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Appeal Decision

DCS Ref: 100-066-513

Written reps

Year of Decision: 2010

Inspector: J BRAITHWAITE


County: LANCASHIRE

Summary of Decision: DISMISSED


Description:
Unauthorised sports pitch in residential suburb. Harm to residential amenity from noise disturbance cannot be overcome by unenforceable condition limiting hours.

Abstract:
The creation of a football pitch in Lancashire was subject to successful enforcement action when an inspector concluded that the activities undermined the amenity of local residents. The area of mown grass had been marked out with white lines and two goal posts had been erected. The inspector noted that part of the area was bounded by residential properties and local residents claimed that they had had to endure loud shouting and the use of foul language by adults when games were being played. Given the proximity of the pitch to the private gardens, it was not surprising that the activities had adversely undermined the amenity of local residents particularly in the summer months. Restricting the hours of use would not solve this problem, he ruled, because of the unacceptable proximity between the pitch and the gardens.


COMPASS Index Terms

Issue Codes
700 Noise generated by proposal which would affect neighbours etc
 
Development Codes
710 Playing fields
 
Appeal Codes
03 sec.174 enforcement notice - Appeal against
 
Legal Codes
100 Enforceability of condition
 
Proposal Codes
00 Greenfield
 
Site Codes
08 Residential suburban - Post August 06 cases