Agenda item

Construction of tennis court with 2.75m high mesh fence [Rural West York Ward] [Site Visit]

Members considered a full application from Mr and Mrs Baker for the construction of a tennis court with a 2.75m high mesh fence.

At the applicant’s request, officers drew the Committee’s attention to a copy of an appeal decision in response to a decision made by Guildford Borough Council to refuse an application for the installation of a tennis courts with a 2.75 m chain link fence. The appeal was upheld. Officers also informed Members of a number of precedents which had determined that tennis courts were an unsuitable development in the green belt and provided brief details of these cases.

Additional information from the applicant was circulated to Members including e-mails from the owners of neighbouring properties confirming they have no objections to a tennis court being located in the paddock area, and further drawings showing proposed additional hedging to screen the fence.

Representations were received from the applicant in support of the application. She explained that the tennis court would be located in the field well away from neighbouring houses and would not be viewable from any other vantage point. She advised she was willing to add screening and reduce the height of the fence to 2m if required but stressed that the erection of fence was integral to its use. In respect of the objection from the parish council she stated that the village tennis courts are often fully occupied and at the other end of the village from their house. She explained that her intention was to enable her family and close neighbours to enjoy playing tennis on the court. In response to a query from Members, she confirmed that she did not intend to introduce any lighting to the courts

Officers explained that their recommendation for refusal was because the proposed court was sited outside the domestic curtilage of the building in the green belt and that it would detract from the openness of the green belt. Members discussed the issue of whether the proposed tennis court constituted appropriate development within the greenbelt as it would provide leisure facilities.

Members noted that if the court had been sited closer to the house, within the domestic curtilage, it would impact on neighbouring properties to a much greater extent. Members acknowledged the greenbelt policy but were of the opinion that in this situation where the court would not be in public view, and would be well screened from neighbouring properties, it would not harm the openness of the countryside.

Members discussed the need to condition use of the court to prevent commercial and wider community use and in response to advice from officers agreed that it should be limited to personal use.

RESOLVED:             That the application be approved subject to the following conditions:

1.         The development shall be begun not later than the expiration of three years from the date of this permission.

Reason: To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

2.         The tennis court shall be used only in connection with the residential use of the adjoining Forge House and shall not be used for any commercial purposes.

Reason:-To secure the residential amenity of adjoining properties in accordance with policy GP1 of the Development Control Local Plan.

3          The development hereby permitted shall be carried out in accordance with the following plans:-

Application Plan ref:1693.1 Rev A and other details submitted on and dated 9th July 2010.

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

4          No development shall take place until there has been submitted and approved in writing by the Local Planning Authority details of the number, species, height and position of trees and shrubs shown on drawing 1693.1 (A) dated 9 July 2010. The approved landscaping scheme shall be implemented within a period of six months of the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason: So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of maintaining the open appearance of the green belt.

5          The tennis court shall not be lit by either fixed or mobile lighting.

Reason: To protect the rural character and openness of the green belt and to protect the amenity of the occupants of the nearby dwellings from light disturbance in accordance with policy GP1 and GB1 of the Development Control Local Plan.

REASON:     

The proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to appropriateness of the development within the Green Belt and the openness of the Green Belt. As such the proposal complies with policy GB1 of the City of York Development Control Local Plan and Government policy contained within Planning Policy Guidance note 2 'Green Belts'.