Agenda item - BH2012/01598 - The Level, Ditchling Road

Construction of a new skate park and associated landscaping.

(1)                   Construction of a new skate park and associated landscaping.

(2)                   It was noted that this application had formed the subject of a site visit prior to the meeting.

(3)                   The Area Planning Manager (East), Claire Burnett, introduced this item and gave a presentation by reference to photographs, plans, and concept drawings and updated the Committee that there was an error on the site plan that had been issued with the agenda, but an amended plan had been circulated at the meeting. Members’ attention was also drawn to additional representations on the Late List, and it was explained that a further two letters of support had been received that did not raise any additional planning considerations. The application site was one of the major public open spaces in the city and part of the Valley Gardens Conservation Area. There was an existing skatepark already on the Level which comprised of pine wooden structures dating from the 1970’s and they were considered to be of a poor design and state of repair and detracted from the listed buildings in the area. The report contained additional information on the background to the application and the decision to progress a masterplan for The Level which included the removal of the existing skatepark and the greening of the area with a sensory garden. The northern area of The Level was divided in 4 quadrants and used for informal recreational activities.

(4)                   The proposed skatepark would be constructed from polished concrete and sunken into the ground with some areas rising to a maximum of 0.6 metres above the ground level; the skatepark would be surrounded by planted mounds and set in from the existing paths by approximately 1 metre, and following pre-application discussions railings would now be included around the park. Although the skatepark would be located on a site that was currently grass the additional of the sensory garden on the current site of the skatepark and plans to grass over one of the northern quadrants - that was currently gravelled - would create a net increase of green space at The Level. Some of the features of the skatepark were highlighted and included the proposed entrances, lighting and cycling provision. The sunken design of the proposed skatepark would help preserve the traditional design and character of The Level, and offer a substantial improvement on the current facility. An amenity noise assessment had been undertaken on both the current skatepark and the proposed one; the results expected the proposed new site to be quieter due to the sunken design and use of concrete rather than wood; it was also noted that the current site had not been the subject of any complaints in relation to noise. The skatepark would be lit until 10 p.m. each night, and it was felt there would be little light pollution as the lighting was below the tree canopy; an improvement on the existing lighting and the nearest residential property was approximately 60 metres away. The site was considered highly assessable due to the central location, and, although low levels of car usage were anticipated in connection with the skatepark, there was adequate parking available, and cycle stands would be provided on site. For the reasons outlined in the report the application was recommended for approval.

Questions for Officers

(5)                   Councillor Hyde asked if the skatepark would be used for competitions with other visiting clubs, and in response it was explained that the application had considered the intensity of the use, and there was a condition requesting a management plan be produced which would cover such issues.

(6)                   Councillor Hyde went on to ask about the potential noise at the site, and in response Officers from Environmental Health explained that the consultant noise report had highlighted that the existing skatepark was noisier; however, the larger size and potentially increased usage could increase noise levels at the proposed site.

(7)                   Councillor Hamilton asked specific questions in relation to the loss of grassland on the northern part of The Level, and the size of the actual skateable area compared to the existing skatepark. In response it was explained that the increase in the grassland would be achieved through the grassing of an area that was currently gravelled, and the size of the proposed skateable area was greater than that of the existing site. 

(8)                   Councillor Carden asked if the skatepark would be supervised, and noted anecdotal information in relation to the operation of the current skatepark by some users. In response the Head of Development Control and the Senior Solicitor explained that the arrangements for supervision would form part of the conditioned management plan; and the question in relation to the anecdotal evidence was not relevant to the application as it did not constitute a material planning consideration.

(9)                   In response to a query from Councillor Sykes it was clarified that Officers would be consulting with the Environment Agency in regard to groundwater as the proposals would be sunken.

(10)               In response to a series of questions from Councillor Cobb it was explained that: details of The Level being a gift to residents of Brighton were not a material planning consideration; there would be 15 solid timber blocks provided around the perimeter for seating and the rational for the use of concrete as opposed to wood for the ramps was the reduced level of noise with concrete.

(11)               Mr Breckell from the Conservation Advisory Group (CAG) explained that the group had supported the application as it was respectful of the Conservation Area and an excellent piece of landscape design.

(12)               Councillor Bowden asked questions in relation to age and profile of supporters and objectors to the application. In response the Head of Development explained that the Council did not collect any data of the profile of persons who submitted comments on planning applications; instead comments were reported on the basis of whether they were material planning considerations.

(13)               In response to questions from Councillor Gilbey in relation to the materials and safety concerns it was explained that the skatepark had been designed by a professional design company who specialised in this area of work and two risk assessments had been undertaken. No additional noise was anticipated for users of The Level itself due to the sunken design of the skatepark and the use of concrete. The mounds would be approximately 0.5 metres high and would be landscaped on top; the management of landscaping would be undertaken by the City Park Team; in response to a further query from Councillor Bowden it was explained that the planting would not be dense enough to reduce the impact of noise.

Debate and Decision Making Process

(14)               Councillor Carol Theobald noted that the current facilities were in need of updating; the facility would an asset to the city, and she hoped the application was granted in line with the Officer recommendation.

(15)               Councillor Bowden noted he was in two minds in relation to the application, but noted that with the London 2012 Olympics there could potentially be an increase in the numbers of people wishing to take up such sports.

(16)               Councillor Wells noted that on the site visit he had heard the users express a preference for wooden structures rather than concrete; he went on to explain that there would be increased risk of injury with a concrete design. He noted that much of the noise had been masked by the general traffic noise in the area, but also expressed concerns that there could be a retreat in the popularity of the sport in future potentially creating an underused facility. Councillor Wells concluded that he did not agree with the loss of the green space at The Level, and he was unable to support the application if it proposed the use of concrete structures rather than wooden.

(17)               Councillor Sykes noted that the normal practise was for modern skateparks to be designed from concrete; he went on to note his support for the scheme.

(18)               Councillor Mac Cafferty noted the poor state of the existing skatepark, and highlighted that the proposal would create more green space and provide an excellent facility for the city.  Furthermore the application was a clear reflection of the views that had been expressed as part of the consultation process.

(19)               Councillor Phillips noted: the site was in an excellent central location; it encouraged active travel and transport; was supported by CAG; would provide more green space at The Level and the use of concrete would be quieter than the current wooden structures. She also noted that the consultation had produced very clear recommendations which were reflected in the proposed scheme put forward by Officers.

(20)               Councillor Hamilton noted that it was his view there was insufficient evidence that the skatepark had to be moved from the existing site, and the application would alter the traditional separation of activities at The Level.

(21)               Councillor Gilbey said she had been surprised by the amount of space the skatepark would take up when they had viewed the area at the site visit. She felt that the additional green space would not be provided as a direct result of this application as a large part of this would be achieved by removing the gravelled area and replacing it with grass. She went onto note that the new skatepark could have been provided at the existing site.

(22)               A vote was taken and planning permission was granted on a vote of 6 to 2 with 4 abstentions.

45.1       RESOLVED – That the Committee has taken into consideration and agrees with the reasons for the recommendation, and the policies and guidance set out in the report and resolves to GRANT planning permission subject to the Conditions and Informatives set out in the report.