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23 November 2010

Planning Permission granted for Lake Grounds as we win the appeal!

September 2010

Follow this link to read the Council's response to our appeal.

www.pcs.planningportal.gov.uk/pcsportal/casesearch.asp
and enter the following reference number APP/D0121/A/10/2130513/NWF into the Case reference box.

August 2010

Our appeal against North Somerset's decision to refuse permission for the skatepark:

Appeal against refusal of planning application – August 2010

Planning Ref: 09/P/1856/F

  Construction of a public skatepark including fencing and landscaping

Land at Lake Grounds, Esplanade Road, Portishead, Somerset, BS20 7HB

  Date of Application: 27 October 2009

Date of Decision: 16 February 2010

    1. Background to the appeal.

  The Portishead Skatepark Project  (PSP) have applied for planning permission to construct a public, free-to-use, skatepark on the town's main park known as The Lake Grounds. The land is owned and managed by North Somerset Council who are also the Local Planning Authority.

  The planning application was submitted to North Somerset Council in October 2009 and heard at the North Area Committee of the council on 4 February 2010.

  The application was recommended for approval by the Planning Officer. It was called to Committee by the ward Councillor Cllr. Pasley.

  The application was refused by 10 votes to 2.

    2. Brief history of planning application

  In February 2006 two skateboarding teenagers wrote to the Portishead and North Weston Town Council urging them to build a new skatepark in Portishead. In July 2006 local primary school children petitioned North Somerset Council to provide a skatepark in Portishead. A number of councillors  responded to this plea and decided to take the project forward through the town council. In September 2006 a working party of councillors, parents, young people, and representatives from the Police and Rotary Club was established under the auspices of the town council. A short while later, with the agreement of the town council, the skatepark working party became the ‘Portishead Skatepark Project’ (PSP) with its own management committee, independent of the Town Council and therefore able to raise funds from charitable trusts and the National Lottery. Two town councillors were deputed to serve on the project management committee

A consultation to establish the demand for the skatepark was carried out in late 2006 among the 5 local primary schools and the local secondary school. 655 responses were received from young people from 5 to 18 years of age.  The results showed that 65% of respondents (279 boys and 151 girls) would use the skatepark and around half of these (200) would use it at least once a week. In terms of which wheel sport they would carry out 83% (255) would use bikes, 53%(227) would use sco0ters, 35% (151) would use skateboards, and a very similar number (149) would use roller blades.

An extensive public consultation was also held in late 2006 which asked people for their view on five potential locations. Some 800 responses were received and two sites were clearly considered most popular: land near the town leisure centre at Parish Wharf (46% of preferences) and land at the Lake Grounds (33%), the towns main park. The first site was progressed but became unsuitable towards the end of 2007 following the development of a large block of apartments within 50 metres of the site.

Because of resistance from some local councillors and North Somerset Council officers the Lake Grounds location was not immediately pursued. 16 sites in the town were assessed against criteria for a successful skatepark drawn up by the PSP following extensive research and visits to more than 50 skateparks around the country. This resulted in the PSP focussing its attention on an area close to the Lake Grounds at Kilkenny Fields. Meetings with parks managers and planning officers were positive and in April 2008 a  report was presented by the PSP to Cllr Ap Rees, the Executive member responsible. However he informed the PSP in May 2008 that the site at Kilkenny Fields was unacceptable, (letter 1), and subsequently suggested that  sites near the town's outdoor swimming pool on the Lake Grounds should be explored. .

Three further sites were examined and a professionally prepared report was presented to Cllr. Ap Rees in October 2008. For different reasons all three were found to be unsuitable. Following further representations from the PSP to Cllr. Ap Rees, Russ Currie, a Leisure Services manager, was asked by Cllr. Ap Rees to examine the options at the Lake Grounds and make recommendations to him. This resulted in the planning application site being identified as the best option and the PSP being informed in March 2009 that, following discussions with Cllr. Ashton, the Leader of the Council, Cllr. Ap Rees had no objection to a planning application being submitted for that location. (Emails 1 and 2)

The PSP commissioned Jo Johnson, a landscape architect with 30 years experience and work on a full range of projects including a large number of skate parks, to draw up plans for the Lake Grounds location. These together with a Design and Access Statement were submitted with the formal planning application in October 2009.

The PSP had consulted in some depth with the local police over a period of two years who had not only supported the project but delegated a PCSO to attend the skatepark committee meetings. Letters of support had been received by the two most recent Community Sergeants and had been included in the Design and Access Statement and Planning Application. It came as a complete surprise therefore when one week before the application was due to be heard the Police Architectural Liaison Officer responded to the Planning Officer with concerns over anti-social behaviour at the Lake Grounds. This led to the application being deferred for two months and a number of meetings between the police and the PSP.

The outcome of these meetings was that the police withdrew their objection to the application with the provision of conditions that a CCTV camera be installed and a skatepark management plan be drawn up to address anti-social behaviour on the Lake Grounds.

The report to committee recommended approval with these conditions attached.

While much was made of the police's concern at the planning committee, the reasons for refusal did not include reference to the relevant policy which concerns crime reduction so this issue does not form part of the argument within these grounds of appeal.

In December 2009 the application was considered by Portishead and North Weston Town Council where it received cross party support and was approved by a majority of 8 votes to 5. Given the community nature of the project this endorsement by the town council was seen as particularly significant.

  3. Grounds of appeal

  We wish to appeal against the refusal of planning permission for two reasons. Firstly that the refusal was wrong in planning terms and secondly that the way the application was dealt with by the committee was arbitrary, undemocratic, and an abuse of process.

    3.1 Planning issues

  The committee refused the application against the recommendation of the planning case officer and contrary to the wishes of the town council and to the expressed wishes of many Portishead residents, but presented no new evidence to support their decision or explain why the professional opinion of the officer was incorrect.

  The specific grounds for refusal are stated in the Decision Notice as follows:

 

The creation of a skate park in this location will detract from the character and appearance of the surrounding amenity area, and the Unregistered Historic Park and Garden, contrary to policies ECH/1 and ECH/5 of the North Somerset Replacement Local Plan.

  The proposed skate park will have an unacceptable impact on the living conditions of the occupiers of surrounding residential properties in terms of noise and disturbance, contrary to policy GDP/2 of the North Somerset Replacement Local Plan.

 

These aspects are dealt with fully in the Design and Access Statement and were supported by the case officer in her report to committee so will not be repeated here. However we would like to make some additional points to reinforce the case for approval.

  First we would like to look at the issue of impact on the character and appearance of the Lake Grounds. In terms of policies ECH/1 and ECH/5 we were conscious of the status and sensitivity of the Lake Grounds. We took a number of decisions specifically aimed at minimising the visual impact of the skatepark. Firstly we employed an experienced landscape architect to design the skatepark and the associated landscaping. We committed most of the money we had raised over the preceding two years to pay for her services. We could have employed a skatepark construction company who would have designed our scheme for free but we wanted to ensure the best possible landscaping scheme sympathetic to the location. Our plans were discussed and agreed with the Council's landscape architect.

  We decided to use low noise concrete for the construction partly because of noise considerations but also to minimise any adverse visual impact. It is our belief that the design we have developed consisting of smooth bowls and ramps will visually enhance what is at present an area of grass.

  The landscaping scheme we are proposing including trees, shrubs, and an area of banking will essentially screen the skatepark from most viewpoints except the promenade further reducing its visual impact. The landscaping will reinforce existing trees and shrubs and make a positive contribution to the landscaping of the area.

  We would like to reinforce the fact that the area that we are considering is land that was raised up using the spoil arising from the creation of a second bowling green on the other side of the park and is presently a flat grass area. Close by is an area that is used by a concessionaire who erects a large inflatable slide and has a funfair roundabout. Nearby on the same area of land a trampoline attraction is regularly installed. The town council is actively pursuing the erection of a large play-net in this area which will be some 10m tall. There have also been proposals for a bandstand in this area. The district council have been pursuing plans for the last two years as part of the Playbuilder project for a large play structure for older children in this area. (We understand that this project has now been cancelled due to recent government cuts)

  So there are in existence or planned a number of structures which in our view have (or will have) a much greater impact on the character and appearance of the area than the skatepark.

  By contrast the skatepark, while being a large structure in terms of area, will be essentially below ground level and will have very little visual impact for users of the park.

  We would like to respond to the comments made in the consultation response from the Natural Environment Service Area. They refer negatively to the size of the skatepark in relation to the fenced area of grass and the loss of informal play space and picnicking area. They also comment that the construction of the skatepark will limit the expansion of other play facilities in the area.

  We point out in our Design and Access Statement that the area of the proposed skatepark is very similar to those at Clevedon and Nailsea which are similar sized neighbouring towns. Despite their comments to the contrary we had discussions with officers about the potential space needed for a skatepark before the fencing was installed. At the start of the application process we began discussions with officers involved in play in an attempt to fully integrate the skatepark with  future play provision. These discussions were curtailed by councillors.

  We believe that there is adequate space for the proposed play-net and other future play provision alongside the skatepark. In any case the skatepark is itself a very valuable addition to the play facilities of the area and the town and is aimed at an age range and activity that other play provision will not address.

  One further point to note is that from routine observations it is clear that the corner of the fenced-in area we wish to develop is little used at present. Most picnicking takes place at the top of the bank close to the children's play area and informal games tend to take place away from the edge bordering the road to avoid losing balls, frisbees etc. over the fence. The area including the large trees closer to the lake is very popular for tree climbing and will be unaffected by the skatepark.

  An objection raised by a number of councillors is that the Lake Grounds location is not central to the town. The town is approximately 3 miles east to west and 1 mile north to south. The Lake Grounds is reasonably central east to west but lies about one third of  a mile north of the centre of the north south axis. However the Lake Grounds is the town's largest and most used park and is the hub of the towns recreational activity. Many of our potential users are under 10s or have younger siblings and will use the facility accompanies by parents and other family members. The Lake Grounds is the only available location that  provides facilities for the whole family.

Turning to the  issue of noise and disturbance to neighbouring properties as defined in policy GDP/2. This issue is key to the acceptability of skateparks. Again it is covered fully in the Design and Access Statement and was supported by the case officer in her report to committee.

  We consulted widely over this matter before submitting the planning application. We had a number of meetings with the district council's noise officer and discussed several proposed sites with him. We also looked at several other skatepark applications around the country to gather design criteria. This led us to adopt 100m separation from nearest property as a basic criteria. As part of our preparations we visited a large concrete skatepark in Bristol with the noise officer to ascertain the likely noise levels. We also asked the noise officer to carry out noise readings at the Lake Grounds while a group of skateboarders and skaters carried out some moves with a temporary grind box on a tarmac path to simulate potential noise sources. This test was carried out on a windless June evening so was ideal in assessing potential maximum noise levels. On windy days the wind and wave noise at this location would help to mask  noise from the skatepark. The view of Environmental Protection in their consultation reply to the planning application was as follows:

Formal comments from D Young regarding the above. (If not indicated above please clarify which section your comments are from)

Further to your recent notification, I have the following comments to make regarding this application;

I have spoken with Mark Ponsford who was the officer who carried out the sound tests at the site in July 2009 (As mentioned in the Design and Access Statement).

He is of the view that the noise from the skatepark is unlikely to be an issue for nearby residential properties.  He did recommend at that time that the provision of ‘quiet’ concrete would ameliorate any effects still further.

I therefore have no objections to this proposal.

 
Given the professional opinion of the noise officer and the steps we have taken to minimise noise disturbance including quiet concrete and a raised bank we find it difficult to see how refusal based on policy GDP/2 can be sustained.

    An issue which was raised by some councillors at the committee meeting was that there were more suitable locations. This is not a valid reason for refusing the application but is worth addressing in any case. The Design and Access Statement details the assessment of 18 sites within the town against a set of ROSPA and PSP criteria. Only three sites passed this assessment. Some sites were ruled out because they would not be available at reasonable cost or would not have the consent of the owner/operator.

  The site at the Leisure Centre which was the most popular in our initial consultation was ruled out on noise and disturbance grounds once the new blocks of apartments began to be constructed. The site at Kilkenny Fields near the Lake Grounds was ruled out by the Executive Member essentially because it was in an undeveloped area of greenspace. This left the Lake Grounds site as the only one meeting all the criteria.

  Recently local councillors have pursued a site at Gordano School which is surplus to requirements. The school have agreed to have further discussions regarding the suitability of the site. In terms of our criteria it initially looks unattractive for a number of reasons: access is off a busy main road; there are no toilets (except within the school which may not be available); it is a long narrow space with little room for spectators; there are no other play facilities or refreshment facilities which would suit families; and it is away from the town centre. A full assessment has not been made and a decision has not been taken with regard to this location but this initial assessment indicates the difficulty of finding alternative locations which match the criteria we have set for developing a successful skatepark.

  The final point we would like to emphasise is the degree of public support for the skatepark at the Lake Grounds location.

  An analysis of the response to the planning application reveals that there were a total of 478 responses. Of these 16 were objections, 1 was a comment, and the rest, 461, were in support. We have analysed the response by wards and the support is well distributed across the town. All the objections bar one, which could not be placed, were in Coast ward which contains the Lake Grounds. Coast ward also produced 62 responses in support.

  349 responses were in the form of a card that we distributed to residents. The great majority of people made a personal statement on the card so it is more than a simple petition as it is described on the Council's website. Even if all these were discounted there would still be 112 people who expressed their personal support for the skatepark by letter or email or through the council's website. Clearly when given an opportunity to express a view large numbers of people in Portishead support a skatepark at the Lake Grounds.

    3.2 Process issues

  We believe the way the application was dealt with undermines the validity of the Committee's decision. Clearly in any consideration of a planning application judgements have to made and sometimes the decision can be finely balanced. However this is not true in this case and realising this we believe members of the committee tried to obfuscate the matter by raising spurious and irrelevant issues which persuaded some members to vote for refusal.

  We believe the planning process was abused in the following ways:

  The majority of the committee had pre-decided the application prior to the planning meeting

  Four members of the committee had personal and/or prejudicial interests that they failed to declare.

  The fact that landlord's consent had not been sought for the project was raised as a fundamental objection and was quoted by some members as their reason for supporting refusal. Lack of landlord's consent is not a valid reason for refusing a planning application.

  A number of councillors stated that their objection was that there were alternative  locations for the skatepark which should be pursued but they failed to consider the application site on its merits.

  The majority of members of the committee failed to adhere to their code of conduct by taking the decision in a partisan way and ignoring the views of their electorate.

  Taking these in turn:

  1.     The first statement when the application was discussed came from Cllr. Ashton who is leader of the council. He said that the application should not be heard because the applicants had not applied for Landlord's Consent and that “this was unlikely to be granted “ (his words). He proposed that the application be deferred until the issue of Landlord's Consent had been resolved.

  It was clear from this statement and from subsequent comments from other councillors that the issue of the skatepark had been discussed prior to the meeting.  It seems reasonable to conclude that the Executive Members present had discussed the skatepark prior to the meeting and reached a decision NOT to give Landlord's Consent irrespective of the outcome of the planning application. It is normal practice for political groups to meet prior to the planning committee to discuss items on the agenda so it is reasonable to assume that the discussions within the Executive were communicated to other  councillors present and a joint decision arrived at to refuse the application PRIOR to the discussion at the meeting.

  It should also be remembered that Cllr. Ashton had been consulted by Cllr. Ap Rees and had been party to the decision to allow the PSP to submit the application for the Lake Grounds site (Email 1). He was therefore fully aware that the issue of landlord's consent had been effectively deferred pending the outcome of the planning application. This position is supported by Russ Currie, the Leisure Services Officer charged with a review of sites at the Lake Grounds. He confirmed, subsequent to the planning committee, that his understanding was that Landlord's Consent would not be used unreasonably to frustrate our plans provided planning consent was granted (Email 3).

    2.    Three members of the committee are on the Executive of North Somerset Council and have some responsibility in determining whether the skatepark should be allowed to be developed on Council-owned land: Cllr. Ashton is leader of the council and chairman of the Executive; Cllr. Baker is responsible for Leisure Services which includes public parks; Cllr. Francis-Pester is responsible for asset management which includes leasing council property. These three members clearly have an interest in the skatepark application which they should have declared particularly if they had been discussing it together prior to the meeting. They should not have taken part in the meeting other than making a statement of their positions and should not have voted. It is clear that the issue of landlord's consent had been discussed prior to the meeting and Cllr. Francis-Pester confirmed subsequently that he had voted against the application after being advised that landlord's consent and policing issues were important (Email 4). These three members were clearly prejudiced in their consideration of the application.

  Cllr. Pasley is the ward councillor and his house lies about 200 metres from the application site. Prior to the discussion of the item, in response to a direct request from the committee clerk, he stated that he lived in the vicinity of the Lake Grounds but that he did not have a personal or prejudicial interest in the application. However at Portishead Town Council meetings he has declared a personal interest in items relating to the Lake Grounds and withdrawn from discussions. In his address to the Committee he referred to the impact on him personally of antisocial behaviour at the Lake Grounds indicating that he did indeed have a personal and prejudicial interest. A formal complaint against Cllr. Pasley has been made in relation to his failure to declare a prejudicial interest at the planning committee.

  3.    As mentioned above, at the start of the discussion on this item on the agenda Cllr. Ashton raised the issue of Landlord's Consent. Experienced councillors like Cllr. Ashton should know that the consent of the owner is not relevant to the determination of a planning application which must be decided on its merits in planning terms. As mentioned in the background section the application was submitted with the consent of Cllr. Ap Rees who was the Executive Member responsible for parks at the time. (Subsequently Cllr. Baker took this responsibility). Cllr. Ashton had been party to this decision so introducing this issue at this time was specious and designed to persuade members to refuse the application despite the evidence in favour of approval. A number of members mentioned this issue as part of their reason for refusal.

    4.    A number of Councillors stated that they thought other locations were more suitable and gave this as their reason for refusal. This is not a relevant consideration in determining a planning application which must be considered on its merits. The committee report stated there were no in-principle objections to a skatepark in the proposed location. In fact the applicant has explored 16 locations in Portishead and a full analysis of these locations was included in the application. Councillors will have known this. The only other location that met most of the criteria for a successful skatepark was at Kilkenny Fields and this had been  turned down previously by Cllr. Ap Rees.

    5.     It was clear from the conduct of the meeting that the majority of councillors were complicit in making a decision contrary to the evidence presented, contrary to the expressed wishes of the people of Portishead, contrary to the decision of the Town Council, and contrary to the professional opinion of the planning officer.

  The members code of conduct states that members should be objective and  should make decisions on merit. They may take account of the views of others, including their political groups, but should reach their own conclusions on the issues before them and act in accordance with those conclusions. It is our contention that the majority of councillors present failed to consider the application on its merits.

    4. Conclusion

  The stated reasons for refusal were that the skatepark would detract from the character and appearance of the Lake Grounds and it would have an unacceptable impact on the living conditions of residents due to noise. Both these matters had been addressed comprehensively within the application and in the report to committee which recommended approval. The Skatepark Project paid particular attention to these factors, employing a well established and experienced landscape architect to carry out the design work  and consulting intensively with the Council's noise officer in developing the design for the site.  No new evidence was presented to invalidate the professional judgement of the planning case officer or the noise officer.

  The committee failed to address the application on its merits; arguments  put forward by several councillors were not relevant or legitimate reasons for refusal; several councillors held prejudicial positions with regard to the application; the majority of councillors failed in their duty to act impartially or represent the wish of the electorate.

  For all the above reasons the applicant appeals against the decision of North Somerset Council to refuse the application.

Letter 1 dated 13 May 2008 from Cllr ap Rees to Tony Mosely Chair of PSP

  Dear Mr Mosely

  Thank you for your letter and enclosure of 11th April 2008.

  As no doubt you are aware, this proposal has raised considerable issues and objections and the suggested site at Nore Road (i.e. Kilkenny Fields) is clearly not acceptable.  I have asked officers and local District Councillors for alternative ideas but cannot promise an early answer.

  Can I suggest you discuss the issue with the Town Council.

  Kind Regards

  Yours sincerely

Councillor Elfan Ap Rees

Deputy Leader of the Council

 

-------------------------------------------------------------------------------------------------------

Email 1 dated 11 March 2009 from Russ Currie to Jon Gething

  From: Russ Currie <Russ.Currie@n-somerset.gov.uk>

Date: 11 March 2009 11:11:39 GMT

To: Jon Gething <jongething@mac.com>

Subject: RE: Portishead Skatepark

  Jon,

  I met with Elfan on Monday, he took all I had to say on board and said

that he would speak with the Leader.

  Regards,

Russ.

    Russ Currie

Leisure Manager, Leisure Service

 

Tel: 01934 427 257

Fax: 01934 612 323

Address: North Somerset Council, Leisure Office, Winter Gardens, Royal

Parade, Weston-super-Mare BS23 1AJ

Email: www.n-somerset.gov.uk

  -------------------------------------------------------------------------------------------------------

Email 2 dated 16 march from Elfan ap Rees to Russ Currie

  From: Elfan Ap Rees (Councillor)

Sent: 16 March 2009 10:00

To: Russ Currie

Subject: Skate park Portishead

    Russ...

Having considered the latest proposal there is no objection to the Project putting in a planning application for the site we discussed (i.e. the application site at the Lake Grounds). However satisfactory landscaping will be important ,as will materials to blend in as much as possible with the area.

  Cllr Elfan Ap Rees

Deputy Leader

  -------------------------------------------------------------------------------------------------------

Email 3 dated 9 March 2010.  Correspondence between Russ Currie and Jon Gething

 

From: Russ Currie <Russ.Currie@n-somerset.gov.uk>

Date: 9 March 2010 14:16:50 GMT

To: Jon Gething <jongething@mac.com>

Subject: RE: Landlord's consent for skatepark

  Jon,

  Sorry for the slow response, your mail seems to have been hiding in my in box.

  With regard to your question about Landlords Consent, I can confirm that my understanding of the situation at the time was as you describe below.

  Regards,

Russ.

    From: Jon Gething [mailto:jongething@mac.com]

Sent: Tue 02/03/2010 17:49

To: Russ Currie

Subject: Landlord's consent for skatepark

  Hi Russ

  no doubt you know the outcome of the planning application for the skatepark.

  We were  told at the North Area Committee by Cllr Ashton that we should not be seeking planning permission before securing landlord's consent which in his opinion was unlikely to be granted.

  You will recall that on 16 March 2009 you forwarded us an email from  Cllr Ap Rees stating he had no objection to us submitting a planning application for the Lake Grounds location. I rang you after receiving this and asked you whether, even if we gained planning consent, Landlord's Consent would be used as a pretext for preventing us proceeding.

  You reassured me that it was your understanding that Landlord's Consent would not be used unreasonably to frustrate our plans provided planning consent was granted.

  Could you confirm that this was your opinion at the time.

  Regards

  Jon

  Jon Gething (for the Portishead Skatepark Project)

Jasmine Cottage, 63 West Hill, Portishead, Bristol BS20 6LG

Tel: 01275 848025

jongething@mac.com

  -------------------------------------------------------------------------------------------------------

Email 4 dated 16 February 2010. Correspondence between Carl Francis-Pester and Cllr Liese Stanley

  From: Carl Francis-Pester (Councillor)

To: Leise & Jon

Sent: Tuesday, February 16, 2010 10:13 PM

Subject: RE: Portishead Skatepark

  Dear Cllr Stanley,

  Concerns were raised with me regarding Policing issues in that area and landlord's consent.

  Regards.

  Carl Francis-Pester

    From: Leise & Jon [mailto:liese.stanley@homecall.co.uk]

Sent: Mon 08/02/2010 12:41

To: Carl Francis-Pester (Councillor)

Subject: Portishead Skatepark

  Dear Cllr Pester,

  I am a Portishead Town Councillor (East Ward) and also a member of the Portishead Skatepark Committee, asked to become a member by Town Council.

Just to be very clear, as I have been asked by several residents recently, what exactly was your reason or reasons for voting against the Skatepark at the Lake Grounds at the Planning Committee on Thursday 4th February?

Obviously I don't want to misrepresent anybody's decision!

  Kind regards,

  Cllr Liese Stanley,

Portishead and North Weston Town Council

  -------------------------------------------------------------------------------------------------------

February 2010

  North Somerset Council Planning Officer Catherine Pearce's report which recommended approval with conditions. However when submitted to the NSC North Area Planning Committee, the councillors voted not to approve it.

NORTH AREA COMMITTEE
4 FEBRUARY 2010
5.1 / ITEM NO: 1/ APPLICATION NO: 09/P/1856/F
TARGET DATE: 22-DEC-2009
APPLICANTS NAME: Portishead Skatepark Project
APPLICATION: Construction of a public skatepark including fencing and landscaping
SITE ADDRESS: Land at Lake Grounds, Esplanade Road, Portishead, BS20 7HB
PARISH/WARD: Portishead Coast
WARD COUNCILLOR(S): Pasley
The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.
(missing, sorry)
LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

1. 09/P/1856/F CONSTRUCTION OF A PUBLIC SKATEPARK INCLUDING FENCING AND LANDSCAPING ON LAND AT THE LAKE GROUNDS, ESPLANADE, PORTISHEAD
(GR 34633 17709) Catherine Pearce

REFERRED DELEGATED ITEM BY COUNCILLOR PASLEY

Site Description

The application site comprises a raised area of land adjacent to Esplanade Road lying between the Lake Ground Café and the Boat Shed. It forms part of the Lake Grounds Open Space, which is also designated in the local plan as an Amenity area and an Unregistered Historic Park & Garden. The application site measures approximately 40 metres long by 30 metres deep and is currently grassed. A metal bow top fence runs along the north-eastern and north-western boundaries of the site.

Relevant Planning History
Year..........Reference... Proposal.............................................. Decision
1987....... 2239/87......Construction of a bowling green............Approved with 5 year condition
1982....... 3106/82......Raise level of land between café and boathouse by approximately 2ft
Approved with 5 year condition

The Application

The proposed skate park will be roughly oval in shape, measuring approximately 20m by 30m. On the south-eastern corner there will be an area of play equipment for users aged 10 or over, to include a seating rail for spectators. Access into the skate park will be via a tarmac path from Esplanade Road. There will also be a pedestrian gate in the eastern boundary.

The detailed design of the skate park will consist of three sunken areas with various obstacles and ramps suitable for all types of wheeled users (e.g. skateboarders, bmx bikes, in-line skates and scooters. The raised items will be no higher than 0.5m above the existing ground level. The skate park will be constructed of in-situ sprayed concrete for the bowls and features. The skate park will be surrounded by a 1.2 metre high bow top metal fencing, to match the existing.

To the eastern edge of the skate park, a 1.5 metre high grassed bank will be provided (created using the dug-out material), to act as a visual and noise shield for the residential properties to the east and to provide informal seating for spectators. Extensive landscaping is proposed around the eastern side of the grassed bank to soften the proposals and all existing shrubs and trees will be retained.

Policy Framework

The site is located within the settlement boundary of Portishead.

Development Plan

North Somerset Replacement Local Plan (NSRLP)

Policy GDP/2 Environmental and public protection
Policy GDP/3 Promoting good design and sustainable construction
Policy ECH/1 Amenity Areas and gateways to settlements
Policy ECH/5 Historic Parks and Gardens
Policy CF/2 Cultural and Community facilities within settlement boundaries.

Consultations

Third Parties: 17 letters of objection have been received. The principal planning points made are as follows:
1. The proposed skate park would have a detrimental impact on amount of grassed recreational space and would adversely impact on the character of the Lake Grounds.
2. The skate park will act as a magnet for more teenagers after dark who will not be using the skate park, but will be carrying out anti-social behaviour.
3. The location of the skate park is not appropriate, in terms of the population it would serve. Other sites would be better suited.
4. Concern about the additional noise in what is a quiet tranquil area, which would be harmful to the amenities of nearby residents.
5. Concerns about potential drainage issues and flooding issues.
6. The development would not blend into the surrounding area.
7. There is not enough parking or access to public transport.

108 letters of support have been received. The principal planning points made are as follows:
1. There are few facilities in Portishead for the increasing number of older children, and therefore there is a genuine need for this facility.
2. This site is the most suitable site.
3. The proposed site is well located for young people to access it. The skate park would be used in connection with and compliment the other facilities at the lake grounds, such as the young children’s play areas, open space and toilets etc.
4. The lake grounds area is already policed regularly and the addition of a skate park will not cause additional burden to police resources.
5. The local community policing team support the proposals.
6. It will be unofficially supervised by all users of the lake grounds.
7. The proposed site is far enough away from homes to prevent noise being an issue to local residents.
8. The skate park is well designed and will be visually acceptable.
In addition, 349 standard response postcards (labelled as a petition on the website) have been received.

Portishead and North Weston Town Council: “Recommendation – No objections”.

Planning Issues

The principal planning issues in this case are (a) the principle of a skate park in this location; (b) The visual impact of the development on the character and appearance of the area; (c) The impacts on the living conditions of the surrounding residents; (d) crime and disorder issues; and (e) Other issues.

Issue 1: The principle of a skate park in this location
The application site lies within the settlement boundary of Portishead. Policy CF/2 of the North Somerset Replacement Local Plan allows for cultural and community facilities within settlement boundaries, and states that consideration should be had to the possibility of site sharing with existing facilities, and that proposals are in accessible and sustainable locations. No objection is raised therefore in principle of a skate park in this location, however, careful consideration should be given to the proposed development in terms of its impact on the character and appearance of the area, and its impact on nearby residents in terms of noise and disturbance.

Issue 2: The visual impact of the development on the character and appearance of the area
Policy ECH/1 states that planning permission should not be granted for new development that unacceptably harms the amenity of open space of public value (defined as amenity areas on the proposals maps). The proposed skate park will provide an additional facility within an existing defined amenity area. Whilst the skate park will reduce the overall amount of open grass within the fenced area the overall use remains that of amenity, albeit with the introduction of a new activity. The proposed skate park has been sensitively designed and landscaped and is well integrated with its surroundings. The sunken nature of the concrete bowls, and minimal height of the raised items reduces the visibility of the development and combined with suitable planting, and the retention of the existing planting the impact of the skate park on its surroundings will not be significant. It is considered that the proposed development will not detract from the appearance of the surrounding amenity area, and is in accordance with policy ECH/1 of the North Somerset Replacement Local Plan.

Policy ECH/5 states that development likely to affect a Historic Park or Garden, or its setting will only be permitted when: its historic character and appearance will not be unacceptably harmed. The site of the application, was created with the spoil from the creation of the Bowling Green in the 1980’s, therefore there is little potential for archaeological remains or any specific features of historic interest to be adversely affected. The character of this particular space will inevitably change with the introduction of a new skate park. However, this should be seen in the context of an established play space within the Lake Grounds and is considered to be preferable to spreading facilities elsewhere in the park where its quiet enjoyment could be more significantly affected. The proposed development is therefore considered to be acceptable in terms of policy ECH/5 of the North Somerset Replacement Local Plan.

It is therefore considered that the proposals comply with policies GDP/3, ECH/1 and ECH/5 of the North Somerset Replacement Local Plan.

Issue 3: Impact on living conditions of the surrounding residents
Policy GDP/2 of the North Somerset Replacement Local Plan sets out that development which would result in harm to amenity will only be permitted if the potential adverse effects could be mitigated to an acceptable level by other control regimes or by measures included in the proposals or by planning conditions.

The closest residential properties are approximately 100 metres to the south-west on Beach Road West.

The proposed skate park, which will be mostly dug into the ground will not affect any of the neighbouring properties in terms of loss of light, privacy or have an overbearing impact, in accordance with policies GDP/2 and GDP/3 of the North Somerset Replacement Local Plan.

Sound tests have been undertaken by the Environmental Protection Team on behalf of the applicants in July 2009 (as outlined in the Design & Access Statement). The results of these tests showed that noise from the use of the skate park would be unlikely to have a significant impact on residential properties, when considered in connection with the daytime background noise from the existing play facilities and traffic on Esplanade Road. In addition, the use of ‘quiet’ concrete is generally considered to be the quietest surface with the least acoustic resonance. It is therefore considered that the proposal would not have a significant adverse effect on the living conditions of the neighbouring residential properties by way of noise and disturbance, in accordance with policy GDP/2 of the North Somerset Replacement Local Plan.

Issue 4: Crime and disorder issues
Concerns have been expressed by the Police Crime Prevention Design Advisor, in that the proposed skate park will exacerbate the existing anti-social behaviour (ASB) problems that are currently experienced within the Lake Grounds area.

Although it is acknowledged that each park should be considered on its own merits, the police point out that in the majority of other skate parks within the Avon and Somerset Force area, the introduction of a skate park has acted as a magnet, increasing the number of youths in the area. It has been found that during darkness, when the skate parks use ceases, the skate park can become a gathering point for youths to loiter and commit ASB offences. Where there has been anti-social behaviour before, the introduction of a skate park can increase these problems.

Whilst there is scope for adequate surveillance during the day from the users of the park and Esplanade Road, the main concern relates to the lack of night-time natural surveillance or lack of a ‘capable guardian’ (either in the form of CCTV or a suitable authority / adult – other than polices officers). It is therefore the concern of the Police that the addition of a skate park in the lake grounds would increase ASB at night and place further demand on police resources.

There are a few examples of ‘successful’ skate parks in terms of ASB issues, such as Scotch Horn Millennium Park. This is due to the Monitored CCTV (by NSC), a constant flow of vehicular traffic using the Tesco’s store and pedestrians regularly passing as they walk through the park, even up to the early hours of the morning.

The Crime and Disorder Act 1998 makes it clear that it is the responsibility of the Local Authority, Police and others to ensure that where an issue is highlighted, they should do all that they reasonably can to prevent crime and disorder. Planning Policy Statement 1 is clear that crime prevention can be a material consideration. Policy GDP/3 of the local plan seeks to ensure that account is taken of the opportunity to reduce crime through the design of new development.

The applicants have had extensive discussions with the Police Crime Prevention Design Advisor to look at possible solutions to this issue. One solution would be to provide a security fence, which could be gated and locked at dusk. However, it is considered that this would not be a visually acceptable option within the lake grounds.

The applicants and Police Crime Prevention Design Advisor have agreed a set of measures, based on other successful skate parks that have avoided such ASB issues.

The first is that a monitored CCTV camera linked into the NSC System, (with infra red capability) in agreement with the Councils CCTV Control and the Avon and Somerset Constabulary Crime Prevention Design Advisor should be installed prior to the skate park opening.

The second is that a Management Plan is entered into by the Skate Park Group, the Avon and Somerset Constabulary and other relevant parties / user groups as necessary. This management plan will include an agreement on the following topics and principles:
Skate Park Committee to participate in wider ASB issues before the opening of the park.
Continued participation with ASB issues in partnership with others. (Police, council, youth group etc)
Events to encourage youth inclusion.
Ongoing maintenance, clear-up etc
Appropriate signage.
Should an escalation of issues occur - agreed time periods of intervention.

On the basis of these measures, the Police Crime Prevention Design Advisor has withdrawn the original objections to the proposal.

It is therefore considered that the proposed skate park includes elements to reduce opportunities for crime, in accordance with policy GDP/3 of the North Somerset Replacement Local Plan.

Issue 5: Other Issues
The site is in a central location, and is close proximity to parking. The highways engineer has raised no objection to the proposals in terms of levels of parking or highway safety, in accordance with policies T/6 and T/10 of the North Somerset Replacement Local Plan.

In terms of drainage, there will be no foul sewerage required at the site. The basic proposals to drain the surface water from the skate park into the lake are considered to be acceptable in principle, in accordance with policy GDP/2 of the North Somerset Replacement Local Plan. A condition is proposed to ensure that the details are submitted for approval, prior to the commencement of development.

Conclusion and Summary of Reasons for Approval

The construction of a skate park will provide a community facility, in accordance with policy CF/2 of the North Somerset Replacement Local Plan. The proposals will not unacceptably harm the visual character and appearance of the amenity space, and unregistered historic park and garden in accordance with policies ECH/1 and ECH/5 of the North Somerset Replacement Local Plan. The design of the proposals will reduce the opportunities for crime, in accordance with policy GDP/3 of the North Somerset Replacement Local Plan.

RECOMMENDATION: APPROVE subject to the following conditions:
1. The development hereby permitted shall be begun before the expiry of three years from the date of this permission.
Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.

2. No development shall take place until details of a landscaping scheme have been submitted to and approved, in writing, by the Local Planning Authority.
Reason: To ensure that a satisfactory landscaping scheme is prepared and in accordance with Policy GDP/3 of the North Somerset Replacement Local Plan.

3. All works comprised in the approved details of landscaping shall be carried out during the months of October to March inclusive following occupation of the buildings or completion of the development, whichever is the sooner.
Reason: To ensure that the approved landscaping scheme/s are implemented and in accordance with Policy GDP/3 of the North Somerset Replacement Local Plan.

4. Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of ten years following full implementation of the landscaping scheme, are removed without prior written consent from the Local Planning Authority or die, become seriously diseased or are damaged, shall be replaced in the first available planting season with others of such species and size as the Authority may specify.
Reason: To ensure as far as possible that the landscaping scheme is fully effective and in accordance with Policy GDP/3 of the North Somerset Replacement Local Plan.

5. No development shall be commenced until drainage details have been submitted to and approved by the Local Planning Authority. Such works shall be carried out concurrently with the development to a programme to be agreed and approved, in writing, by the Local Planning Authority.
Reason: To ensure that the development is served by a satisfactory system of foul and surface water drainage and in accordance with Policy GDP/2 of the North Somerset Replacement Local Plan.

6. No external means of illumination shall be used on the site unless details of the lighting have first been approved in writing by the Local Planning Authority.
Reason: In the interest of visual amenity and to protect the amenities of the neighbouring residential properties, in accordance with policies GDP/2 and GDP/3 of the North Somerset Replacement Local Plan.

7. The use hereby permitted shall not be commenced until a monitored CCTV camera linked into the NSC System, (with infra red capability) has been installed and is operational, in agreement with the Councils CCTV Control and the Avon and Somerset Constabulary Crime Prevention Design Advisor. The camera shall thereafter be retained and maintained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To reduce the risks of crime and to protect users of the skate park and in accordance with Policy GDP/3 of the North Somerset Replacement Local Plan.

8. Prior to the commencement of the use hereby approved, a management plan between the skate park user group and the Avon and Somerset Constabulary (and involving any other designated bodies as appropriate) which sets out measures to mitigate and reduce crime related issues on the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be implemented in accordance with the approved details and shall be made available for monitoring purposes by the Local Planning Authority.
Reason: In the interests of reducing the risks of crime and disorder to protect users of the skate park and in accordance with Policy GDP/3 of the North Somerset Replacement Local Plan.

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Detailed design

Please click on image below to enlarge and then zoom in for more detail.

The project's Design and Access statement September 2009

This report has been prepared to accompany the submission of a planning application for the development of a skatepark at the Lake Grounds in Portishead. Click here to view the Planning Application Form (it may take a few minutes to load as it is a large file).

See "How to support" for details on how to contact the council.

1. Summary and conclusion

The Portishead Skatepark Project (PSP) are seeking planning consent for the development of a free-to-use community skatepark suitable for a range of abilities and wheel sports on an area of land within the extended play area at Portishead Lake Grounds. The report considers a range of issues including site selection, landscaping, impact on other users of the Lake Grounds, impacts on residents, benefits to users, and wider benefits to the town, and concludes that the new facility will have minimal impact on either residents or visitors and will bring many benefits including improved community cohesion and better health for young people.

2. Background

Portishead Town Council set up a Skatepark Working Group in July 2006 to investigate the need for a new skatepark in the town. In October with the agreement of the Town Council the group became an independent community group under the banner of the Portishead Skatepark Project (PSP). Two town councillors were appointed to the project management committee and at least one has attended on a regular basis.

The project organises the Skatepark User Group who are actively involved in the project and three users sit on the management committee. The committee have actively campaigned for the new skatepark for the past three years making regular presentations to the Town Council, conducting extensive public consultations, organising fundraising events, conducting an exhaustive search for suitable locations, and engaging in lengthy discussions with officers from the Streets and Open Spaces, Children and Young People, and Planning Departments at North Somerset Council. Finally in May 2009 a decision was reached in conjunction with the North Somerset Council to submit a planning application on a site at the Lake Grounds.

3. The proposed development

The PSP are proposing to develop a concrete skatepark largely sunk into the raised area of land adjacent to the boat house on the lake Grounds in Portishead. The design will consist of three sunken areas with various obstacles and ramps suitable for bmx bikes, in-line skates, skateboards, and scooters.

A plan of the proposed facility showing the operational area, adjoining small 10+ play area, banking, landscaping, fencing, and access gates is shown above. Extensive research into skateparks in the UK and abroad was undertaken including visits to more than 50 skateparks around the UK. This together with published criteria from RoSPA and the British Standards Institute led to the following design criteria for the park:

• should be suitable for users of all abilities from beginners to experienced users
• suitable for sports wheel chair users
• provide activities for spectators who want to be active but not participate in the wheeled activities
• provide informal seating for spectators and users
• maintain access around the boat house for people walking around the lake and for activities associated with the boat house
• be visible to visitors using the promenade but largely screened from residents along Lake Road and Beach Road West
• encourage users to access off the promenade and discourage access from the play area and the lakeside
• minimise interaction between the skatepark users and other users of the Lake Grounds including walkers and users of the play area

The specific layout of the concrete bowls and ramps are indicative of the final design but may change prior to construction in light of more detailed consultation with users and constraints identified at the construction stage. The overall footprint and the banking and landscaping details are intended to be the final design subject to any changes resulting from the planning process.

For more images of the proposed skatepark and location map see Design page

3.1. Size of proposed facility.

The operational area of the skatepark will be approximately 30m x 20m in extent and will utilise about 15% of the fenced area which includes the childrenÕs play area. This is similar in size to other facilities in North Somerset. A graphic showing the proposed skatepark with the footprint of Nailsea and Clevedon skateparks superimposed is shown right.

3.2. Choice of location

The PSP has been searching for an appropriate site for more than two years. In all some 16 locations have been investigated. After extensive consultation followed by negotiation and discussion with councillors and officers of North Somerset Council it was agreed that a planning application should be submitted on the proposed site.

The initial consultation carried out in 2006 identified two sites, at Parish Wharf and at the Lake Grounds, as the most popular. The site at the Parish Wharf Leisure Centre was rejected on advice from North Somerset Council Environmental Health Department who expressed concern that noise could pose a significant problem. New harbourside developments were being erected which would be no more than 50m from the proposed site with little opportunity for noise reduction measures.

A detailed account of the location search process is contained in Appendix A and Appendix B.

3.3 Consultation

Extensive consultation has been held at every stage of the project and a project website, www.portisheadsk8.org.uk has been developed to provide up-to-date information on the progress of the project.

Schools

A survey of all Portishead schools was carried out in November 2006 at the start of the project to find out how many people might use the park and what they would ride if they did. 655 survey forms were returned and the results were encouraging: 430 young people would use the park of whom two thirds are boys and one third girls. Nearly half said they would use it at least once a week. Around half of respondents were aged 10-13, a third were aged 5-9 and just under a fifth were 14 or over. Over 80% said they would use bikes, half would use scooters, and about a third would use either skateboards or in-line skates.

Public

A public consultation was carried out during the winter of 2006/2007. People were asked for their views on five potential locations including Parish Wharf, Lake Grounds, Kilkenny Fields, land at Bristol Road, and in the new Village Quarter.

A face to face consultation was carried out at at the Victorian evening in December 2006 when 350 responses were obtained. 2000 leaflets were distributed covering every area in the town and 400 returns were received. 50 responses were received from an article in the local papers. In all more than 800 responses were received.

94% of respondents supported the proposal for a new skatepark. Of the five locations 46% preferred the Parish Wharf location and 33% the Lake Grounds; less than 20% preferred any of the the other three sites.

As well as the numeric information people were invited to make comments. 143 comments were received of which 21 expressed specific opposition to the Lake Grounds.

Most recently, following the decision to proceed with a planning application for the Lake Grounds location, a public exhibition was held at the Folk Hall where the plans for the skatepark were put on display from 2pm to 8pm on 9th June. 120 people attended during the day and 67 left comments on the sheets provided. Of these 46 supported the skatepark in the proposed location while 18 supported it but wanted it at another location. Specific concerns raised included the level of anti-social behaviour, noise, spoiling the Lake Grounds, loss of play area, and impact on wildfowl. There was also a verbal concern expressed concerning loss of wind to model sailing boats.

The conclusions from these consultations were that overall support for a new skatepark was very strong and that there is good support for locating it at the Lake Grounds. However a small number of people object to the Lake Grounds location; the primary reason for this appearing to be a concern about increased anti-social behaviour.

Neighbours

On August 8th 2009 an on-site consultation was held for the immediate neighbours of the site. 270 leaflets were hand delivered to houses that in some way overlooked the site. This included houses in Lake Road (all), Rodmoor Road (all), Beach Road West (all), Beach Hill (all), Battery Lane (all), Woodhill Road (west side only), and Nore Road (north side only between Beach Hill and Battery Road).

The footprint of the proposed facility was pegged out and the height and line of the banking was delineated with posts.

45 people attended the event including five town councillors. About half the attendees supported the proposal while the other half were opposed in some respect. A local Police Community Support Officer attended the event and was able to reassure some people about the steps the police have taken to reduce alcohol use at the Lake Grounds and one attendee remarked that the area had been much quieter this year.

Attendees were generally pleased to see that the design had been changed in response to the earlier consultation at the Folk Hall.

No new issues were raised and again the main concern of those opposed to the proposal was the fear of increased anti-social behaviour.

The Town Council

The Town Council have been kept informed about the project on a regular basis. More specifically a visit for councillors to view a similar skatepark at Chepstow was organised in May 2009. This skatepark is a similar construction to the one proposed. Three councillors and a local resident who lives in the closest property took the opportunity to visit the facility with members of the project committee and the project designer.

Police

The local police have been involved in the project from the start being on the steering group and assisting with provision of temporary skate ramps. In September 2008 Sgt. Scoble stated,

'The police in Portishead fully support the proposals made so far by Portishead Skatepark Project. As part of our community policing we are in touch with young people in the town every day and a large percentage of the youth has a keen interest in skateboarding and BMXing. We support any youth activity and understand the frustrations the young people are experiencing over PSP. We have taken the step of joining the project and hope to make a positive contribution. A few members of the public have expressed concerns about anti social behaviour occurring wherever the park goes but we have no evidence at all to suggest a project like this encourages such behaviour.'

In May 2009, in response to the selection of the Lake Grounds location, Sgt. Lee Ashdown said,

'The local Neighbourhood Policing Team and I fully support the efforts of the Skate Park Project to find a location for the construction of this worth while scheme and consider that the Lake Grounds is the best option available to them at this time. We fully endorse the scheme for giving the youth of Portishead a central location to meet and carry out healthy activities which they have been asking to have for some time and divert them from anti-social behaviour or petty crime'.

Other

The positive public attitude towards the project has also been shown by the level of support for the various fund-raising initiatives undertaken over the past three years. More than £6000 has been raised from a prize draw, concert, tombola stalls, sponsored swims and sponsored runs. The Portishead Rotary have given major support to the project as have more than 61 shops and businesses as well as Portishead Youth Club, North Somerset Business Club, the Methodist Church, and Gordano School.

3.4. Operation

In order to minimise construction and maintenance costs the skatepark will be unlit and unlocked so will be available during daylight hours only and many skateparks visited by the project operate like this. It will be unsupervised and will rely on informal supervision of passers by and other users of the Lake Grounds facilities. The Lake Grounds is well used throughout the day by adults and children engaging in a wide range of formal and informal activities which will ensure a high level of informal supervision.

4. Council planning policies

The proposal has been tested against the following Council planning policies contained within the Local Plan:

4.1 Policy CF/2 Cultural and Community facilities within settlement boundaries.

The need for a new centrally located skatepark has been demonstrated by the Town Council in setting up a working group in 2006 in response to representations from users. This has been reinforced by the results of extensive public consultation at the end of 2006 in which 94% of over 800 respondents supported the establishment of a new skatepark facility. 600 responses were received from a schools survey indicating more than 400 young people would use the skatepark at varying frequencies.

At present there are some problems with skateboarders using inappropriate locations such as High Down School and the Marina.

An existing small skatepark exists at Merlin Park in the upper area of the town. This is a small facility and not centrally located so is unable to satisfy the demand.

The proposed site is centrally located in the town and is accessible by foot or wheels. 75% of the population of the town live within a one mile radius. It is within the town's main central public park.

The nearest bus stop is 350m from the location. It is anticipated that most users will come to the site under their own power either on their wheels or by foot. The facility will be designed to enable access and use by sports wheelchair users.

It is recognised that there is a lack of outdoor play facilities for teenagers at the Lake Grounds so the proposal includes some equipment in the 10+ play area attractive to the age group which might wish to watch others using the skatepark.

The site is readily accessible by emergency vehicles and the police.

4.2 Policy ECH/1 Amenity areas and gateways to settlements

The proposed skatepark will provide an additional public amenity within an existing public park. The hard surfaced operational area of the proposed skatepark will take about 15% of the total enclosed play area and around 3% of the level open grass space at the Lake Grounds including the cricket field. It will be about half the size of the existing tennis courts and about one sixth the size of the bowling greens. The skatepark will reduce the open grass area within the fenced play area but there will be a net amenity benefit in providing a new activity that will be used by a large number of young people.

4.3 Policy ECH/5 Historic parks and gardens.

The Lake Grounds is an unregistered historic park or garden and it is therefore important that any new facilities placed there do not detract from this designation and if possible enhance the landscape value of the park.

The proposed site of the new skatepark is relatively new in form having been created in 1987 by dumping the excavated spoil from the second bowling green. There are no archaeological records for the area.

The facility will be sunk into the contours of the area with a few raised items no more than 50cm above existing ground level. A grassed bank approximately 1.5m in height will be raised at the lower end of the site to provide a visual and noise shield for residential properties along the adjacent roads. The bank will also provide an informal seating area for spectators. The bank will be outside the barrier fencing of the skatepark and so will be available to other users of the play area for sitting and playing on.

Extensive landscaping will be applied around the area to soften its impact and to shield it from residential properties. All the existing trees and shrubs will be retained. The rounded shapes of the various bowls that comprise the skatepark will be aesthetically attractive in their own right and will complement the natural forms within the current landscape.

4.4 Policy GDP/2 Environmental and public protection

The skatepark could potentially harm the amenity of the area by being visually unattractive and out of keeping with the park and by causing noise which is a nuisance to local residents or visitors. The first aspect is dealt with in section 4.3 above.

Noise emanating from a skate park is determined by a number of factors: the type of surface used for the ramps and jumps, the type of surface the ramps and jumps are installed upon, the topography of the skatepark i.e. whether it is above or below ground level, the height and weight of the rider, the type of board used, and the type of wheels on the skateboard. Some noise will also be generated by skaters and spectators communicating with each other.

A number of studies have compared different types of skatepark and concrete is generally regarded as the quietest surface with the least acoustic resonance particularly when it is installed as a seamless facility without any change of riding surface between the level area and the jumps.

A recent survey by another district council into the proximity of concrete skate park facilities to residential properties looked at seven concrete skateparks around the country, located between 40m and 100m from the nearest residential property. The survey revealed that no noise complaints had been received. ( see: http://www.oadby-wigston.gov.uk/Home/Councillors and Committees/Agenda and Reports/Services/2008-09/2008-06-10/2008-06-10 Skateboard Reportgal.pdf )

There are a number of skateparks in North Somerset with a variety of construction methods and varying distances from residential properties. Enquiries to the Environmental Health Department reveal that no formal complaints have been received regarding noise at any of these facilities. The type, size, and location of the skateparks is detailed below with the current proposal for comparison:

Noise test

With the assistance of an Environmental Health officer from North Somerset Council a test was carried out between 7.00 and 8.00 pm on a still evening on 1 July 2009 to assess the likely noise levels from the skatepark. Noise measurements were made at the nearest house to the rear of the cafe car park (marked a) and at a location on Lake Road near the cricket pavilion (marked b) on view below.

A grind box was set up next to the cross path on the raised play area. This is about 25 metres closer to the houses than the edge of the proposed skatepark.

Four skateboarders and one in-line skater performed a number of manoeuvres over a period of one hour while measurements were taken. Significant background noise was measurable arising from from the play area and other users of the Lake Grounds and from cars passing along Lake Road as well as bird song. At the cafe location the noise from the skaters was generally less than the background noise with an occasional audible noise from skateboards hitting the tarmac. The in-line skater was essentially inaudible.

It was difficult to hear any noise from the pavilion location which is much further away with considerable screening from trees.

In windier conditions there would be a significant contribution to background noise from trees and from the sea.

There were several families using the play area and surrounding grass area while the test was under way and there was no obvious negative reaction to the presence of the skateboarders.

It was generally felt that the noise levels would not cause inconvenience to residents or visitors and that the provision of banking and additional landscaping, while not being essential, would further reduce noise levels.

4.5 Policy GDP/3 Promoting good design and sustainable construction

The design has been developed to minimise the impact of the skatepark on the Lake Grounds. It is using in-situ sprayed concrete to construct sunken bowls rather than the surface mounted frames used elsewhere in the district. With the addition of a grass bank on the eastern side of the area and extensive additional landscaping the skatepark will be largely invisible to residents and users of the Lake Grounds.

The smooth flowing shapes of the skatepark will make it intrinsically attractive.

The operational area will be fenced using the same style of bow-topped fencing as is used around the area at present in order to blend the new facility into the existing space.

The choice of trees and shrubs for the landscaped areas will match existing provision where possible and will make use of native plants to maximise the wildlife benefit. The siting of the skatepark has been chosen to avoid the removal of any existing trees or shrubs.

The main access to the facility will be off the promenade to separate skatepark users from other users of the play area. Additional picnic tables will be provided close to the facility for families using the skatepark.

The skatepark is sited close to Esplanade Road with uninterrupted views to allow casual supervision by passers by and visibility for the police when driving past. Landscaping along Esplanade Road has been reduced in the final plans in response to concerns expressed at consultation regarding anti-social behaviour. The siting also provides easy access for emergency vehicles.

The design of the skatepark includes ramps and jumps with a range of difficulty to ensure that the facility is suited to users of all ages from young scooter riders up to adults. It will also be accessible to sports wheelchair users.

No shelters have been provided because of concerns about anti-social gatherings. Skateparks are not used in poor weather conditions because the slopes become too slippery. Shade is available close to the skatepark under nearby trees.

The Project hoped to be able to incorporate the aspirations of the Town and District Councils for additional play equipment within the overall design in order to demonstrate that the skatepark would fit well with other planned developments. A play initiative is underway within North Somerset Council and there are funds from both the District and Town Councils for improvements to the play facilities at the Lake Grounds. However officers and councillors have stated that it is not an appropriate time to discuss these in the context of the skatepark until the planning application has been approved. In light of this the design has incorporated a small play facility for older children who visit the skatepark but do not wish to skate.

The siting of the skatepark has been chosen to minimise the loss of green space and leave the maximum amount of space for other users of the area. The design proposes the re-siting of the existing concrete picnic table to free up more open space for informal games.

The Portishead Tourism Group have expressed a wish to see a bandstand on the Lake Grounds and have indicated that they would want it in a similar location to the skatepark. However this area is designated as play space so would not be suitable for a facility which requires space for a seated audience. Given that the bandstand would be about 7m in diameter there should be little difficulty in finding another space for it; a suitable area is available below Beach Road West which has the advantage of being protected from the wind and provides a natural amphitheatre.

No lighting is planned for the facility so after construction the facility will consume no energy apart from occasional maintenance. It is anticipated that most users will travel to the site on foot or on their wheels so energy from transport use should be low. Providing a good facility within Portishead will avoid many out of town journeys by users going to other towns to enjoy their sport. As far as possible local contractors will be used for the construction phase to minimise energy use.

Appendix A.

Search for a suitable location

An initial search identified five potential locations which were used as the basis for an extensive consultation at the end of 2006. The sites were Parish Wharf Leisure Centre, Lake Grounds, Kilkenny Fields, land at Trinity School in the Village Quarter, and Portishead Football Club. The consultation identified the Parish Wharf and Lake Grounds as the preferred locations. Initial discussions with North Somerset Council suggested the Parish Wharf site would be suitable but this was subsequently ruled out as being too close (around 50m) from the new dockside properties then being constructed.

A number of Town Councillors questioned the decision about the Parish Wharf site and expressed opposition to locating the park at the Lake Grounds so a further search was carried out to identify suitable locations. 14 locations were assessed against a range of criteria for successful skateparks including:

• good informal supervision
• close to facilities such as toilets and cafes
• close to other family activities
• more than 100m from houses
• central position
• available parking

This search identified Kilkenny Fields as a potential site close enough to the Lake Grounds to benefit from the facilities there and meeting most if not all the above criteria. The other sites were rejected for failing to meet the above criteria or because the landholders were unwilling to support them. The detailed analysis is shown in Appendix B.

Unfortunately the Kilkenny Fields site was ruled out by North Somerset Council because it would be a development of an otherwise undeveloped green space.

Two further sites adjacent to the outdoor pool were subsequently examined but rejected because one was in an area designated as a local nature reserve (Battery Point) and the other was too close to houses (Old Putting Green). These have been added to the diagram below and to the tables below in September 2009.

Finally after further discussions with North Somerset Councillors it was agreed that the a planning application should be submitted on the location proposed.

Appendix B.

Location appraisal - January 2008/Sept 2009

Fourteen sites in Portishead were assessed against ROSPA, BSI and Portishead Skatepark Project (PSP) criteria in January 2008. Of the 14 sites only two fully meet the criteria, the Lake Grounds and Kilkenny Fields. The other sites were rejected for various reasons. A summary of the assessment is shown in Table B1. Details of the scoring for each site are shown in Table B2. Appraisal of two further sites added Sept 09. The following assessments have been made using criteria from RoSPA, British Standards Institute and other skatepark guidelines. PSP criteria are those the project felt to be essential.