Agenda item

Section 73 application for the variation of condition 3 (increase in number of children who can attend the nursery from 45 to 55) and condition 4 (increase in number of children who can attend full day care session from 27 to 37 between 08.00 to 18.00 hours) of planning permission 16/00339/FUL, for the proposed use of dwellinghouse for the purpose of residential dwelling and Children's Nursery (No.119). Proposed formation of combined driveway to the front of Nos. 117-119

Section 73 application for the variation of condition 3 (increase in number of children who can attend the nursery from 45 to 55) and condition 4 (increase in number of children who can attend full day care session from 27 to 37 between 08.00 to 18.00 hours) of planning permission 16/00339/FUL, for the proposed use of dwellinghouse for the purpose of residential dwelling and Children's Nursery (No.119). Proposed formation of combined driveway to the front of Nos. 117-119

The Committee noted:

• The supplementary report of the Head of Planning tabled at the meeting.
• The comments of Crowthorne Parish Council considering no objection to the proposal, as summarised in the Supplementary report. 
• 1 letter of objection received as summarised in the Agenda papers.
• 7 letters of support received as summarised in the Agenda papers and the 8 further letters of support as summarised in the Supplementary Report.
• A petitions with a total of 49 signatures from clients of the nursery have been received, as summarised in the Supplementary report.

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

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

REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.

02.          The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 13 June 2017:

Site location plan

Drawing no. RS1501-Rev 7

REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

03.          The number of children present at the nursery at 117 and 119 College Road during the nursery’s operational hours shall not in total exceed 55 at any one time.

REASON: To enable the Local Planning Authority to maintain control over the use of the site in the interests of the amenities of adjoining residents.

[Relevant Plans and Policies: CSDPD CS1]

04.          The hours of operation of 117 and 119 College Road connected to the nursery use shall be restricted to 08.00 to 18.00 hours (for up to a maximum of 37 children) and 09.15 to 16.00 hours (for up to a maximum of 55 children) Mondays to Fridays for a maximum of 46 weeks in any calendar year and the premises at 117 College Road shall not be used for the purposes of a nursery at any other time.

REASON: To enable the Local Planning Authority to maintain control over the use of the site in the interests of the amenities of adjoining residents.

[Relevant Plans and Policies: CSDPD CS1]

05.          The times of the nursery school sessions shall be staggered as set out in table 1 at page 5 of the Planning and Access Statement by Paul Scott submitted with the application and received by the Local Planning Authority on 13 June 2017.

REASON: To enable the Local Planning Authority to maintain control over the use of the site in the interests of the amenities of adjoining residents.

[Relevant Plans and Policies: CSDPD CS1]

06.          The use of the rear garden of 117 College Road in connection with the nursery shall be limited to the enclosed swimming pool and changing room and the covered outdoor play area in accordance with paragraph 4.10 of the Planning Statement by Scott Planning Associates Ltd submitted with the application as additional information and received by the Local Planning Authority on 24 September 2014 connected to application 14/01043/FUL. No part of the rear garden of 119 College Road shall be used in connection with the nursery operations and shall only be used for C3 residential purposes.

REASON: To enable the Local Planning Authority to maintain control over the use of the site.

[Relevant Plans and Policies: CSDPD CS1]

07.          The nursery use of 119 College Road shall at no time be split from the operation and use of 117 College Road as a nursery, and 119 College Road shall at no time operate as an independent D1 (nursery) unit.

REASON: To enable the Local Planning Authority to maintain control over the use of the site.

[Relevant Plans and Policies: CSDPD CS1

08.          No other D1 use (other than nursery) shall take place at 117 and 119 College Road outside of the operational hours of the nursery.

REASON: To enable the Local Planning Authority to maintain control over the use of the site.

[Relevant Plans and Policies: CSDPD CS1]

09.          In the event that the D1 (nursery) use of 117 College Road ceases, the D1 (nursery) use of 119 College Road shall also cease and the use of 119 College Road revert back to sole use as a single dwellinghouse.

REASON: To enable the Local Planning Authority to maintain control over the use of the site.

[Relevant Plans and Policies: CSDPD CS1]

10.       Outside of the operational hours of the nursery, 119 College Road shall return to sole C3 (residential) use and shall solely be used for C3 (residential) use at weekends and bank holidays.

REASON: To enable the Local Planning Authority to maintain control over the use of the site.

[Relevant Plans and Policies: CSDPD CS1]

11.       The part of the ground floor and the first floor of 119 College Road identified in red for C3 (residential) use on drawing no. 433-01 C received by the Local Planning Authority on 13 April 2016 as part of previous planning permission 16/00339/FUL shall be used solely for C3 (residential) use at all times.

REASON: To enable the Local Planning Authority to maintain control over the use of the site.

[Relevant Plans and Policies: CSDPD CS1]

12.       There shall be no increase in the number of children attending the nursery until the associated vehicle parking spaces have been surfaced and marked out in accordance with the approved drawing. The spaces shall thereafter be retained and kept available for parking at all times.

REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users.

[Relevant Policies: BFBLP M9, Core Strategy DPD CS23]

13.       There shall be no increase in the number of children attending the nursery until a drop-off zone Management Plan has been submitted to and approved in writing by the Local Planning Authority. The approved drop-off zone Management Plan shall commence operation when the number of children attending the nursery exceeds 45 and shall continue in operation thereafter.

REASON: In the interests of highway and pedestrian safety.

[Relevant Policies: Core Strategy DPD CS23]

14.       There shall be no increase in the number of children attending the nursery until an updated Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall commence operation when the number of children attending the nursery exceeds 45 and shall continue in operation thereafter.

REASON: In the interests of accessibility and to facilitate access by cyclists and/or pedestrians.

[Relevant Policies: BFBLP M6, Core Strategy DPD CS23]