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The site defined in red represents the curtilage of Port Erin Bowling Club which is located at the bowling green in Breagle Glen. The site has to its north a store and pavilion associated with the recreational facilities in Breagle Glen, to the west is open space, to the south is the pavilion and tennis courts and to the west is residential development in the form of 24, 25, 27 and 28, Sunnydale Avenue.
The site is designated on the Port Erin Local Plan of 1990 as Public Open Space.
Planning permission has been sought for the following developments at this site which are relevant to this application: PA 88/1645 - installation of floodlights - permitted on review PA 91/0712 - erection of four floodlights - permitted on review.
Proposed here is retrospective permission for the erection of four replacement floodlights. The work has already been undertaken. The new lights are 8m tall, there are four of them, in each corner of the green, each having a single 1000 watt lamp on a pivotal mounting enabling the lamp to be directed to particular parts of the green. The plans indicate that the lamps will be positioned downward when in use. The lights are to be there permanently and the applicant indicates in the application that the lights will be used from March to the last day of September with the lights being switched off as soon as the matches finish. No time is indicated when the lights will be used although clearly, by their very nature, if the lights are required, it will be dark or getting dark when the lighting will be operational.
PA 88/1645 was refused initially, the refusal supported by the Commissioners on the basis that the lighting would be intrusive to the residents of Sunnydale Avenue. On review, a compromise was reached and the two lights furthest from Sunnydale Avenue were permitted on a permanent basis and the two closest to the residential properties were permitted on a temporary basis, the standards being mobile units and removed at the end of each evening's play.
There was a reported incident of the lights not being removed in accordance with the condition, in 1989.
PA 91/0712 proposed the installation of four new lights, each 7.5m high. This was recommended for refusal but was permitted with no conditions regarding the removal or switching off of the lighting. A review was sought and the approval confirmed but with a condition added to require that the floodlights were erected no sooner than 1st April and taken down no later than 15th September in any one year with the two closest to Sunnydale Avenue removed between 31st May and 1st August, presumably when they would not be needed.
The applicant wrote to the Planning Office in May 2005 requesting permission for the changing of the conditions so that the lighting would be erected from 15th March, two weeks earlier than permitted and taken down by 15th October, 2 weeks after originally required. The response provided was that in order to change the condition, a new application would be needed. The club's response to this appears to have been to erect new permanent lighting without submitting any application, despite the advice given and in spite of the contentious planning history and the detailed nature of the conditions on the previous approval, of which the applicant was clearly aware otherwise they would not have written to the Department in May 2005.
Port Erin Commissioners object to the application on the basis that the lighting gives off an unacceptable level of light pollution to the properties alongside.
The occupants of 24, 27 and 28, Sunnydale Avenue object on the basis of the light intrusion: the occupant of number 28 also objects to the retention of the pole outside the playing season. The occupants of number 24 have since moved from the area.
Department of Transport Highways and Traffic Division has no objection to the application.
The current proposal clearly conflicts with all of the agreed conditions previously applied and not surprisingly some of the nearby residents in Sunnydale Avenue are disappointed. They also suggest that the lights are brighter and larger than before and the poles taller - the application details would
appear to suggest that the poles are to be 0.5m taller than previously. Of concern is not only the brightness of the light but also the appearance of the poles even when the lights are not illuminated.
The applicant, Commissioners and planning officer have been discussing the proposal since the submission of the application to see is the lights could be hooded to prevent light spilling beyond the bowling green and into the residential properties on the other side of the hedge. As a result the lights have been hooded and a site visit was made on the evening of Monday 3rd March to see what effect the hooding has had. What was apparent was the impact which the shading has on the illumination of the bowling green where some parts of the green were darker than others. The lights are still very bright on approach to the car park and the light on the north western side of the green still shines directly into the bedroom of number 28, Sunnydale Avenue. The light closest to number 28 illuminates the rear garden although not glaringly so. The light pole is visible from within the rear garden and to a limited degree from within the property.
On an earlier visit, before the hooding of the lights, the inside of number 27 was very brightly illuminated by the lights, so much so that occupation of the rooms facing the lights was uncomfortable. It was not possible to see in number 27 on the latest site visit to see if the hooding has resolved this situation.
There is no information on the luminosity of the lights which were installed previously with permission. However, it is clear from the views of the neighbours that the new lights are brighter than previously and the site visits have illustrated how bright the lights are and the impact they have on the neighbouring properties. Whilst the bowling club stress that the lighting is not on all of the time, it is not reasonable that the neighbours should have such bright lights shining at their properties. It is not clear how the previous lighting managed to illuminate the green whilst not posing a problem for neighbours.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupants of numbers 24, 27 and 28, Sunnydale Avenue are all immediately alongside the site and as such are directly affected by the proposal and should be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 14.03.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The new lighting creates an unreasonable amount of light pollution for those properties adjoining the south eastern boundary of the site, thus adversely affecting the amenities of those living within these properties.
The appearance of a taller light immediately alongside the rear of number 28, Sunnydale Avenue and its retention throughout the year, creates an unneighbourly and dominant feature which adversely affects the residential amenities of this property.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Refused Date : 14.3.2008
Signed : _________________________ M. I. McCauley Director of Planning and Building Control
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