1.
Site Description
1.1
The site is an open grassed piece of land which is located adjacent to Dalicar Lane,
beside existing surfaced courts, to the east of Giggleswick Chapel. The site is
outside of the settlement development limits for Giggleswick, but is identified as an
existing recreation/amenity space. A public right of way (footpath number 39) runs
along the eastern boundary of the site, and another public right of way (footpath
number 38) runs parallel to this along Dalicar Lane. The trees along the eastern
boundary are also the subject of a group Tree Preservation Order (number 2 1964
schedule A3).
2.
Proposal
2.1
The proposal is to create three hard surfaced tennis courts on an existing plateau
adjacent to the existing courts. The courts would be enclosed by a 2.75 metre high,
green coloured, chain link fencing and would have a green porous macadam playing
surface. Extensive additional landscaping is proposed. No new vehicle access,
parking or floodlighting is proposed.
3.
Planning History
3.1
None
4.
Planning Policy Background
4.1
PPG17: Sport and Recreation
4.2
Local Plan: Policies ENV1, ENV2, ENV4, BE7, BE11, SRC1, SRC3
5.
Parish/Town Council Comments
5.1
Giggleswick Parish Council: The Parish Council has no observations to make on this
application.
6.
Consultations
6.1
None
7.
Representations
7.1
None
8.
Summary of principle planning issues
8.1
The effect of the proposal on the character and appearance of the area.
8.2
The effect of the proposal on the setting of Giggleswick Chapel, a Grade II* listed
building.
8.3
The potential increased risk of flooding resulting from the proposed development.
9.
Analysis
9.1
The application site is identified in the Local Plan as land of recreation and amenity
value (Policy SRC1). The site falls outside of, but is adjacent to, the settlement
development limit of Giggleswick, and the Giggleswick Conservation Area. Policy
SRC3 permits proposals for formal sport and recreation facilities of an open nature
adjacent to development limits subject to various criteria, and is the most applicable
policy under which to assess this proposal. Regard should also be given to Policy
BE7 and the effect of the proposal on the setting of Giggleswick Chapel, a Grade II*
listed building. One of the principal planning issues raised by this policy context is,
therefore, the effect of the proposal on the character and appearance of the area,
and the setting of a listed building.
9.2
The proposed tennis courts would be located to the north side of the existing tennis
courts, to the south of which the land is banked and already has some landscaping.
Immediately to the west the site is enclosed by a limestone rock outcrop which rises
nearly four metres above the level of the site itself. Beyond this rock outcrop,
approximately 26 metres from the site, is the east facing elevation of Giggleswick
Chapel. To the north of the site there are existing grass courts with Craven Bank
Lane beyond. A footpath runs across part of this area and connects to Craven Bank
Lane. The east of the site is bordered by a number of mature trees (a mix of
Sycamore and Ash ranging between 10 and 18 metres in height) which are the
subject of group TPO. The land falls away beyond these trees to Dalicar Lane (a
unmade road/track) and also a public right of way.
9.3
The proposed surfacing for the courts is a porous Macadam coloured dark green and
it is proposed to construct the fencing to a height of 2.75 metres and coloured dark
green. The alignment of the courts is on a north – south axis, which creates a ‘snug’
fit within the natural existing boundaries of the site. An extensive detailed
landscaping scheme has been submitted which includes proposals to maintain
existing coverage and thin out poor specimens and alien species (there are some
conifers to the south of the site). In relation to the trees covered by the TPO, detailed
proposals have been submitted which include some crown lifting of the specimens
adjacent to the proposed court. Additional planting is also proposed to the south and
west of the site which will provide additional screening and enclosure for the courts.
To the north of the site, a small landscaped mound is proposed again with extensive
additional planting.
9.4
The proposed height of the fencing is reasonable and is unlikely in itself to have an
overbearing effect on the character of the area, and the proposed colour of the
fencing should also assist with minimising any potential visual impact. More
importantly however, the rock outcrop to the west and the difference in levels
between the site and the adjacent Chapel help to provide a natural screen for the
proposed courts. The additional landscaping will further soften the boundaries
between the Chapel and the tennis courts.
9.5
Given the nature of the existing landform around the site and the existing level of
screening, coupled with the proposals for additional planting and the actual nature of
the development itself, the proposal is unlikely to have any significant adverse effect
on the character and appearance of the area. Similarly, the proposal is unlikely to
any undue adverse effect on the setting of the Chapel for the same reasons.
9.6
With regard, to the amenity of any nearby residents, the proposed courts are situated
well away from the main residential areas within the village. Given that the proposal
is for tennis courts with no floodlighting or associated car parking, the potential level
and timing of use of the courts is unlikely to have an adverse effect on the private
residential amenities of people living in the village.
9.7
Previous proposals by Giggleswick School have raised an issue of the potential to
increase the risk of flooding by increasing water run off into Tems Beck, although no
objections have been received on this application. In this regard, specific drainage
proposals have been included with this submission which suggest the courts have
been designed with a porous surface and shallow cross fall in order to minimise
excess water run off, and that the sub base itself has been designed to store water
and act as a soakaway. A new french drain arrangement is also proposed on three
sides of the tennis courts to intercept any additional water run off to a new drainage
balancing feature.
9.8
The porous surface and landscape balancing feature should ensure that there is no
need to pipe any drainage to sewers or watercourses and this is confirmed on the
submitted application forms. Neither the Council’s Environmental Health services or
the Environment Agency have raised any specific concerns about these proposals.
10.
Recommendation
10.1
Approval
11.
Summary of Conditions
11.1
Standard time limit.
11.2
The development hereby approved shall be carried out in accordance with the
approved amended plans (reference 1196/150/A; 1196/152; and 1196/156) and
design statement submitted by Brown Associates on the 24th June 2002.
11.3
All planting shall be carried out in accordance with the approved details (as set out in
drawing number 1196/150/A submitted by Brown Associates on the 30 th September
2002) prior to the development hereby approved being brought in to use. If within a
period of two years from the date of the planting of any tree that tree, or any tree
planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes,
in the opinion of the District Planning Authority, seriously damaged or defective,
another tree of the same species and size as that originally planted shall be planted
at the same place, unless the District Planning Authority gives its written consent to
any variation.
11.4
Reason: For the avoidance of doubt and to ensure that the proposed landscaping
works are completed prior to the development hereby approved being brought in to
use.
11.5
In this condition “retained tree” means an existing tree which is to be retained in
accordance with the approved plans; and paragraphs a) and b) below shall have
effect until the expiration of 2 years from the date of the completion of the
development hereby granted.
11.6
a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained
tree be topped or lopped other than in accordance with the approved plans, without
the written approval of the local planning authority. Any topping or lopping approved
shall be carried out in accordance with British Standard 3998 (Tree Work).
11.7
b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall
be planted at the same place and that tree shall be of such size and species, and
shall be planted at such time, as may be specified in writing by the local planning
authority.
11.8
(c)The erection of fencing for the protection of any retained tree shall be undertaken
in accordance with the approved details (as set out on plan number 1196/156
submitted by Brown associates on the 24th June 2002) before any equipment,
machinery or materials are brought on to the site for the purposes of the
development, and shall be maintained until all equipment, machinery and surplus
materials have been removed from the site. Nothing shall be stored or placed in any
area fenced in accordance with this condition and the ground levels within those
areas shall not be altered, nor shall any excavation be made, without the written
consent of Craven District Council.
11.9
Reason: To ensure that existing trees are retained in the interests of amenity and to
fulfil the requirements of section 197 of the Town and Country Planning Act 1990.
11.10
No light fitting, source of external illumination or scheme of floodlighting shall be
erected on the site without the prior written approval of the District Planning Authority.
11.11
Reason: A scheme of floodlighting in this particular location may potentially have an
adverse effect both on the character and appearance of the area, and on the setting
of the adjacent listed building.