Bollard condition removal at Billericay Town Football Club, Billericay

What was proposed

The application sought removal of the requirement to provide bollards on the existing highway verge under the earlier football club permission.

“The application proposes the removal of condition 8 (bollards to be provided on the existing highway verge) of planning permission 17/01186/FULL.”

“Within three months of the date of this decision, a scheme detailing bollards to be provided on the existing highway verge on the southern side of Blunts Wall Road extending around the Bellmouth junction with Tye Common Road and terminating at a suitable location shall be submitted in writing to the Local Planning Authority.”

Officer report

Earlier permission and condition

Permission granted in 2021 covered pavilion, stand, ancillary building, floodlight and artificial pitch works, with bollards required to prevent indiscriminate verge parking.

“Planning permission was granted in 2021 (application reference: 17/01186/FULL) for “Proposed alterations and extensions to existing pavilion, replacement of existing viewing stands and ancillary buildings including replacement floodlights, alter grass pitch to artificial grass pitch (Retrospective)”.”

“RELEVANT PLANNING HISTORY Application Proposal Decision 17/00433/FULL Re-development of existing sports ground to the west of Billericay Football Ground with new AGP (artificial grass pitches), perimeter fencing and 43 bay surfaced car park.”

Officer report

What officers recommended

Officers recommended approval because the land was outside the applicant’s control, the condition failed several planning-condition tests and highways raised no objection.

“Enforceable: Given the area of land which this condition relates to is not under the ownership of the applicants, the owners of Billericay Town Football Club, the Borough Council or County Council (as it is unregistered), the condition cannot be complied with as the land is not within the control of the applicant and therefore the condition is not considered to be enforceable. The condition therefore fails this test.”

“Reasonable in all other respects: Given the area of land which this condition relates to is not under the ownership of the applicants, the owners of Billericay Town Football Club, the Borough Council or County Council (as itis unregistered), the condition cannot be complied with as the land is not within the control of the applicant and therefore the condition is not considered to be reasonable for the applicants to attempt compliance. The condition therefore fails this test.”

Officer report

Residents’ concerns

Three objections raised concerns about verge damage from parking, existing parking problems and the need to retain and maintain the bollards.

“- Destruction of verges from parking - Existing parking issues - Need for the bollards to be retained and maintained…”

Officer report

Who spoke

The applicant spoke in favour, describing earlier parking problems, efforts with supporters and dedicated parking secured on adjoining land.

Members’ discussion

Members asked why the land ownership issue had not been identified when the original condition was imposed, and officers attributed it to an error.

“24/00191/VAR - REMOVAL OF CONDITION 8 (BOLLARDS TO BE PROVIDED ON THE EXISTING HIGHWAY VERGE) OF PLANNING PERMISSION 17/01186/FULL AT BILLERICAY TOWN FOOTBALL CLUB, BLUNTS WALL ROAD, BILLERICAY, ESSEX, CM12 9SA Members considered application 25/00261/VAR for the removal of a condition on planning permission 17/01186/FULL at Billericay Football Club (granted in 2021) which required the installation of bollards on an existing highway verge.”

“In response to a question about why the land ownership issue had not come up at the time the condition was applied, officers could only assume that this was an error in the condition since ownership had not been ascertained.”

Minutes

Conditions attached

The permission retained approved plans and arrangements covering floodlighting, community use, cycle parking, parking surfacing, drainage, footpath access and car-park management.

“The approved cycle parking details shall be retained in accordance with the details approved pursuant to 24/00101/COND.”

“The approved parking surfacing details shall be retained in accordance with the details approved pursuant to 24/00101/COND.”

Officer report