Girl died at water park birthday party which did not have the right planning permission
Kyra Hill drowned after getting into difficulty in the water at Liquid Leisure in August 2022.
Newly-released council documents show it did not have permission to be a party venue or children's play centre.
An inquest last month recorded a verdict that the schoolgirl was unlawfully killed.
A new report from the Royal Borough of Windsor and Maidenhead's planning committee has revealed there was also no permission in place for the site to be used as an aqua theme park.
The inquest in Reading found Kyra had been unlawfully killed as a result of gross breaches in health and safety at the park. 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.
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.'
The BBC reported that 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.
The firm withdrew its appeal in September 2022, following the death of Kyra who lived in Croydon with her family.
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 application on Thursday.
The application is to keep water-skiing on the southern lake and to use the northern lake for open water swimming, paddle-boarding and a small aqua park.
A planning officer's report to be considered by the committee said that the new arrangements would 'reduce the scale of activities' and recommends that councillors vote to approve it.
The report states that 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 spokesman said that the current enforcement notice had been partially complied with but was still in place.
The spokesman added: 'The outcome of the current planning application will inform the next steps.'
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