Key Points
- Bolton Council has initiated an enforcement investigation after a nursery building changed ownership, raising concerns over planning permission and use.
- The investigation follows reports that the new owners may have altered the building’s use or structure without securing the necessary planning approvals.
- Planning enforcement is a complex and lengthy process, as noted by Bolton Council, and not all concerns fall under planning legislation.
- The council’s actions are part of a broader effort to ensure compliance with local and national planning regulations, particularly in cases involving educational and childcare facilities.
- New government powers, effective since April 2024, have strengthened councils’ ability to act against unauthorised developments, including issuing unlimited fines and extending enforcement periods.
- The case has attracted attention from local media, with coverage highlighting both the council’s responsibilities and the impact on the local community.
- Guidance from the Department for Education outlines the process and requirements for making significant changes to nursery provision, including changes of ownership or use.
- The outcome of the investigation could set a precedent for future cases involving nursery buildings and planning enforcement.
- No formal statements have yet been made by the new owners of the nursery building.
- The investigation is ongoing, and Bolton Council has stated that resolution may take considerable time due to the complexity of planning law.
Bolton Council has launched an enforcement investigation after a nursery building changed hands, sparking questions over planning permission and the lawful use of the premises. The move comes amid heightened scrutiny of compliance with planning regulations in the education and childcare sector, following recent changes in government policy and increased public interest in the quality and oversight of local nursery provision.
What Prompted Bolton Council’s Enforcement Investigation?
As reported by the BBC News team, Bolton Council initiated the enforcement investigation after receiving reports that the nursery building, recently transferred to new ownership, may have undergone alterations or changes of use without the appropriate planning permissions. According to Bolton Council’s official guidance, such investigations are triggered when there is suspicion that building works or a change of use has taken place in breach of planning control.
The council’s planning enforcement team is responsible for ensuring that all developments comply with the Town and Country Planning Act. In a statement attributed to Bolton Council’s planning department and cited by the council’s own website, it was noted:
“We investigate reports about building works or change of use taking place without the necessary planning permission or in breach of an existing permission. Please note this is a complex area of work and investigations or resolution can take a lengthy amount of time to complete”.
How Does the Planning Enforcement Process Work?
Bolton Council’s approach to planning enforcement is guided by national legislation and local policy. As outlined on the council’s planning enforcement page, not all concerns raised by residents or stakeholders are controllable under planning legislation, but the council is obliged to investigate credible reports of unauthorised development.
The process typically involves:
- Assessing the validity of the complaint.
- Inspecting the site in question.
- Determining whether a breach of planning control has occurred.
- Deciding on the appropriate course of action, which may include issuing enforcement notices or seeking retrospective planning permission.
The council emphasises that
“resolution can take a lengthy amount of time to complete,”
reflecting the complexity and potential legal challenges involved in such cases.
What Are the New Government Powers on Planning Enforcement?
According to a government press release, new enforcement powers came into effect in April 2024 as part of the Levelling-up and Regeneration Act. These powers give councils, including Bolton, greater tools to hold developers and property owners to account for unauthorised works.
As reported by the Department for Levelling Up, Housing and Communities, the measures include:
- Increasing enforcement limits from four to ten years, allowing more time to address unauthorised developments.
- Introducing unlimited fines for those who fail to comply with planning permission.
- Doubling the length of temporary stop notices to 56 days, enabling councils to halt works while investigations are ongoing.
- Strengthening the Planning Inspectorate’s ability to dismiss appeals from developers seeking to delay enforcement action.
Minister for Housing and Planning, Lee Rowley, stated:
“Today marks another important step forward in our mission to deliver a faster and less bureaucratic planning system, making sure councils have greater powers at their disposal to take robust action against developers who do not play by the rules”.
What Are the Rules for Changing Nursery Ownership or Use?
As outlined in Department for Education guidance, schools and nurseries seeking to make significant changes—such as expanding physical capacity, altering the age range, or changing ownership—must submit plans and justifications to the relevant authorities. The guidance specifies that:
- Maintained schools no longer need to follow the statutory process when changing the age range to add or remove a nursery, but should consult the prescribed alterations guidance.
- Academies applying for capital grants must consolidate their application for approval to make significant changes with the capital bidding process.
- All schools must ensure compliance with local authority and Department for Education requirements when making changes to nursery provision.
This framework is designed to ensure that changes to nursery provision are subject to proper oversight and that the interests of children, parents, and the wider community are protected.
How Has the Community Responded?
Local media coverage, including reports by the BBC and Bolton News, has highlighted concerns among parents and residents about the impact of the investigation on childcare provision in the area. While no formal statements have been made by the new owners of the nursery building, some community members have expressed anxiety about potential disruption to services.
Bolton Council has reassured the public that the investigation is being conducted in line with established procedures and that any enforcement action will be taken with due regard to the needs of children and families in the borough.
What Could Be the Outcome of the Investigation?
The outcome of Bolton Council’s enforcement investigation remains uncertain, as the process can be protracted and may involve legal proceedings. Possible outcomes include:
- No further action if no breach is found.
- Retrospective planning permission being granted.
- Enforcement notices requiring the reversal of unauthorised works or cessation of unauthorised use.
- Prosecution or fines if the breach is not remedied.
The case is being closely watched as a potential test of the new enforcement powers available to councils and may set a precedent for future cases involving nursery buildings and planning control.
What Are the Wider Implications for Nursery Provision?
The investigation comes at a time of increased scrutiny of the childcare sector, with recent reports highlighting concerns over standards and regulatory compliance in nurseries across the UK. The government’s ongoing reforms to planning and childcare regulation are intended to strengthen oversight and ensure high-quality provision for all children.
As noted in a recent BBC investigation, issues such as unauthorised changes of use, inadequate staffing, and breaches of safety regulations have been identified in some nurseries, underscoring the importance of robust enforcement mechanisms.
What Happens Next?
Bolton Council has stated that the enforcement investigation is ongoing and that updates will be provided as the situation develops. The council encourages anyone with information or concerns about the nursery building to contact the planning enforcement team.
In the meantime, parents and staff are advised to continue as normal while the investigation proceeds. The council has pledged to act transparently and in accordance with the law, balancing the need for enforcement with the welfare of local families.