A nursery in Sheffield had planning permission to extend in 2008 but had a condition which restricted the numbers of children to 50.

The applicant has been operating over that number since 2011 following an Ofsted inspection that restricted the number to 86. We provided a detailed breakdown of numbers of children in attendance since 2011 which demonstrated the number were well over 50 – for a period of over 10 years. We argued that the condition no longer met the tests in the NPPF as the condition could no longer be enforced and was therefore neither necessary or reasonable. Officers agreed and the application was approved and the condition removed from the original consent.

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