Agenda item

Change of use from office to private day nursery (use class D1) (resubmission). [Dringhouses and Woodthorpe] [Site Visit]

Members considered a full application by Mrs Vanessa Warn for a change of use from office to private day nursery (use class D1) (resubmission).

 

In their update to Members, Officers reported that;

 

·        The description of the development had been amended to include covered decking to the rear of the building.

·        That two additional letters of objection had been received which highlighted a number of traffic and transport concerns.

·        That one further letter of objection raised concerns about the limited car space on the site and possible congestion.

·        That twenty one letters of support had been received which highlighted the need for a facility of this nature in the area and the increased accessibility for parents and children.

·          That a letter had been received from Julian Sturdy MP which stated that;

-The applicant had strong links with York College where she had taken apprentices on for her existing nursery.

-The previous business that was based at the site had 62 employees working there.

-There appeared to be a considerable demand for nurseries within the area.

-He accepted that there were concerns over the application, however he believed any problems could be overcome by approving the application and attaching conditions which must be met in order to limit the impact on local traffic and parking issues.

 

·        The Council’s Economy and Enterprise Manager said,

“The proposed creation of 47 jobs, and Little Green Rascals reputation as an Investors in People employer, meets the Council’s objectives to create jobs and grow the economy. York requires a full range of nursery provision and this would provide facilities in an area where demand clearly outweighs supply. Further, we would not want to see a lack of suitable nursery care in this area to act as barrier to residents’ access to employment and training.”

 

·     That the applicant had provided Officers with the following additional information;

·           York Racecourse had agreed in principle to allow staff to park on racecourse land (including Tadcaster Road stables) on non-racedays.

·          That Yorkshire Tourist Board stated that when they occupied the building with around 50 staff plus regular visitors there was never to their knowledge any issue over parking or entering/exiting the property.

·          Revised drawings showing the area of the access within the applicant’s control, this had reduced the width of the access to a single car width.

 

Representations in objection were received from Jill Morris, a local resident. Her concerns about the application related to;

 

·        The size of site and the small number of parking spaces. She felt that it would have a detrimental impact on the access road.

·        That parents would use the driveways of neighbouring properties to park. This had apparently happened during the building’s previous use as offices. This would lead to an increased cost in maintenance of driveways for the owners of the neighbouring properties.

·        Safety concerns for vehicles, cyclists and pedestrians.

 

Members asked if a wall could be built between the nursery ownership and the adjacent neighbouring property. Officers advised that this would be permitted development and that it would limit the width of the access road to only allow one car in and one car out at a time.

 

Representations in support were received from the applicant, Vanessa Warn. She spoke about transport issues, interest from families in the nursery, and employment opportunities. It was reported that;

 

·        There would be free bus passes and pooled bikes for staff to travel to the nursery to reduce car usage.

·        The owner of the Marriott Hotel would be happy to help out in providing additional parking space for parents to use.

·        There would be staggered pick up and drop off times, so this would reduce congestion occurring.

·        Deliveries to the nursery would happen outside of operation times.

·        There had been significant interest from families (80 families) in sending their children to attend the nursery.

·        Two free nursery places would be offered.

·        The nursery would create 25 full time and 20 part time jobs and four apprentices would be trained a year.

·        The nursery would be willing to pay for parking measures.

 

In response to questions from Members, the applicant stated that the busiest time of drop offs and pick ups would be 8 am- 9 am and 5pm- 6pm. She added that a minibus would also pick up members of staff from the Park and Ride site, service vehicle deliveries would take place between 10 am- 4pm and that the location of the fire drill evacuation point from the nursery would be assessed. Additionally, the only point at which all children in the nursery would be gathered in one place would be in the event of a fire drill.

 

Representations were received from the Ward Member, Councillor Reid. She explained how she was in support of the application as she felt it was a good use of the building and that parking concerns would be worse if the building was returned to its former use as offices.

 

Discussion took place between Members. Some Members felt that there was a need for a nursery in the area, particularly following the closure of the nursery at York College. Others felt it was reassuring that the Ward Members were supportive of the application. They felt confident that the quality of the service provided by the nursery would be high, as this had been demonstrated at another nursery in Elvington also owned by the applicants. They added that they appreciated the additional parking and travel options suggested by the applicant.

 

Other Members felt that highway concerns still remained, particularly given the access and egress to the site. Officers advised that the access to the site could be widened, but this would reduce the number of parking spaces. Finally, they felt that the facility was needed in the local area.

 

 

Officers highlighted to Members that the agreement in principle from York Racecourse to allow parents to park on their land on non racedays would probably only be short term and would not be enforceable by the council. They were satisfied that an acceptable access could be provided, but reiterated that this would reduce the number of overall parking spaces for the nursery.

 

Members suggested that the conditions attached to planning permission be delegated to the Chair and Vice Chair of the Committee to agree.

 

Councillor Semlyen moved a motion to approve the application. This was seconded by Councillor Looker. On being put the vote this motion was carried.

 

Councillor Warters asked that his vote for refusal be recorded.

 

Resolved:  That the application be approved with the following conditions;

 

 1 The development shall be begun not later than the expiration of 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.

 

2 The development hereby permitted shall be carried out in accordance with the following plans and other submitted details:-

 

Site Location plan - Y-3550-AP/BSP-13-01 Rev A received 5th March 2013

 

Existing Site Plan Y-3550-AP/BSP-13-02 Rev B received 5th March 2014

 

Drawing number 'As Existing' - Y-3550-AP/BSP-13-03 Rev A, Y-3550-AP/BSP-13-04 Rev A, Y-3550-AP/BSP-13-05 Rev A and Y-3550-AP/BSP-13-06 received 6th February 2014

 

Drawing numbers 'As Proposed' - Y-3550-AP/BSP-13-09 Rev A, Y-3550-AP/BSP-13-10 Rev A, Y-3550-AP/BSP-13-11 Rev A and Y-3550-AP/BSP-13-12 Rev B received 6th February 2014

Proposed Site Plan is subject to amendments in connection with parking, turning and access and is covered by condition 7

 

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

 

3 No more than 30 children shall be permitted within the gardens at any one time.

 

Reason: to protect the amenity of neighbouring residents and to protect the health and recovery of patients in near by hospital.

 

4 Details of an acoustic noise barrier to protect adjoining properties to the Southern and Western boundaries of the rear garden shall be submitted to and approved in writing by the local planning authority. These details shall include the construction method, height, thickness, acoustic properties and the exact position of the barrier. The barrier shall have a sound reduction index of at least 10dB. The barrier shall be erected in accordance with the approval before the use hereby permitted first comes into use and maintained thereafter.

 

Reason: to protect the amenity of the local residents and patients from noise

 

5 The development shall not be begun until details of the junction between the internal access and the highway have been approved in writing by the Local Planning Authority, and the development shall not come into use until that junction has been constructed in accordance with the approved plans. The width of the access adjacent to the back of the footway should be a minimum of 4.5m wide to allow two-way traffic.

 

Reason: In the interests of road safety.

 

6 Prior to the development commencing details of the cycle parking areas, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.

 

Reason: To promote use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

 

7 Prior to the development commencing a drawing containing details of car parking and turning areas shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the car parking and turning areas have been provided within the site in accordance with such approved details, and these areas shall be used solely for their intended purpose.

 

Reason: To enable vehicles to enter and leave the site in a forward gear thereby ensuring the safe and free passage of traffic on the public highway.

 

8 Prior to first occupation, a Full Travel Plan should be submitted and approved in writing by the LPA. The travel plan should be developed and implemented in line with local and national guidelines. The site shall thereafter be occupied in accordance with the aims, measures and outcomes of said Travel Plan. In formulating the Travel Plan consideration should be given to the following options, and used in connection with information contained within the itravelyork website and in consultation with the iTravel York Programme Manager:

 

Staff

- A policy of no parking on site or on neighbouring streets

- Provide an information pack on sustainable travel options to and from the site prior to commencement of employment

- Free bus pass (3 months) for all new staff

- Company interest free loan for cycle purchase

- Monthly promotion of walking, cycling for the health benefits

- Staff incentives for cycling or using the bus

- Identify opportunities for staff to car share

- Minibus service - to collect and drop off staff from pre-agreed points

 

Customers

- Information pack for parents in connection with sustainable travel options

- Promotion of walking and cycling with monthly cycle or walk to Nursery days

- Car sharing database for customers

- Timetable for drop off and collection times

Within 12 months of occupation of the site a first year travel survey shall have been submitted to and approved in writing by the LPA. Results of yearly travel surveys shall then be submitted annually to the authority's travel plan officer for approval.

 

Reason: To ensure the development complies with advice contained in local and national planning and transportation policy, and to ensure adequate provision is made for the movement of vehicles, pedestrians, cycles and other forms of transport to and from the site, together with parking on site for these users.

 

9 All deliveries associated with the use shall be confined to between the hours of 10:00 and 15:00 Monday to Friday

 

Reason: To prevent conflict with vehicles, pedestrians and cyclists dropping children off at the nursery during peak hours and vehicles delivering goods to the site

 

Reason:  Members considered that the measures put forward by

               the applicant to address the issue of staff parking combined with amendments to the submitted plans to secure alterations to the parking layout and access to be secured through planning conditions were sufficient to alleviate concerns regarding highway safety. As such the proposal would comply with the requirements of the NPPF and Policy C7 of the Development Control Local Plan.