Agenda item

Prior to consideration of this application, the following persons addressed the Committee in accordance with Public Speaking Procedure Rules 3(b):

·         Ms Kathleen Paulson (to object);

·         Mr Malcolm Aish (Chairman of Ockham Parish Council) (to object) and;

·         Ms Abby Auty (In Support)

The Committee considered the above-mentioned full application for variation of condition 3 of planning permission 11/P/01496, approved on 28/09/2011, to allow 81 pupils and 21 staff per day (instead of the approved number of users – 54 pupils and 16 staff).

The Committee noted the supplementary late sheets which highlighted a typo in the committee report incorrectly stating that the existing number of pupils was 50, the correct number was 54.  The application site was located in the Green Belt and was comprised of a day nursery which was originally used as stables arranged around a stable yard at Pound Farm, accessed off Old Lane.  The farmhouse and timber barn were listed buildings within Pound Farm. 

The Committee noted that the use of the site as a nursery was well established.  The primary reason for the original condition, now proposed to be varied, was to ensure that the intensity of the use did not increase vehicle movements to and from the site to an unsustainable level.  The number of restrictions on the original application was simply put on as a condition because they were the numbers given by the applicant at the time.  The County Highway Authority had raised no objection to the proposed variation to condition 3.  The increase in the number of pupils from 54 to 81 would result in 27 additional trips to the site, 17 of which would be travelling from within the local area and 10 trips predicted from outside the local area.  The County Highway Authority considered that the proposed development would not result in any severe impacts on road network.  Adequate parking was provided onsite for visitors and staff and on that basis the application was recommended for approval.

The Committee received advice from its Planning Lawyer who wished to comment on an allegation made by one of the public speakers that the application was outside of the Council’s legal powers.  The Committee noted that the Council was fully within its legal powers to consider the application, as it fell within Section 73 of the Town and Country Planning Act which case law supported, such as Finney v Welsh Ministers 2019.  In addition, there was also an allegation that by granting this application the Council would be in breach of its duty of care.  Case law stated that when granting or considering planning applications, local authorities did not have a duty of care due to planning policy reasons (Cases cited were Strable c Dartford Borough Council and case involving Sevenoaks Borough Council 1978).

The Committee discussed the application and agreed that the nursery was a much needed and essential community asset, valued by many residents.   The Committee was satisfied that the County Highway Authority had considered the increase in vehicle movements to and from the site as acceptable which would not result in any severe impact on the road network.  The Committee queried who owned the land on which the visitors and staff parked associated with the nursery.  The planning officer confirmed that part of the site was under separate ownership but was not a planning issue and was clearly used for the purposes of parking at the nursery.  In addition, no objection had been raised by Environmental Health in relation to any concerns about additional noise generated by the site.

A motion was moved and seconded to approve the application which was carried.

In conclusion, having taken account of the representations received in relation to this application, the Committee

RESOLVED to approve application 20/P/01830 subject to the conditions and reasons as detailed in the report.