Day nursery's planning victory

A CHILDREN’S nursery owner has won a planning battle with Warrington Borough Council over his proposal to extend his building and provide accommodation for and extra six children and two additional members of staff.
Independent planning inspector Siobhan Watson has overturned the council’s decision to refuse planning permission for a single storey extension to Heathfield House, in Delenty Drive, Birchwood.
The appeal led to claims for costs against each other from the council and the appellant, Gary Kirkwood, but the inspector has rejected both claims on the grounds that neither side was guilty of unreasonable behaviour resulting in unnecessary or wasted expense.
Her decision means the nursery will be able to increase the number of children attending to 44 and the number of staff to 13.
Town Hall planners turned down the proposal in September last year on highway safety grounds, with particular reference to parking.
The council argued that overflow parking in the street would cause problems. But the inspector pointed out that there were double yellow lines outside the nursery in Delenty Drive, so any parking would be illegal and a matter for enforcement.
She also noted that much of nearby Nelson Road was not subject to parking control to it was unlikely that many parents would choose to risk parking illegally when there were no parking restrictions so close at hand.
Neighbours had also complained that an increase in the number of children would have an effect on their living conditions, but the inspector said the increase in numbers of small and she did not consider any harm would occur.
Heathfield House is around 200 years old and a locally listed building. But an outbuilding which would have to be demolished to make way for the extension did not have statutory protection and there was no evidence that it should be retained.