bases with matting and two which were a mixture of sand and stone and carpet

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					          TO: THE CHAIR AND MEMBERS OF THE
          PLANNING AND DEVELOPMENT COMMITTEE
          4 AUGUST 2006

          AGENDA ITEM NO. 5

          REPOSITIONING AND RENEWAL OF CRICKET PRACTICE NETS AND WICKETS
          AT MIDDLESBROUGH RUGBY AND CRICKET CLUB

          1.0      PURPOSE OF THE REPORT

          1.1      To draw Members attention to the work which has been carried out in respect of
                   the replacement cricket practice net facility and the planning view/analysis
                   regarding whether the works carried out constitute development requiring
                   planning permission.

          2.0      RECOMMENDATION

          2.1      That Members note the nature of the work carried out and the planning
                   assessment that the works constitute replacement of an existing facility and
                   accordingly does not require formal planning approval.

          3.0      BACKGROUND

          3.1      To the rear of 80 and 82 Ullswater Avenue have been located for many years, an
                   area used for outside cricket practice.

          3.2      The area comprised 4 no. artificial cricket surfaces and fixed netting. The batting
                   surfaces comprised 2 concrete bases with matting and two which were a mixture
                   of sand and stone and carpet covering which were surrounded by fixed poles and
                   netting.

          3.3      In terms of orientation the wickets were laid out on a north-south orientation.

          3.4      The Cricket Club has recently carried out and completed work to this area which
                   comprises

                   -   The replacement of the fixed netting structures (previously in a poor state of
                       repair) with new fixed netting structure at a slightly increased height.

                   -   The replacement of the artificial batting surfaces.


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      -   The reorientation of the cricket wickets to run east – west parallel with the rear
          garden boundary of the properties in Ullswater Avenue.

      -   The netting and wicket areas will be enclosed by a weld mesh fence 1.8m
          high with a lockable pedestrian gate.

3.5   Details of the practice wickets and netting structure will be available at the
      meeting.

3.6   In support of the proposal the Cricket Club will provide a statement which will be
      reported to Members at the meeting.

4.0   COMMENTS RECEIVED

4.1   The following comments have been received in respect of the works carried out.

4.2   82 Ullswater Avenue

      -   risk to residents and property whilst practice nets are situated in the current
          position

      -   this will continue until the nets are re-sited to a more appropriate place

      -   replacement of grass with artificial surface will increase the speed and bounce
          of the ball

      -   risk of flying balls hinders use of the garden which is upsetting

      -   intention to move the cricket nets in the future will allay disquiet if a date could
          be provided.

4.3   Letter from 82 Ullswater Avenue signed by occupiers of 78, 82, 74, 84, 80 and 76
      Ullswater Avenue.

      -   in 1950s no practice nets
      -   over period of time started to use ground close to our homes as a result a
          number of cases of damage to properties
      -   unable to go into gardens for fear of being struck by balls
      -   practice area became more permanent – put concrete base down and tubular
          frame
      -   when new development proposed at a meeting (Application M/FP/0472/05/P
          2 Storey Club House upgrade of 2 no. rugby pitches, relocation of cricket
          pitch, 12 no. floodlights and 75 no. apartments) it was said the practice nets
          were being taken down
      -   fear of personal safety and damage to property

5.0   ANALYSIS

5.1   With regard to the relocation of the cricket practice nets to another part of the
      ground the club are unable to confirm when this would take place. It is drawn to


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      Members attention that there is no requirement under planning permission
      M/FP/0472/051/P for the practice nets to be relocated.

5.2   With reference to concern regarding safety the Club have commented:-

      ‘the works being undertaken involve the provision of new synthetic nets
      assembled on the existing site which will be fully enclosed and also locked with
      access therein only under supervision.

      In response to concerns from residents regarding ball trespass the Club have
      purchased these brand new enclosures which should prevent any risk of balls
      leaving the club site’.

5.3   It is the planning view that the new cricket nets and batting surfaces are
      essentially replacements of the existing facilities in the same area as previously
      located.

5.4   Whilst the batting surfaces have been re-orientated the facility is essentially in
      the same area as previously. Whilst the height of the replacement nets is slightly
      higher this is not considered to be material.

5.5   In view of the above assessment the new nets and batting surfaces are
      considered to be replacement of an existing facility and as such the works and
      use do not require planning permission. Any difference between the existing and
      replacement facility is considered de minimis and not a material charge.

5.6   Accordingly the planning view is that planning permission is not required for the
      replacement facility.


Richard Sales
729461




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