Why was Planning Application 21/00261 turned down?
WODC Refusal Reasons (6th April 2021):
1. The proposed floodlighting at this prominent site, within the Shipton Under Wychwood Conservation Area and the Cotswolds Area of Outstanding Natural Beauty, would give rise to an incongruous and intrusive form of development, which would fail to preserve or enhance the character and appearance of the Conservation Area or the Cotswolds Area of Outstanding Natural Beauty, and when lit would be visually obtrusive to surrounding residential and local amenity. As such the proposal is considered contrary to policies OS2, OS4, EH1, EH8 and EH10 of the West Oxfordshire Local Plan (2031), Policy CE5 'Dark Skies' of the Cotswolds Conservation Boards Management plan and Section 15 of the NPPF.
2. It is considered that insufficient ecological survey information, assessment or mitigation information has been submitted to enable the Local Planning Authority to fully assess the extent to which species and habitats (including bats and great crested newts) that are protected under the Wildlife and Countryside Act 1981 (as amended), The Conservation of Habitats and Species Regulations 2017 or listed as species/habitats of Principal Importance in s.41 of the Natural Environment and Rural Communities Act 2006 may be affected by the proposed development. The Local Planning Authority is therefore unable to fully assess the development in respect of the requirements of the National Planning Policy Framework (in particular Chapter 15); The Planning Practice Guidance; West Oxfordshire Local Plan 2031 Policy EH3, and ODPM Circular 06/2005. The Local Planning Authority is also unable to fully assess the proposals in the light of the three derogation tests, as described in the ODPM Circular 06/2005 and The Conservation of Species and Habitats Regulations 2017. Without sufficient information the Local Planning Authority may be unable to meets its statutory duty under the Natural Environment and Rural Communities Act 2006 to "have regard, ..., to the purpose of conserving biodiversity".
How was Planning Application 21/03836/FUL different?
This application is still for floodlighting 2 courts with 10 LED floodlights mounted on top of nine 6m high poles. The floodlights themselves are different but the overall effect is the same.
WTC claims to have made the following changes to mitigate for the impact on wildlife and the neighbours. However, numbers 1 and 3 are not really changes. They were actually late amendments made by the Tennis Club to the previous application and were therefore included in the last Refusal Decision.
1. Making the floodlights 'warmer'
As in the previous application, the proposed lights are 'warmer' at 3000 Kelvin, to mitigate for bats. ILP Guidelines say they should be less than 2700K. Bats really prefer no light at all.
The end result is the same: an incongruous and intrusive form of development, which would fail to preserve or enhance the character and appearance of the Conservation Area or the Cotswolds Area of Outstanding Natural Beauty, and when lit would be visually obtrusive to surrounding residential and local amenity.
2. Lighting on court surface now 400 lux
Warmer lights means lux levels are lower at 400 lux average (previously 500 lux). Still very bright and 2-3 times brighter than required for football/rugby. Also means the fittings need tilting to get the light into the middle of the courts, producing more glare and requiring baffles which reduce the lamp efficiency by 25%. Because of the 6m pole limitation, this produces 'hotspots' on the court where illumination is over 600 lux in places and as much as 682 lux in the centre of Court 2.
The end result is the same: an incongruous and intrusive form of development, which would fail to preserve or enhance the character and appearance of the Conservation Area or the Cotswolds Area of Outstanding Natural Beauty, and when lit would be visually obtrusive to surrounding residential and local amenity.
3. Months of usage reduced from 9 to 7.5
As in the previous application, the proposed months of usage are October - mid-May. This is an attempt to mitigate for bats, although bats can be active from February onwards.
Given that floodlighting would not be necessary in the 3 summer months, this is only a reduction of about 6 weeks. Floodlighting would still be in use for 7.5 months of the year.
The end result is the same: an incongruous and intrusive form of development, which would fail to preserve or enhance the character and appearance of the Conservation Area or the Cotswolds Area of Outstanding Natural Beauty, and when lit would be visually obtrusive to surrounding residential and local amenity.
4. Hours of usage reduced at weekends
The proposed hours of use are now 9am - 9pm on weekdays and 9 - 7.00pm at weekends. This is an insignificant reduction of 8 hours a week.
The end result is the same: an incongruous and intrusive form of development, which would fail to preserve or enhance the character and appearance of the Conservation Area or the Cotswolds Area of Outstanding Natural Beauty, and when lit would be visually obtrusive to surrounding residential and local amenity.
Contact us via email: mailto:info@shipton-under-floodlight.co.uk
© Copyright. All rights reserved.