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Adopted City Plan : 01 August 2003 

City Plan - Part 2 - Development Policies - Section 3 - Residential

 

RES 11 Day Care Nurseries

CONTEXT AND JUSTIFICATION 

 

This policy concerns the provision of day care nurseries either by change of use or new build. It will also be used when considering extensions to, or enlargement of, existing nurseries. It will apply in all parts of the City and should be read in conjunction with policy RES 7: Change of Use of Dwellings.

 

While day care nurseries provide a valuable service for families, they can detract from the amenity of residential or commercial areas because of problems such as noise nuisance, parking and traffic problems caused by, for example, the dropping-off of children. As some nurseries can approach the size of small primary schools, the catering requirements for the children can also generate cooking fumes that can be detrimental to the amenity of neighbouring residents or office workers. This is particularly the case when day care nurseries are proposed for only part of a building or are to be located below the level of nearby properties.

 

There has been increasing interest in the provision of day care nurseries within the City Centre. While the Council wishes to support the social inclusion advantages that nursery provision within the City Centre can bring, the health and well-being of children attending these nurseries is of prime concern. The policy, therefore, aims to strike the correct balance between these two needs.

 

On 1st April 2002, the responsibility for licensing day care nurseries in the City passed to a new Scotland-wide public body - The Scottish Commission for the Regulation of Care (SCRC). Applicants are strongly advised to discuss their proposals at an early stage with the SCRC so that they are aware of the technical requirements of the licensing authority.

 

POLICY

 

1. LOCATION

 

Children inside a nursery can cause significant noise, the impact of which is increased when the children go outside to play. Residential properties that are close to other dwellings, such as flats, terraced or semi-detached houses are therefore, generally unsuitable for day nurseries, although consideration may be given to houses where the owner/manager will be resident and only part of the property will be used as a nursery.

Children are often taken to and from nurseries by car and thoughtless parking by those dropping-off children can result in serious parking problems and traffic congestion in streets with stopping restrictions or bus stops.

(i) Permission is unlikely to be granted for nurseries:

  • close to general, heavy or noxious industry or to noisy commercial uses;
  • located on main roads with stopping restrictions;
  • in flats or mid-terraced properties in residential use;
  • in whole semi-detached or end-terraced properties in residential use; and
  • where it is clear that the nursery would result in parking and traffic congestion

(ii) In all other areas, account will be taken of the cumulative effect of these uses, in conjunction with other non-mainstream residential uses (see Definition), on the character, appearance and amenity of residential neighbourhoods (see policy RES 7: Change of Use of Dwellings).

2. EXTERNAL PLAYSPACE

 

The SCRC is strongly supportive of the principle that day care nurseries should have access to external play space and proposals for nurseries with no access to external play space should expect to encounter difficulties in achieving planning permission and a licence. Even a situation where children could be taken to a local park is viewed as being a sub-optimal solution. For example, the Standards of the SCRC state that "Children….should have regular access to fresh air and energetic physical play…." and "Space, including outdoor play areas is used effectively".

It is essential while acknowledging the desirability, in principle, of such facilities in the City Centre, that any future provision should not lead to a lowering of standards. In any event, the built form in the City Centre, may in many cases, act as a constraint to the provision of such facilities. Notwithstanding the fact that any internal play space proposed within the City Centre locations may be of a high quality, this should not remove the need for a safe and accessible external play space. The Council acknowledges the importance of external play space in supporting the healthy development of children in day care nurseries and sees the following standards as being the most appropriate way to ensure adequate provision.

Where the requirement for external play space cannot be met, any application for a day care nursery is unlikely to be granted planning permission.

Day care nurseries should meet the following criteria:

(i) There should be access to a reasonable area of safe external play space, exclusively for the use of the children and, wherever possible, within the curtilage of the property. A less satisfactory alternative would be a safe play space within reasonable walking distance for young children (approximately 50 - 100 metres) and that can be reached without crossing any major roads. Private communal gardens will not be accepted, as day care nurseries are commercial concerns that would alter the character of these private garden spaces.

(ii) In non-mainsteam residential flatted properties, such as offices, permission will only be granted if the nursery has direct, level access to a safe external play space, exclusively for the use of the children, or access to parkland immediately adjoining the property, with the exception of private residential communal gardens. This will restrict nurseries to the ground and basement floors of flatted properties.

(iii) The play space should be enclosed by a good quality fence or wall. In circumstances where part of a house is proposed as a day care nursery, the external play space should not be divided from the garden of the house. In addition, the play space should have good levels of natural daylight.

 

3. PARKING

(i) New-build nurseries should provide parking in accordance with policy TRANS 4: Vehicle Parking Guidelines (Table 5: section A).

(ii) In changes of use, the need for off-street parking space and/or space for dropping children off will be assessed in individual circumstances. Outside the City Centre, it is likely that staff parking will always be required. In the City Centre, the assessment will take account of existing parking controls and restrictions, the availability of public transport and the level of traffic flow past the day care nursery.

(iii) If off-street parking is required within the curtilage of the day care nursery, on what was formerly garden space, then not less than 50% of the front garden should be retained after the formation of the parking spaces.

(iv) Provision of off-street parking shall not involve the removal of any trees or shrubs that are considered important to the amenity of the area.

4. CATERING

 

Applicants should seek advice from Protective Services (Environmental Health), prior to submission of a planning application, on the most appropriate means of dispersing the cooking fumes from the day care nursery. The type of ventilation arrangements will depend on several factors, e.g. the building in which the use is proposed, the buildings which adjoin, or are in the vicinity of the application site, the topography of the surrounding area, the prevailing wind direction, the volume of cooking and the range of cooking equipment proposed. In cases where a rear ventilation flue is required to vent cooking fumes, then owner notification may require to be served on the owners of the wall on which the flue is to be erected. Applicants will be expected to meet the technical standards within section 2 (a) of policy SC 9: Food and Drink.

5. DESIGN

 

Applications, particularly in the City Centre, often seek to integrate day care nurseries with other uses in the same building. As such, it is necessary to ensure the separation of uses for the security of the children.

Where external play space is to be located at a low level, such as basement wells, there may be a requirement from the licensing authority for netting or roofing to protect the children. Where these are attached to listed buildings, these features should be attached with particular care, and it is likely that listed building consent will be required.

(i) Access, suitable for pushchairs etc, should be directly on to the street and not taken through another use in the same building.

(ii) In property not in mainstream residential use where there are other use(s) in the same building, a clear physical separation of the day care nursery from these other uses will be required.

(iii) Except where it is required to provide access to a basement property, permission will not be granted for the erection of any external staircases.

 

(iv) There must be adequate natural daylight in all the rooms used by the children.

6. PLANNING CONDITIONS THAT MAY BE IMPOSED

Restrictions may be imposed:

  • limiting the use of the property to a day care nursery only;
  • on the hours of opening of the day care nursery;
  • on noise levels;
  • requiring off-street parking spaces for staff and drop-off space for parents;
  • requiring the screening of the external playspace for both visual and safety reasons; and
  • controlling the disposal of cooking fumes.

In some circumstances, such as where the applicant wishes to use part of his/her own home as a nursery, permission may be granted for the sole benefit of the resident owner, who must remain in residence.

LOCAL AREA POLICIES

 

The conversion of property in residential use into non-residential use can alter the character of the property and adversely affect neighbouring residential uses, e.g. by altering the type and pattern of pedestrian and vehicular movement in the vicinity. In conservation areas with a history of non-residential or institutional uses, additional uses would contribute to the erosion of their attractive residential character.

1. The change of use of mainstream dwellings will be strongly resisted in the following Conservation Areas:

 

Crosshill, Dennistoun, Dumbreck, Glasgow West, Millbrae, Park, St Vincent Crescent, Strathbungo and West Pollokshields.

 

2. Newlands Conservation Area:

The total number of Class 8 and 10 institutional uses in converted dwellings will be limited to a maximum of 15 units; and

 

Class 8 and 10 institutional uses will not be permitted in properties that have an elevation or frontage onto Langside Drive.

 

INFORMATION REQUIRED WITH APPLICATIONS

 

As applications will be assessed by the Council, as well as the licensing authority, the following information will be required to be submitted:

  • Full plans of the day care nursery, including the use of all internal spaces and details of all cooking equipment. If a rear ventilation flue is required to vent cooking fumes, this should be shown on both plan and elevation. Owner notification may require to be served on the owners of the wall on which the flue is to be erected;
  • Full details of any parking or drop-off space being provided;
  • The number and likely ages of the children;
  • The days and hours of operation of the day care nursery;
  • The number of staff, both in total, and on duty at any one time; and
  • Full details of the external play space, including boundary treatment and levels, or route to other open space (if appropriate).

DEFINITION

 

NON-MAINSTREAM RESIDENTIAL USE

 

Any use, other than as a mainstream dwelling, including multiple occupancies, institutions and offices, that is made of a property whose original purpose was as a dwelling unit for families or individuals.

 

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last updated: 21 May 2005