Children’s home at 6 Swan Way, Coalville

What was proposed

The application sought to change a dwelling into a children’s home for up to three children, without external building alterations.

“Change of use from dwellinghouse (C3) to children’s home (C2) for up to three children…”

“The mandatory requirement for 10% Biodiversity Net Gain (BNG) for small sites as required by the Environment Act came into force on 2 April 2024. This application is exempt due to the development being de minims in scale and there being no loss of existing habitat and thus the delivery of the 10% is not mandatory for this application.”

Officer report

The site

The site is a two-storey detached dwelling in Coalville, within the Limits to Development, with four bedrooms and existing parking.

“The application site consists of a two-storey detached dwelling. The existing floor plans shows 4 upstairs bedrooms and this would remain unchanged. There are no external alterations to the property proposed in this application.”

“This site is situated within Coalville and is located within the Limits to Development, as defined by the Policy Map to the adopted Local Plan.”

Officer report

What officers recommended

Officers recommended permission because the proposal supported care for children, remained residential in nature and would not cause unacceptable amenity or highway impacts.

“In planning terms, the nature of the proposal is such that the property would remain residential in nature and be within a residential area. There are no planning policies which restrict, in principle, such care homes from being provided within existing residential areas, subject to all material planning considerations.”

“The proposal seeks to change the existing use of the residential dwelling to a children's care home for no more than 3 children at 6 Swan Way. No external changes are proposed.”

Officer report

Responses from consultees

Environmental Protection and the County Highway Authority raised no objections.

“The County Highways Authority, Environmental Protection and neighbours have been consulted and their responses have been considered in this report.”

Officer report

Objections from neighbours

Nine neighbours objected, citing parking and traffic, noise, safety, antisocial behaviour, the private drive, covenants and the effect on residents.

“Impacts on neighbour’s access to drive, could be blocked by staff parking…”

“Anti-Social Behaviour / Crime / Safety Concerns Anti-social behaviour / crime…”

Officer report

Who spoke

An objector, the applicant and the ward member addressed the committee about safety, suitability, parking, traffic, noise and community effects.

Committee discussion

Members discussed parking and were advised that children’s homes had no area-wide limit and that private covenants were not planning matters.

“Following the speakers, officers advised the committee that there were no limits on the number of children’s homes that could be permitted in an area and that it should be considered on its own merits. The Legal Advisor advised the committee that covenants were not a planning matter.”

“At the request of a member, the Legal Advisor reiterated to the committee that the covenants was a matter between the residents, and if it was breached it would for them to seek advice, and that it was not a planning matter and no weight should be given to it.”

Minutes

The decision

The application was permitted in accordance with the officer recommendation and amended conditions in the update sheet.

“The application be permitted in accordance with the Officer’s recommendations, including the amendments to the conditions as detailed in the update sheet.”

Minutes

Permission conditions

Conditions limited the use to three children, controlled staffing and handover arrangements, and required the retention of existing parking spaces.

“RECOMMENDATION – PERMIT, subject to the following conditions:”

“Standard time limit (3 years). Approved plans. Restriction to the proposed use only. Maximum of 3 children living on site at any given time. Limit maximum number of staff on site to 3 (except for handover periods when it would be 4) 6. Submission of details of staff handover times prior to commencement 7. Retention of existing parking spaces.”

Officer report