COMMITTEE:

PLANNING COMMITTEE

   

DATE:

19 SEPTEMBER 2002

   

REPORT OF:

HEAD OF PLANNING

   

GW/01756

FULL PLANNING

Date Received

28 June 2002

PROPOSED USE OF QUAD BIKING AND PAINTBALL RECREATIONAL FACILITIES AND TEA ROOMS IN EXISTING DWELLING AT: CULLA PARK, CULLA ROAD, TRIMSARAN.

   

FOR:

CULLA PARK LTD

 

CULLA HOUSE

 

CULLA ROAD

 

TRIMSARAN

 

CARMS

   

AGENT:

PGM DESIGNS

 

23 QUEEN MARY'S WALK

 

LLANELLI

 

CARMS

   

ELECTORAL WARD:

TRIMSARAN

   

COMMUNITY/TOWN COUNCIL:

TRIMSARAN

   

CONTACT OFFICER:

C. P. WILLIAMS 01554 742172

CONSULTATIONS

Head of Transport - Has no objections to the amended access arrangements.

Head of Public Protection - Recommends noise conditions in respect of the quad bike element of the application.

Trimsaran Community Council - Has not commented to date.

Local Member - County Councillor M Gravell has not commented to date.

Neighbours/Public - The application has been advertised by site and press notice and four neighbours were notified of the proposal. One letter has been received raising no objections to the proposal.

RELEVANT PLANNING HISTORY

S/01553 Change of use of former

D5/6235 Open cast coal operations

APPRAISAL

Members may recall this application was deferred at the last meeting on 29th August to enable Officers to investigate alleged unauthorised engineering operations taking place within the site. Officers have since met with the applicant and agent in respect of engineering works which are taking place and relate to soil distribution, the re-profiling of the existing fishing lakes and importation of scalpings for track construction Members are advised that a further, partly retrospective, application will shortly be submitted for these engineering operations and a report will be prepared for a future meeting of the Planning Committee.

Members are further advised that a letter of objection is now appended to the report, the reason for its omission from the original report was the objector had indicated to the Case Officer that the letter would be withdrawn.

Culla Park occupies 25 ha (62 acres) of land situated on the western side of Culla Road to the north west of Trimsaran. The northern and eastern parts, 14ha (35 acres), contain a number of water bodies which are used for commercial fishing purposes and the remaining land contains large areas of scrub and trees, particularly on the southern end of the site adjacent to the Afon Morlais.

Culla House is a large detached property on the south eastern corner of the site with vehicular access onto Culla Road, whereas the remaining land is accessed by a high quality road onto Ffos Las Lane to the north. The whole site formed part of the Ffos Las open cast coal operations which has ceased with the remaining land currently being restored.

The amended application consists of two main elements, namely, quad biking and paint ball activities, together with the use of a ground floor room of the applicant's dwelling, Culla House, as a tea room which will be ancillary to the sporting activity. The application is retrospective in nature as the use has been operating on a trial basis during the last 12 months to establish whether a demand exists for such a use. The evidence submitted clearly indicates there is a local and regional demand from the activities being promoted, although the applicant recognises this is on a seasonal basis.

The quad biking operates in the central part of the application site occupying approximately 5.6 ha (14 acres) which comprises of many uneven tracks, steep banks and minor water pools which riders negotiate on small 125cc automatic four wheel bikes and typical riding sessions last between 10 and 20 minutes. A maximum number of 8 people can use the track at any one time, lead by a professional rider.

The paint ball activity uses carbon dioxide gas filled guns firing paint pellets which are vegetable oil based and totally biodegradable and each game comprises of a 'combat' style format. Each series of games last for approximately 3 hours with up to a maximum of 50 participants. This activity takes place mainly in the wooded area, (4.8 ha (12 acres) on the southern part of the site.

There is a large surfaced car park close to the house and existing outbuildings which are used as the administration/registration centre, although the applicant indicates that a large proportion of the visitors arrive by minibus.

The hours of operation are 9.00am to 6.00pm from mid April to the end of October whilst during the winter months activities are limited to day light hours at weekends only. Currently, three people are employed on a full time basis and the five year development plan will see this increase to ten.

In the context of the current development control framework, Policy TR21 of the Dyfed County Structure Plan, ENV10 and RT10 of the Llanelli Area Local Plan Statement are relevant. TR21 permits recreation/sporting facilities in the open countryside where such a location is vital, the facility is based on the natural landscape features of the site, there are minimal effects on agriculture and makes use wherever possible of existing derelict areas. ENV10 permits such commercial uses outside settlement development limits if there is a clear and justifiable need for the development in that location, it benefits the rural economy and does not adversely affect the character or appearance of the countryside. Similarly Policy RT10 permits such uses provided the activity does not cause undue loss of amenity to local residents and it does not harm the local landscape character.

The applicant has demonstrated there is a demand for this type of recreational development in the area and considers such a use is appropriate on this former opencast site lying just outside the development limits of Trimsaran. Such a use would compliment the existing recreation facility, fishing, which takes place on the site. The proposal will benefit the local economy in that up to 10 full time posts will be created. The amended access arrangements are satisfactory subject to the existing access into Culla Rod being permanently closed due to restricted visibility and width of access at this point.

With regard to amenity and landscape issues, the site was originally part of the Ffos Las open cast operations with many man made features, although the periphery and southern area are particularly well wooded and screened from view. The proposal makes use of these features and as the uses have been in operation for the past 12 months without complaints in relation to noise, the continued use is unlikely to materially affect the living conditions of residents in the two nearest properties which are 180m and 200m away from the quad biking area. Officers from this Department and the Environmental Health Division have visited the site during operation to witness the activities at first hand. The quad bikes used are well silenced and, as such, are unlikely to cause a noise nuisance beyond the boundary of the site.

In summary, it is considered the proposal is in accordance with local planning policy, will not detrimentally affect the character or the amenity of the area, will benefit the economy of the area and compliment existing recreational facilities on site.

RECOMMENDATION -

APPROVAL

CONDITIONS

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

2 The proposed development relates to the 1:2500 scale plans received on 28 June 2002 and the amended 1:2500 scale plans received on 16 July and 26 July 2002.

3 The uses hereby permitted shall not be open to customers outside the following times:-

0900 - 1800 hours from 1 April to 31 October

0900 - 1600 hours from 1 November to 31 March

4 During day time hours of 0800 to 1900 hours the rating level of noise emitted from the site shall not exceed the background level by more than 5db as measured at the nearest noise sensitive property or specified location. Night time hours of 1900 - 0800 hours should have no increase of background noise levels at the nearest noise sensitive property.

5 All equipment on site shall be kept and maintained in accordance with manufacturers guidelines and shall be suitably silenced when required.

6 Sole vehicular access to the uses hereby approved shall be via the existing access onto Ffos Las Road.

7 Within three months from the date of this permission, the existing access onto Culla Road marked as 'A' on the 1:2500 scale plan attached shall be permanently stopped up and the area landscaped in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

8 There shall be no storage or placement of temporary structures on the land associated with the paint balling activities and quad biking without the prior written approval of the Local Planning Authority.

9 Any explosive and smoke generating devices to be used in connection with the uses hereby permitted shall be of a quantity and type to be agreed in writing by the Local Planning Authority.

10 No operations shall be carried on within the site and/or buildings which by reason of noise, smoke, or dust would be detrimental to the amenity of the surrounding area.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2&8 In the interest of visual amenity.

3,4,5&9 To safeguard the living conditions of neighbouring residential properties.

6&7 In the interest of highway safety.

10 In the interest of the amenities of occupiers of adjacent properties.

NOTE

1 The Council's Head of Public Protection advises that the undertaking of the proposed development should not at any time constitute a statutory nuisance as defined by Section 79 of the Environmental Protection Act 1990.