CASEBOOK: Appeal cases - Leisure and entertainment - Outdoor play area held to meet local deficiency

A Gloucestershire residents' association has secured permission for the construction of a football and basketball court on an undeveloped area within a housing estate despite the concerns of adjoining neighbours that it would give rise to anti-social activity.

The court was to be surrounded by 3m high fencing, with a further fence to be erected along the full frontage of the site. However, some gardens bounded the site, and the occupiers of the associated properties claimed that the site already attracted unsociable youngsters who trespassed into the garden areas.

The inspector found no substantive evidence to suggest that there would be an increase in crime or anti-social behaviour. She noted that no external lighting was proposed and that the scheme would help to remedy a local deficiency in outdoor play space. In allowing the appeal, she imposed conditions limiting use of the court to between 9am and 9pm and precluding the installation of any form of lighting.

DCS No: 31368928; Inspector: Jennifer Vyse; Hearing.

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