Grove Road, Rayleigh, Essex, SS6 8UA

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Site visit made on 21 January 2025 by C Carpenter BA MA MRTPI an Inspector appointed by the Secretary of State Decision date: 26 February 2025 Appeal Ref: APP/B1550/W/24/3346050 Grove Wood Primary School, Grove Road, Rayleigh SS6 8UA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Kevin Tuck (Grove Wood Primary School) against the decision of Rochford District Council. • The application Ref is 22/00006/FUL. • The development proposed is construction of an artificial grass pitch within the grounds of Grove Wood Primary School. Decision 1. The appeal is allowed and planning permission is granted for construction of an artificial grass pitch within the grounds of Grove Wood Primary School at Grove Wood Primary School, Grove Road, Rayleigh SS6 8UA in accordance with the terms of the application, Ref 22/00006/FUL, and the plans submitted with it, subject to the conditions in the attached schedule. Applications for costs 2. An application for costs was made by Mr Kevin Tuck (Grove Wood Primary School) against Rochford District Council. This application is the subject of a separate decision.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Preliminary Matters 3. The National Planning Policy Framework (the Framework) was updated in December 2024. I invited the main and interested parties to consider whether the revised Framework had relevance to this appeal and have taken account of their comments in my decision. 4. In support of its case, the Council has submitted a Position Statement on 3G Artificial Pitches (PS), endorsed by its Climate Emergency Committee and Executive Committee in early 2024, after its decision on the original planning application. The appellant and interested parties have had an opportunity to consider the implications of the PS for the appeal. I am therefore satisfied no party would be disadvantaged by my taking it into account. Main Issues 5. The main issues are whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies; and its effect on the environment and health. https://www.gov.uk/planning-inspectorate

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Appeal Decision APP/B1550/W/24/3346050 Reasons Whether inappropriate development 6. Paragraph 142 of the Framework states the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open, with five purposes set out at paragraph 143. Paragraph 154 states development in the Green Belt is inappropriate subject to several exceptions. These include “b) the provision of appropriate facilities (in connection with the existing use of land or a change of use) … for outdoor sport…; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it”. 7. Policy GB1 of the Rochford Local Development Framework (RLDF) Core Strategy 2011 (CS) prioritises the protection of Green Belt land based on how well the land helps achieve the purposes of the Green Belt. Under Policy EDU4 of the RLDF Allocations Plan 2014 (AP), school playing fields within the Green Belt have a dual designation for education to prevent unnecessary encroachment into the Green Belt. Insofar as they are relevant to this appeal, I find these Policies are broadly consistent with the Framework’s Green Belt policies and objectives. 8.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision The appeal site is within the grounds of Grove Wood Primary School. There is no dispute its existing use is for provision of education, or that the proposed artificial grass pitch would be used for outdoor sport in connection with this use. 9. Having regard to Planning Practice Guidance1, openness is capable of having both visual and spatial aspects, and the degree of activity can also be a consideration. 10. The playing field is enclosed on three sides by buildings and on the fourth by dense woods. The topography is relatively flat and views across and into the field give little appreciation of, or sense of connection with, open countryside. There would be visibility through the proposed fence’s wire construction with more open mesh in the upper portion. A green finish could be secured by condition, which would further mitigate the fence’s visual impact when seen in the context of grass and vegetation. The artificial pitch would also be green. The proposed bund would be close to the edge of the field, grass-covered and modest in scale.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision The playing field is already used for outdoor sports and play and there is no compelling evidence that any increase in activity resulting from the new pitch would have a materially detrimental visual impact. 11. Taking all this together, although the artificial pitch and fence would somewhat change the appearance of the field, it would not harm visual openness. The proposed fence would have little material volume so would not harm spatial openness. I therefore find the openness of the Green Belt would be preserved. 12. Given this, the development would not materially add to urban sprawl because the land would be kept permanently open in accordance with the fundamental aim of Green Belt policy at Framework paragraph 142. The site’s contribution to preventing neighbouring towns merging and safeguarding the countryside from encroachment is limited bearing in mind its location amid existing housing. Whilst I note the history of Rayleigh as a market town, the site is some considerable distance from Rayleigh Mount and the town’s historic centre.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Moreover, the school and surrounding suburban housing were largely built in recent decades, and there 1 Paragraph: 001 Reference ID: 64-001-20190722 https://www.gov.uk/planning-inspectorate 2

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Moreover, the school and surrounding suburban housing were largely built in recent decades, and there 1 Paragraph: 001 Reference ID: 64-001-20190722 https://www.gov.uk/planning-inspectorate 2

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Appeal Decision APP/B1550/W/24/3346050 is little before me to substantiate the suggested historic significance of the adjacent woods. I therefore find the site’s contribution to the setting and special character of an historic town is very limited. There is no compelling evidence that urban regeneration could be assisted by locating the pitch on other urban land. 13. I therefore find the proposed artificial pitch would not conflict with the purposes of including land within the Green Belt. Consequently, it would satisfy all parts of the exception at Framework paragraph 154b). Given this, there is no need for me also to consider whether the proposal would satisfy the ‘grey belt’ exception at paragraph 155 of the Framework. 14. For the above reasons, I conclude the proposal would not be inappropriate development in the Green Belt, and I find no conflict with CS Policy GB1 or AP Policy EDU4. Effect on environment and health 15. The artificial pitch proposed at Grove Wood Primary School comprises a sand- dressed artificial grass ‘carpet’ with a rubber crumb underlay derived from recycled tyres. 16.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision There is little in the reasons for refusal or minutes of the Development Committee to demonstrate wear and tear to the proposed pitch would result in plastic recycled rubber particles and silicate entering the environment, or to substantiate the suggested long-term environmental and health effects. 17. The PS explains that 3G Artificial Grass Pitch technology introduced the use of rubber crumb as performance infill spread loosely across the surface of plastic ‘grass’, to provide comfort and reduce injury. It adds that there are currently few barriers to prevent this material, which includes microplastics, leaking from a pitch during use; and it describes the well-established harm to the environment and human health from microplastic pollution. I also note the European Commission has restricted the sale of such intentionally added microplastics into the European market; and the Department for Environment, Food & Rural Affairs (DEFRA) is considering the technology to inform any future regulatory actions in the UK. 18.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Nevertheless, whatever the risk of microplastic pollution from use of rubber crumb as performance infill, there is no pertinent evidence this type of infill technology would be used in the artificial pitch proposed at Grove Wood School. The artificial surface would instead be dressed in sand, which is a naturally occurring substance. I have considered the arguments presented by interested parties, but the supporting evidence is not sufficiently compelling to persuade me that dispersal of sand would result in harms comparable to those from microplastics, or that unacceptably high levels of silica dust would be generated. 19. I recognise rubber crumb is proposed in the underlay of the Grove Wood pitch, but there is little to demonstrate that use of the material would be harmful. Indeed, the PS cites evidence concluding there are no health risks from use of old tyres in rubber substrate. Similar scientific study findings are summarised in section 2 of the Council officer’s decision report. Definitive evidence that the synthetic turf itself would break down, or of the time period over which this could occur, has not been provided. https://www.gov.uk/planning-inspectorate 3

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Appeal Decision APP/B1550/W/24/3346050 20. Taking all this together, I find the risk of harm to the environment and health from the proposed artificial pitch would be low. 21. The proposed artificial pitch would widen and extend year-round sports participation at the school, which would have significant health and educational benefits for the children using it. It has been suggested that improving drainage on the playing field, or use of indoor or off-site facilities, would achieve comparable or greater benefits, but there is little to substantiate this. There is also no pertinent evidence the proposal would prevent continued use of the field for football, sports day or running events. 22. Overall, the educational and health benefits of the development would support the Framework’s objective to promote healthy communities. This adds considerable weight in favour of the proposal and outweighs the low risk of harm I have found. 23. For the above reasons, I conclude the proposal would have an acceptable effect on the environment and health. I therefore find no conflict with Framework paragraph 96, which seeks safe and accessible green infrastructure. Other Matters 24.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision The development comprises alternative sports and recreational provision and the health and educational benefits I have identified above lead me to find no conflict with Framework paragraph 104, which protects playing fields. 25. Local residents have expressed a wide range of other concerns including, but not limited to, the following: flood risk, ecology, parking, commercial use of the pitch, crime, impacts on the character and appearance of the surrounding area, and effects on the living conditions of neighbouring occupiers with particular reference to outlook, light pollution, noise and disturbance. These matters were considered where relevant by the Council at the application stage and did not form part of the reasons for refusal, which I have dealt with in the assessment above. There is no compelling evidence that would lead me to come to a different conclusion to the Council on these matters. This is subject to conditions, to which I will return below. 26. I have considered the other appeal decisions brought to my attention. The main issue at Fitzwimarc School2 was the effect of the development on the living conditions of neighbouring occupiers.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision The main issues in the current appeal are different and I am satisfied in relation to the proposal’s effects on neighbours. The Kitcheners Field3 site was in open playing fields within a National Landscape (formerly Area of Outstanding Natural Beauty) and adjacent to farmland. The considerations around openness were therefore unlike those pertaining in this case. At Mill Hill4, the proposed pitch was larger than the area occupied by school buildings and included numerous floodlighting columns, neither of which applies at Grove Wood. 27. Consequently, the circumstances in these other appeals are not sufficiently like those before me to be directly comparable and they do not outweigh my conclusions above. 2 Ref APP/B1550/W/16/3155848 3 Ref APP/A1910/A/13/2190351 4 Ref APP/N5090/W/22/3304570 https://www.gov.uk/planning-inspectorate 4

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision Appeal Decision APP/B1550/W/24/3346050 Conditions 28. I have considered the conditions put forward by the Council and have amended the wording where necessary in the interests of clarity and simplicity. I sought the views of the main parties on the conditions and have taken account of their responses. 29. In addition to the standard time limit condition, I have imposed a condition requiring that the development is carried out in accordance with the approved plans. This is in the interest of certainty. 30. The condition relating to surface water drainage is necessary to ensure a detailed drainage scheme appropriate to the site is secured, implemented and maintained for the lifetime of the development. It is a pre-commencement condition because the drainage arrangements will need to be constructed in association with preliminary excavation works and prior to laying of the pitch. The appellant has agreed in writing to this condition. 31. The conditions relating to the colour finish of the metal fence enclosure, controlling signage and securing soft landscaping are necessary to help integrate the development with the character and appearance of the existing playing field and surrounding area.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — Appeal Decision The condition requiring implementation of the recommended ecological mitigation and biodiversity enhancement measures is necessary to protect wildlife and improve biodiversity on and around the playing field. 32. The conditions securing noise mitigation measures, preventing the use of artificial lighting and restricting use of the sports pitch are necessary to protect the living conditions of neighbouring occupiers. Conclusion 33. For the above reasons the proposal accords with the development plan, read as a whole. Material considerations, including the Framework, do not indicate that a decision should be taken otherwise than in accordance with it. I therefore conclude the appeal should be allowed.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — C Carpenter INSPECTOR Schedule of conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing Nos 001 Site location plan, 002 Block plan, 003 Pitch layout plan, 005 Elevations, 006 Landscaping and drainage, 007 Existing and proposed levels, 008 Bund section, 012 MUGA position, 013 Pitch build up detail. 3) Notwithstanding condition 2, no development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 5

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — C Carpenter Appeal Decision APP/B1550/W/24/3346050 The submitted details shall: i) include measures to minimise the risk of off-site flooding caused by surface water run-off and groundwater during construction works; ii) include a timetable for implementation of the surface water drainage scheme; and, iii) provide a management and maintenance plan for the lifetime of the development which shall include arrangements to secure the operation of the surface water drainage scheme throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained thereafter in accordance with the approved management and maintenance plan. 4) Notwithstanding condition 2, no above ground works shall take place until a scheme of soft landscaping has been submitted to and approved in writing by the local planning authority. The scheme shall include details of the tree planting to be undertaken including species type, species mix, the height of all specimens at their time of planting, and planting density.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — C Carpenter 5) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following first use of the sports pitch or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 6) The development shall be carried out in accordance with the ecological mitigation and biodiversity enhancement measures set out in Table 6 of the Preliminary Ecological Appraisal by Arbtech, dated 10 March 2023. The enhancement measures shall be completed within 12 months of first use of the sports pitch hereby permitted. 7) Notwithstanding the details submitted in relation to the colour finish of the metal fence enclosure, this enclosure in its entirety including any gates shall be finished in a Forest Green colour and shall thereafter be maintained in the same colour.

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — C Carpenter 8) The development shall be carried out in accordance with the ball impact sound mitigation measures set out at paragraphs 7.7 to 7.15 of the Noise Impact Assessment by dB Consultation Ltd, Ref dBC 10648, dated 13 July 2023. The perimeter fencing shall be constructed so it is securely clamped using resilient and weather-resistant rubber Ethylene Propylene Diene Monomoer (EPDM) fixings to prevent structure-borne noise. The fencing shall thereafter be maintained in the approved form and any replacement fixings shall be of the same type as that specified. 9) No signage or other hard surfaces such as backboards (other than a Basketball backboard) but excluding goalframes are permitted to be attached to the fencing or otherwise used within the sports pitch hereby approved. https://www.gov.uk/planning-inspectorate 6

Grove Road, Rayleigh, Essex, SS6 8UA — Rochford District Council — C Carpenter Appeal Decision APP/B1550/W/24/3346050 10) No artificial lighting of any description whether for a temporary period or otherwise (including portable lighting, lighting columns or lighting mounted or attached to any walls or fencing or any other movable object) shall at any time be used in connection with the use of the sports pitch hereby permitted. 11) With the exception of the existing arrangement for use on a Saturday morning by a local soccer team, the use of the sports pitch hereby approved shall be limited to sole use by Grove Wood Primary School and shall remain at all times ancillary to the functional requirements and activities of the school and shall at no time be made available for commercial hire or sub-let to any other organisation or entity. End of schedule https://www.gov.uk/planning-inspectorate 7