Kitelands Recreation Ground - "The Lights" LATEST

 

 

Town Council said on Wed, 22 May 2013 - Regarding the lighting at Kitelands recreation ground; the lights are subject to a planning condition and as such are limited to the time that they are allowed to be on. The lights would have been one hour out at the time of Mr Masons e mail  simply because they were not altered when the time changed recently. The lights have now been rectified.

 

My response sent today 24th May 2013 -

 

Firstly we all know that there are planning restrictions that limit the times the lights are on, not before 7.00am and not after 8.00pm. The problem is that over the last 3 years BTC have been constantly  in breach of these conditions and have come up with all sorts of excuses / reasons why they have not complied.

On 16th May 2012 because they were in breach again the lights were switched off for the summer. The lights were put back on again, I believe in early October, but well before the end of British Summer Time (BST) on 28th October 2012. The lights were coming on at 5.00 to 6.00am. and staying on in the evening until gone 8.00pm.

When BST  started again on 31st March 2013 the lights were staying on until approximately 9.30pm. I observed this a couple of times myself, and it was reported to me by others. Not one hour out because of the start of BST, 25 days earlier. Recently, with the lighter evenings, they have been coming on at 8.30pm and going off at approximately 9.30pm.

Since this has been happening for at least 3 years and probably longer, I would have thought that when the time clocks were replaced it would have been an ideal opportunity to incorporate a daylight saving mechanism.

I take "The lights have now been rectified" to mean that they have been switched off again like before to overcome the "problem".

BST was introduced nearly 100 years ago, but just to let you know that BST this year ends on the 27th October 2013, so it will not come as a surprise.

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In my post of 18th May 2012 I said:

"British Summer Time ends on 28th October 2012 and it is likely they will be switched back on before that date so Biggleswade Town Council will again be in breach of the conditions. If this happens I will then go straight to Planning Enforcement as I do not believe the Council are treating these breaches seriously."

The lights were switched on in early October 2012 and were in breach of the Planning Conditions - The lights must not be on before 7 am or after 8 pm. When BST ended they were still in breach and when BST has started again in March 2013, they are even more in breach. I understand that the lights are now on until 9.30pm.

Over the last year for very personal family reasons I have not had the time or enthusiasm to pursue issues with CBC & BTC as I did before.

BUT I 'M BACK

 

As a courtesy I have asked a Biggleswade Town Councillor who has been involved in a positive way in the past so see if they can resolve this issue. If that cannot be done locally in then I will go to CBC Planning Enforcement. I suspect what will happen, is the lights will be switched off for the summer as has happened before.

After more than a week the Councillor tells me he has not had a response from the Town Clerk or the Deputy Town Clerk. The lights did not go off tonight until approximately 21.30. I have therefore referred the matter to Sue Cawthra, Planning Enforcement and Appeals Team Leader, Central Bedfordshire Council.

 

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 For those of you not familiar with the lights problem I have listed below links to previous posts:



http://biggleswadeonline.blogspot.co.uk/2011/09/councillor-steven-watkins_25.html
http://biggleswadeonline.blogspot.co.uk/2011/02/saga-of-lights-at-kitelands-recreation.html
http://biggleswadeonline.blogspot.co.uk/2011/12/kitelands-recreation-ground-lights.html
http://biggleswadeonline.blogspot.co.uk/2012/05/kitelands-recreation-ground-lights.html

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OR you can read the story so far:

Planning Application MB/01/00869, which submitted by the then Bedfordshire County Council on behalf of Biggleswade Town Council, was approved in December 2001. It included the construction of a footway / cycleway and associated lighting.

At the time there was concern about the amenity of neighbouring properties.

“There have been a large number of objections from people who back onto this recreation ground. Many of the objections relate to the provision of the lighting. Some people have claimed that the lighting will attract youths to congregate in the area after dark. The Architectural Liaison Officer from Bedfordshire Police has stated that lighting routes is advisable from a community safety perspective, although if there is a concern about youths gathering then the lights should be extinguished at an appropriate time.

The lighting is required for school children coming and going to school during the winter, on the basis that some children may be in school, after normal hours, for outside activities and clubs. The proposed lighting will be fitted with timers which can be set to switch on and off at certain times. In order that the lighting is only switched on when required by school children, a condition will be attached restricting the times during which the lights may be on. This will ensure that there will be no light pollution from the columns closest to residential properties during the late evening and night time hours.,”

One of the conditions of the approval was:

“The lighting hereby permitted shall at no time be switched on between the hours of 8.00 pm to 7.00 am”

 

 

In May 2010 one of my neighbours, mentioned that for some time they had been trying to get the Council to do something about the light that was at the end of their garden, as it was on all night.

At that time I was not aware of the condition that applied to the timing of the lighting. After some research I asked Central Bedfordshire Council (CBC), Planning if the condition had been changed. In June 2010 I received a response from Planning Enforcement:

“The condition has not been changed.  The 6m lighting columns are supposed to be on a timer switch so it may be that there is a problem with the timer unit.  I will look into it as the condition needs to be complied with.”

I passed this information onto the Town Clerk of Biggleswade Town Council and on 26^th June 2010 he told me:

“I am aware of the situation with the lights; I have spoken to the planning people and also the lighting people. I am hopeful that the lights will be rectified any day.”

On the 1^st July 2010, Planning Enforcement informed me:

“Following your earlier email regarding the lights, I have contacted the Town Council who have assured me that they will get the timing switches repaired.”

On the 7^th July 2010, I advised Planning Enforcement:

 “The lights were still on after 8pm Tuesday night 6th July until first light on Wednesday morning 7th July, today.”

On the 14^th July 2010, I wrote to them again:

“The lights are still on all night.”

On Thursday 15^th July 2010, Planning Enforcement advised me:

“I have been assured that the lights will be disconnected tomorrow. 

Please can you confirm to me on Monday that the lights are no longer illuminated.”

The lights were switched off on Friday 15^th July 2010.

 

29^th September 2010, here we go again.

Email to Planning Enforcement:

“Since the lights went off in July they have not come back on again even when it was dark within the permitted times.

Yesterday there were two chaps in high vis clothes and hard white hats over Kitelands looking at the lights. They appeared to be Highways people from Amey.

Last night the lights came on when it was dark and stayed on all night.

I would appreciate if you could get the situation regularised again.”

7^th October 2010, a response:

“Regarding the lights at Kitelands recreation ground, I have reported this matter to the Town Council, tel no. 01767 313134, who will get the lights changed back to the permitted times. They were not aware that the times had changed, they know that this matter is urgent, but please let me know, or contact the Town Council direct, if the lights remain on at night.”

I responded the same day:

The times were part of planning consent MB/01/00869 (19th December 2001), which was a planning application made on behalf of Biggleswade Town Council.

They are fully aware of the times and have been the same since the permission was granted to them. In June / July, after three weeks of trying to get them to rectify the situation, they just turned them off. Now they have just turned them back on again.

 On Sunday 10^th October 2010, I sent this email to Planning Enforcement:

 “Because the lights are back on all night, every night,  this weekend the drinkers returned. They sit under the lights drinking and shouting until the early hours.

The cans and rubbish and broken glass they leave behind is usually cleared up by dog walkers and parents / grandparents as it has been this morning. This problem is regularly reported to Biggleswade Town Council who say they will inform the Police. 

When the Planning Permission was granted, the Police asked for restrictions on the times the lights were in use.

 I would be grateful if you could get this resolved quickly.”

On 11^th October 2010, Planning Enforcement responded:

 “I have again contacted the Town Council and forwarded your e-mail (but not your contact details and name). The Town Clerk is to contact Amey again to get this matter sorted out. They have been reminded of the hours permitted by the planning permission.”

On the 13^th October 2010, Planning Enforcement forwarded me an email from the Town Clerk of Biggleswade Town Council:

 

I have spoken with Andy Clark at Amey and asked that the lights at Kitelands are turned off.

It would appear that the time clock is not functioning and no replacement can be obtained.

Amey are currently looking at other ways, too include costs in which the lights can be timed and until a solution can be found the lights will remain off.

Please find the telephone number of Andy Clark should you require confirmation of their actions.

On the 18^th & 21^st October 2010, I informed Planning Enforcement that the light were still on all night.

The lights did not come on, on the night of Friday 22^nd  October 2010.

 

On the 16^th November 2010, I received an email from Planning Enforcement:

Following your recent correspondence to us regarding the lights I have forwarded you an email I have received from the Town Council.  The email explains that the lights will be on for a 24 hr period as new timers are to be installed so please be aware this will happen sometime this week.  Hopefully the situation will finally be rectified.

Town Council email –

In relation to the problems that we have been encountering with the lights at Kitelands in relation to timers etc, I can advise that new timers are being installed on all lights at some point this week.

The chips that operate the timers when installed will take one full 24hr cycle to establish when dusk and daylight fall and will then set themselves to go off pm and come back on am. During the initial 24hr cycle the lights will remain on for the 24hrs so please accept this as advanced notice.

I am hopeful that after the initial 24hrs the lights will function as they should.

19^th November 2010, email to Planning Enforcement:

 

Hello Sam it's me again !!

Amey were working on the lights at Tuesday lunchtime.

Tuesday night into Wednesday morning the lights were on all of the time, as expected.

Wednesday and Thursday nights all of the lights came on at approximately 1615.

Three of the lights, (Mead End entrance, School Gates and by the Play Equipment), on both nights,  went off between 23.15 and 23.30. The fourth light goes off at thirty minutes past midnight. All of the lights are back on again at approximately 5.15 in the morning and go off when it gets light.

As you, I and Biggleswade Town Council (BTC) know the planning permission says:

The lighting hereby permitted shall at no time be switched on between the hours of 8.00 pm to 7.00 am.

I wish you luck in trying to get BTC to comply.

28^th November 2010, another email to Planning Enforcement :

Can you give me an update please as the lights are still on at the same times as per my email of over a week ago.

30^th November 2010, email from Planning Enforcement:

I have contacted the Town Council yet again about the timing of the lights and asked that someone check them.  There is obviously a problem with the timers again.

3^rd December 2010, email to Planning Enforcement:

It was on 18th June 2010 that you confirmed to me that the lights were in breach of the planning permission and on 30th June I exchanged emails with BTC Town Clerk who said he was aware of the situation. Eventually on 15th July 2010 the lights were completely turned off.

On 29th September 2010 the lights were turned back on again without any changes to the timing, so they were on all night. In your absence on 7th October the BTC Town Clerk said he was unaware the timings had changed and would deal with the matter urgently. It was not until 22nd October that the lights were turned off again.

On the 16th November 2010 the lights were turned on again, apparently with new timers, and now  three go off at approximately 11.30pm and the other at half past midnight and all come back on at approximately 5am and all go off when it gets light.

Quite frankly I think BTC are just thumbing their nose at you. Would you accept this sort of messing about from anyone else who was in breach of Planning Permission. I would have thought by now some sort of legal enforcement would have been threatened.

6^th December 2010, email from Planning Enforcement:

“The Town Council have been given 7 days (from today) to rectify the situation otherwise we will be serving a Breach of Condition Notice formerly requiring them to comply with the condition.”

11^th December 2010, email to Planning Enforcement:

On Friday morning, 10th December 2010 the Amey men were back.

It appears that they have switched the lights off again, as they did not come on Friday night, Saturday morning or Saturday night.

How long do you give it before they are turned back on?

Don't close your file.

2nd December 2011 - lights switched back on again after nearly a year. The lights did come on when it got dark and went off a few minutes after 8.pm. They were not on before 7 in the morning. Looks as if they may have cracked it at last.

25th March 2012 - Start of BST in breach of conditions again, lights coming on before 7.00am and going off after 8.00pm.

6th April 2012 - I brought this to the attention of Councillor Steven Watkins as he had asked me to do this.

16th May 2012 - lights switched off for the Summer.

Early October 2012 -  lights switched on , in breach of conditions again.

28th October 2012 - British Summer Time ends still in breach of conditions.

25th March 2013 start of BST, lights come on before 7.00 in the morning and in the evening stay on until approximately 21.30, in breach of the conditions.

26th April 2013 - I brought this to the attention of Councillor Steven Watkins as he had asked me to do this. He will raise this with Deputy Town Clerk in lieu of the Town Clerk being on leave until 7th May 2013.

5th May 2013 - asked Councillor Steven Watkins for an update.

 
9th May 2013 - Councillor Steven Watkins informed me " I am going to call the Clerk shortly for an update, as I have not yet received a response. You may have already reported the TC but I still want the answers anyway."