Agenda item

Report No: DEV/FH/17/032

Variation of Conditions 5 and 6 of F/2001/768 to extend the opening hours (as per Planning Statement submitted with this application) to allow for continued use of land as motocross track on a permanent basis and variations to conditions

Variation of Conditions 5 and 6 of F/2001/768 to extend the opening hours (as per Planning Statement submitted with this application) to allow for continued use of land as motocross track on a permanent basis and variations to conditions

This application was referred to the Development Control Committee because the applicant was related to a Forest Heath District Councillor and in light of the Parish Council having raised objections, which were contrary to the Officer recommendation of approval, subject to conditions, as set out in Paragraph 69 of Report No DEV/FH/17/032.

The Committee was advised that in addition to Mildenhall Parish Council, objections had also been received from neighbouring Isleham Marina Parish Council and East Cambridgeshire District Council.

As part of his presentation the Principal Planning Officer made reference to the long and complex planning history of the site.

Two minor inaccuracies were highlighted within the report; a small typographical error in Paragraph 3 and clarification that a reference within Paragraph 60 to a table in Paragraph 44 should have read Paragraph 53.

Members were advised of the following updates since publication of the agenda papers:

·         Mildenhall Parish Council had confirmed that they continued to object to the application;

·         Isleham Parish Council had provided an image showing the proximity of the application site to the village, in light of which they continued to uphold their objection;

·         An Environmental Health Officer from East Cambridgeshire District Council had submitted a further response stating that they did not object to the temporary planning permission recommended subject to monitoring being undertaken;

·         Several further representations had been received from residents of Isleham Marina, all of which raised concerns/issues cited in previously received submissions;

·         A letter had been received from a holiday let owner in Isleham Marina who raised specific concerns on the perceived detrimental impact the application would have on their business.  Within the representation the date of 25 March 2017 was cited as a date on which the disturbance from the motocross circuit was particularly significant.  However, the Case Officer advised the Committee that on investigation he had established that the motorcross circuit had not operated on that date, but the neighbouring Mildenhall Stadium had, which was likely to have been the source of the noise in question;

·         Correspondence had been received from the solicitors of the neighbouring residential property ‘Fenland’ (the complex related legal history of which was made reference to in Paragraphs 3 and 4 of the report).  They objected to the application on the basis of the Supreme Court’s ruling, however, Planning Officers had sought legal advice and were continuing to recommend the application for approval.

Speakers:    William Taylor (neighbour) spoke against the application

Cliff Bastick (operator of the motocross circuit) spoke in support of the application

Councillor David Bowman raised questions with regard to the monitoring of the vehicles.  The Senior Public Health and Housing Officer present drew attention to conditions 7 and 8 within the report and explained that the test results were undertaken by the track operator.  However, the Council would assemble active monitoring in receipt of a complaint.

The Service Manager (Planning – Development) explained that the conditions in question could be expanded to request that the applicant regularly submitted their vehicle test results to the Local Authority.

Councillor Bowman also asked if the Sunday operating hours (as outlined in condition 5) could be amended to start at 10:00 as opposed to 09:00.  The Case Officer confirmed that it could be delegated to Officers to discuss this matter with the applicant as it could have a business impact.

Councillor Bowman then moved that the application be approved, inclusive of the amendment to require the regular submission of the vehicle test results to the Council and to request that the Case Officer undertake discussions with the applicant with regard to potentially amending the hours of operation on a Sunday to commence at 10:00 (as opposed to 09:00).  This was duly seconded by Councillor Simon Cole.

Upon being put to the vote and with 13 voting for the motion and with 1 against, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1. Temporary planning permission to March 2019
2. Permission shall be for Mildenhall Moto-Cross Limited only, and shall not enure for the benefit of the land.
3. Development restricted to the use of the land as an off-road motor cycle track only
4. Events and practises on site to be supervised at all times either by Mildenhall Moto-Cross Limited, or by their nominated representative, in accordance with the Auto Cycle Union code of practice and/or handbook
5. The motocross track shall only be used in accordance with the following restrictions

(i)       All Saturdays and Sundays throughout Sep-May (inclusive), 09:00 - 18:00. Every other Sunday throughout June-Aug (inclusive), 09:00 - 18:00. Three Saturdays can be requested during June-Aug (the date will be previously agreed in writing with the local planning authority and not less than one months prior notice shall be given.)  Officers to undertake discussions with the applicant to discuss the possibility of commencing operation on a Sunday at 10:00 as opposed to 09:00.

(ii)     Tuesday and Thursday practice days 09:00 – 16:00. Jan-Dec.

(iii)    As per ACU (Auto Cycle Union) and HSE guidance group riders will be restricted to 45 riders for the main track.

(iv)    On request, as per current approval, sound reports will be supplied to ensure the db levels are kept to a minimum.  (i.e. no more than 85db per hour average).

6. Other than to call emergency services or to announce the commencements of a race, no tannoy system shall be used on the site.
7. All vehicles using the track shall comply with current Auto Cycle Union noise regulations.
8. Random testing of individual motorcycles shall be undertaken on all days that the track is in use and test results shall be kept by the track operator and submitted for examination by the Local Planning Authority at regular intervals – to be prescribed.
9. The level of noise emitted from the site shall not exceed Leaq85db over a time period of 1 hour at the boundary of the site.

On conclusion of this item Councillor Louise Marston left the meeting at 6.34pm.