Agenda item
- Meeting of Planning Committee, Tuesday, 7th July, 2026 5.00 pm (Item 12.)
- View the background to item 12.
Change of use from Dwelling (C3) to Children’s Home (C2).
Minutes:
Earlier on in the meeting, as reported under Minute 10 above, Councillor S Honeywood had declared that she was the local Ward Member and had called-in the application and exercised her right in those capacities to speak on the application.
It was reported that the proposed change of use was considered acceptable and would not result in material harm to the character of the area, heritage assets, highway safety, residential amenity, drainage, ecology or biodiversity interests.
The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.
At the meeting, an oral presentation was made by the Council’s Planning Team Leader (AN) in respect of the application.
An Officer Update Sheet had been circulated to Members prior to the meeting which informed the Committee as follows:-
“Additional Objection
One additional letter of objection has been received from a member of the public raising the following material planning considerations;
- Harm to the Gardens Area of Special Character, specifically its intention to protect the special residential nature of the area.
Officers Response – The proposal has been fully assessed against Policy PPL12 of the Tendring District Local Plan and found to be acceptable for the reasons set out within the Committee Report.
Updated Consultee Comment – ECC Children’s and Families – Children’s Residential
Updated comments have been received from ECC Children’s and Families – Children’s Residential. Whilst their original consultation response advised that the applicant had not been in contact with the service, the consultee has now confirmed that the applicant has attended a weekly drop-in session and engaged with officers. No objection is raised. The updated comments are set out below:
From a review of the documents submitted we can see that the proposal is to provide accommodation for up to five children and young people aged 8–17. This would include four bedrooms in the main house, along with a self-contained annex designed to support one young person preparing for independent living, meaning a maximum of five children or young people would be living at the property at any one time.
The children placed in the home would have emotional and behavioural difficulties. The care approach is described as trauma informed.
We also note that the home is intended to be registered with Ofsted and run in line with the Children’s Homes (England) Regulations 2015.
We have reviewed our data to provide you with a picture of the current situation in the area in question.
In respect to the data regarding children in mainstream homes, the following data is applicable at present:
How many CYP with Tendring as home district are in mainstream residential care homes? 4
How many CYP with Tendring as home district are supported in district in mainstream residential care homes? 0
The total number of Essex CYP supported in district in mainstream residential care homes is 4
In respect to the data regarding children in children with disabilities (CWD) homes, the following data is applicable at present:
How many CYP with Tendring as home district are in CWD homes? 2
How many CYP with Tendring as home district are supported in district in CWD homes? 0
The total number of Essex CYP supported in district in CWD homes is 2
The total number of registered homes in the district is 12.
The total number of registered beds in the district is 42.
The applicants have discussed their plans with us at one of our weekly Children’s Residential drop-in sessions, where colleagues from our residential, commissioning and procurement teams can offer advice, guidance and support on their proposals. This is something we welcome, as it helps us to understand plans in greater detail.
As a general principle, provision with larger numbers of residents or a more institutional presentation do not align with Essex County Council’s preferred model, nor with our current sufficiency needs. However, we note that the applicant is proposing a four-bed home within the main residence, alongside a self-contained annex to support a young person preparing for independent living.
This particular facility promotes inclusion within the local community and enables step-down pathways where appropriate through the use of the attached annexe. In this respect, the proposed children’s home broadly aligns with our preferred model in terms of scale, for supporting children who can live within a group home setting.”
Jeremy Hughband, the representative for the applicant, spoke in favour of the application.
Antony Cannon, member of the public, spoke against the application.
Councillor S Honeywood, the Ward Member and the Caller-in, spoke against the application.
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Matters raised by Members of the Committee:- |
Officer response thereto:- |
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Would the children that are placed in the home have emotional and behavioural difficulties? |
They might or might not. The Planning position is that this is a children’s home who might be housed within this could be from any background and any circumstances. To point out, this is not a C2A use which is a secured residential institution. This is a generic children’s home. |
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Would the same children that would qualify for this home also qualify for fostering? |
Not quite. Fostering can fall within C3 which is what the current use is. If this was a large fostering home, it would not need planning permission. |
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Could you tell the Committee when the Public Space Protection Order (PSPO) was put in place at the gardens? |
Referring to the PSPO, Officers do not know when that was put in place, it is not part of Planning, that is a separate matter. |
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How is 12 years of history going to impact this building now? |
It is for the decision maker to consider what weight to apply to different material considerations. Planning history as far back as 1948 is a material planning consideration – how much weight Members give that planning history and the various uses that this site has gone through is for Members to consider and how much that makes a baring on the decision is down to Members. As Officers, it has been pointed out that 12 years ago, this building was a C2 use, it was a care home rather than a children’s home. Officers feel that if they were to present themselves at an appeal, should this application be refused, Officers would be arguing against that planning history to a planning inspectorate. Officers feel they have given this due weight; how much weight Members give it is down to the decision maker. |
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Would the children be home schooled or not? |
Officers are not aware that the children would be educated at home or in a school. Officers do not have that information in front of them. |
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Would it be fair to say there could be up to five taxis doing the pick-up and drop-off to school? |
Officers do not know. |
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How do Officers come to the conclusion of ‘special character’ and what factors are assessed to come to that conclusion? |
Policy says ‘within the gardens area of east Clacton, the new development shall have particular regard to special character and appearance of the area…’ It is effectively character and appearance. It is a local designation, that is within the Local Plan. It has been in place for a long time (30 years), carried forward from each Local Plan and the main principle around it is the character appearance of the area because the former conservation area does not extend to this area and this is one of two special character areas that is within the District, the other being the Avenues in Frinton-on-Sea. |
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Is there any garden at the property and what size is it or is it a contained property without a garden? |
There is a garden in the plans. It is small but it does meet the requirements for this home. |
It was moved by Councillor Land, seconded by Councillor Alexander and:-
RESOLVED that:-
1) the Head of Planning and Building Control be authorised to refuse planning permission subject to the reasons as stated below that follows:-
- the proposal, by reason of its intensified and non-typical residential use, would introduce a level of activity and comings and goings that would erode the established quiet residential character of the Gardens Area of Special Character, contrary to Policy PPL12 and SP7;
- in addition, in the absence of robust, site-specific evidence demonstrating that the operation of the children’s home would not materially impact neighbouring occupiers, the proposal fails to satisfactorily demonstrate compliance with Policies SPL3, LP10 and SP7 relating to the protection of residential amenity; and
2) the applicant be sent any informative notes, as may be deemed necessary, by the Head of Planning and Building Control.
Supporting documents:


