HS/EX/18/00067 | Application for a lawful development certificate for existing use as an Amusement Park
This is an application to make the whole of the Amusement area an enclosed amusement park. There is no facility on the planning website to make a comment as "This application type is not open to public consultation"
In the past an application for a designated right of way was claimed but it was found that the public 'of right' owing to the Foreshore Trust did not need a designated RoW order.
Despite reading the application closely there seems to be no specifics as to the nature that the enclosing of the area would take. The following section 4.51 of the planning statement relating to a previous application seems to be the nearest indication:
"Planning permission granted on 22nd August 2005 under reference HS/FA/05/00400 allowed new railings to increase the height of the boundary enclosure. The approved plans, decision notice, case officer’s report and minutes of the planning board are included in Appendix 7.
The red-line on the approved plans outlines the entirety of the site including the boating lake and land to the west of the lake. The approved plans appear to relate to a gated entrance to the site from East Beach Street. The plans and photographs show an existing brick wall enclosing the site, topped with metal railings. The case officer in her planning report noted that elsewhere on the site the operators can erect fences of any design of up to 2m in height without the need to submit a planning application.
The case officer notes the concerns from objectors that the now approved railings would enclose the whole site allowing extensive permitted development rights under part 28 of schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995. The case officer clearly states, ‘The site is however already enclosed by the existing gates and flower beds and the situation would not be altered by the current proposal’, which is now approved and implemented. Therefore, the council accepts that the entire site was enclosed in 2005 and benefited from the above permitted development rights. There are two conditions attached to the decision notice relating to the time-period of implementation and requiring the railings to be painted within one month of their erection. There is no condition removing the permitted development rights on the site.”
There 17 listed constraints; one would think this enough to get it thrown out on Round 1, but don't leave it to chance, write to your councillor now before something we don't want becomes a fait accompli.