Supported living for young people at 68 Craven Avenue, Plymouth

What was proposed

The application proposed changing a four-bedroom dwelling into supported living accommodation for up to three young people.

“Proposal Description This is a Lawful Development Certificate for a Proposed Use for the Change of use from dwelling (Class C3) to supported living accommodation (Class C2) for up to 3no. young people.”

Officer report

The site

The property is a terraced residential property with a small rear garden or yard and no off-street parking.

“Description of Site 68 Craven Avenue is a terraced residential property located in the Sutton and Mount Gould ward of the city. The property has 4no. bedrooms and a small rear garden/yard space. The property is not served by any off-street parking.”

Officer report

The officer recommendation

Officers recommended issuing a lawful certificate because the proposed use was considered lawful and not a material change of use.

“The proposed use would fall under use class C2. Whilst there is no permitted change between C3 and C2 under Part 3 of Schedule 2 of The Town and Country Planning (General Permitted Development)(England) Order 2015, the applicant has provided case law in the form of 6no. appeal decisions where the Inspector came to the view that similar proposals did not constitute material changes of use and issued Certificates - as well as broader legal views on the topic.”

“Given the public interest in the case, Officers did some deeper case law research but only found further appeals which backed up the applicant's case. There were examples of dismissed appeals, but these were generally dismissed due to poor levels of information relating to the existing or proposed uses, which meant that no clear decision could be made, or in cases where the change of use would have been much more pronounced and intense whereby a more formal care home…”

Officer report

Consultation responses

Legal Services confirmed that a lawful development certificate should be issued, while planning material considerations generally did not apply.

“Consultation responses Legal Services - Confirmed that a Lawful Development Certificate should be issued.”

“Representations Despite not being subject to a public consultation period, the application has received 17no. letters of representation - 8no. against the proposal and 9no. in support. The usual planning material considerations do not apply to Lawful Development Certificates, so Officers cannot consider the views expressed in the letters, unless they relate to lawfulness of the proposed change of use.”

Officer report

What people said

Eight letters opposed the proposal, citing character, disruption and safety, while nine supported accommodation for young people in the area.

“- The proposed use is out of character with the area; - The proposal would lead to disruption to local residents; - Safety concerns; - Local residents have not had an opportunity to object to the proposal.”

“- The area is suitable for such a use; - The importance for such uses to support young people; - The young people to be housed would benefit from living in the area; - On-street parking would improve.”

Officer report

Who spoke

The planning officer presented the report, the ward councillor spoke, and the applicant’s agent also addressed the committee.

The committee vote

Ten councillors voted for the proposal, none voted against, and none abstained; three were absent or did not vote.

“For (10) Councillors: Freeman, Goslin, Loveridge, McNamara, P.Nicholson, Penrose, Simpson, Steel, Stevens and Tuohy.”

“Absent / Did Not Vote (3) Councillors: Bridgeman, Darcy and McCarty.”

Minutes

The decision

The committee agreed to issue the lawful development certificate, and the application was granted.

“Following discussions, the Committee agreed to issue the Lawful Development Certificate.”

Minutes