The Planning Group Ltd were contracted on behalf of Woodbury Day Nursery Limited obtain planning permission regarding a condition on a children’s nursery and to allow some enlargement of the existing nursery premises. The application was for proposed ground and first floor extensions and to change a condition linked to planning permission Ref 08/007378/VC dated 19 August 2008, which limited the number of children that could use the nursery. The original application Ref 13/00424/FUL, dated 15 March 2013, was refused by the Council on 13 May 2013.
The condition in dispute was No5 of 08/00737/VC which stated that: No more than 65 children shall be accommodated on the premises at any one time and the number of children using the outdoor play area at any one time shall be limited to 30 unless the Local Planning Authority agree otherwise.
The reason given for the condition was: To safeguard the residential amenities of adjoining properties and to prevent an over intensive use of the site.
Cases involving nurseries and schools have added constraints as OFSTED regulations, such as freedom of movement of children, also have to be considered alongside normal Consultees and Council opinions. The provision offered by other local competing nurseries should also be addressed and a shortfall in provision in the area factored into any appeal. Noise from children playing outside, especially in built up residential areas must also be considered alongside parking and early and late vehicle movements.
The Planning Group undertook an Appeal (Ref: APP/D1780/A/13/2201355) against Southampton City Council whose reasoning for their refusal was flawed.
The Inspector agreed with the Planning Group Ltd that increasing the number of children catered for at the site would not impact on neighbouring properties nor cause any issues with regards to highway safety.
The Planning Group Ltd also considered that a Costs Application was appropriate in this case as Southampton Council had acted unreasonably and inconsistently by refusing the original application. A partial Costs Order was awarded against Southampton City Council meaning that they had to contribute to the cost of the Appeal.
