Agenda item

Retrospective application to change the use of the property from a single dwelling house (C3 use) to be retained as a mixed use; comprising of residential (C3) & childcare(D1) uses for a temporary period of 2 years.

(Planning application number: P2019/0223/FUL)

In the discussion the following points were made:

·         Planning officer informed the meeting that condition 3 of the report relating to hours of operation should read 07.30 to 18.00 hours and not 09.00 to 18.00 hours.

·         The Planning Officer advised members that the application had been submitted as a result of an enforcement investigation following a compliant raised about the unauthorised use of the property. Members were reminded that the existing childcare facilities had been operational since August 2009 and its present use would be immune from enforcement action in the event of it still being operational by August 2019.

·         Members were informed that although the loss of the existing residential floor space would not be acceptable in land use terms, the introduction of a child care facility and loss of the pre-existing residential use is considered on balance to be acceptable

·         The Planning Officer informed members that the proposal will allow the applicant seek alternative locations for the childcare facilities, after which the host property would be reinstated to a single dwelling house.

·         The applicant informed the Committee that she was in the process of looking for alternative locations for the existing child care facility, were hoping to hire a hall and were actually in the process of downsizing the scale of the facility.

·         Members welcomed Ofsted’s high rating, but noted that the provision of child care in this location amounts to a loss of residential floor space which is contrary to the Council policies.

·         A suggestion for an informative be included in the permission stating that the child care facility be limited to a 2-year period after which it will revert back to being a single dwelling was noted. Members agreed that the exact wording of the informative be delegated to the planning officer and the Chair.

·         Officers advised members to correct a typo in condition 3 controlling the hours of use of the nursery to change from the report which stated to begin at 9am and to replace this time with 07.30 am to 18.00pm Monday to Fridays.

·         In response to issues of noise disturbance to neighbouring properties and the use of rear garden, the planning officer informed the meeting that conditions 3 and 4 in the report addresses those concerns.

Councillor Convery proposed a motion to include an informative stating the temporary nature of the permission granted. This was seconded by Councillor Graham and carried.

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations planning permission be granted subject to the conditions set out in Appendix 1 of the officer report and an informative to be included as stated above, the wording of which is to be delegated to officers and the Chair.

CONDITION 03 amended re hours: The hereby approved childcare facility shall only operate Monday to Fridays between 07.30am to 18.00pm hours. The operation of the host building as a childcare facility shall not operate outside of these approved hours.

REASON: In the interest of securing sustainable development and to ensure that the resulting appearance and construction of the development is of a high standard.

Informative wording: The applicant's attention is drawn to the fact that the council only considers a two-year temporary permission to be acceptable in this case as the development is contrary to the council's planning policies to safeguard existing residential floorspace. Members did however consider its function as a useful facility for childcare in the area and consider that two years is an appropriate timeframe for an alternative premise(s) to be sought for the facility in the short to medium term.