Agenda item

Temporary change of use to Day Nursery (D1 Use) for a period of 2 years. [Micklegate Ward]

Members considered a full application submitted by Ms Nancy Newman for the temporary change of use to a Day Nursery (D1 Use) for a period of 2 years.

Officers updated that additional letters of objection had been received which raised concerns about the following:

·        Traffic

·        The time the children would arrive and leave the premises

·        Parking

·        Health & Safety

·        Noise nuisance

·        The effect on family residences

A letter had been received from the Applicant that stated parents would have to sign a contract to say that they would not park in St Aubyn’s Place.

Members asked Officers whether such a parking contract could be conditioned and it was confirmed that it would be unenforceable by the Council and therefore could not be conditioned.

Representations, in objection, were received from the Bursar at the Mount School who raised concerns relating to car parking for both staff and parents, traffic problems in the area and potential difficulties with parents dropping off their children at the nursery.

Representations, in objection, were received from a local resident who confirmed that this was predominantly a residential area. There were already existing parking problems in the St Aubyn’s Place vicinity and the extra traffic generated by the proposed nursery school would add to this. There were also health and safety worries for both children and residents; especially in connection with access and egress from St Aubyn’s Place.

Representations were received from the Applicant’s advisor who said that their prime concern was for the safety of both children and residents. Therefore parking had been addressed and parents would be required to use a certain entrance of the Elmbank Hotel car park to help alleviate traffic and parking pressures in the area. The dropping off and collection times would be staggered and parents would be required to sign a contract to say that they would comply with these parking arrangements. Noise would be minimal and access to the property would be restricted.

Members felt that the parking contract would not be an effective or enforceable solution and parents would still drop their children off outside the nursery school thus adding to the traffic/parking problems in St Aubyn’s Place. There were also concerns regarding the potential noise nuisance from the garden area of the property. Members felt that the area should be kept for residential usage and local policies sought to protect family housing.

RESOLVED:             That the application be refused.

REASON:                  The Local Planning Authority considers that in the absence of adequate onsite car parking the proposed development would be likely to result in vehicles parking on the adjacent public highway thereby increasing congestion and creating a situation detrimental to the free flow of traffic and the safety of highway users.  As such the proposed development would be detrimental to highway safety, which is a material planning consideration.

The Local Planning Authority considers that the proposed nursery would lead to increased levels of noise that would be harmful to the amenity of nearby residents.  As such the proposal is contrary to policy C7 of the City of York Draft Local Plan, which states that planning permission will be granted for the development of, or change of use to, a nursery provided (among other criteria) there would be no harm to residential amenity or the residential character of an area.

 The Local Planning Authority considers that the proposed change of use is unacceptable, as it would lead to a loss of housing stock, which is contrary to policies H9 and C7 of the City of York Draft Local Plan, which seek to preserve individual houses due to the shortage of housing stock in the city.