Children's home at Albany House, Clacton-on-Sea

Site and earlier uses

The property is a residential corner plot in the Gardens Area of Special Character, previously used as a care home before becoming a dwelling.

“The application site serves a residential dwelling located on a corner plot at the west of Albany Gardens West and to the south of Albert Gardens. The site is located within the settlement development boundary of Clacton on Sea, as defined by the Tendring District Council’s Local Plan 2013-2033 and Beyond. The site is also located within the Gardens Area of Special Character.”

“Planning permission was granted for the change of use from a single dwelling to geriatric nursing home under reference 87/01238/FUL in 1987. in 2013 permission was granted for the change of use from registered residential home for the elderly to private dwelling (Retrospective application), under reference 13/00900/FUL.”

Officer report

What officers recommended

Officers recommended approval, considering the proposal acceptable without material harm to character, heritage, highways, residential amenity, drainage, ecology or biodiversity.

“Recommendation: Full Planning approval subject to conditions…”

“The proposed change of use is considered acceptable and would not result in material harm to the character of the area, heritage assets, highway safety, residential amenity, drainage, ecology or biodiversity interests. Status of the Local Plan…”

Officer report

Residents’ concerns

Objections focused on the special character area, visual and residential amenity, highway safety, parking, loss of a dwelling and unwanted precedent.

“- Harm to The Gardens Area of Special Character - Harm to visual amenities / appearance - Harm to residential amenities - Highway safety / parking - Fails to comply with adopted policies PPL12, LP10, HP1, SPL3 and CP1 - Loss of C3 dwelling - Setting an unwanted precedent…”

“Furthermore, many of the objections raise concerns over safety and lack of information relating to the type of people the home will serve. The proposal is for a children’s home. The individual reason why children may need the home is not a material planning consideration and the situations leading children to require a safe environment can be varied. If residents have serious safety concerns this would be a police matter.”

Officer report

Who spoke

The applicant’s representative spoke in favour, while a member of the public and the ward member spoke against the application.

Members’ debate

Members asked about the children’s needs, fostering, site history, local restrictions, education, transport, special character and the garden.

“Planning history as far back as 1948 is a material planning consideration – how much weight Members give that planning history and the various uses that this site has gone through is for Members to consider and how much that makes a baring on the decision is down to Members. As Officers, it has been pointed out that 12 years ago, this building was a C2 use, it was a care home rather than a children’s home.”

“How do Officers come to the conclusion of ‘special character’ and what factors are assessed to come to that conclusion? Policy says ‘within the gardens area of east Clacton, the new development shall have particular regard to special character and appearance of the area...’ It is effectively character and appearance. It is a local designation, that is within the Local Plan.”

Minutes

Decision and reasons

The committee resolved to refuse permission because intensified activity could erode the area’s quiet character and evidence about effects on neighbours was insufficient.

“1) the Head of Planning and Building Control be authorised to refuse planning permission subject to the reasons as stated below that follows:-”

“- the proposal, by reason of its intensified and non-typical residential use, would introduce a level of activity and comings and goings that would erode the established quiet residential character of the Gardens Area of Special Character, contrary to Policy PPL12 and SP7;”

Minutes