Agenda item

Proposal: Proposed change of use from Class C3 (dwellinghouse) to Class C2 (residential care home)

Location: The Croft, 65 Main Street, Woolsthorpe By Belvoir, NG32 1LX

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions

Proposal:Proposed change of use from Class C3 (dwellinghouse) to Class C2 (residential care home)

Location: The Croft, 65 Main Street, Woolsthorpe By Belvoir, NG32 1LX

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions

 

Noting comments in the public speaking session by:

 

District Ward Counciilor           Cllr Robert Leadenham (statement to read out)

 

Together with:

 

·       Provisions within South Kesteven Local Plan 2011-2016, Design Guidelines for Rutland and South Kesteven Supplementary Planning Document, National Planning Policy Framework (NPPF).

·       Comments received from SKDC Conservation Officer.

·       Comments received from Lincolnshire County Council Highways.

·       Comments received from Environmental Protection.

·       Comments received from Melton Borough Council.

·       No comments received from Crime Prevention Officer.

·       Comments received from Derbyshire County Council.

·       Comments received from Woolsthorpe By Belvoir Parish Council.

 

During questions to Officers and debate, Members commented on:

 

·       Clarification was sought around the number of children and carers that would occupy the property and what their needs were.

 

The proposal sought to allow up to 3 children between the ages of 7-17 years old to live at the home, each child would have a one-on-one carer. It was clarified that the children residing in the home may have emotional and behavioural issues but not physical disabilities.

 

·       The character of the area was discussed. Concern was raised that there would be several children homes in a small village.

·       Complaints and fear of crime from local residents. However, Lincolnshire Police had not objected to the proposal.

 

The Development Management Planner noted that the property was set back from the roads in terms of character of the area. In terms of harm, the Committee would need to assess the use of the property and whether it would be characteristically different to its current use as a family dwelling. 

 

The Council’s Neighbourhoods Team had been consulted on whether any anti-social behaviour reports had been received from existing care homes within Belvoir. The Neighbourhoods Team confirmed there had been no reports of anti-social behaviour, however, reports had been received from Melton Borough Council and the Ward Councillor.

 

·       Parking arrangements for the site were discussed.

 

The current parking area on site was not included within the proposal. However, the driveway to access parking would be created within the application site.

 

·       The local need was raised in terms of local children and local employment.

 

The local need for children in the area had not been submitted as part of the application. There was a need for this type of housing within the Written Ministerial Statement nationally.

 

In terms of local employment, carers from the home would be relocated from the old home to the proposed home in Belvoir. Therefore, the application would not provide employment to local people.

 

(Councillor Tim Harrison left the meeting at 16:25).

 

·       The number and concentration of children’s homes within the area was emphasised.

·       Concern was raised of the relocation of the children’s home and whether this was due to additional concerns.

 

The Development Management Planner reminded the Committee that in terms of the concentration of children’s homes in the villiage, they would need to consider the impacts relating to the use and if the proposal would impact the character appearance of the area and how.

 

The relocating would be at the responsibility of management of the home. The plan suggested that the relocation to the proposed area could benefit the children.

 

(It was proposed, seconded and AGREED to extend the meeting until 17:00, as the meeting duration had exceeded 3 hours).

 

·       It was queried whether the children’s homes were owned by the same company and why this particular home wanted to relocate.

 

The Development Management Planner confirmed that the other care homes within Woolsthorpe By Belvoir were not owned by Footsteps to Future, however, the company owned other homes within other areas.

 

The relocation of the home was due to a breakdown in relationship between the care home and their neighbors.

 

·       That the Written Ministerial Statement emphasised that the accommodation was provided for in their communities, however, the children may originate from out of the area.

·       It was suggested that the children home accept younger children, due to the rural nature of the site. Members queried whether this could be conditioned.

·       Whether a location assessment had bene completed.

 

The Written Ministerial Statement stated:

 

‘The Planning Statement should not be a barrier to providing homes for the most vulnerable children in society. When care is the best choice for a child, it is important that the care system provides stable, loving homes close to children’s communities. These need to be the right homes in the right places with access to good schools and community support. It is not acceptable that some children living far from what they would call home without clear protection reason for doing this, separated from the people they know and love.’

 

·       Whether the Council could request a management structure/plan from the company on how they were proposing to operate differently from the previous site, in order to ensure an improved way of working.

 

The Development Management Planner confirmed that a plan had been provided within the application, which could be viewed on the website. The plan stated that the company were making changes and were hopeful the relocation would benefit the children alongside supporting and providing education for the children. 

 

It was clarified that the children may have emotional behavioural issues and the type of care aimed to be provided was therapeutic care.

 

The Assistant Director of Planning clarified that the children’s home would be governed by Ofsted regulation and Lincolnshire County Council as social services. The Planning Committee were merely making a decision on a change of use application.

 

·       That the 2021 Census, the population of Woolsthorpe by Belvoir was 468 people, meaning that if the village had 4 children’s homes, it would mean 1 home per 100 people of the population of  Woolsthorpe by Belvoir.

·       Whether any further information on boundary treatments had been collated following the site visit.

 

There had been no officially submitted details, however, the Applicant had informed the Council that they would be submitting the following as part of their boundary treatments plan:

 

-       They had confirmed that they had no intention to remove the hedging that’s along the side of the plot.

-       They would be patching any holes in the hedging with some wire fencing.

-       The gate access point within the hedge would be secured if requested.

 

It was proposed and seconded to authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions.

 

·       Further concern was raised on character and appearance of area, impact on neighbours and residential amenities

·       The report provided by a social worker from Derbyshire County Council recognised the resistance for the relocation of the home due to the anti-social behaviour demonstrated by the young people.

 

One Member clarified that Woolsthorpe By Belvoir did have certain amenities for children to access (village hall, social club and community centre).

 

The proposal to approve the application fell.

 

One Member suggested that the application be refused on grounds of intensification and the disproportionality of the number of children’s homes to the per-head population of Woolsthorpe By Belvoir.

 

The Assistant Director of Planning requested the harm of the ratio of population to children’s homes and the policies to support the impact. 

 

Members suggested the following reasons for refusal:

 

-       Impact of the proposed use upon the residential amenity of all the surrounding neighbours of the village (SP6, DE1).

-       Proposed development represents an inappropriate and a substantial form of development in a quiet village location.

-       It was felt that the Applicant had failed to demonstrate specific locally generated housing need for the development in the location.

 

(It was proposed, seconded and AGREED to extend the meeting until 17:30).

 

It was confirmed that the business model was relocating, however, local residents could be employed by the children’s home in the future.

 

The Chairman noted that the Local Plan did not include any position around children’s homes.

 

It was proposed and seconded to authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions.

 

Time Limit for Commencement

1          The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

Approved Plans

2 The development hereby permitted shall be carried out in accordance with the following list of approved plans:

i.       Site Plan re. JRTC_2024_0_001 REV 0 received 6 March 2024

ii.      Proposed Car Parking Layout re. JRTC_2024_0_004 REV 0 received 24 April 2024

Unless otherwise required by another condition of this permission.

    Reason: To define the permission and for the avoidance of doubt.

 

Before the Development is Occupied

 

3 Prior to first occupation of any part of the development hereby permitted, the vehicle parking and turning areas shall have been completed in accordance with approved plan JRTC_2024_0_004 REV 0 and shall not be used for any purpose other than for the parking and turning of private vehicles and motorcycles belonging to the occupants of the property and their visitors. The parking and turning shall be retained thereafter unless otherwise agreed with the Local Planning Authority.

 

Reason: To ensure that adequate parking provision is provided and retained in order to minimise on street parking and to ensure that vehicles can enter and leave premises in a forward gear in the interests of highway safety.

 

4 Notwithstanding the operational details within the business management plan submitted within this application, a further business management plan shall be submitted to and approved by the local planning authority. The business management plan shall include but not be limited to:

 

- Staffing numbers

- Ratio of children to staff

- Supervision arrangements on and off site (24/7)

- Details of shift patterns

- Transport details (in terms of any trips to and from school or other education facilities)

 

The approved business management plan must be implemented on commencement of the approved use and be strictly adhered to throughout the continuation of the approved use unless otherwise agreed by the local planning authority.

 

Reason: In order to protect the residents of the care home and the surrounding residential properties in accordance with DE1 of the SKDC Local Plan.

 

 

 

Ongoing conditions

5 Prior to any works to the boundary treatments commencing, details of a plan indicating the heights, positions, design, materials and type of boundary treatment to be erected shall have been submitted to and approved in writing by the Local Planning Authority. The works to provide the boundary treatments must only be completed in accordance with the approved boundary treatment details prior to the occupation of the building for the use hereby permitted.

Reason: To provide a satisfactory appearance to any boundary treatments and by screening rear gardens from public view, in the interests of the privacy and amenity of the occupants of the proposed and neighbouring dwellings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

6  Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that order with or without modification) the premises shall be used only as a children's care home for up to three children and for no other purpose (including any other use falling within Class C2 of the Order) without Planning Permission first having been granted by the Local Planning Authority.

      Reason: To define the permission as other uses within Class C2 would require further assessment.

 

7 Notwithstanding the provisions of Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be constructed within or on the boundary of the curtilage of the site without Planning Permission first having been granted by the Local Planning Authority.

 

Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties or to the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.