Leisure centre amendment at Cascades Leisure Centre, Thong Lane, Gravesend

What was proposed

The applicant sought to amend the approved development description by removing references to a clip and climb facility, two squash courts and play-area improvements.

“The applicant has submitted this non-material amendment application to vary the description of development as permitted by 20221293 to (the change is highlighted in bold, with the text to be deleted from the description struck out):”

“Demolition of the existing Cascades Leisure Centre and public house and redevelopment of the site to provide a new leisure centre with community pool, leisure water, cafe, soft play, 'clip n climb' facility, a six court sports hall, fitness suite, spin studio, 2 no. fitness studios, 2 no. squash courts, a new tennis/netball court, improvements to the existing play area, landscaping across the site and associated car parking.”

Officer report

The site

The site is Cascades Leisure Centre in the Metropolitan Green Belt.

“The application site is known as Cascades Leisure Centre which is located in the Metropolitan Green Belt.”

Officer report

Earlier permission and works

Permission for the leisure-centre redevelopment was granted on 3 March 2023, and demolition of the former public house had lawfully started.

“Reference Description Decision Decision Date 20221293 Demolition of the existing Cascades Leisure Centre and public house and redevelopment of the site to provide a new leisure centre with community pool, leisure water, cafe, soft play, 'clip n climb' facility, a six court sports hall, fitness suite, spin studio, 2 no. fitness studios, 2 no. squash courts, a new tennis/netball court, improvements to the existing play area, landscaping across the site and Permit 3 March 2023”

Officer report

What officers recommended

Officers recommended permission because the proposed wording changes were minor, non-material and would not create additional impacts for neighbouring occupiers.

“The changes being sought are minor in nature, but allow for the applicant to seek changes to the scheme under the s73 application, subject to Members resolving to permit a change to the description of development, it allows for the applicant to seek the removal of the proposed internal clip and climb, 2no. squash courts and the improvements to the existing play area, from the permitted scheme.”

“The change sought in the description of development is considered to be non-material and acceptable. No previous changes have been sought, which would have a cumulative effect that needs to be considered further. The loss of the internal clip and climb and 2 no. squash courts would not result in any amenity impacts to neighbouring occupiers beyond those considered in the original application.”

Officer report

The main planning issue

The decision concerned whether the wording change was non-material, while the existing permission remained in place and could not be reconsidered through this application.

“As this is an application under s96A of the Town and Country Planning Act the Local Planning Authority can only consider whether the change in description is non-material. A s96A application does not provide an opportunity for the Local Planning Authority to reconsider the planning merits of the original decision, which, as stated earlier, has been implemented and is therefore extant.”

“The decision for the Council is whether the change is non-material or material to the planning permission. As the application is not an application for planning permission, there is no requirement for public consultation under the non-material amendment procedure.”

Officer report

Consultation and publicity

No consultation was required because this was a non-material amendment application.

“As this is an application for a non-material amendment, the Local Planning Authority is not required to undertake any consultations. What is material/non-material is not defined by the Government, and must be considered on a case-by-case basis and is at the discretion of the Local Planning Authority.”

Officer report

Who spoke

The team leader gave the committee an overview of the amendment and explained the cost pressures behind the proposed changes.

The committee vote

The committee resolved to delegate permission to the Head of Planning.

“RESOLVED that the application be delegated to the Head of Planning to grant PERMISSION”

Minutes

The decision

Permission was granted for the non-material amendment, changing the development description while leaving the original permission and its conditions in place.

“Take Notice that the Gravesham Borough Council, in pursuance of its powers under the Town and Country Planning Act 1990, HAS GRANTED PERMISSION for non-material amendment as described above in accordance with your application.”

“You are advised that this decision relates to the non-material amendment sought and is not a re- issue of the original planning 20221293, which still stands along with the conditions. The documents should be read together.”

Officer report