Planning inspector Sue Bell, who assessed an appeal against the Château Vermont application approval, said although the plans would not lead to any physical works, the operation of the nursery would raise the frequency of visits to the green zone site on Mont Sohier.
The site is currently used as an events venue and music school.
Environment Minister John Young has now accepted her recommendation that the application – which includes a forest school – should be refused.
The plans received the then planning committee’s blessing in February last year, with all but Constable Deirdre Mezbourian and Deputy Kirsten Morel speaking in favour of it.
But following the decision, Hélier and Juliet Lucas, which live near Chateau Vermont, launched an appeal on multiple grounds – claiming it would lead to an increase in traffic in the area which could cause danger to road users. They also claimed it would have a harmful impact on the character of the green zone area.
The planning inspector found that although the proposed day-care centre had several merits its operation would be incompatible with the surrounding area.
‘The proposed scheme has much to recommend it. It would see the re-use of an existing building and protect employment land. The site has ample parking to accommodate the proposals. Effects on traffic and neighbouring amenity are considered to satisfy the required tests established by the relevant policies of the adopted Island Plan [planning policy],’ she said.
‘The proposed use of the nursery would complement and have synergy with the existing use as a music school. Provision of nursery accommodation is in accord with government policy for children and the proposed setting provides many benefits for the establishment of a “forest school”. The value of such approaches to child development, education and health are not disputed.’
She added: ‘While the proposals, as stated, do not involve any physical works, I conclude that the proposed commercial activity would lead to an increase in the intensity of use in terms of numbers and frequency of visits, sufficient to represent a material change in use of the woodland.’
She also found that there had been no surveys or assessments into the presence of protected species or their habitats and the effect the proposed development could have on them.
