The application relates to Brick Barn Residential Care Home located at 106 Walton Road within the Parish of Kirby-le-Soken. The site lies a short distance from the edge of the Kirby-le-Soken Settlement Development Boundary as defined within the adopted Tendring District Local Plan 2007 but is fully within the extended Kirby-le-Soken Settlement Development Boundary as defined within the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017).

Councillor Bray had earlier declared a personal interest in Planning Application 20/00202/FUL Brick Barn Residential Care Home, 106 Walton Road, Kirby-Le-Soken, Frinton-on-Sea CO13 0DB due to being a member of Frinton and Walton Town Council however, he was not predisposed.

Members were informed that the application had been referred to the Planning Committee at the request of Councillor Knowles due to her concerns with the perceived negative impact on neighbours from the proposed use and previous poor Care Quality Commission (CQC) reports.

The Committee was made aware that the application related to Brick Barn Residential Care Home located at 106 Walton Road within Kirby-le-Soken. The site lay a short distance from the edge of the Kirby-le-Soken Settlement Development Boundary as defined within the adopted Tendring District Local Plan 2007 but was fully within the extended Kirby-le-Soken Settlement Development Boundary as defined within the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017).

The application sought full planning permission for the change of use of the existing Care Home (within use Class C2 of the Town and Country Planning (Use Classes) Order 1987 as amended) to a Hostel for the Homeless (a “sui generis” use meaning a use that did not fall within the categories defined with the Use Classes Order) including internal alterations reducing the current accommodation from 15 bedrooms to 9.

Members were advised that this application followed a previously refused application under planning application reference 19/01532/FUL for the proposed change of use from care home to HMO (House in Multiple Occupation) with no physical alterations. That application  had been refused due to the lack of  marketing information therefore failing to justify the loss of employment in line with the requirements of Saved Policy ER3 of the adopted Tendring District Local Plan 2007. Since this previous application, it had come to light that the proposal would involve internal/physical alterations to the building and the use would in fact fall under the definition of a Hostel and not a HMO as previously considered by officers. The facility would be supported by 4 full time staff and 4 part time staff and therefore did not result in the loss of an employment use and did not require assessment under the provisions of Saved Policy ER3 of the adopted Tendring District Local Plan 2007.

Given the current shortage of affordable homes in the District, it was felt that facilities such as this played a vital role in providing short term accommodation for sections of society, which was supported by national policy.

Officers stated that the site was located within easy walking distance of the local convenience store and post office, with other facilities and employment opportunities within the village. There were bus stops in close proximity to the site providing regular services to Walton, Frinton and Clacton, and also a service to Colchester. The sustainable location of the site was reflected in the Council's inclusion of the site within the extended settlement development boundary of the emerging Local Plan.

The proposed use would see a reduction in rooms seeking to provide accommodation for up to 9 residents on a medium term basis of between 6 months to 2 years. This would in turn reduce the number of associated comings and goings and associated traffic movements when compared with the current lawful use, thus lessening the potential for any noise or disturbance to neighbouring properties.

The proposal would ensure a vacant premises was brought back into use; facilitate new employment and provide a valuable contribution to the housing mix for the District in a location recognised as sustainable by National and Local Plan policies. The application was therefore  recommended by Officers for approval subject to conditions.

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 (TF) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting with details of:

(a)       An amendment to the recommendation to now incorporate a legal agreement:

Recommendation:

That the Head of Planning be authorised to grant planning permission for the development subject to:-

a)            Within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters:

•             Giving priority to residents in need of housing who have a connection with the Tendring District.

b)            Subject to the conditions stated in section 8.2

c)            That the Head of Planning be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a s106 planning obligation.

(b)      An additional objection received:

The material planning considerations raised can be summarised below:

-              Kirby Le Soken does not have the infrastructure nor amenities for this type of establishment.

Officer response: This matter has already been addressed within the officer report.

Fiona Kennedy, a local resident, spoke in support of the application.

Councillor Knowles,  the local Ward Member, spoke against the application.

Nikki Faber, the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor Cawthron, seconded by Councillor Casey and RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

(a) a Section 106 Legal Agreement to deal with following matters:

•             Giving priority to residents in need of housing who have a connection with the Tendring District; and

•             Residents to be sourced through the Council’s register or from other professional bodies such as SSAFA (The Armed Forces Charity), the Royal British Legion and the Baptist Church in Clacton-on-Sea).

(c)     The following Conditions and Reasons:

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

Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

2.            The development hereby permitted shall be carried out in accordance with the following approved plans: Proposed Floor Plan MH-3596.

Reason - For the avoidance of doubt and in the interests of proper planning.

3.            The use hereby approved shall only be occupied by a maximum of 9 residents at any one time.

Reason – In order to control the intensity of the use in the interests of residential amenities.

4.            Prior to the occupation of the development, details of the siting and design of secure, convenient, covered Cycle parking that accords with the Parking Standards shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained in its approved form unless otherwise agreed in writing by the Local Planning Authority.

Reason - To ensure appropriate cycle parking is provided in the interest of highway safety and to promote alternative sustainable modes of transport.

5.            The use hereby approved shall operate in strict accordance with the Supporting Statement and Management Plan received on 16th June 2020 unless otherwise agreed in writing by the Local Planning Authority.

Reason – To ensure the use and facility is appropriately operated and managed in the interests of residential amenities for both existing and future occupants.