Agenda item - P13-01929PLA - FORESTERS HALL, 44, CHASE SIDE, ENFIELD, EN2 6NF

Agenda item

P13-01929PLA - FORESTERS HALL, 44, CHASE SIDE, ENFIELD, EN2 6NF

RECOMMENDATION:  Refusal

WARD:  Town

Minutes:

NOTED

 

1.     Introduction by the Planning Decisions Manager, confirming the original planning permission (TP/11/1562) and conditions, and the variation (P12-01274PLA), and clarifying the background to this proposal. Comments from Environmental Health included in the report were highlighted. The case was finely weighted, but on balance, the harm to residents’ amenity from the continued use of the garden was considered sufficient to outweigh the merits of the application and the recommendation was for refusal.

2.     Confirmation of an online petition in support of the proposals containing 740 signatures. Advice that detailed analysis of this had not been undertaken to establish where the signatories came from, and that the volume of support for an application was not in itself a material consideration.

3.     A copy of the petition and letters of parental concern had been distributed to Members.

4.     Members had also received a copy of the comments of Mr Gordon Draper of no 46 Chase Side, adjoining the site, and those of Mrs F Hennessy in response to the article in this week’s press.

5.     The deputation of Mrs Kaye Wildman, Director of Nursery on the Green, including the following points:

a.   It was now a statutory requirement of the Early Years Framework that nurseries must provide access to an outdoor play area, or ensure that outdoor activities are planned and taken on a daily basis.

b.   The outdoor play area can be any open space, but there were no facilities in Enfield suitable and safe for crawling babies, and taking children to Chase Green was hazardous because of the need to cross roads and first check the play area is safe before use.

c.   The garden was a stimulating safe haven for children to play, learn and develop physical skills which could have a life long legacy.

d.   Preventing use of the garden would also have a detrimental effect on the nursery children’s emotional wellbeing.

e.   It was confirmed there was no ‘statutory nuisance’ as indicated at para 4.1.3 of the report, but an unfair comparison was made with a baseline of zero when there is background noise when the nursery was not in use.

f.    There was no mention of the impact of the local Chase Side Primary School, which had over 400 pupils and undoubtedly contributed to noise levels in the vicinity, especially at break times.

g.   In March 2011 an application was made by another party to allow for a 48 place day nursery and, although permission was refused, there were no objections raised by Environmental Health to that application.

h.  Residents of 2, 3, 4 and 5 Lambs Walk had signed the same generic letter of complaint, yet their gardens were less than 80 metres from Chase Side school playground.

i.    The area was not wholly residential. There was a large office block adjacent to the nursery.

j.     Foresters Hall was originally built as a meeting hall and there was noise associated with these activities which pre-dated recent residential development, and this area was a vibrant urban community. Therefore there is no loss of amenity to residents.

k.   Environmental Health had only visited the site on four occasions since August 2012 and it appeared that complaints were only made following submission of this application. CCTV recordings had been offered to Environmental Health so they had something tangible to measure, but this offer had not been taken up.

l.    The right to play was enshrined in Article 31 of the UN Convention on the Rights of the Child.

6.     Debate and questions from Members, including the following:

a.   Confirmation that the application under consideration was for permanent permission for use of the rear outdoor play area as in condition 9. No alternative arrangements had been put forward by the applicant for example a smaller number of children outside at a given time.

b.   The advice of the School Organisation & Development Officer in respect of Ofsted and requirements regarding access to play space was received that play space is a requirement but it does not have to be onsite provision.

c.   The advice of the Principal Officer Health Safety & Pollution, who had visited the complainants, confirming that the majority of the noise was from the nursery children playing and there was noise attributable to the staff also. Noise was audible in the neighbouring residential properties with the windows closed. The complainants lived very close to the nursery, which was quite clearly the source of the noise. Environmental Health had received some complaints in February / March 2013 but a visit had not been requested at that time. Officers were asked to make a visit when the weather got better and children were out more.

d.   Members’ expressions of sympathy to neighbouring residents and to the nursery operation and children’s needs, their concerns in respect of the officers’ recommendation and discussions regarding a pragmatic way forward with some appropriate compromise.

7.     A proposal for a six month extension to current planning permission with all existing conditions, within which time the applicant could consider revisions to the proposals, which may be applied for a limited period for assessment before further consideration by Planning Committee.

8.     The unanimous vote of the Committee not to agree the officers’ recommendation of refusal for the variation of condition 9 of planning permission reference TP/11/1562.

9.     The unanimous support of the Committee for the proposal discussed.

10.  Officers advised to engage with the applicant with a view to establishing what measures may be put in place to mitigate the noise impact on adjoining residents. The applicant to implement any agreed measures and submit a new application after the six month period, to include the measures to be employed/adopted, and any new application to be reported back to Committee. Complaints to be monitored throughout.

 

AGREED that planning permission be granted for the continued use of the garden in accordance with the previous limitation on hours of use and numbers of children for a further period of six months.

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