Agenda item

Application S23/0710

Proposal: Change of use of grazing land to events venue

Location: Land to West of the Junction of Belvoir Road and Cliff Road, Woolsthorpe by Belvoir

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions.

Minutes:

Proposal: Change of use of grazing land to events venue

Location: Land to West of the Junction of Belvoir Road and Cliff Road, Woolsthorpe by Belvoir

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions.

 

Noting comments in the public speaking session by:

 

District Ward Councillor:                   Robert Leadenham

 

Together with:

 

·       Provisions within SKDC Local Plan 2011-2036, National Planning Policy Framework (NPPF).

·       Comments received from Lincolnshire County Council (Highways & SuDS).

·       Comments received from SKDC Environmental Protection.

·       Comments received from Melton Borough Council (Adjacent Local Authority).

·       Comments received from Woolsthorpe by Belvoir Parish Council.

·       Comments received from Environment Agency.

·       Comments received from The Gardens Trust.

·       Comments received from SKDC Tree Officer.

·       Comments received from Historic England.

·       Comments received from Woodland Trust.

·       Comments received from Conservation Officer.

 

During questions to Public Speakers, Members commented on:

 

·       Whether Parishes that surrounded the site had come together to complain about noise.

·       Whether the new proposed access route would affect residents of Woolsthorpe by Belvoir by vehicles leaving an event late at night. 

·       The frequency of the proposed events was queried.

 

The Applicant had applied for the events for 6 months of the year, on 25 occasions, which equated to approximately one per week.

 

During questions to Officers and debate, Members commented on:

 

·       Whether the frequency of events proposed was provided by the Applicant or the Council.

 

It was confirmed that the Applicant’s were asked to provide a statement on their proposal, which suggested one event per week during the months in which the marquee was set up, which equated to approximately 25 events.

 

·       Concern was raised on the number of cars accessing the venue and the access route affecting several villages.

The access was not within the South Kesteven boundary. Lincolnshire County Council and Leicestershire County Council had no objections to the proposal.

 

The 12-month temporary approval proposed was to ensure that the venue impacts could be monitored and assessed before a permanent permission was considered.

 

·       How many cars between May-September would be using the same access route as the proposed venue, alongside other events taking place.

 

·       Clarification was sought on whether a weekend event could be held at the marquee, or whether it would strictly be a one day/night event.

 

The condition relating to number of events stated that the number of weddings/events should be limited to 25 per annum, unless otherwise agreed in writing. An addition to this condition could include the requirement for no more than one a wedding/event to be held per week, if Members considered that to be appropriate.  

 

·       One Member raised concern regarding the possibility of fireworks being let off at the venue and whether this could be a possibility every weekend. It was further queried as to whether this could be conditioned.

 

The Planning Officer clarified that the proposed condition was that all events must finish by midnight. It was unable to predict whether fireworks would take place at the events or not. Environmental protection could become involved if there was an unacceptable noise impact from fireworks on a regular basis.

 

A noise management plan had been requested which could ensure fireworks were restricted to certain hours.

 

Belvoir Castle had provided figures of the their biggest events:

 

·       Tough mudder – 10,000 people

·       Festivals - 25,000 people

 

Further concern was raised on the impact of fireworks on the ecology, wildlife and residents with pets. It was suggested that a condition of no fireworks be conditioned.

 

As part of the noise management plan, details of the fireworks would be submitted which would include the noise levels of them. The submission details would then be subject to consultation with the Environmental Protection team to review acceptability.

 

It was suggested that laser light shows or silent fireworks be used.

 

·       Concern was raised around air pollution of vehicles travelling in and out of the area, however, there had been no objection from Highways on traffic.

 

The Assistant Director of Planning confirmed that a condition could be included to prohibit the use of fireworks to certain hours or an informative could be used to refer to details approved by the noise management plan. By law, fireworks were not allowed to be set off between 11pm and 7am except for certain dates such as Bonfire night and New Year’s Eve.

 

·       Clarification was sought on whether the land was privately owned and the single track road through the estate was queried.

 

The Applicant had noted that there was a limited amount of vehicles requiring access to Belvoir Castle on a day to day basis. There was no ongoing management plan, other than a one way system.

 

A condition for a traffic management plan could be included.

 

·       How the events would be recorded and how the Council would be notified of events taking place.

 

The Planning Officer confirmed that a condition could be put into place whereby the Applicant would be required to keep a register of the events.

 

·       The way in which noise would be monitored at weekends was queried. This was included within a condition.

 

One Member suggested that the number of events be reduced to protect residents of the nearby villages.

 

A concern was raised regarding who would be monitoring noise levels on each day that an event was taking place.

 

It was suggested that a form of wildlife impact assessment be completed.

 

It was proposed, seconded and AGREED to authorise the Assistant Director of Planning to GRANT planning permission, subject to conditions:

 

Time Limit for Commencement

 

1 The marquee herby permitted shall be removed and the use shall be discontinued and the land returned to its former condition on or before 12 months following the commencement of development.

 

Reasons: To define the permission and for the avoidance of doubt.

 

2 The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

 

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended)

 

Approved Plans

 

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

 

i) Drawing No.22-013/D/001 Site Location Plan received 13 April 2023

ii) Drawing No.22-013/SL/002 Site Layout Plan received 13 April 2023

iii) Drawing No.22-013/D/010 Access Route Plan received 7 June 2023

 

Unless otherwise required by another condition of this permission.

 

Reason: To define the permission and for the avoidance of doubt.

 

Before the Development is Commenced

 

4 Prior to commencement of the use, a site-specific tree survey and arboricultural impact statement have been submitted to and approved in writing by the LA in writing. The survey and report should have regard to BS5837:2012 Trees in Relation to Design, Demolition and Construction-Recommendations and shall include: a schedule of existing trees that should be cross referenced to a survey and constraints plan, a plan identifying which trees are to be felled and which are to be retained. The impact assessment shall take into account the possible impacts from construction work on the

trees and vice versa including but not limited to foundations, new hard surfaces, access ways, work areas, shade, drainage systems, facilitation pruning and utilities. A method statement, and a plan showing anticipated tree shade patterns shall be provided.

 

Reason: In the interests of amenity, tree health and for the avoidance of doubt.

5 Prior to the development hereby approved being brought into use, a Noise Management Plan shall be submitted to and approved in writing by the Local Planning Authority.

 

Thereafter the development shall be carried out in accordance with the approved details.

 

The Noise Management Plan should include, but not be limited to:

o Summary of events to be held at the site

o Location Plan and Site Plan which identifies noise sensitive properties and locations of noise sources

o Inventory for all noise sources

o Proposed timings for all noise sources

o Controls/mitigation for all noise sources

o How noise will be monitored during events

o Action in the event of complaints

o Review of events

 

Reason: In the interest of the amenities of the occupiers of neighbouring dwellings and in accordance with Policy DE1 of the South Kesteven Local Plan.

 

Ongoing Conditions

 

6 The marquee, hereby permitted, shall only remain on the site between 1 April and 31 October in the year permitted by condition 1.

 

Reason: To ensure the satisfactory preservation of the historic park and garden in accordance with Policy EN6 of the South Kesteven Local Plan.

 

7 No development shall take place until a Traffic Management Plan has been submitted and approved in writing by the Local Planning Authority. The document shall evaluate the potential traffic impacts of the proposals and detail how these will be managed.

 

The development must only be carried out in accordance with the approved plan.

 

Reason: In the interests of the safety and free passage of those using the adjacent public highway.

 

8 No more than 400 patrons shall attend a single event at any given time.

 

The owner/operator shall maintain an up to date register of events including the names of the persons holding the event, date and number of attendees. This register shall be made available to the Local Planning Authority on request.

Reason: In the interest of residential amenity in accordance with Policies EN4 and DE1  of the South Kesteven Local Plan.

 

9 The number of weddings/events shall be limited to 1 day event on alternate weekends (twice per month) in the year approved by condition 1 unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interest of the amenities of the occupiers of neighbouring dwellings and in accordance with Policy DE1 of the South Kesteven Local Plan.

 

10 The permitted development shall be accessed through the parklands from the Castle access in the Vale of Belvoir. The Eastern access through the Lions Gates shall not be used in relation to the use of the marquee/events venue.

 

Reason - In the interests of Highway Safety and the safety of the users of the site.

 

11 The site shall not be used for the purposes authorised by this permission, as an events venue, other than between the hours 8:30am to Midnight, on any given day.

 

Reason: In the interest of residential amenity in accordance with Policies EN4 and DE1 of the South Kesteven Local Plan.

 

12 No fireworks (or silent fireworks) shall be used at any of the events.

Reason: In the interest of the amenities of the occupiers of neighbouring dwellings and in accordance with Policy DE1 of the South Kesteven Local Plan.

 

(Councillor Bridget Ley left the meeting at 16:00)

 

 

Supporting documents: