Agenda item

Change of use from a C3 dwelling house to a C2 residential care home for up to 4no children, retain conversion of an existing integral garage into habitable space and infilling of open porch to create increased internal lobby

Public Participation

Mr Graham Witte spoke in objection to the application

Mr Clive Griggs spoke in objection to the application

Mr Chris Tivey (Agent) spoke in support of the application

Mr Mark East (Applicant) spoke in support of the application

 

 

The Planning Officer, Jonathan Maidman introduced a report which recommended that the application for the change of use from a C3 dwelling house to a C2 residential care home for up to 4 children, retain conversion of an existing integral garage into habitable space and infilling of open porch to create increased internal lobby be approved.

 

Key details were noted in the report to include the principle of the change of use and assessment against Core Policy 46, Highway matters and Impact on neighbour amenity.

 

The Officer noted that the provision was for 8 – 17-year-olds with emotional and behavioural difficulties for which carers would be present at all times.

 

Internal and external alterations had already been undertaken, as detailed in the report. It was confirmed that the works were not in breach of planning control.

 

External lighting was present on the site and should this cause a nuisance it would be a matter for Public Protection to consider.

 

The Officer referred to CP46 which related to meeting the needs of Wiltshire’s vulnerable people. There had been no objections from the statutory consultees.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on the level of cover the care staff would provide and whether there was evidence of the scheme working elsewhere in the county.

 

The Committee was directed to section 5 of the report on page 32, where it set out details of other similar scheme’s in the county.

 

The Legal Officer was asked to clarify the process for applications relating to Council Owned land and whether the committee should declare an interest in the application. It was confirmed that as set out in the Constitution, applications submitted by Wiltshire Council were not dealt with under delegated powers where an objection has been received raising material planning considerations. This would also apply for applications on Council owned land, submitted by a third party. There was no requirement for committee members to declare an interest as this did not amount to a pecuniary interest.

 

Members of the public then had the opportunity to present their views to the committee as detailed above.

 

The unitary division member, Councillor Zoe Clewer then spoke to the application, noting the various reasons for contention, including the works already carried out on the site, that the land was owned by Wiltshire Council, and the change of use.

 

Cllr Clewer went on to note the Council’s statutory duty of care for children and in providing homes for vulnerable people in the county they come from, referencing the Council’s Business Plan which sets out the commitment to provide smaller homes more in line with a normal home setting.

 

The lack of local consultation was noted with a suggestion that moving forward the Applicant make better efforts to carry out local engagement well in advance of the planning application.

 

Cllr Clewer stated that there was a feeling locally that the application was a ‘done deal’. She suggested that in situations such as this, it would be better to go beyond was necessary under the regulations in terms of displaying public notices. Finally asking that should the Committee be minded to approve the application, that it consider appropriate conditions and strengthen those presented in the report to mitigate neighbouring amenity concerns.

 

Cllr Nabil Najjar declared an interest due to his role as Portfolio holder for Education and Skills and as he also sat on the Corporate Parenting Panel and Safeguarding Panel. He did not take part in the discussion or the vote on this application.

 

Councillor Sven Hocking moved the motion of refusal, against Officer recommendation, noting that the rural location did not offer access to local facilities.

 

There was no seconder to the motion, therefore the motion failed.

 

Councillor Bridget Wayman proposed approval in line with Officer recommendation and asked for clarity on the conditions around lighting to address the concerns raised regarding the external lighting.

 

The Officer confirmed that there were no conditions proposed regarding external lighting. The property already had 6/7 external lights which were pointed at the path. These were sensor activated which meant that they would only switch on when needed and that in comparison to the neighbours external lighting they were not as bright.

 

Councillor Rich Rogers seconded the motion. 

 

A debate followed where the Committee considered the application for change of use, noting that it was unable to consider matters beyond change of use and discussed the issues raised noting that the external lighting in place would only be activated when triggered by someone using the path and that should the lighting present a nuisance in the future then the matter could be raised with Public Protection.

 

The Committee discussed access to facilities in the rural area and the lack of public engagement which had taken place, which had resulted in local objection. On balance noting the duty of care the Council had to vulnerable children in the community, not objections from Statutory Consultees or the Parish Council, and the provision of a facility which would have supervised care 24/7, the Committee supported the application.

 

At the close of debate, the Committee voted on the motion of Approval in line with Officer recommendation.

 

It was;

 

Resolved

 

That planning permission for PL/2024/11252 be granted subject to the following conditions:

 

 

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 provisions 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 and documents:

 

Location Plan dated 09/12/2024

Drawing No: 110 Rev.A (Proposed Site/Block Plan) dated 21/01/2025

Drawing No: 200 Rev.A (Proposed Ground and First Floor Plans) dated 13/09/2024

Drawing No: 201 Rev.B (Proposed Second Floor Plan and Proposed Elevations) dated 07/12/2024

Drawing No: 202 (Existing and Proposed Roof Plans) dated 09/09/2024

Covering Letter dated 09/12/2024

Statement of Purpose document dated 06/12/2024

Comments from Home Manager received 07/02/2025

E-mail from Agent received 07/02/2025

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3. The development hereby approved shall only be used as a children's residential home (C2 use) 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 revoking and re-enacting that Order with or without modification) without the prior expressed planning permission of the Local Planning Authority.

 

REASON: The proposed use is acceptable, but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

4. The development hereby approved shall not be occupied by more than four children at any one time. 

 

REASON: In the interests of neighbouring amenity and to define the terms of this  permission.

 

5. The development hereby approved shall not be first brought into use until an on-site management plan has been submitted to and approved in writing by the Local Planning Authority which shall include:

 

a. A management plan for the day-to-day operations of the site

b. A protocol of how complaints (including from local residents) can be raised with the provider (separate to any corporate/statutory noise nuisance complaint)

c. Details of how complaints will be managed by the provider and the respective timescales

d. Contact details of named personnel to be contacted to enforce the above said management plan.

 

REASON: to define the terms of this permission and in the interests of protecting neighbouring amenity.

 

6. The window in the first floor north western side elevation shall be glazed with obscure glass only and fixed with a ventilation stay so that the window is only top opening prior to the first occupation of the development hereby permitted and shall be permanently maintained as such at all times thereafter.

 

REASON: In the interests of residential amenity and privacy. 

 

7. The parking spaces shown on the approved Site/Block Plans shall be maintained for this purpose at all times.

 

REASON: To ensure sufficient parking is available on site and In the interests of highway safety.

 

8. The C2 use shall not commence on site until details of secure covered cycle parking have been submitted to and approved in writing by the Local Planning Authority. Cycle parking shall be provided in accordance with the approved details and made available prior to the first use of the premises for the C2 use hereby permitted and shall be retained for use at all times thereafter.

 

REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car.