Appeal 6003384

The appeal is allowed and planning permission is granted for 12no. new floodlights to illuminate 4no. tennis courts. The floodlights are to be mounted at 8 metres height on 9no. galvanized steel lighting columns at [name], [site address] , Wirral [postcode] in accordance with the terms of the application, [name]/25/01319, subject to the following conditions:

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos 01, 05, 06, 07.

The floodlights shall only be switched on between the following hours: 16:00 - 21:30.

The main issues are: - the effect of the development on the character and appearance of the area; and - the effect of the development on the living conditions of neighbouring occupants in regard to light, and noise and disturbance.

[name] is located within a predominantly residential area. The appeal site is surrounded by residential streets and dwellings on [address] North and [site address] face the highway and the club beyond. The club has four tennis courts, and the majority of the site is bound by high chain link fencing as well as mature hedging and trees.

The proposal is for the installation of 12 no. new floodlights to illuminate the four tennis courts. The floodlights would be mounted on nine, eight metre high galvanized steel lighting columns.

Due to their height the floodlights, as well as the lighting columns, would be visible from the street and some neighbouring dwellings. However, the visual impact of the proposed scheme would be mitigated by the mature trees and hedges that surround the site. Furthermore, the floodlights would be seen in the context of a suburban environment which includes examples of street furniture including telegraph poles and lampposts.

While floodlights are not a typical feature within a residential street, neither is a tennis club. The proposed lights would be set back from the road and would read as part of the tennis club, and flood lights are often a part of outdoor sports facilities. Given the suburban setting, and the screening provided by the surrounding mature landscaping, the appeal scheme would not appear as an incongruous or visually harmful element within the street scene.

For the reasons detailed above the proposed development would not have a harmful effect on the character and appearance of the area. Therefore, it would be in accordance with Policy WS 7 of the Wirral Local Plan 2022-2040 (WLP) which requires that development proposals are planned so that its function and appearance will enhance the character of the area.

As detailed above the appeal site is bound by hedgerows and mature trees, which, as well as providing visual screening would reduce glare to neighbouring dwellings. Furthermore, the lamps on the floodlights would be designed to illuminate the tennis courts and would be fitted with rear shield plates to minimise light spill.

A document detailing the lighting design1 includes a detailed analysis of the proposal, including likely light spill, taking in to account the position and illuminance of the floodlights. The findings of this report show that the levels of light spill outside of the appeal site would be minimal. Furthermore, drawing 01 includes an overlay of the light levels in and around the appeal site when the lights would be in operation and this also indicates that light levels outside of the appeal site would be low.

When viewed from the front windows of the surrounding houses, the floodlights would introduce additional light into the area. Still, they would be viewed within the context of the wider street scene where there are already a number of existing streetlights situated on the pavement. The additional light emanating from the floodlights would therefore not greatly alter the existing vista from those properties. In addition, the floodlights would only be required in the evenings, and likely not at all in the height of the summer months. The time by which the lights must no longer be illuminated can be controlled via a suitably worded condition to ensure that they do not become a nuisance late at night.

While the proposed lights would allow individuals to play tennis in the evening in winter months, control of the hours of illumination would ensure that they would not 1 [site address] , [name] 2 R1, Designer : [name] (dated 27-01-2025) be in operation during anti-social hours. This would safeguard the living conditions of neighbouring occupants in regard to noise and disturbance.

Based on the evidence before me the club currently utilises temporary flood lights that are moved on and off the site as required; and the Council have raised concerns that light pollution from these lights have been the subject to complaints. However, my assessment is based on the lights proposed as part of the scheme before me.

For the reasons detailed above the proposed development would not have a harmful effect on the living conditions of neighbouring occupants in regard to light and noise and disturbance. Therefore, it would be in accordance with Policy 23 of the WLP which requires that proposals demonstrate that the proposed uses will be harmonious with neighbouring uses, avoiding unacceptable nuisance and disturbance.

I have carefully considered concerns raised within representations made by a number of interested parties; some of which have been addressed in my reasoning above.

My attention has been drawn to the fact that previous applications for floodlighting have been refused at the site. Full details of all of the previous applications that were refused are not before me and as such I cannot be certain that the circumstances are the same as the appeal scheme. In any case I have determined the appeal on its own merits.

The proposed scheme only effects lighting at the tennis club and it would not directly harm the privacy of neighbouring occupants.

Within its delegated report the Council stated that the appeal site is not within the Green Belt. Also, there is no planning reason to withhold planning permission due to other tennis courts in the area having floodlighting.

It is not clear how the proposed scheme would result in a material increase of traffic, over typical usage in the lighter months. I also note that the Highways Authority raised no objection to the proposal in regard to this matter.

I acknowledge concerns regarding the ecological impact of the proposal. However, the appeal site is located within a suburban area there is existing artificial illumination from streetlights and domestic properties.Also, the hours of use of the proposed lighting would be controlled by condition. Given these factors the proposal would not have a materially harmful effect on ecology and wildlife.

I note comments regarding the removal of hedging at the appeal site. However, concerns in this regard are outside the remit of my role as an Inspector.

I have given careful consideration to the comments raised by third parties, including the lack of need for the lights, inaccuracies in the planning application material, lack of engagement by the tennis club with local residents and the presence of alternative tennis facilities nearby. [name] have had regard to all of these matters, I do not consider that any of the points raised, either in isolation or combination, lead me to make a different decision.

I have considered the suggested conditions, having regard to the six tests set out in the Framework. For the sake of clarity and enforceability, I have amended the suggested conditions as appropriate.

I have imposed conditions specifying a standard time limit of commencement of the development and requiring compliance with the approved plans in the interests of clarity and certainty.

I have also included a condition to restrict the hours of operation of the lights in order to protect the living conditions of neighbouring occupants.

For the reasons given above the appeal should be allowed.