Sports Netting Planning Appeal Won

• Posted by Karyn Middleton on 27th Feb ’09 at 12:18 GMT
• 0 comments

Following the refusal of planning permission by Tewkesbury Borough Council in August 2008 a government inspector has now allowed an appeal against the Local Authority’s refusal of consent.

Evans Jones LLP acting on behalf of Brickhampton Court Golf Complex sought consent for the installation of 120 linear metres of replacement catch fencing around part of the perimeter of the existing driving range. The new fencing raises the height of existing catch fencing from 12 to 18 metres.

Following a number of incidences in which golf balls were hit over the existing nets the club banned the use of ‘drivers’ during daylight hours. This was necessary to protect club members and the public.

Tewkesbury Borough Council planning officers refused consent because they considered that the new fencing and supporting structures would be visually prominent in the Green Belt and would therefore compromise its open character and appearance. Furthermore‚ officers concluded that the proposed fencing would be visually intrusive in the landscape and harmful to the rural character and appearance of the surrounding area.

Evans Jones LLP was instructed to appeal against the refusal notice. The appeal was determined by Government Inspector Graham Cundale.

In allowing the appeal and granting full consent for the proposed catch fencing the Inspector commented –

“I would not regard the proposal as inappropriate to its setting or to the character of the surrounding area…”

Mr Cundale confirmed that the increased visibility of the proposed fencing would be –

“Outweighed by its benefits in terms of the actual and perceived greater safety…”

He concluded that the proposals –

“Would not be unacceptably harmful to the rural character and appearance of the area”

David Jones, Head of Planning at Evans Jones LLP commented–

“During pre–application discussions with the Local Authority, I invited Planning Officers to meet on site to discuss the dangers emanating from golf balls flying over the existing catch fencing, as well as the needs and requirements of the club. The Council Officers refused to attend a meeting. A site meeting would undoubtedly have helped Officers understand the club’s motives in pursuing this proposal.

The Planning Inspector’s approval of the scheme and confirmation that the proposal was compliant with both local and national policy, demonstrates that the decision to refuse consent was fundamentally flawed”.

Contacts –
Brickhampton Golf and Leisure Complex
Contact Terry Creed 01452 859444