The disputed condition limited the age of children who could attend to between three months and five years and to not more than 60 children. The appellant wished to offer a before school breakfast club and an after school club. No increase in the number of children attending was sought. The inspector noted that neither of the nearby primary schools had the capacity to offer these facilities and the head teachers of both schools had written in support of the proposal.
He found no evidence to show that there would be any increase in the number of vehicle movements as there would be no increase in the number of children. He remarked that the site had a spacious car park, capable of accommodating 25 to 30 cars so there would not be any additional parking in the road. He also remarked that as the children attending the clubs would be from nearby schools many of them would walk. In addition, the nursery would operate a "walking bus" to bring the children to and from the primary schools to minimise the increase in car use.
With regard to noise, the inspector observed that there was a block of flats with balconies only a few metres from the garden and play area. However, the appellants accepted the council’s suggested condition prohibiting the use of the garden by children attending the before and after school clubs. He reasoned that as there was a recreation ground with play equipment adjoining the site it was likely that children would use that. A further condition could require that the clubs operated in a room on the opposite side of the building from the flats and houses.
The inspector concluded overall that the development would provide a valuable service to parents and carers in the area and would not result in an unacceptable increase in noise and disturbance to nearby residents.
Inspector Clive Whitehouse; Written representations
