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 26th 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 1st 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 7th 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 14th July 2010, I wrote to
them again:
“The lights are still on all night.”
On Thursday 15th 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 15th
July 2010.
29th 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.”
7th 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 10th 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 11th 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 13th 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 18th & 21st 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 22nd October 2010.
On the 16th 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.
19th 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.
28th 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.
30th 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.
3rd 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.
6th 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.”
11th 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."
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