Nursery outdoor play at 231 - 233 Main Road, Southbourne, Emsworth

What was proposed

The application sought longer outdoor play hours, from 9am to 5pm, and an increase from 10 to 35 children outside.

“Condition 4 of 96/01846/COU states that outdoor play activities shall not take place except between the hours of 10 a.m. and 3 p.m. and the maximum number of children engaged in such activities shall not exceed ten.”

“This application seeks permission to vary the times children are allowed to play in the outdoor garden area from 10am - 3pm to 9am - 5pm and increase the maximum number of children from 10 to 35 that can play outdoors.”

Officer report

The site and surroundings

The established day nursery has a rear play area beside residential properties, including homes directly north of it.

“The site is a children’s day nursery within an area of residential and commercial properties. The day nursery operates Monday to Friday and caters for children aged between 0 - 8 years.”

“The site forms an L shape and comprises of a car park to the front and a play area to the rear. Residential properties border the play area to the north.”

Officer report

Why officers supported it

Officers considered that the acoustic fence, relocated noise sources and enforceable noise management plan would manage impacts without significantly increasing current outdoor noise.

“A Revised Noise Assessment has been submitted that has assessed the noise generated based on the current (unauthorised) levels of activity at the nursery. It then proposes noise mitigation measures. The proposed noise mitigation is to erect a noise barrier in the form of a timber acoustic fence along the rear boundary, to relocate some identified noise sources and for the adoption of a robust noise management plan.”

“The acoustic fence is not a complete solution and so additional noise mitigation measures have also been proposed. Further actions include relocating a toybox in the garden area away from the boundary, and other static noise sources will be reviewed and relocated if possible.”

Officer report

What consultees said

The parish council objected over noise mitigation and the scale of outdoor activity, while environmental protection raised no objection subject to conditions.

“Comments 28th April Objection o Members believe that the two requests should be considered separately o No objection to the erection of the replacement fence however this does not support the increase in number of children or to extend the hours allowed in the outdoor space o The fence does not fully address concerns regarding noise and impact on the community o The extension of hours would cause a more significant negative impact on the community o The proposed number of…”

“No objection with suggested conditions o This department has been involved in the investigation of a noise complaint for several years o The nursery was found to be causing a Statutory Nuisance and a noise abatement notice served, which remains in place o This application has taken on board the comments provided by this department previously o There is no nationally agreed standard for the assessment of noise impact from nurseries o We are satisfied that the noise assessment…”

Officer report

Who spoke

The committee heard from the Southbourne Parish Council representative and the applicant’s agent, with environmental health also present.

The committee’s discussion

Members discussed noise levels, supervision, mitigation, verification testing and the withdrawal of an objection from the most affected property.

“As officers believed the level of proposed noise mitigation appropriate, Cllr Burkhart (having sought advice on wording) proposed that at the end of Condition 2 some wording be added to secure a verification process where noise levels would be tested once mitigation was in situ and if any amendments were needed to the noise mitigation they would then subsequently follow.”

Minutes

The vote

The committee rejected a proposed additional verification process but then agreed the officer recommendation to permit.

“Following a vote by show of hands, the report recommendation to permit, was agreed.”

Minutes

The decision

Permission was granted subject to the report’s conditions and informatives, including an amendment to Condition 1.

“Resolved; permit, subject to the conditions and informatives set out in the report. Including the amendment to Condition 1.”

Minutes