Seven-bedroom children's home at Pittsfield, High Road, Wilmington

The site and surroundings

The site is a large detached house, garage and annex in a mainly residential area beside the A2, with one adjoining neighbour.

“(1) The site is located on the northern side of High Road in Wilmington. The area is predominantly residential although the application site itself borders the A2 (at the lower level) to the north and on the other side of the A2 lies a residential nursing home, houses and a church hall beyond this. Given the proximity of the A2 there is a fairly high level of ambient sound within and surrounding the site.”

“(2) The site area is approximately 1000 square metres and the plot is roughly triangular in shape. It contains a large detached house, detached garage and two storey annex outbuilding. The house has a deep single storey rear extension on the boundary with the neighbour to the west which contains a swimming pool. The remainder of the plot is covered in hardstanding.”

Officer report

Earlier applications and enforcement

Several earlier extensions and outbuildings were approved, while an active enforcement case concerns swimming lessons advertised at the site.

“(11) There is an active enforcement case which was opened by the officer upon seeing a banner advertising swimming lessons at the site. This is currently under review by enforcement officers. I note that this is largely separate from the planning application, but I will elaborate on this further below.”

“(16) Provision Of A Pitched Roof Over Existing Swimming Pool. 90/00774/FUL. 12th of March 1991 - approved and implemented…”

Officer report

Why officers recommended approval

Officers considered the site suitable and found no unacceptable harm to neighbours, parking or highway safety, subject to limiting occupancy.

“(34) The proposal seeks a material change of use of the property from Class C3 (dwellinghouse) to a home for children (Class C2). The site is within Wilmington, in a relatively sustainable location. There would be no in principle objection to the proposed development, subject to ensuring there is no harm to material considerations such as impact upon neighbours or highway and parking concerns.”

“(46) Taking into account the above, it is considered that the proposed use would not result in unacceptable harm to neighbouring properties in terms of noise or disturbance, subject to limiting the maximum occupancy of the property via condition.”

Officer report

Consultees’ views

The parish council objected, while police, housing and environmental health officers offered security, fire safety, lighting, noise and accommodation advice.

“(21) Private Sector Housing advise that the property could be considered an HMO for the purposes of the Housing Act and therefore there are greater risks in terms of fire safety. The applicant is advised to consider fire detection and prevention measures, safe routes of escape and to take heed of the Housing Health and Safety Rating System (HHSRS) - Housing Act 2004.”

“(23) Environmental Health advise that a lighting scheme be provided if any external lighting is proposed, suggest a noise management plan and the provision of electric vehicle charging. They also request clarification as to the location of staff accommodation for sleeping and an office.”

Officer report

Objections from local people

The ward members and four objectors raised concerns about amenity, traffic, parking, facilities, pollution, safety, infrastructure and the swimming pool.

“(24) Ward Member Councillor Sandhu objects to the development due to the potential impacts to the local area and amenity. He raises the following concerns: impact to property value, strain on local infrastructure and services such as additional wear and tear on roads, increased pressure on utilities such as water, electricity and gas and long-term financial implications for the area.”

“- Not in keeping with the village buildings that exist currently - A previous HMO development was refused and this is a 'way to get it through the back door'. - The swimming pool on site is run as a business and is a drowning risk for residents - Concern about the proposed residents and potential crime - SEN residents putting strain on schools as local SEN provision is already struggling - Parking and traffic is already an issue and visits from social workers and staff…”

Officer report

Who spoke

A local ward member spoke against the application, citing noise, traffic, infrastructure, resident behaviour and overdevelopment concerns.

What members debated

Members discussed the care home’s social benefits, child welfare, continuous care, standard safety equipment, traffic, noise and the objections.

“In the debate that followed some Members noted the social benefits that the care home would bring by providing a valuable service around protecting vulnerable children. Another member added that national legislation places a general duty on local authorities to promote and safeguard the welfare of children in need in their area by providing appropriate services which approving this application would provide.”

“Members noted that they could not see any material reason why planning permission could not be granted arguing that they did not believe that the arguments around traffic and noise disturbance were sufficient. Members went on to say that the local infrastructure would be able to manage the increase in local traffic arguing that it would only be a maximum of three staff driving to the site not the children staying at the site.”

Minutes

The vote

The Chair moved approval in line with the officer recommendation, the motion was seconded and carried.

“The Chair moved to approve the application as per the Officer’s recommendation, the motion was seconded, put to a vote and carried.”

Minutes

The decision

Planning permission was granted subject to the conditions in the agenda report.

“To grant planning permission subject to conditions in the agenda report.”

Minutes

Main permission limit

The permission limits the use to a care home for no more than seven children or young adults aged 17 or under.

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

“The use hereby permitted shall be only for a care home for a maximum of 7 children/young adults no older than 17 years of age and for no other uses, including any other falling within Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, (or for any order amending, revoking and re-enacting that Order) and any other use whether permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any…”

Officer report