Planning Schedule Date: 10/08/2004 - Stroud District Council

Planning Schedule Date: 10/08/2004
considerations would apply to this proposal. On the basis of the facilities being retained the
development would not be contrary to the provisions of Policies R1 and R3 of the Local Plan and
other guidance given via PPG17 - Sport and Recreation. That guidance recognises the
importance of providing space for recreation especially in urban areas.
It suggests that dual uses could be made of existing facilities to provide better and readily
available sporting facilities for the community. The long term needs of the community for
recreational uses of land should be taken into account. In urban areas Local Planning Authorities
need to balance the need for making land available for development whilst retaining sufficient
land for recreational purposes. It is important that people have close and reasonable access to
open areas and community facilities.
The scale of the development would require the provision of 'affordable housing' and negotiations
have taken place with the applicants to this effect. The development would attract the need to
provide 30% of the units for this purpose and it is proposed to secure this provision via a Section
106 Agreement in accordance with the provisions of Policy H8 of the Stroud District Local Plan
and the Council's interim Policy Statement on this matter.
The scale of the development will require the provision on site of play spaces for children and
depending on the number of units eventually developed and the number of bed spaces provided
the provision of LEAPs or LAPs will be required. These will have to be located within the
development in secure areas and will also act as areas of open amenity land. Such provision will
be secured via Condition 10. It is not proposed to require either a commuted sum or provision for
adult recreation subject to the replacement facilities being put into place for this purpose prior to
the site being developed for housing.
RECOMMENDATION
In the circumstances it is recommended the Committee Resolve not to Refuse the application
and subject to the completion of a Section 106 Agreement relating to phasing, affordable housing
provision (30%) and the transfer of 500m2 of land to Nailsworth Town Council for recreational
provision or the construction of a new village hall at a future date. The phasing shall be such that
no residential development takes place on this site until both the new playing pitch at the King
George V site is completed and the new facilities at the new stadium site are provided in full.
EUROPEAN CONVENTION OF HUMAN RIGHTS
In compiling this recommendation we have given full consideration to all aspects of the Human
Rights Act 1988 in relation to the applicant and/or the occupiers of any neighbouring or affected
properties. In particular regard has been had to Article 8 of the ECHR (Right to Respect for
private and family life) and the requirement to ensure that any interference with the right in this
Article is both permissible and proportionate. On analysing the issues raised by the application
no particular matters, other than those referred to in this report, warranted any different action to
that recommended.
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