Agenda item

8.1

Following a decision of the Committee to approve an application for planning permission in respect of allowing amplified music within the building, subject to the findings of an acoustic report, at Mylnhurst Preparatory School and Nursery at Button Hill (Case No. 12/01891/FUL) (Item 7.1 of these minutes), consideration was given to a report of the Director of Development Services on his investigation into complaints received in respect of perceived breaches of planning control, in relation to the use and construction of the school sports hall/swimming pool at Mylnhurst Preparatory School and Nursery.  The report outlined the issues which related to the use of the swimming pool/gymnasium, the approved landscaping scheme and the omission of solar panels from the building roof.  Members noted that, as detailed above, the issue relating to the playing of amplified music had already been considered,

8.2

It was stated that residents living near to the School were invited to give their comments on the matters raised and the responses received were outlined. An officer assessment of the remaining perceived breaches of control was also detailed, along with consideration being given to the enforcement options that could be introduced, to require compliance with the planning permission Case No 04/04689/FUL.

8.3

The Committee heard representations from a representative of the community in connection with the Planning Application Case No. 12/01891/FUL and which also related to the enforcement proposals detailed in the report now submitted.  In summary, the representations related to the noise nuisance out of school hours experienced by residents and the impact this had on their quality of life, and a request was made that Condition 8 in respect of planning permission Case No. 04/04689/FUL be enforced and that a restriction of use be put on the sports building at the weekend.

8.4

RESOLVED: That (a) in respect of the use of the swimming pool/gymnasium building, it be noted that no material change of use had occurred and accordingly no further action be taken on respect of this matter;

(b) with regard to a decision of the Committee to approve an application for planning permission for Mylnhurst Preparatory School and Nursery in respect of allowing amplified music within the building subject to the findings of an acoustic report (Case No. 12/01891/FUL) (Item 7.1 of these minutes), no further action be taken in respect of the breach of Condition 8 (amplified sound) with regard to planning permission Case No. 04/04689/FUL;

(c) in respect of Condition 3 (landscaping), it be noted that the School was actively working towards the implementation of a revised landscape scheme, and accordingly no further action be taken at this stage, but in the event that the Head of Planning was not satisfied sufficient progress is being made towards this implementation, the Director of Development Services and Head of Planning be authorised to take any appropriate action including, if necessary, the service of enforcement notices and the instigation of legal proceedings to secure compliance with the Condition 3;

(d) in respect of the omission of solar panels from the roof of the swimming pool/gymnasium building, it be noted that this did not constitute a breach of planning control and accordingly no further action be taken on this matter; and

(e) delegated authority be given to the Head of Planning, in consultation with the Chair (Councillor Alan Law); to vary the action authorised to achieve the objectives hereby confirmed including taking action to resolve any associated breaches of planning control.