Agenda item

A full application to convert the existing farmhouse and attached cottage into an organic children’s day nursery with associated landscaping and car parking. (Resubmission) [Derwent Ward]

Members considered an application to convert an existing farmhouse and attached cottage into an organic children’s day nursery with associated landscaping and car parking.

Officers updated that the reason  for refusal had been reworded into one following discussionwith Highways Officers.

Members queried why the York Maize Maze application was approved which is in a similar location to this application. Officers confirmed that the Maze Maize only operates for 3 months of the year while this application is year round and is therefore deemed unsustainable.

Representations in support of the application were heard from the applicant who advised Members that a 3 stage safety audit had been submitted and that there are no safety issues for the site. In response to the potential problems of transport to the site, it was confirmed that an agreement had been reached to allow a private minibus, operated by the Nursery, to run from the closest park and ride site. She stated that already 55 parents had expressed an interest in using the nursery and that 20 jobs would be created.

Members felt that as the applicant had a solution to the transport problems and would be providing such a good facility for the area, they were happy to approve the application and delegated to Officers to draft up any conditions.

RESOLVED:             That the application be approved subject to the following                                 conditions:¹

Condition 1 – The development shall be begun not later than the expiration of the three years from the date of this permission.

Reason – To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

Condition 2 – The development hereby permitted shall be carried out only in accordance with the approved plans or any plans or details subsequently agreed in writing by the Local Planning Authority as amendment to the approved plans.

Reason – For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

Condition 3 – Before the development works associated with the approved use of the building as a day nursery begin, details of all external materials, to be used in the development shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason – In the interests of visual amenity and to comply with Planning Policy Statement 1: Delivering Sustainable Development and City of York Draft Local Plan Policy GP1.

Condition 4 – Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority and subsequently implemented in accordance with the approved details, before the use as a day nursery commences.

New windows, rooflights and doors.

Reason – In the interests of visual amenity and to comply with Planning Policy Statement 1: Delivering Sustainable Development and City of York Draft Local Plan Policy GP1.

Condition 5 – Notwithstanding the details shown on the approved plan, no permission is hereby granted for the insertion of the two sets of French/double doors in the front elevation of Dunnington Lodge.

Reason – In the interests of visual amenity and to comply with Planning Policy Statement 1: Delivering Sustainable Development and City of York Draft Local Plan Policy GP1.

Condition 6 – The building shall not be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles (and cycles, if shown) have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

Reason – In the interests of highway safety.

Condition 7 – Details of the lighting scheme for the site shall be submitted to and approved in writing by the Local Planning Authority and subsequently implemented in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

Reason – In the interests of visual amenity of the area and York Green Belt and to comply with Planning Policy Statement 1: Delivering Sustainable Development, Planning Policy Guidance Note 2: Green Belts and City of York Draft Local Plan Policies GP1 and GB1

Condition 8 – The premises shall be used for a Childrens day Nursery and for no other purpose, including any other purpose in Class D1 in the Schedule of the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any Statutory Instrument revoking and re-enacting that Order.

Reason – So that the Local Planning Authority may re-assess alternative uses which without this condition may have been carried on without planning permission by virtue of Article 3 of the Town and Country Planning (Use Classes) Order 1987.

Condition 9 – A scheme to provide 5% of the energy requirements of the approved use as a day nursery from renewable energy sources generated on site shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented prior to the commencement of the use. Written confirmation from the installer of the technology, post build, verifying the installation has been installed shall be submitted to the Local Planning Authority prior to occupation. The site thereafter must be maintained to the required level of generation.

Reason – In the interests of providing sustainable development and to comply with Planning Policy Statement 22: Renewable Energy and City of York Draft Local Plan Policy GP4a

Condition 10 – The use as a day nursery shall not commence until there has been submitted and approved in writing by the Local Planning Authority  a detailed landscaping scheme  which shall illustrate the number, species, height and position of trees and shrubs within the site. This scheme shall be implemented within a period of six months of the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason – So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of visual amenity and to comply with Planning Policy Statement 1: Delivering Sustainable Development and City of York Draft Local Plan policies GP1 and GP9.

Reason – So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of visual amenity and to comply with Planning Policy Statement 1: Delivering Sustainable Development and City of York Draft Local Plan policies GP1 and GP9.

Condition 11 – Before the commencement of and during the works to create the car parking and dropping off area, adequate  measures shall be taken to protect the existing planting on this site. This means of protection shall be agreed in writing with the Local Planning Authority  and shall be implemented prior to the commencement of works, including excavation or storing of materials.

Reason – The existing planting is considered to make a significant contribution to the amenities of this area and to the visual amenity of the York Green Belt and to comply with Planning Policy Guidance Note 2: Green Belts and City of York Draft Local Plan policies GP1 and NE1.

Reason – The existing planting is considered to make significant contribution to the amenities of this area and to the visual amenity of the York Green Belt and City of York Draft Local Plan policies GP1 and NE1.

Condition 12 – Details of all means of enclosure to the site boundaries and within the site shall be submitted to and approved in writing by the Local Planning Authority and shall subsequently be provided on site before the use as a day nursery commences.

Reason – In the interests of the visual amenities of the area and the York Green Belt and to comply with Planning Policy Statement 1: Delivering Sustainable Development, Planning Policy Guidance Note 2: Green Belts and City of York Draft Local Plan Policy GP1.

Condition 13 – Prior to the use commencing, a travel plan shall be submitted to and approved in writing by the Local Planning Authority. This plan shall include measures to be adopted by the day nursery to reduce dependence on the private car and encourage sustainable means of travel to and from the site, along with details for annually monitoring staff and customer travel to the site.

Reason – To ensure that adequate provision is made for the movement of vehicles, pedestrians, cycles and other modes of transport to and from the site, together with provision of parking on site for these users in accordance with advice contained in Planning Policy Guidance Note 13: Transport.

REASON:                  In the opinion of the Local Planning Authority the proposal subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the Green Belt, highway safety and the benefits of the proposal, particularly the local need for the facility, which outweighs the disadvantages in terms of sustainability. In terms of car journeys, it is considered that the proposed use would not be unsustainable due to the potential for linked trips. As such the proposal complies with Policies GP1, GP4a, GB1, GB3, T13A, NE1, C1 and C7 of the City of York Draft Local Plan.