Padel centre at Dowdeswell Park, London Road, Charlton Kings, Cheltenham

The site

The site is outside the main urban area in the Cotswolds National Landscape, beside the River Chelt and near a public right of way.

“DESCRIPTION OF SITE AND PROPOSAL 1.1 Dunkertons Park is a mixed use commercial and leisure venue that provides a variety of food, drinks and events. The site is located to the north of London Road (A40) and forms part of the wider Dowdeswell Park. The site lies outside of Cheltenham’s Principal Urban Area (PUA) within the Cotswolds National Landscape (AONB). The River Chelt runs to the south of the site, with part of the access to the site located within Flood Zone 2.”

Officer report

What officers recommended

Officers recommended permission because the conversion principle was acceptable and the building, landscape, ecology, flood risk, amenity and highway impacts could be managed.

“OFFICER COMMENTS 6.1 Determining issues 6.1.1 The key considerations in determining this application relate to the principle of a change of use, design, landscape impacts, ecology and biodiversity net gain, trees and landscaping, flood risk and amenity. Background 6.2.1 The existing building was constructed following the submission of an application (ref.”

“Flood risk 6.7.1 NPPF paragraph 181 advises that it is necessary to ensure that developments do not increase flood risk elsewhere and that, where appropriate, a flood risk assessment should be submitted. JCS policy INF2 reiterates this. As previously noted, the River Chelt runs to the south of the site with part of the bridged access falling within Flood Zone 2; and the Environment Agency (EA) were therefore consulted.”

Officer report

Public views

Sixty-nine representations were received, including support and objections concerning landscape effects, visibility, habitat loss, noise, lighting, trees, access and precedent.

“Given the nature of the site and the proposal, individual letters of notification were not sent on this occasion; however, a site notice as posted at the entrance to the site. 5.2 69 representations have been received in response to the publicity; 63 in support, 5 in objection, and one general comment.”

“Existing barn constructed under 'False Pretences' and was clearly never intended for 'Agricultural purposes' hence it is incomplete with no solid walls, only ever housing the construction machinery of which it was built with. • Plenty of space on the existing site for padel courts to be built • Noise and light pollution • Removal of trees • Access for emergency vehicles • Precedent…”

Officer report

Who spoke

An objector, the applicant and the Ward Member addressed the committee, presenting opposing views about the landscape, biodiversity, location, community benefits and planning approach.

The vote

Members voted on the recommendation to permit the application subject to conditions and a section 106 legal agreement, with nine for, none against and two abstentions.

“The matter then went to the vote on the officer recommendation to permit subject to conditions and S106 legal agreement.”

“Voted for the officer recommendation to permit subject to conditions and S106 legal agreement.”

Minutes

The decision

The application was permitted subject to conditions and a section 106 legal agreement, with members relying on planning considerations rather than speculation about motives.

“The matter then went to Member debate where the following points were made: - Appreciate the other works the applicant has carried out for the environment and community, but feel that in this case the approach has been negative. It seems clear that there it was never any intention to use a barn as an agricultural building but was a way to shoehorn the application through.”

“The Head of Planning highlighted that suspicion or speculation about an applicant's motives are not a material planning consideration. The committee cannot take that into account. Nor is the committee considering whether the building is lawful or whether it is authorised because that has already been determined. Members are solely assessing an application for a material change of use and the impact of that change of use.”

Minutes