Agenda item

Proposed change of use from dwelling (C3) to children's home (C2) for 2 children.

Councillor Alexander had earlier declared a personal interest in Planning Application 20/00520/FUL 12 Penfold Road, Clacton-on-Sea CO15 1JN due to being a Ward Member however, he was not predisposed.

Members were advised that the application was  before the Planning Committee as its approval would result in a proposed development which would conflict with the requirements of the Development Plan, principally Policy COM5 (Residential Institutional Uses) of the Tendring District Local Plan 2007.

It was reported that the site fell within a ‘Control of Residential Institutional Uses Area in Clacton and Frinton’, as defined on the adopted Local Plan Proposal Map. Within such areas the provision of new Residential Institutions  were not generally supported in recognition that concentrating such accommodation in small areas could lead to various problems, including the cumulative effect such developments  could have on the ‘image’ and tourism function of the resort concerned. Furthermore, such uses  could cause harm in terms of pressure on local medical and support services, the loss of visitor accommodation and an erosion of local character through the conversion of front gardens to forecourt parking.

Notwithstanding this policy position prescribed in Policy COM5 of the adopted Local Plan, Policy LP10 (Care, Independent Assisted Living) of the emerging Local Plan set out a more positive planning policy position in terms of providing support for care homes and extra care housing within settlement development boundaries. The emerging Plan did not seek to replicate the previous areas of control for Residential Institutional Uses.

The application proposed changing the existing four-bedroom domestic dwellinghouse (which had a Use defined as C3) to a property which used two of the available bedrooms to accommodate children between the ages of 7 and 15 who were under the care of Essex County Council (‘Looked After Children’).

Officers considered that by reason of the small-scale nature of this proposal, being to accommodate only two children, in a four bedroom dwelling house, that it would not materially conflict with the overall aims of policies which governed the provision of residential uses.  Further, the development would result in offering two place within the District – which currently had a very high proportion of children who  were placed outside the District due to the limited places available.  Placing children outside areas they  were familiar with could contribute to the breakdown of placements, a lack of continuity of support and a lack of educational provision. On balance, given the particular circumstances and small-scale nature of the proposals, it was considered by Officers that this application  could be supported.

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 (SCE) in respect of the application.

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

A further Consultation response received:

A consultation response had been received from the Highways Authority making the following observations:

The highway authority has not been making site visits due to the COVID-19 restrictions and the observations below are based on submitted material, google earth image dated April 2019 and previous visits to the area. The site is in a town centre location with good public transport links close to the premises, therefore - from a highway and transportation perspective the impact of the proposal is acceptable to Highway Authority subject to the following mitigation and conditions:

Proposed Highways Conditions

1.            The proposed development shall not be occupied until such time as car parking for a minimum of three vehicles has been provided (2 staff; 1 visitor parking space) in accordance with the Parking Standards, details to be agreed with the Local Planning Authority. The agreed car parking shall be retained at all times for such purpose.

Reason - To ensure that on street parking of vehicles in the adjoining streets/roads does not occur and that appropriate parking is provided.

2.            Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to occupation and retained at all times.

Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

A further condition was recommended to deal with the storage of construction materials. However, this was not deemed necessary in this case as the application  was purely for a change of use of the premises.

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

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              Notwithstanding the provisions of Article 3, Schedule 2 Part 3 of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking and re-enacting that Order with or without modification), the application site shall be used as a children’s home and for no other purpose including any other purpose in Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any Statutory instrument and re-enacting that Order with or without modification).

Reason - The development hereby permitted is contrary to the general adopted policy of the local planning authority and is granted solely in recognition of the particular small scale nature of the proposed use. Any wider use of this premises for a Class C2 use will need to be assessed against its impact on its own merits and with regard to the amenities and privacy of occupiers of adjoining properties.