Agenda item

18/01851/FUL: Barney Lodge Day Nursery, 5 Westbury Road, Warminster, BA12 0AN

Minutes:

Public Participation

Lyn Ashton, applicant, spoke in support of the application.

Cllr Sue Fraser, Warminster Town Council, spoke in objection to the application.

 

David Cox, Senior Planning Officer, introduced the report which recommended approval be granted subject to conditions for a change of use to part of the existing building from residential to nursery uses (Part Retrospective) and Variation of Condition 3 of planning consent W/06/00806/FUL to change the permitted number of children at the nursery from 45 to 70.

 

The key issues were identified as; the principle of the development, impact on neighbouring amenity, impact on highway safety and the impact on designated heritage assets.

 

Members of the Committee had the opportunity to ask technical questions of the officer. Details were sought on: Access in and out of the setting, highways concerns and details on the lack of childcare spaces in the town.

 

Members of the public, as detailed above, had the opportunity to speak on the application. 

 

The local unitary member, Councillor Pip Ridout then spoke in relation to the application noting the excellent work provided by the nursery and expressed concern over the number of children that would be accommodated within the premises and the increased amount of traffic.

 

A motion was moved by the Chairman to approve temporary permission for two years which was seconded by Councillor Jonathon Seed.

 

A debate followed and the key points included: that the number of the childcare spaces was too high and the need to monitor the application over the two year period to assess the successfulness of the changes including changes of the staff parking being proposed by the nursery owner.

 

At the end of the debate it was;

 

 

Resolved:

 

To approve temporary permission for two years from the date of decision subject to the following conditions:

 

 

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON:   To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Location Plan, Block Plan and Design and Access Statement - all received 8 March 2018; Consolidated Transport Statement, Children Space Requirement Statement, Noise Mitigation Statement - all received 9 April 2018; Further Children's Space Requirement and Garden Use Statement - Received 18 April 2018; Garden Zone Plan - received 8 May 2018; Proposed Plans and Elevations - received 11 May 2018

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3

The use hereby permitted shall be discontinued on or before 30 May 2020 unless an extended timeframe is approved under a separate application.

 

REASON: In the interests of amenity.

 

4

The nursery shall not accommodate any more than 70 children at any one time.

 

REASON: In the interests of Highway Safety and neighbouring amenity

 

5

The extended nursery hereby permitted shall only operate between the hours of 0700 in the morning and 1800 in the evening Monday to Friday.  The use shall not take place at any time on Saturdays, Sundays and Bank or Public Holidays.

 

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

 

6

The extended use of the nursery shall not commence until a Green Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan should include measures to be adopted pursuant to actively encouraging parents to use sustainable modes of transport when accessing and using the nursery and to reduce private car dependency levels as well as require the applicant to submit full details of the Plan's implementation and its monitoring.  Thereafter, the on-site use should operate in accordance with the agreed details. Future monitoring reviews of the Travel Plan should be submitted to the Local Planning Authority on request, together with any changes to the plan arising from those results.

 

REASON: In the interests of road safety and reducing vehicular traffic to the development.

 

NOTE: The applicant should make contact with the Council's green travel plan officer Ruth Durrant to assist with its preparation and to ensure best practices are employed.

 

7

The extended use of the nursery shall not commence until the 6 on-site car parking spaces and a centre line at the site's intersection with the public footpath (i.e. on the nursery site land) have been white line painted. Thereafter, all the line painting shall be maintained in perpetuity.

 

REASON: In the interests of road safety.

 

8

The outside play area, shown as ZONE 1 on the submitted garden plan shall only be used during the hours of 0930 to 1130 and 1430 to 1630.

 

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

 

 

Supporting documents: