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25/00901/CDM | Condition Discharge: Condition 11 (Community Use Agreement) of application 22/02024/FUL | Marine Academy Plymouth Trevithick Road Plymouth PL5 2AF
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  • Total Consulted: 8
  • Consultees Responded: 4
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PLYMOUTH CITY COUNCIL CONSULTEE COMMENTS FOR A PLANNING APPLICATION.

APPLICATION SUMMARY
PLANNING APPLICATION: 25/00901/CDM
ADDRESS: Marine Academy Plymouth Trevithick Road Plymouth PL5 2AF
DESCRIPTION: Condition Discharge: Condition 11 (Community Use Agreement) of application 22/02024/FUL

CASE OFFICER: Jon Fox (Planning Officer)
Development Management, PCC Strategic Planning & Infrastructure, Floor 2 Ballard House PL1 3BJ
CONSULTEE: Gary Lester (Transport Officer)
PCC Strategic Planning & Infrastructure, Transport Planning Team, Floor 2 Ballard House PL1 3BJ

Date: 30th July 2025

COMMENTS:
The Local Highway Authority (LHA) would make the following observations in respect of the proposed discharge of Condition 11, the 'Community Use Agreement', to manage the out of school hours use of the outdoors sport areas pitches and facilities (of application 22/02024/FUL).

The Community Use Agreement includes details for, hours of access for the community use, booking details, and parking availability, including the use of other appropriate facilities such as, WCs, and Changing Rooms etc.

Referring to the below extracts from Schedule 1 and Schedule 2 of the 'Community Use Agreement', the wording regarding the availability of on-site car parking for the out of school hours use of the outdoors sport areas pitches and facilities is considered ambiguous: -

Schedule 1

1. The outdoors sports areas and facilities are to be made available as often as possible for use by the local community'

2. For all facilities that are available for community use, access to the site, car parking, and use of appropriate facilities (such as WC's, Changing Rooms, Defibrillator machine, First Aid Cover) will be made available as often as possible:

Schedule 2

5. Parking Arrangement (if applicable)

5.1 'As noted in Schedule 1 car parking spaces shall be available to park for community users so far as is reasonable possible.


Although the wording in the agreement differs regarding the availability of car parking between Schedule 1.2, 'will be made available as often as possible' ' And, Schedule 2.5.1, (available) 'so far as is reasonable possible'. Notably, the inclusion of those two phrases suggests there is no clear obligation under the agreement to provide parking for community users of the outdoors sport areas pitches and facilities at all times when open to community use.

This causes concern over occasions when the school would also open outside of the normal school hours for functions such as, open evenings, parent evenings, presentations, or other evening events. When the car parking could be in use by the school in direct conflict with the parking demand from the community use of the outdoors sport areas and pitches; for which the car parking could be temporarily withdrawn from use. Were that situation to occur it could result in overspill car parking in the surrounding local streets. Although, referring to the extract from Schedule 1.1 above, it seems that under the terms of the agreement at times when the school is in use during the evenings, the community use of the outdoors sport areas and pitches could be suspended, but seemingly without any obligation to do so.

SUMMARY:
The LHA consider that unless the school site has sufficient car parking to accommodate both the school use and the community use simultaneously, then the wording of the Community Use Agreement could be insufficiently robust to protect the local streets and the community from unnecessary disruption from traffic and overspill parking demand when both uses occur at the same time.

Therefore, it is recommended that the agreement includes provision to always make sufficient on-site parking available outside of school hours for community users of the outdoors sport areas and pitches when open to use.

Gary Lester
Transport Planning Officer
Officer authorised to sign on behalf of the Service
Director for Strategic Planning & Infrastructure

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