Agenda item

Change of use from Class F.2b (Local community hall or meeting place for the principal use of the local community) to Class E (f) (Creche, day nursery or day centre; not including a residential use) at Bullsland Hall, Bullsland Lane, Chorleywood.

Recommendation: that planning permission be refused.

The application was for change of use from Class F2b (Local community hall or meeting place for the principal use of the local community) to Class E(f) (Creche, day nursery or day centre, not including a residential use) at Bullsland Hall, Bullsland Lane, Chorleywood.

The Planning Officer reported that there were no updates.

Committee Members asked questions about the detail of the application which were responded to by officers.  The Committee’s discussions included the following:

·         Bullsland Hall currently had a permitted class use which was unrestricted in terms of its use as a community facility.  Consequently, a number of committee members considered that the application for change of use would not result in levels of noise or disturbance which would exceed those currently permitted.

·         The current permitted use class also did not have any restrictions relating to the use of the outdoor space.  However, officers reported that the outdoor space was small, which may present natural restrictions within the current use class.  Officers’ concerns with regard to the proposed change of use related to an intensification of the use of the outdoor space.

·         Officers confirmed that were the proposed change of use to be approved, the Hall could no longer operate as a community facility.  However, the applicant had advised that in recent years there had been little to no demand for it in that capacity, and alternative provision had been made for any existing community use.  Officers did not object to the loss of the community use.

·         A number of committee members considered that the benefit in terms of the provision of much needed childcare places was important and should be given significant weight. 

·         There were a number of ways in which noise impacts could be mitigated, and additionally, the age range would include babies as well as toddlers.  The harm caused to neighbour amenity arising from children playing outdoors during daytime hours was not considered by committee members to be unacceptable.

·         No fence was proposed as part of the application and depending on certain factors, including its height relative to the highway, suitable fencing may be able to be provided within permitted development.  As a fence did not form part of the application, no condition could be included in relation to it.

·         The existing parking provision of 6 spaces was considered by officers to be acceptable.

·         Some committee members considered that restrictions on the hours of indoor and outdoor use were neither necessary or appropriate given the use class, and that children should not be restricted in the hours in which they could play outside.  Other committee members considered that conditions on hours of use in the event of approval were required in order to mitigate potential noise impacts and safeguard neighbour amenity.  The applicant did not object to restrictions on hours of use.

·         Following debate members agreed that, in the event of approval, conditions would be needed in relation to the time limit for implementation, confirmation of the approved plans, restriction of use to Class E(f), restriction on the number of children, and restriction on the hours of indoor and outdoor use.

Parish Councillor Jon Bishop, the applicant, spoke in favour of the application.

Councillor Lloyd moved, and Councillor Morris seconded, approval of the application subject to conditions relating to: the time limit for implementation; confirmation of the approved plans; restriction of use to Class E(f); restriction on the number of children to 18; restriction on the hours of indoor use to 08:00 to 18:30; and restriction on the hours of outdoor use to 10:00 to 18:30.

Councillor Cooper moved, and Councillor Hearn seconded, an amendment to the motion to remove conditions relating to the hours of operation of indoor and outdoor use.

Following debate, the proposer and seconder of the amendment agreed a revision to include restrictions on the hours of indoor use to 07:00 to 19:00 and the hours of outdoor use to 10:00 to 19:00.

On being put to the vote the amended motion was carried, the voting being 9 in favour, 1 against, 0 abstentions.

RESOLVED: that the application be approved, subject to conditions relating to the time limit for implementation; confirmation of the approved plans; restriction of use to Class E(f); restriction on the number of children to 18; restriction on the hours of indoor use to 07:00 to 19:00; and restriction on the hours of outdoor use to 10:00 to 19:00.