Agenda item

The following people spoke against the proposal

Mrs Karen Mackie, a local resident

Mr Derek Atkinson, a local resident

The following person spoke in support of the proposal

Mrs Natasha Handoll, the applicant

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application.  He introduced the report which recommended that planning permission be granted subject to conditions.

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

Members then heard the views of Cllr Mark Connolly, as local Member, who explained that the Town Council, of which he was a member, had raised no objections to the proposal.  He had met with several of the local residents and also with the applicant and considered that a reasonable compromise could be reached by:-

·         including conditions prohibiting childminding at weekends and Bank and Public Holidays, and

·         the erection of a gate by the applicant safeguarding children from access on to the highway.

During discussion, whilst Members supported the erection of a 5 foot gate to safeguard children, several Members did not support the limiting of childminding activities in view of the small number of children who would be on the premises at any one time.

Resolved:

To grant planning permission for the following reason and subject to the conditions as set out below:-

Reason for Decision

The proposed development (now retrospective) seeks to convert the double garage at the front of the dwelling into a childminding business, accommodating a maximum of 6 children at any one time.  It is considered that due to the relatively small scale of the childminding business, its limited operating hours and the adequate amount of on-site / public parking spaces nearby, the proposal would be acceptable in principle, would not cause any harm to residential amenity and would not cause any harm to highway safety.  The development would therefore accord with the aims and objectives of the development plan, having regard in particular to policy PD1 of the Kennet Local Plan 2011.

Conditions:

1.             The use of the premises for childminding shall be limited to a maximum of six children at any one time.

REASON:  To limit the intensity of use of the premises, to safeguard the amenity of neighbours and in the interests of highway safety.

2.             When the childminding use hereby permitted ceases, the use of the property shall revert to a single dwellinghouse (Use Class C3).

REASON:  In the interests of neighbouring amenity.

3.             The childminding use hereby permitted shall only take place between the hours of 07:30 – 17:30 on any day.

REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

4.             This development shall be in accordance with the submitted drawings deposited with the Local Planning Authority on 20/02/12, with the additional provision of a 5 foot pedestrian gate on the northern boundary of the garden to allow pedestrian access to the site.

REASON:  For the avoidance of doubt.

5.            INFORMATIVE TO APPLICANT:

Any business operations at the site other than that specified in the application documentation provided may be in breach of planning control and liable to enforcement action.  In addition to the planning conditions, Section 79 of The Environmental Protection Act 1990 (legislation that operates outside of the planning system) identifies noise as a statutory nuisance.  If a complaint of statutory nuisance is justified an Abatement Notice can be served upon the person responsible, occupier, or owner of the premises requiring that the Nuisance be abated.  Failure to comply with an Abatement Notice is an offence and legal proceedings may result.