A water park where an 11-year-old girl drowned during a birthday party did not have planning permission to be used as a party venue or child’s play centre, council documents show.
Kyra Hill got into difficulty in a designated swimming area at Liquid Leisure near Datchet, Berkshire, in August 2022.
A new report from the Royal Borough of Windsor and Maidenhead’s planning committee shows there was also no permission in place for the site to be used as an aqua theme park.
An inquest last month found Kyra had been unlawfully killed as a result of gross breaches in health and safety at the park.
Liquid Leisure has not responded to a request for comment.
The water park was also fined £80,000 in June last year for health and safety failures.
Liquid Leisure was originally granted planning permission to be used for water-skiing and wind surfing in 1988.
But a planning enforcement notice issued to the company in December 2020 accused it of several planning breaches.
It said these included the “material change of use of the land” to a “mixed use” comprising an “aqua theme park”, “caravan and camping site”, “party venue” and “child’s play centre”.
Liquid Leisure appealed to the government’s Planning Inspectorate in February 2021 to overturn the enforcement notice, arguing that many of the activities were covered by the permitted use and that the council’s theme park description was inaccurate.
However it withdrew its appeal in September 2022 following Kyra’s death.
The council also issued Liquid Leisure a breach of condition notice in October 2021, concerning breaches in its original planning permission restricting the erection of buildings and extensions.
An application for retrospective planning permission for elements of the water park was submitted in February 2024.
The council’s development management committee will consider this on Thursday.
The application wants to keep water-skiing on the southern lake, and to use the northern lake for open water swimming, paddleboarding, and a small aqua park.
A planning officer’s report says this will “reduce the scale of activities” and recommends that councillors vote to approve it.
The report says it will “not cause issues relating to public safety provided the correct precautions are carried out in the operation of the site as required by health and safety legislation”.
A council spokesperson said the current enforcement notice had been “partially complied with” but was still in place.
They added: “The outcome of the current planning application will inform the next steps.”
