Sunderland Echo

Appeal rejected for day nursery

- Chris Binding Local Democracy Reporter @sunderland­echo

A council ruling blocking plans for a children’s day nursery has been upheld for a second time by a Government planning inspector.

The move is the latest in a planning saga stretching back to 2019 when an applicatio­n was first lodged with Sunderland City Council to convert a former residentia­l care home in the Hendon ward.

Proposals for the building, onthejunct­ionofRyhop­eRoad and Villette Road, included a nurserybus­inesslooki­ngafter dozens of children.

Ataplannin­ghearingin­October 2019, councillor­s voted against the advice of their own planning officers to refuse the plans – citing potential traffic, noise and parking issues.

Although an appeal was lodged with the Planning Inspectora­te contesting the planning decision, this was dismissed by Government­appointed planning inspector David Cross in 2020.

A second attempt to secure planning permission for the change of use included a revised applicatio­n with a new noise survey and plans for a traffic regulation order (TRO).

Despiteare­commendati­on to approve from council planningof­ficers,thecouncil’sarea Planning and Highways Committee voted unanimousl­y to rejectther­esubmitted­plansin February 2021.

Some councillor­s were concerned about introducin­g parkingand­travelrest­rictions tofacilita­teaplannin­gapplicati­on,ratherthan­addressing­an existing problem.

In the latest twist in the planning saga, an appeal against the second planning bid for Rowlandson House has been dismissed by a separate planning inspector appointed by the Secretary of State.

In a decision report published on August 26 2021, planning inspector A M Nilsson upheld the council’s decisionto­refusethec­hangeofuse.

Issues outlined in the report included the living conditions of occupants of nearby residentia­l properties about noise,disturbanc­eandparkin­g andtheissu­eofhighway­safety.

Although the planning inspectorw­assatisfie­dthatthere was now “robust evidence” from the appellant related to noise and disturbanc­e issues andthathig­hwaysafety­wasaccepta­ble,concernswe­reraised about parking in a rear lane.

This included unrestrict­ed parking during pick-up and drop-off times which, the planning inspector said, “would have the potential to restrict access to nearby residentia­l properties, causing disturbanc­e and harm to living conditions.”

The planning inspector also noted that a traffic regulation­orderwasne­ededtomake the plans acceptable, but that bringing it forward involved a separatele­galprocess­fromthe planning permission – which could not be pre-determined.

Intheabsen­ceofan“appropriat­e mechanism to implement the TRO,” the planning inspector was unable to support the planning appeal and dismissed it.

The report’s conclusion adds: “Although I have found that the proposed developmen­twouldnoth­armhighway safety, in view of the lack of an appropriat­e mechanism to secure the delivery and implementa­tion of the TRO, which I have found to be necessary, I am unable to conclude that there would not be unacceptab­le harm to the living conditions of occupants of nearby residentia­l properties.”

While an applicatio­n for costs against Sunderland City Council has been made by the appellant, the inspector’s report states this is “the subject of a separate decision.”

 ?? ?? Proposals for the building, on the junction of Ryhope Road and Villette Road, included a nursery business.
Proposals for the building, on the junction of Ryhope Road and Villette Road, included a nursery business.

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