Agenda item

Public Participation

Mrs Lyn Ashton (Applicant) spoke in support of the application.

David Cox, Senior Planning Officer, introduced the report which recommended that permanent permission be granted for the removal of condition 3 appended to approved planning permission 18/01851/FUL that restricted consent for a temporary 2-year period for child care nursery use and to vary condition 3 of planning consent W/06/00806/FUL to change the permitted number of children from 45 to 70) and to allow the use of the site for 70 children to be made permanent.

Key issues included; The principle of the development; impact on neighbourhood amenity; impact highway safety; impact on the designated heritage asset and other considerations.

The case officer informed the committee that since the application was reported there had been one road traffic accident along Westbury Road/near to Cophead roundabout, but it had been confirmed that the accident was not related to the nursery.

Members were also informed that an environmental health noise related complaint had been made by a neighbour since 2018, however the complaint was investigated by the Council’s public protection team and they found no statutory noise nuisance; and as part of the consultation for this application, the same team raised no objection.

When the application was reported to committee in May 2018 the same neighbour had submitted complaints of a similar nature which were duly considered at the meeting and explained by the case officer and was considered as part of the planning balance. The objections raised under this application were also fully assessed and members were informed that officers were satisfied that the proposed development would not result in substantive harm to the neighbour(s).

Members of the Committee had the opportunity to ask technical questions of the officer, however no questions were asked.

A motion to approve the officer’s recommendation was moved by Councillor Pip Ridout and seconded by Councillor Christopher Newbury.

At the end of the debate it was;

Resolved   

To approve planning permission with 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.

NOTE: There have been no changes to the proposal since the granting of the temporary 18/01851/FUL permission and therefore all approved plans and supporting documents are considered to have been rolled over from their original submission date.

3. The extended nursery premises hereby permitted shall not accommodate any more than 70 children at any one time.

REASON: In the interests of Highway Safety and neighbouring amenity

4. The extended nursery premises 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

5. The extended nursery premises hereby permitted shall continue to comply with the details submitted in the Green Travel Plan as discharged on 3 July 2018. 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.

6. The white line painting for the 6 on-site car parking spaces and the centre line at the site’s intersection with the public footpath (i.e. on the nursery site land) shall be maintained in perpetuity.

REASON: In the interests of road safety.

7. 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.