public money. Concerns over levels of traffic which might be generated by the new surgery facility will be considered as part of the planning application process. Issues relating to the grant of NHS 9 Name / Organisation Support / Object / Comment Comments NNDC response funding for the new doctors’ surgery are not an issue for the District Council. Julie Chance on behalf of Cromer Town Council Support in part – i.e. area for new doctors’ surgery I am writing following the special meeting held last night to discuss Cromer Town Council’s response to the consultation on Cabbell Park. The following Resolutions were agreed by Members:1. Cromer Town Council supports the lifting of the open space restrictions in the Trust Deed for the provision of a replacement Doctors surgery needed by the town. Noted 2. This Town Council recognises the need to conserve and protect public open space, sports and playing pitch facilities in the town. Noted 3. New open space restrictions, protections and usage rights in the spirit and meaning of those intended by the bequest of Mrs Bond Cabbell in the 1922 Trust Deed should be placed upon:- 3a and b. Reflects stated position of District Council in proposing development of new community sports pitch facility a) the new sports facility recognising the rights of use for Cromer Town Football Club alongside Cromer Town Women’s Football Club, Cromer Youth Football Club and other applicable sports teams and clubs to use the facility; b) the retained sports facility at the rear of the existing Cabbell Park site recognising Cromer Town Football Club’s right to use the site until an agreed and accessible replacement facility is developed within the Town. 4. This Town Council recognises the importance of Cromer The District Council recognises the Town Football Club to Cromer’s heritage and the need for any facilities retained at 10 Name / Organisation Support / Object / Comment Comments importance sport has to the future of Cromer’s community. Therefore:a) the need and ability of Cromer Town Football Club to raise funds should be allowed and maintained throughout this process with Cromer Town Football Club able to hold events and sales at the grounds and have the provision of club house facilities needed; b) Cromer Town Football Club should be allowed to meet current ground needs specified under the Football Association’s National Ground Grading relevant to their current league, the Anglian Combination. All needs such as floodlighting, security of tenure, parking and club house facilities should be taken into account. Any deviation from this could result in relegation from their current league and damage to the Club. Cromer Town Football Club should also be allowed scope to make improvements needed to the grounds, with relevant permissions, in the event of likely promotion to higher leagues. NNDC response the Cabbell Park site and/or developed elsewhere to at least meet the minimum requirements of the Football Association relevant to the league in which Cromer Town Football Club plays, whilst delivering value for money for local council tax payers. The Council is in ongoing discussions with officers of Cromer Town Football Club about the financing of the club, but does not necessarily share the view that a clubhouse has to be provided for the exclusive use of the Club and wishes for shared use of the clubhouse facilities at the Cromer Lawn Tennis and Squash Club being explored. 5. Cabbell Park’s status as a World War I War Memorial needs to be retained, either at the current site or new facility. Noted Taking all opportunities to recognise the sacrifice of those lost from Cromer and including those not recognised on the War Memorial outside St Peter and St Paul’s Church in the Town. All activities need to be carried out with the utmost sensitivity given the current centenary period of the First World War. Noted Cromer Town Council recognises the need for North Norfolk District Council to advertise for two weeks, their intended disposal of the open space covenants in the Trust The District Council is satisfied that the consultation inviting comments on the lifting of the 11 Name / Organisation Support / Object / Comment Comments Deed relevant to Cabbell Park and consider any objections received. This is specified in section 122/123 of the local Government Act 1972. However, in the advertisement distributed, no detailed mention is made of the 1922 Trust Deed. NNDC response open space restriction at Cabbell Park has been correctly advertised. Cromer Town Council therefore do not believe that the correct procedure has been observed in this case and ask for an explanation and query the validity of this procedure. Tracy Neave on behalf of Cromer Group Practice Support On behalf of the Cromer Group Practice, I wish to make representations in favour of the disposal of the Cabbell Park site and the associated removal of the open spaces stipulation. The current Practice is woefully undersized and the disposal of the front part of the site will enable the surgery to expand into a modern fit-for-purpose building safeguarding the sustainability of primary care in Cromer. Noted Helen Frary Object 1. I understand that the development of Cabbell Park is against the Council’s core strategy to ensure adequate provision to meet open space recreation needs and encourage creation of a network of accessible green spaces, recognizing a shortage of open green space in Cromer. You have already stated that Cabbell Park is not continuously open to the general public, but the Council have the option to remove the wall gate if they so wished. As a comparison with Cromer, Bognor Regis another seaside town has a beach and a pier, but unlike Cromer it has among the houses, shops and schools lots of parks with playgrounds and green spaces, which residents can use for recreation. 1. 12 The District Council does not share the view that the potential development of Cabbell Park is contrary to policies within the adopted Core Strategy as they relate to open space provision in Cromer. This is because the subsequent Site Allocations Plan proposed the provision of additional open space to serve the south of the town as part of site allocation C14 – Land west of Roughton Road, Cromer where a new area of public open space is being provided at the centre of the Name / Organisation Support / Object / Comment Comments NNDC response development and where public access has also been secured in perpetuity to the Brownshill woodland area between the Norwich and Roughton roads. Further, the Site Allocations Plan identified the Cabbell Park site under policy ED2 as being capable of accommodating approximately 10 dwellings fronting Mill Road, with the balance of the site being held for future educational use, subject to re-provision of the football facilities of equal or better quality. The current proposals being considered for the Cabbell Park site envisage accommodating the new medical centre facility on that part of the site identified within the Site Allocations Plan for the 10 dwellings, with the balance of the site continuing to accommodate a football pitch. Accommodation of the medical centre proposal and indeed any subsequent transfer of the balance of the site for educational use would 13 Name / Organisation Support / Object / Comment Comments NNDC response require the lifting of the open space restriction and the current consultation seeks to achieve this objective. The Council has previously stated, in endorsing the report to Cabinet at its meeting of 14th April 2014 that any longer term proposal to accommodate development on the balance of the Cabbell Park site would need to be considered as part of the review of the Local Plan. 2. Between the North Road and the Overstrand Road there are three schools and a hospital. Mill Road in the centre is on the Sanders bus route. The Council’s proposal to endorse the building of a Medical Centre on Cabbell Park will only exacerbate an already congested road. 2. 3. Before the Open Space restriction has even been disposed of the Council have funded work to level, drain and make fit for purpose the westerly end of Cabbell Park in preparation for moving the football pitch to accommodate the Medical Centre. There will be more expense in future with floodlights, fences and changing rooms. The fact that in the Council’s long term plan this would be for 5 years while the new multi pitch facility is being prepared is a disgrace and an astronomical waste of Council Tax Payer’s money. 14 This is an issue which will be considered in detail at the time any planning application for the new surgery facility is submitted. 3. Cabbell Park is a District Council asset and the authority has deemed the recent works undertaken to improve drainage at the western end of the site to be a positive investment, which could facilitate relocation of the existing football pitch on the site to accommodate the new medical centre. However, if, for any reason, the new surgery proposal is Name / Organisation Support / Object / Comment Comments NNDC response not taken forward, the improved drainage of this area will deliver an additional area for sports training or indeed the accommodation of play equipment which could be used by the local community. In the longer term, if the balance of the Cabbell Park site is to pass to local schools for educational or sporting purposes the improved drainage of this area of land will allow use of the land for sporting purposes without the need for further investment. In this respect, the Council believes the improved drainage of this part of the Cabbell Park site to be a good investment. 4. The clubhouse at Cabbell Park is essential in providing shelter, hospitality, toilet facilities when the ground is used for social and recreational events (not only football). By spending all the money on the ground as above and not providing a clubhouse when the football pitch is moved will mean that Cromer has lost another facility. 4. 15 The comments made about the clubhouse are noted, but are not relevant to the consultation on the proposed lifting of the open space restriction. The council believes there is some contradiction between the comments made at point 3 above as they relate to expenditure on improvements to the ground and an expectation that any Name / Organisation Support / Object / Comment Comments NNDC response clubhouse facility is provided at Cabbell Park. re- Recommendation – before the Open Space Restriction is lifted on Cabbell Park a positive move needs to be in place for the acquisition of the Overstrand Road site, otherwise how will the people of Cromer know that the Council will not renege on the Multi Pitch facility for the town? I enclose a petition of 637 signatures from local people and those who have visited Cabbell park from away, to judge their opinion regarding the lifting of the Open Space restriction. The petition has been checked and details summarised within the report to the 7th September Cabinet meeting. Whilhelm de Neve Object Same comments as above. See responses provided above. J Byrne Support in part – i.e. area for new doctors’ surgery It is my belief that detailed planning consent should be given for the Cromer Group Practice medical centre. However I strongly believe that the remaining portion of land to the rear MUST be preserved for use by local families and visitors to Cromer. Indeed such free facilities as the outside gym and public courts for all sports/gravy golf/putting (as per the magnificent centre in Mundesley) would be of great benefit and enjoyment for all. Noted I accept totally that you intend to provide alternative specialist sports facilities for the Cromer Football Club and others but the remaining portion of Cabbell Park should be preserved as a place where families may safely picnic together, play together, maybe enjoy a round of putting or crazy golf this side of town now that the Lodge Park facilities (including the band stand) have been allowed to go into disrepair. Furthermore, I strongly DISAGREE that the land should be 16 Name / Organisation Support / Object / Comment Comments advertised for residential development not least because of the appalling and unsafe traffic conditions in Mill Road. Further housing in this area would exacerbate the already intolerable access and parking situation. The hospital parking fees have made parking difficult for residents of Mill Road and surrounding roads and indeed the Medical Centre whilst providing free parking will make for increased traffic flow. NNDC response The Norwich Road is already a bottle-neck not only during the height of the tourist season but throughout most of the year - likewise Mill Road - and with the Roughton Road/Weavers Way developments the resulting traffic is already unsustainable. I submit that the portion of land to the rear of the Medical Centre MUST be allowed to remain designated an area of open space for ALL to enjoy. Mrs H Frary Object For North Norfolk District Council to be taken seriously in lifting the Open Space restriction on Cabbell Park a positive move needs to be in place for the acquisition of the Overstrand Road site for the multi-pitch facility. However, the creation of just four football pitches is not adequate for the number of teams that Cromer Youth Football Club field, especially as Cromer Town Football Club and the teams (four in total) that presently play at Cabbell Park will be expected to be playing / training on one of those pitches. The District Council’s proposals to establish a community sports pitch facility to serve the town seeks to significantly increase both the number and scope of pitch facilities which exist for training and playing football above current levels of provision and in a way which is intended to be affordable to a number of clubs through the through the shared use / costs of pitch, training and clubhouse facilities. In the Cabbell Park Trust Deed of 1922 there is no mention of what would happen to the football club when the The District Council agrees that the 1922 Trust Deed does not state 17 Name / Organisation Support / Object / Comment Comments ground transferred to the Council. NNDC are accommodating Cromer Town Football Club on the Cabbell Park site until the multi pitch facility is up and running but because this new facility will not be big enough Cabbell Park should remain a football field as well as the multi pitch facility. 18 NNDC response what would happen to Cromer Town Football Club when the Cabbell Park site transferred to the Council and, in the absence of the Club having made any detailed arrangements for its future, the Council has developed proposals which seek to accommodate the Club in the short through relocation of the existing pitch within the Cabbell Park site and in the longer term through Cromer Town Football Club being a partner occupier of the proposed new community sports pitch facilities.