Agenda item

Report of the Head of Development Management – Community Development Services

 

The Head of Development Management sought determination of an application for planning permission for the change of use of from Use Class C3 (Dwellinghouses) to Use Class C2 (Residential Institutions) (retrospective) at 2 The Paddock, High Street, Brompton By Sawdon.

 

In accordance with the Council’s Constitution, the application had been brought to Planning Committee as the Council had submitted the application and was therefore the Applicant.

 

Presenting the report, the Principal Planning Officer outlined the location of the application site and advised there had been no updates to the report as printed.  Members were advised that officers considered the application acceptable in principle, and recommended it be approved.

 

In accordance with public speaking arrangements at planning committee, the following speakers then addressed the committee.

 

Objecting to the application:

 

1)    Councillor Stephen Triffit – Brompton By Sawdon Parish Council.  Summary of issues raised:

 

·         The Parish Council raised concerns about ongoing incidents at the property, with at least ten emergency service callouts since Christmas, occurring at various times of day and night.

 

·         A recent incident involved an individual accessing the roof and causing damage to aerials, contributing to disruption in the area.

 

·         Residents have reported feeling unsettled and intimidated, and written representations have been received outlining these concerns.

 

·         There have been instances of individuals entering or standing in the A170, affecting traffic flow and raising safety concerns.

 

·         Repeated damage to the property, including broken windows, doors and a hole in the roof, was noted, alongside frequent attendance by council services.

 

·         Gardens are said to be poorly maintained, with overgrowth affecting visibility onto the highway.

 

·         The Parish Council expressed the view that the property, as a family home in a quiet residential area, may not be suitable to meet the needs of the individual concerned, who may require more specialist provision.

 

·         Ongoing vandalism and the associated financial impact were highlighted as concerns.

 

During consideration of the application, the following matters were discussed:

 

·         Clarification was sought regarding the nature and operation of the property, particularly in relation to its role within children’s services provision and whether it formed part of Foundation Housing or Brompton Hall, with reference to corporate parenting responsibilities for young people up to the age of 25;

 

·         Members were advised that the application related specifically to Property No. 2, which accommodated two children (typically aged 10–17) under Children and Young People’s Services (CYPS), who were unable to live with families, and that this was distinct from Property No. 1, which operated under a different model supporting slightly older young people to live more independently;

 

·         Officers advised that the application sought permission for use as a residential institution (small children’s home), and that planning legislation could not control or limit the specific characteristics or backgrounds of occupants, only the use class of the property;

 

·         Members highlighted representations from the Parish Council which described the situation as intolerable, although it was reiterated that planning considerations must focus on land use rather than individuals;

 

·         The Committee discussed whether evidence of detrimental impacts could constitute a material planning consideration, and it was acknowledged that while issues may arise in practice, these were often attributable to individual circumstances and could occur in a range of housing settings;

 

·         Officers advised that the key consideration was the nature of the use class and whether it would reasonably give rise to impacts, noting that the application had been reviewed by a Designing Out Crime Officer, with suggested mitigation measures provided;

 

·         Concerns were raised regarding reported recent incidents at the property; however, officers confirmed that such matters would fall under the remit of CYPS and Ofsted rather than the planning system;

 

·         Members expressed sympathy for local residents while also recognising the importance of providing appropriate care environments for vulnerable children, particularly in quieter, rural locations which supported their development, and noted that any operational concerns should be pursued through the relevant statutory bodies;

 

·         Although not a matter for the Area Planning Committee, it was reported that CYPS had acknowledged community concerns and indicated a willingness to engage with the Parish Council and local residents to address issues and provide reassurance.  The Committee also noted that an Ofsted inspection of the property had not yet taken place but was expected imminently;

 

·         It was suggested that, where appropriate, consideration be given to ensuring the external environment, including the garden area, was maintained to a suitable standard to provide an appropriate setting for both residents and occupants, and officers undertook to discuss this.

 

The decision: 

 

That planning permission be GRANTED subject to the condition set out in the report.

 

Voting record: 

 

A vote was taken and the motion was declared carried, with 5 for and 1 abstention.