Agenda item

Change of Use from residential to day nursery.

Ms. Maria Fullwood, the applicant, spoke in support of the application.

Mrs Thomas, a local resident, spoke in objection to the application.

RESOLVED to GRANT CONDITIONAL PLANNING PERMISSION subject to the following conditions:-

Conditions

1.       The development must be begun not later than three years beginning with the date of this permission.

2.       The development hereby permitted shall be operated in accordance with the Planning Application Forms and Plans received on 6th July 2014.

3.       The day nursery shall have no more than 30 children in their care at any one time.

4.       The day nursery shall only operate between the hours of 7:30 am and 6.30 pm Monday to Friday and shall not operate on a Saturday, Sunday or on a Bank Holiday.

5.       No part of the development hereby permitted shall be brought into use until the dropped vehicle footway crossing and access has been widened to 5.25 metres in width and is made available for use and constructed to the Local Highway Authority specifications to the satisfaction of the Local Planning Authority.

6.       No part of the development hereby permitted shall be brought into use until the parking, turning and servicing areas are surfaced in a bound material with parking bays clearly delineated in accordance with the plans received on the 6th July 2014. The parking, turning and servicing areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking, turning and service areas.

7.       Before the nursery is first brought into use a layout plan showing the precise area to be used as the children's play area, together with details of how the play area will be clearly defined on site and details of the proposed surfacing of the rear play area shall be submitted to and approved in writing by the Local Planning Authority. The rear play area shall be sited, defined and surfaced in accordance with the approved details prior to the development being brought into use. Children attending the nursery shall only play in the area defined on the approved plan.

8.       Before the nursery is first brought into use precise details of the acoustic fence to be installed shall be submitted to and approved in writing by the Local Planning Authority. The details to be submitted and approved shall set out the type, height and location of the proposed acoustic fence and provide a method statement outlining how the acoustic fence shall be installed.  The acoustic fence shall be installed in accordance with the approved details prior to the nursery first being brought into use and retained thereafter for the lifetime of the development.

9.       The existing garage shown on the plan received on the 6th July 2014 shall remain in use for the purposes of parking for staff at the nursery. It shall be kept available for the accommodation of staff parking at all times and shall not be used for any other purpose unless otherwise agreed in writing by the Borough Council as the Local Planning Authority.

Reasons

1.       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

2.       For the avoidance of doubt.

3.       To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

4.       To safeguard the residential amenity of neighbouring properties and in order to accord with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014) and Policy 10 of the Aligned Core Strategy for Gedling Borough.

5.       In the interests of Highway Safety.

6.       To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area.

7.       To safeguard the amenity of neighbouring residents in order to comply with  the Aligned Core Strategy for Gedling Borough (September 2014) Policy 10.

8.       To ensure that the details of the development are acceptable , in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

9.       In the interests of road safety, in accordance with the aims of policies ENV1 of the Gedling Borough Replacement Local Plan (Certain Saved Policies 2014).

Reasons for Decision

The proposed use is an acceptable use in this location, results in no undue impact on neighbouring properties or the area in general. The proposal is also acceptable from a highway safety viewpoint. The proposal therefore accords with Policies ENV1 and C3 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014).

Notes to Applicant

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework.

The attached permission is for development which will involve building up to, or close to, the boundary of the site.  Your attention is drawn to the fact that if you should need access to neighbouring land in another ownership in order to facilitate the construction of the building and its future maintenance you are advised to obtain permission from the owner of the land for such access before beginning your development.