Councillors 'reluctantly' agree to new planning permissions for Datchet water park

Councillors have approved new planning permissions for the Datchet water park where Kyra Hill drowned during a birthday party in 2022.

An inquest last month found the 11-year-old had been unlawfully killed because of gross breaches in health and safety at Liquid Leisure on Horton Road.

Although the company had permissions for water skiing and windsurfing, a planning enforcement notice was issued by the council in December 2020, accusing it of breaches.

This was due to the site being materially changed into a ‘mixed use’ site including an ‘aqua theme park’, ‘caravan and camping site’, ‘party venue’ and ‘child’s play centre’.

The company lodged an enforcement notice appeal, which was subsequently withdrawn in 2022 following Kyra Hill’s death.

The Windsor and Ascot development management committee met on Thursday to debate the latest retrospective planning application for the site submitted in February 2024.

The plans sought to ‘remedy the breaches’ by reducing water-based activities and ‘cease the use of the land as an aqua theme park’.

Registered speaker Councillor Ewan Larcombe (NFPP, Datchet, Horton and Wraysbury) recalled the original planning application received ‘decades ago’ as the ‘thin edge of the wedge’ because activities onsite ‘expanded significantly’ thereafter.

He criticised the ‘gravel pit’ and said he had no confidence in the ‘ability or willingness’ of management to comply with permissions and therefore saw ‘no justification’ for approval.

“In practice, Liquid Leisure has failed to follow the rules for decades,” he told the meeting.

“This is a cultural shortcoming, but not unique to Liquid Leisure.

“Does it need a sign outside the gate that says Kyra Hill was unlawfully killed here?

“This RBWM committee simply needs to demonstrate that it has learned.”

Shortly after, planning officers reminded the committee that the planning system is ‘applicant blind’ and the applicant is not necessarily the operator.

Officers said they understood the applicant is the freehold owner of the site, and Liquid Leisure's lease could expire in February 2026.

Officer Adrien Waite added: “We can't base things on things that people may perceive were failings of the previous operator.

“There is always an inherent risk with any activity associated with water.

“We don't think, as officers, there's anything intrinsically more dangerous about this site than any other, so long as it has the right health and safety provisions in place and is operated properly.”

Meeting chair Councillor Neil Knowles (OWRA, Old Windsor) thought the applicant was ‘incredibly thick-skinned’ to put forward the application, but acknowledged it was probably delayed by legal proceedings.

“It's in the green belt, it's less harm than building a block of flats on it, that's for sure. When you look at it plainly, it's a well-loved activity, the water skiing,” he added.

Councillor Devon Davies (Lib Dem, Eton and Castle) agreed with Councillor Knowles about 'reluctantly' accepting officers' recommendations for approval. 

In the current application, the northern lake will be used for open-water swimming, paddleboarding, and a small aqua park, while water skiing is permitted on the southern lake.

Many structures have been removed, including the party buses, the ninja warrior aqua park, high ropes, beach huts and the caravan and camping site.

The cafe extension will be demolished, and the former boat house, used for children’s soft play and a cafe, will now comprise a reception and storage for hire and maintenance equipment.

Councillor David Buckley (Reform UK, Datchet, Horton and Wraysbury) said he sympathised with the planning team and questioned how future planning conditions could be enforced.

“What will stop them from doing what they did before as an operator by doing exactly what they want, when they want?" he added.

“I think it's been proven that once [planning conditions are] out of control, it becomes very, very dangerous.”

Officers said the requirements of the enforcement notice had been on hold while being dealt with by the planning inspector, and the water park was fined £80,000 for its failures last year.

They also said the ‘extant’ enforcement notice meant prosecution could potentially be reached sooner for any future breaches, which is a ‘better position if things went wrong again’.

Councillor Karen Davies (Lib Dem, Clewer East) said it was 'quite hard to know where to draw the line’ between health and safety legislation and material planning considerations.

Although not required of the applicant, she was also ‘disappointed’ they were not registered to speak at the meeting, and Councillor Julian Tisi (Lib Dem, Eton and Castle) later concurred.

Councillor Tisi proposed to reject the proposal on safety grounds, raising concerns that the depth and visibility of the water was ‘something that hasn’t been dealt with’.

“It just seems to me that we have a long, long history of the owners ignoring the rules and an attitude of don't care, even after this happened,” he said.

No councillors seconded his motion.

Councillor Mark Wilson (Lib Dem, Eton and Castle) proposed to approve officers' recommendations and was seconded by Councillor Buckley.

A condition was added, and worded later, that the site won’t open to the public until a full health and safety inspection is passed and a letter is submitted about concerns over the water visibility in the lake.

Six councillors voted in favour of the motion, and Councillor Tisi voted against.