Agenda item

To consider an application for  the variation of Condition 2 of planning permission 45/2010/0171/PF to read no more than 43 children shall be accommodated at the Children's day nursery at any one time at Early Learners Day nursery, 13 Dyserth Road, Rhyl (copy attached).

At this juncture Councillor Ellie Chard left the meeting as she had declared a personal and prejudicial interest in the agenda item.

An application was submitted for a Variation of Condition 2 of planning permission 45/2010/0171/PF to read no more than 43 children shall be accommodated at the Children's day nursery at any one time at Early Learners Day Nursery, 13 Dyserth Road, Rhyl.

Local Member Councillor Pete Prendergast informed members the nursery had been in place for over 40 years before that it had been a small grocery shop. Previous restriction on the number of children attending the nursery had been implemented mainly due to concerns raised around traffic at the site. He informed members that, to date, there had only been one recorded accident, which happened outside of the nursery’s operating hours.

The local member thanked officers for monitoring the traffic at the site to obtain findings for members. He stated that a large number of users of the nursery walked to the premises and the highest amount of cars at the site observed had been two. Councillor Diane King echoed the thoughts of Councillor Prendergast.

Councillor Pete Prendergast proposed to grant the application in accordance with officer recommendations.

The Chair confirmed a site visit had taken place. Details of who had been in attendance had been provided. It was noted that Councillor Pete Prendergast had been in attendance representing the Labour group.

Councillor Peter Scott informed members he had attended the site visit and was happy to support the Local members and support the application.

Members asked for clarification if the building had been extended or altered to accommodate the application for extra provisions at the site. Councillor Peter Prendergast stated the first floor of the site had been expanded to be used as facilities for the nursery, meaning the whole site would be used for the nursery provision if agreed by the Committee.

The Development Control Manager (DCM) confirmed the building had been physically extended previously. He confirmed the use of the site had planning permission to be used as a day nursery both on the ground floor and first floor. This application would allow the applicant to expand the facilities to the first floor, no proposal to physically change the building had been included in the application. 

Members raised concerns that on occasion minor incidents had happened at the site but may not have been reported. It was asked if traffic officers had been in attendance to observe at the busier times such as first thing in the morning and later in the day. The Senior Engineer- Highways Development Control confirmed the case officer had attended the site at drop off times and pick up times. He confirmed no issues had been witnessed. He stressed there had been no reported incidents at the site in over 12 years. In his opinion there was no clear evidence to refuse on highway grounds.

Members heard from the DCM the physical space in a building for the number of children to be accommodated in a childcare facility was included in separate guidance and legislation. It fell under the Care Standards Inspectorate for Wales  who would ensure there was enough space for the additional children. Members thought the CSIW would have completed full investigations on the space and numbers to accept the application. Officers confirmed the CSIW were content with the proposal.

Proposal – Councillor Pete Prendergast proposed that the application be granted in accordance with officer recommendation with the inclusion of a note to the applicant, seconded by Councillor Peter Scott.

VOTE:

FOR – (9 votes cast in the Chamber, 4 votes cast via Zoom) - 13

AGAINST – 3

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed in the report.