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Agenda item
Fernwood Care Home, 30 Fern Road (HS/FA/19/00266)
Minutes:
Proposal
Change of use from a C3 residential property to a D1 Non-residential institution, as a day nursery. The proposal includes: Increased widths to the external footpaths and erection of 2m acoustic fence (amended description).
Application No
HS/FA/19/00266
Conservation Area
No
Listed Building
No
Public Consultation
Yes – 29 letters of objection, 49 letters of support and 1 neutral comment received. 1 petition of objection.
Councillor Davies left the Chamber for the duration of this item.
The Planning Services Manager presented the application for a change of use from a C3 residential property to a D1 Non-residential institution, as a day nursery. The proposal includes: Increased widths to the external footpaths and erection of 2m acoustic fence (amended description).
The Planning Services Manager informed the Committee that 1 additional letter of support had been received since publication of the report. A copy of the letter was made available to Committee members. The letter raised no new matters that hadn’t already been covered in the planning officer’s report.
Councillors were shown plans, photographs and elevations of the application site together with a plan showing the walking distances to day nurseries in the area. The Planning Services Manager explained that the main issues to consider were highway safety and noise. The Parking Survey submitted with the application showed available street parking in the area. ESCC had not objected to the application and had requested use of conditions and informatives. Noise concerns were addressed by the imposition of conditions 11, 12 and 14.
The petitioner, Mr Perry, was present and spoke against the application. Mr Perry said that the objectors are not suggesting that local nursery provision is not important or not needed in the community. The main concern is the poor location. The applicant has ignored the limitations of the property and not engaged with the local community or their direct neighbours. Mr Perry raised concerns with the quality and accuracy of the parking survey. He said there was no designated drop off point and there would be increased congestion. Mr Perry said he does not believe the property is the best and only option for nursery provision in the area. To agree this application would be to endorse the applicant’s poor judgement rather than ensure that the nursery is sited in a suitable location.
The Committee did not ask Mr Perry any questions.
The applicant’s representative, Mrs Skinner was present and spoke in favour of the application. Mrs Skinner said the nursery was originally located within West St Leonards Primary Academy for twenty years until the requirements of the school changed and the space was no longer available. The nursery wishes to continue providing services to the local community and does not want to relocate to another area. There is a lack of commercial property in the area and that is why this property was settled on. Mrs Skinner said in her experience the majority of families don’t drive to the nursery.
The Committee asked questions of Mrs Skinner.
Councillor Lee, as Ward Councillor, spoke against the application. Councillor Lee said that having spoken to residents there are several problems with the application. The road is dangerous, the property is close to a T junction and the road markings are worn away. The importance of early year’s education is not in doubt; however this application is in the wrong location for a nursery. Acoustic barriers will go some way to mitigate some of the worst of the noise but it will still be very noisy for a great deal of the day for 48 weeks of the year. This will have a significant impact on the people that live directly near the site. Councillor Lee suggested the Committee refuse the application so that the applicants can find a better site for the nursery.
Councillors debated the application.
Councillor Beaver proposed a motion, seconded by Councillor Edwards, to refuse the application under National Planning Policy Framework Paragraph 127 a) and c). The motion was not carried (by 3 for, 5 against, with 1 abstention).
Councillor Scott proposed a motion, seconded by Councillor Cox, to grant the application as set out in the resolution below.
RESOLVED – (by 5 for, 3 against, with 1 abstention) that Full Planning Permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2. The development hereby permitted shall be carried out in accordance with the following approved plans:
1433AH E 001 Existing plans
1433AH SL 001 Site Location and Block Plan
1433AH P 001 V4 Proposed floor plan
1433AH P 004 Existing and Proposed Garden Fence Elevations
3. With the exception of internal works the building works required to carry out the development allowed by this permission must only be carried out within the following times:-
08.00 - 18.00 Monday to Friday
08.00 - 13.00 on Saturdays
No working on Sundays or Public Holidays.
4. The development shall not be occupied until a bin store has been provided in accordance with approved details which shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter be retained for that purpose.
5. The car parking spaces shown on the approved plan shall be provided prior to the occupation of the development hereby permitted and shall thereafter be retained for that use and shall not be used for any purpose other than the parking of vehicles.
6. The development shall not be occupied until a cycle parking area has been provided in accordance with details which have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the area shall thereafter be retained for that use and shall not be used other than for the parking of cycles.
7. A comprehensive Travel Plan shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the use hereby approved. The Travel Plan shall be completed in accordance with the latest guidance and good practice documentation as published by the Department for Transport and/or as advised by the Highway Authority. The approved use shall operate in accordance with the approved Travel Plan.
8. Details of the enclosures, including elevations, of the bin, buggy and bicycle store shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the use hereby approved. The approved enclosures, including elevations, of the bin, buggy and bicycle store, shall be erected prior to the commencement of the use hereby approved.
9. Details of the specification of an acoustic fence shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the use hereby approved.
10. Prior to the commencement of the use hereby approved, an acoustic fence shall be erected in accordance with the specifications required by condition.
9. The acoustic fence shall be erected on both side boundaries of the rear garden in accordance with the plans hereby approved and thereafter retained and maintained. Should the fence be damaged for any reason, it should be replaced within two months from the date the damage occurred.
11. No more than 12 children shall be allowed in the garden at any one time
12. Children shall be allowed in the garden only between the hours of 09:00 – 12:00 hrs and 14:00 – 16:00 hrs Monday to Friday for not more than an aggregate of 4 hours each day.
13. No amplified music or musical instrument shall be played or used outside. Any amplified music or musical instrument played or used inside the premises should not be audible in the outdoor areas.
14. No more than 28 children shall attend the day nursery at any one time, whether in the house or garden (this does not include pick up and drop off where there is likely to be an overlap.
Reasons:
1. This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.
2. For the avoidance of doubt and in the interests of proper planning.
3. To safeguard the amenity of adjoining residents.
4. In order to secure a well planned development.
5. To ensure an adequate level of off-street parking to serve the development and to ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
6. In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development
7. To encourage and promote sustainable transport.
8. To secure a well planned development.
9. In order to protect neighbouring residential amenity.
10. In order to protect neighbouring residential amenity.
11. In order to protect neighbouring residential amenity.
12. In order to protect neighbouring residential amenity.
13. In order to protect neighbouring residential amenity.
14. In order to protect neighbouring residential amenity.
Notes to the Applicant
1. Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraph 38 of the National Planning Policy Framework.
2. Failure to comply with any condition imposed on this permission may result in enforcement action without further warning.
3. The applicant is advised that the painting of white line markings to the front of the site will allay safety concerns regarding waiting vehicles opposite the junction with Fernside Avenue. If the applicant wishes to pursue this then an application for a license should be made to East Sussex County Council.
4. The applicant is advised that a staff member should be present to supervise drop off and collection times to ensure that parent's park sensibly as part of the Travel Plan.
Supporting documents:
- MAP_HS_FA_19_00266_Fernwood Care Home, item 170a PDF 373 KB
- HS-FA-19-00266 Fernwood Care Home, 30 Fern Road, item 170a PDF 212 KB
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