Catton Hall Outdoor Activity Centre on Bradley Lane has submitted an application for a Lawful Development Certificate (LDC), confirming the legality of the use of its land for clay pigeon shooting, quad trekking, paintball games, archery and air rifling.

An LDC is sought when an individual or organisation seeks proof that the existing use of a building or site is lawful for planning purposes.

In 1992, Catton Hall was granted permission for 'occasional' clay pigeon shooting to take place for 48 days in a year.

Now, the activity centre say that on average there is shooting taking place 191 days per annum, with as many as 215 days being recorded in 2015.

Similarly, while a Certificate of Lawfulness was awarded for no more than 30 days of quad bike racing and practising in 2008, Catton Hall now report an average of 138 days of this activity per year.

In addition, the centre already plays regular host to archery, air rifling and paintballing sessions on weekdays and weekends.

Although it would seem that, by exceeding the number of days allowed for their activities, Catton Hall is in breach of its planning conditions, the Planning and Compensation Act 1991 rules that local planning authorities only have 10 years from the supposed breach in which to undertake enforcement action.

Catton Hall have put forward evidence to show that they have been exceeding the originally agreed figure for at least 12 years, meaning that this 10 year cut-off point has long since passed.

In that time, the applicants claim that "our use of the land in this respect has been uninterrupted throughout this period and for many years before that.

"It has not been subject to challenge or to any enforcement activity by the planning authority."

Town and Parish Council comments

Seeing as Catton Hall sits on the boundary between Frodsham and Kingsley, both Frodsham Town Council and Kingsley Parish Council have been examining this application.

Kingsley Parish Council have communicated that it accepts the growth in the number of permitted days for the various activities, but would not want to see any further increase.

It then proposed the introduction of an upper limit on the number of days that activities can occur within a year.

"We would also ask that all requirements for sound mitigation systems are regularly checked and enforced as we are aware that nearby residents have concerns," the Parish Council added.

At Frodsham Town Council Planning Committee's last meeting, Cllr Bill Stockton said: "Really the argument is about the frequency of clay pigeon shooting and potentially the annoyance it could cause."

"The original agreement in 1992 was 12 Sundays between the hours of 10:30am and 4pm, six weekdays, Monday to Saturday inclusive, between the hours of 10:30am and 4pm, and 30 weekdays, Monday to Saturday inclusive, between the hours of 10:30am and 4pm. If you total that up it equals 48 days.

"They are claiming over the last 10 years that they have been much in excess of the 48 days originally agreed, and because they have been doing it for many years they should be allowed to continue, which is apparently the law.

"As I see it, it's up to the residents and case officer. If residents have a problem, they need to have some kind of evidence that this has not been the case for the last 10 years."

Any residents who would like to make a representation about this application should write to the case officer, Edward Bannister, at [email protected]

Frodsham ward Councillor, Lynn Riley, who was also present at the meeting, commented: "I think this is quite a difficult one because in all things we want balance.

"Catton Hall is obviously a highly successful local business; it's great to see a rural business going from strength to strength and employing so many local people. It's phenomenal; it brings a lot of people to town and they have a great time while they are there.

"But we do have some of the challenges of the location. The access to it is very narrow and it is a road where people live, so there have inevitably over time been some difficulties in reconciling those two things and I have to express a little bit of disappointment with how the Planning department are approaching this.

"The applicant has put forward their evidence, but over the years Cheshire West has also had its own evidence. When the police meet with Highways down there to look at some of the incidents and, sadly, accidents, as well as the concerns that local residents have there is evidence within Cheshire West's own systems that this has not gone unchallenged over many years.

"I don't think it's unreasonable for local residents to ask why Cheshire West hasn't ensured compliance with the planning, particularly around the noise.

"[Residents have complained to Cheshire West about the frequency of the shoots] for many years, and I think this is something that the case officer is going to explore.

"An LDC is a very narrow process and it doesn't give us the same access from a democratic perspective that a full application would trigger.

"I think the issue is that no one is contesting the legality of what they are doing, but as you have heard me say on too many occasions now, all we ever want people and businesses to do in Frodsham is just to be a good and considerate neighbour."