Agenda item

To consider the change of use from dwellinghouse (Use Class C3) to residential institution for the care of up to 4 children (Use Class C2).

 

It was RESOLVED that planning permission be granted subject to the conditions as per the recommendations set out in the report.

 

The Committee considered an application for the change of use from dwellinghouse (Use Class C3) to residential institution for the care of up to 4 children (Use Class C2).

 

The application was before the Committee for determination as it had been called in by local ward Councillor Phil Bibby on the grounds of impact on neighbouring properties and impact on residential amenities.

 

The Senior Planning Officer gave an introduction to the Committee.  She advised that the main issues for consideration in the assessment of the application were the acceptability in land use policy terms, impact on the character and the appearance of the St Nicholas/Rectory Lane Conservation Area, impact on residential amenity and car parking provision.

 

The Chair then invited Mr Singh, the applicant to address the Committee.  The Committee was informed by Mr Singh that there was a huge shortage of childrens homes for those children not in the foster care system.  Mr Singh outlined the regulation and management process of the proposed care home and advised that the proposed care home would be fully regulated by OFSTED and would be subject to both planned and unannounced inspections. Mr Singh advised that following a meeting held with the Police, additional measures including the office being alarmed and a new security gate would be installed as well as all fire regulations being complied with.

 

The Chair then invited Councillor Phil Bibby to address the meeting.

 

Councillor Bibby advised that although he was aware of the need for such care homes, his concerns related to:

 

·         a previous care home in Rectory Lane that had caused significant issues before it was shut down;

·         the loss of a large, aspirational, family home;

·         the need to keep Rectory Lane as a leafy, aspirational road in the Town;

·         the safety and security of local residents as a result of the change of use.

 

The Chair thanked Mr Singh and Councillor Bibby for their contributions to the meeting.

 

The Senior Planning Officer informed the committee that there would be no external alterations to the building and that therefore the proposed development would not impact on the level of privacy and outlook currently enjoyed by neighbouring properties.

 

In terms of noise and disturbance, the Council’s Environmental Health Officer had raised no concerns in this regard.  Further, 4 children under the age of 18 living in the property would be in line with that expected of a 4 bedroom family dwelling.  The previous care home referred to had not been registered with OFSTED and there were no mechanisms in place to provide enforcement to regulate or manage this previous facility.

 

The Committee noted that the applicant would work with Herts police to ensure the property was satisfactorily designed and secured to Police standards.

 

Members agreed that there was a need for care homes such as this.  In response to a question the applicant confirmed that the age range of the children was between 8 and 18.  It was not guaranteed that the children would be from Stevenage but it was very likely they would be from the local area.

 

It was RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1.            The development hereby permitted shall be carried out in accordance with the following approved plans:

            23067-001; 23067-SK1; 23067-010-A;

         

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

         

3       Prior to the first occupation of the development hereby permitted, the security gate as shown on drawing number 23067-SK1 shall be installed in the location as shown on drawing number 23067-010-A and shall be permanently retained in that form thereafter for the lifetime of the development.

         

4       The area of hardstand to the front of the property as shown on drawing number 23067-010-A shall not be obstructed at any time and shall be used only for the parking of vehicles for the lifetime of the development.

         

5       The premises shall be used for a residential child care home and for no other purpose, including any other purpose in Use Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that order with or without modification.  The number of children cared for and resident on the premises shall not exceed four at any one time.

         

The Council has acted Pro-Actively for the following reason:-

 

1          Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process which led to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the National Planning Policy Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

 

INFORMATIVE

 

 1         Public Information on Planning Applications

            Warning: all information provided on your planning application is now publicly available. Individuals and organisations offering their services may contact you. The Council does not endorse or approve any builders, surveyors, trades persons or other supplier, and advises householders to obtain quotes/references, and check the legitimacy of any contractor who contacts them before making payment.

 

 2         Community Infrastructure Levy

            Stevenage Borough Council adopted a Community Infrastructure Levy (CIL) Charging Schedule at Full Council on 27 January 2020 and started implementing CIL on 01 April 2020.

           

            This application may be liable for CIL payments, and you are advised to contact the CIL Team for clarification with regard to this. If your development is CIL liable, even if you are granted an exemption from the levy, please be advised that it is a requirement under Regulation 67 of The Community Infrastructure Levy Regulations 2010 (as amended) that CIL Form 6 (Commencement Notice) must be completed, returned and acknowledged by Stevenage Borough Council before building works start. Failure to do so will mean you risk losing the right to payment by instalments and a surcharge will be imposed. NB, please note that a Commencement Notice is not required for residential extensions if relief has been granted.

           

            Stevenage's adopted CIL Charging Schedule and further details of CIL can be found on the Council's webpages at www.stevenage.gov.uk/CIL or by contacting the Council's CIL Team at CIL@Stevenage.gov.uk .

           

 3         Building Regulations

            To obtain advice regarding current Building Regulations please contact Hertfordshire Building Control Ltd. by emailing us at building.control@hertfordshirebc.co.uk or phoning us on 01438 879990.

           

            To make a building regulations application please apply through our website portal at https://www.hertfordshirebc.co.uk/contact-us/ payment can be made online or by phoning the above number after the application has been uploaded.  Please phone Hertfordshire Building Control for fees guidance on 01438 879990.

           

            Hertfordshire Building Control can also be contacted by post at Hertfordshire Building Control Ltd, 4th Floor, Campus West, Welwyn Garden City, Hertfordshire, AL8 6BX.

           

            Once a building regulations application has been deposited with relevant drawings and fee building work may commence.  You will be advised in their acknowledgement letter of the work stages we need to inspect but in most instances these are usually:

           

                    Excavation for foundations

                    Damp proof course

                    Concrete oversite

                    Insulation

                    Drains (when laid or tested)

                    Floor and Roof construction

                    Work relating to fire safety

                    Work affecting access and facilities for disabled people

                    Completion

           

            Please phone Hertfordshire Building Control on 01438 879990 before 10.00am to ensure a same day inspection (Mon - Fri).

 

 

4          Party Wall etc. Act 1996

            Any work that affects a party wall, including foundations dug within 3.0m of a neighbouring building, may be controllable under the Act and may require approval from the adjoining owner(s).  Party Wall Act matters are always civil matters and it is neither Stevenage Borough Council's nor Hertfordshire Building Control Ltd's remit to control or enforce Party Wall act matters.  Please refer to the Government's explanatory booklet The Party Wall etc. Act 1996, a copy of which is available online at

            https://www.gov.uk/government/publications/the-party-wall-etc-act-1996-revised-explanatory-booklet 

 

5          Herts Police Crime Prevention Design Advisor

            Prior to first occupation of the premises, the applicant will contact the Hertfordshire Constabulary Crime Prevention Deign Service with a view to seeking to achieve accreditation to the Police preferred minimum security standard that is Secured by Design.