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Archived News from February 2006

PLANNING APPLICATION FOR CENTRE OF EXCELLENCE
20th February 2006 0:14


COMMITTEE DATE 16th February 2006
WARD Sutton North


APP REF 2001/0094



APPLICANT
Mansfield Town Football Club



PROPOSAL Construction of a Football Centre of Excellence incorporating an Indoor Football Pitch, Gymnasium & Therapy Pool, Accommodation for Football Students, Offices, Outdoor Pitches including a Running Track, Associated Car Parking, Access Road & Landscaping




LOCATION Land to the West of Beck Lane Skegby



BACKGROUND PAPERS
A,B,C,D,F,I,K




App Registered 16th February 2001 Expiry Date 12th April 2002



The Application
The above planning application was reported to the Planning Committee Meeting held on the 13th June 2002.

At that meeting the following was resolved:



That subject to the application first being referred to the Government Office for the East Midlands as a Departure from the policies contained within the Ashfield Local Plan and Ashfield Local Plan Review 2nd Deposit that the following recommendation be made:



That the Strategic Director, Community Services be granted delegated authority (in conjunction with the Solicitor to the Council) to agree the form of a planning agreement as he considers appropriate such terms to secure:

1. Community use of the facility

2. Code of Conduct for players and officials and visitors

3. Management agreement relating to the hours and days that pitches will be in use

4. A phasing of the Development



Subject to the completion of the Agreement Conditional Consent be issued.



The application was then referred to the Government Office who responded in a letter dated 8th July 2002 stating that the Secretary of State's intervention in the application would not be justified and the decision as to whether to grant planning permission should remain with Ashfield District Council.

In view of the scale of the development and details of the Draft Agreement Members did informally agree that the details of the Draft Agreement be reported back to Committee for approval.

Following protracted negotiations a Draft Agreement has been prepared and is therefore reported back to Planning Committee for approval.



It should be emphasised that Members are being asked to agree the details of the Section 106 Agreement and not the merits of the planning application which have previously been agreed by the Planning Committee at the meeting on the 13th June 2002.



The draft Heads of Terms are as follows:



1. Community use will involve Community Organisations defined as such Youth Clubs, Scouts, Cubs, and Beaver Troops; Guides, Brownies and Rainbows Packs; Sports Clubs (Adult & Youth) affiliated to the relevant governing body for their sport(eg Football Association); Schools, Colleges and Universities; Voluntary and Charity Groups as shall for the time being have their main premises, or place of regular meeting within the administrative district of Ashfield together with such other not-for-profit organisations as the Head of Land and Property may notify to the owner in writing from time to time and as shall be approved by the Management Committee.

Such Community Organisations shall be permitted to use the facilities for not less than 20 hours in aggregate in every week. The charges that may be made for community use shall not at any time be fixed more than that which is set by the Council for use of its equivalent municipal sorts facilities. Notwithstanding the aforementioned charges, a minimum of five hours per week shall be free of charge to such Community Organisations as the Management Committee shall agree. At least three hours of free use shall be for the whole of the indoor sports hall and at least two hours of the three shall be between the hours of 18.00 and 22.00 on any one day.

A Management Committee shall be established consisting of (1) the Head of Land and Property, (2) The Environment Portfolio Holder, (3) two persons nominated by the Owner and (4) a representative of the Community Organisations appointed by majority decision of the other aforementioned members. The Management Committee shall meet to agree the rules of procedure of the Management Committee itself and including:

a) Quorum

b) Appointment of additional, replacement or substitute members

c) Conduct of meetings

d) Frequency of meetings

e) A scheme for the management of the Community Use of the facilities to include arrangements for booking, setting up and clearing away, supervision of activities and control of players and spectators.



2. A Code of Conduct has been produced by the applicants which requires amongst other things Players, Coaches and Parents to maintain a high standard of behaviour and conduct, not to use or encourage foul language, Coaches are to act as role models and Parents are not to shout or make comments from the touchline. Good behaviour and standards are set very high and players are expected to keep to them. Good behaviour, politeness, high personal hygiene and a positive body language are expected at all times when representing the club. Players must remember and Parents are required to instil in players that good behaviour reflects on the professionalism of the club. Any interference both physical and or verbal will not be tolerated. Also included in the Code of Conduct are a Child Protection Policy, Missing Persons Procedure, Preventative Bullying Policy, Equal Opportunities Statement, Statement of Self Advocacy, Complaints Procedure, Anti Discrimination Policy, Discipline Procedures and Dress Code.





3. Two of the outdoor pitches are proposed to be laid out adjoining the south western boundary of the site adjacent to residential properties. The terms of the agreement requires that on Sundays only one of the two pitches can be played on. Furthermore, a pitch proposed to be laid out in the north eastern part of the site again near to residential properties can only be used on alternative Sundays



4 A clause within the agreement requires a scheme for the phasing of the proposed development to be submitted and agreed prior to the commencement of development.





Consultation:
All those residents making comments on the planning application and Lawyers acting on their behalf have been consulted on the terms of the draft agreement and the following representations received:

AJ & LD Knowles, 17 Buttery Lane Skegby: maintain objection to the development, traffic. Footpath crossing land is now registered. Proposal is to be used by Scouts, Cubs Brownies etc. on enquiring local clergy no nothing about it.

Mrs KJ Hunt, 28 Courtfield Road Skegby: appreciate Code of Conduct but still have concerns about possible groups of lads who will be able to gain access at night to the pitches. Will there be any form of security. How close will fencing be.

Miss PM Grimley, 7 Loundhouse Road Sutton in Ashfield: Concerned on environmental grounds using countryside; concerns re financing of project; no mention of public footpath. Note you have taken into account provision for wildlife, behaviour of users however concerned about impact of buildings etc.





Comment
I would re-iterate my initial comments that Members approval is only sought in respect of the terms of the S106 agreement as the decision to approve the application has previously been taken, subject of course to the details of the heads of terms being reported back for approval.

The proposal generated a significant amount of interest and controversy when it was first submitted and indeed still clearly does due principally to its countryside location.

The S106 Agreement is particularly unique in that it seeks to secure some community use of the facilty and for this reason it was considered important to report the Draft back for Committee approval. Indeed in examining other Centres of Excellence proposed and provided at other football clubs the aspect of securing community usage has not to my knowledge been done before.

I am of the opinion that the details contained in the draft agreement do meet the requirements of the original resolution and secure an unprecedented level of community use to this type of development, therefore, the following recommendation is offered:



Recommendation:

That the draft agreement be accepted.

 

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