Agenda item

Erection of temporary marquee to rear of main stand during November and December 2012

The Committee considered a report of the Principal Planning Officer regarding a retrospective application for the erection of a temporary marquee to the rear of the main stand during November and December 2012 (for copy see file of Minutes).

A Inch, Principal Planning Officer gave a detailed presentation on the application which included photographs of the site. Members had visited the site that day and were familiar with the location and setting.

The Officer advised that 8 events were proposed and not 7 as stated in the report, 3 of which had already taken place.

Councillor D Brown, local Member addressed the Committee on behalf of residents, stating that their main concerns related to noise nuisance. Problems had first arisen in 2003 during a party at the racecourse when the level of noise disturbance had affected the whole village. Unfortunately this was a retrospective application as the marquee had been erected and some of the proposed events had already taken place. The occupiers of the nearest property to the south of the racecourse had lived there for a number of years and had always experienced problems with noise.

Councillor J Robinson, local Member was not in attendance but had sent an e-mail which was read out to the Committee.   In addition to noise nuisance, it was noted that the racecourse had also advertised marquee weddings in 2013. The Parish Council had expressed the view that the racecourse’s timing of the erection of the marquee meant that hardly any events would be lost if planning permission was refused. 

Mrs Marion Cant, local resident spoke against the application and a copy of her statement was circulated to the Committee (for copy see file of Minutes). She lived in a property to the south of the racecourse which was surrounded by open farmland. Over the last few years the number of entertainment events at the racecourse had changed the character of the land surrounding her property and others.

There was a long history of well-documented noise nuisance associated with the premises and Mrs Cant referred to occasions when a Noise Abatement Notice had been issued and when the noise monitoring procedure implemented by the racecourse had been ineffective. She also referred to other planning matters where the applicant had been non-compliant, and these were set out in her statement.

The marquee had been erected almost one month before the application was reported to Committee, the control of noise levels had been inconsistent and as the applicant had not adhered to conditions in the past there was no guarantee that they would do so in the future. If the Committee approved the application she asked that conditions include the dates of the events, and a requirement for Independent Noise Surveys to be carried out at each one.

Mrs Julia Bowles of Sedgefield Village Residents Forum reiterated the concerns expressed by the local Members and Mrs Cant stating that residents in and around the village were experiencing the real effects of events at the racecourse on an ongoing basis. Such was the strength of feeling that in October 2011 residents had attended a Statutory Licensing Sub-Committee meeting to make representations in respect of the Premises Licence.

She also reiterated Mrs Cant’s views about non-compliance of planning matters, which included a failure to implement a safe crossing for pedestrians.

Mrs Bowles concluded that the Council had a responsibility to safeguard residents against problems of noise etc and local people were disappointed that their concerns had not been considered substantial enough to recommend refusal of the application.

If the application was granted she asked that the conditions suggested by Mrs Cant be included in the permission and that the permission be suspended if there were any noise nuisance issues.

Jill Williamson of Sedgefield Racecourse referred to the event in 2003 mentioned by Councillor Brown and advised that this had been held before she worked at the racecourse and would not be repeated. The racecourse had always tried to work with residents and she had met with relevant Officers in August/September 2012 to discuss the proposed position of the marquee. Previously the marquee had been erected in the car park but for November and December 2012 had been located between the buildings to reduce visual impact and the potential for noise nuisance.

The business offered local employment and their clients were well-respected people with a lot of disposable income. This was of benefit to local businesses.

The Premises Licence included a condition requiring noise monitoring to be carried out in accordance with a Noise Monitoring Procedure. Noise levels measured at the charity event on Saturday 17 November 2012, which featured a 40 piece military band, were less than a car. The remaining events would generate even lower levels of noise and she assured Members that the racecourse would continue to adhere to conditions.

In conclusion J Williamson commented that the racecourse had been nominated for an award for its charity fund-raising which, if successful would be of benefit to both the racecourse and the local community.

Councillor Boyes expressed concern about the applicant’s disregard of planning and licensing matters, and the erection of the marquee before the planning application had been determined.

The Principal Planning Officer responded to the comments made, advising that the reference to the provision of a safe crossing for pedestrians related to a planning application in respect of the car boot sale and was not relevant to the determination of this application. A Noise Abatement Notice had been issued earlier this year but since then a Noise Monitoring Procedure had been put in place by the racecourse.

Councillor Holland stated that the marquee was located between buildings and was not unsightly. He did not consider that noise nuisance to dwellings located 400-600m metres away would be overwhelming. The racecourse was an important contributor to the local economy and to charity, and he therefore supported the application, subject to condition 1 being amended to include the specific dates of the remaining events.

Following discussion it was Resolved:

That the application be approved subject to the conditions outlined in the report and to condition 1 being amended to read as follows:-

‘1.        The marquee hereby approved shall only be used for entertainment events on the following days:-

            27 November 2012

            7 December 2012

            14 December 2012

            15 December 2012

            26 December 2012

Thereafter the marquee shall be removed from the site no later than 7

January 2013 and the land reinstated to its pre-existing condition.

Reason: The marquee is not considered suitable for permanent retention in accordance with the requirements of Policy D1 of the Sedgefield Borough Local Plan as amended by Saved and Expired Policies September 2007.’