Agenda item

Section 73 application to vary condition 3 of planning permission 08/01059/FUL (The garden shall not be used by more than 28 children or babies  between the following times 09:00 to 18:00 hours Monday to Friday and not at all outside these hours, except for no more than 14 children or babies between the hours of 08:00 to 09:00 Monday to Friday) to allow up to 49 children to use the garden area at any one time.

Section 73 application to vary condition 3 (The garden shall not be used by more than 28 children or babies  between the following times 09:00 to 18:00 hours Monday to Friday and not at all outside these hours, except for no more than 14 children or babies between the hours of 08:00 to 09:00 Monday to Friday) and condition 4 (the garden shall not be used by more than 14 children or babies between 08:00 to 18:00 hours Monday to Friday and not at all outside these hours and at no time at all on Saturdays and Sundays or Public Holidays)of planning permission 08/01059/FUL to allow up to 49 children to use the garden area at any one time.

The Committee noted:

• The supplementary report of the Head of Development Management tabled at the meeting.
• The comments of Bracknell Town Council.
• One letter of objection.

Members expressed concern in relation the impact on residents of a possible increase in noise from the garden of the nursery if all 49 children were allowed in the garden at the same time and the frequency with which the children would be outside in the garden.

RESOLVED that the application be approved subject to the following conditions:-

01.     No more than 49 children or babies shall receive nursery services at the premises at one time.     

02.     The nursery use hereby permitted shall not operate outside the following times 07:00 to 18:00 hours Monday to Friday and at no time at all on Saturdays and Sundays or Public Holidays.           

03.     The garden shall not be used by more than 49 children or babies between the hours of 09:00 to 18:00 hours Monday to Friday and not at all outside these hours, except for no more than 14 children or babies between the hours of 08:00 to 09:00 Monday to Friday and not at all outside these hours.

04.     The use of the garden hereby permitted for 49 children shall be discontinued on or before 24 May 2013. After this time the garden shall not be used by more than 14 children or babies between 08:00 to 18:00 hours Monday to Friday and not at all outside these hours and at no time at all on Saturdays and Sundays or Public Holidays.

Summary Of Reason(s) For Decision:

The following development plan policies have been taken into account in determining this planning application:

Bracknell Forest Borough Local Plan: Policies

EN20 as it would be acceptable in terms of its impact upon the character of the area, and amenity of surrounding properties and adjoining area.

EN25 which seeks to avoid development which would generate unacceptable levels of noise, smoke, gases, fumes, effluent, vibration, dust or other environment effects which would adversely added the amenities of occupiers or buildings, or users of outdoor space.

Guidance contained within the NPPF has been taken into account. This does not alter officer recommendation.

The following material considerations have been taken into account:

The proposal is considered to comply with BFBLP Policies EN20, EN25.  The proposal will not adversely affect the character of the building, neighbouring property or area or significantly affect the amenities of neighbouring property. The proposal will be granted permission on a temporary basis of 12 months in which the increase in the number of children that can use the outdoor play area at any given time from 28 to 49 can be assessed to determine whether any additional impact is caused to the residential amenities of neighbouring properties.

The planning application is therefore approved for a temporary period.