Children’s home at 11 Wilson Close, Mickleover

What was proposed

The application sought to change a three-bedroom dwelling from residential use to a children’s home for up to three children and five staff.

“The proposal The application proposal is to change the dwelling from C3 to C2 use class for the provision of a Children's Care Home which will have a maximum of three children between the ages of 8 - 17 years old and five staff members (including one manager) at any one time.”

Officer report

The site and setting

The semi-detached dwelling is on the former hospital estate, outside a settlement boundary, with a garage and two driveway parking spaces.

“Site Description This application site lies outside of a settlement boundary located within the rural area adjoining the Derby Urban Area and residential dwellings previously associated with the former hospital site which was redeveloped in the early 2000s. The semi-detached dwelling fronts an area of green space and the rear of the application site is a belt of trees separating the site from the A516 and Etwall Road.”

Officer report

Earlier planning history

An earlier certificate of lawfulness for a dormer extension and single-storey rear extension was approved in November 2024.

“Relevant planning history DMPN/2024/1211 - Certificate of Lawfulness of proposed addition of dormer extension (rear slope) and single-storey rear extension - Approved 06 November 2024 Responses to consultations and publicity Derbyshire County Highways Authority - No Objection…”

Officer report

Why officers recommended approval

Officers considered the use suitable in principle, similar in activity to a dwelling, and acceptable with noise, travel and other conditions.

“Furthermore it is considered that the strict controls over a Children's home through other organisations such as OFSTED, it is considered that the concerns of the EHO have been addressed and matters related to the regulation of such facilities are appropriately controlled through other regulatory bodies and legislation.”

“Additionally, it is thought by the Council it is not considered that this is necessary as the proposed use would be controlled by other legalisation including the Care Standards Act 2000 and The Children's Homes (England) Regulations 2015 and the Council is satisfied that appropriate measures can be taken under the appropriate regulations to ensure suitable people own, operate, manage and work within a children's home.”

Officer report

Who spoke

The planning officer presented the application, and a councillor raised concerns about amenity, vehicle movements and parking.

Members’ concerns

Members questioned whether the parking condition was strong enough to secure continued parking provision under the approved proposal.

“Members considered the report and Councillor A Kirke raised concerns regarding the impact on amenity for residents, increased vehicle movement and inadequate parking provision.”

“Members noted that condition six did not seem robust enough to secure the continued use for parking as per the proposal.”

Minutes

The committee’s vote

The committee resolved to approve planning permission in line with the officer recommendation, subject to an amendment to the parking condition.

“RESOLVED: That planning permission be approved as per the recommendations in the report of the Executive Director – Place and Prosperity subject to an amendment to condition six to refer to the use as per the approved plan reference and would remain free for parking of vehicles in perpetuity…”

Minutes

Main conditions

The permission limited the home to three children and five carers, required noise measures, and restricted the premises to a children’s home.

“Recommendation Approve subject to the following conditions: The development hereby approved shall be begun before the expiration of three years from the date of this permission. Reason: To conform with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). The development hereby permitted shall be carried out in accordance with plans/drawings: Location Plan ref.”

“Prior to first use, the works specified in Noise Breakthrough Assessment ref NP-013705 dated 8/1/2026 must be completed and verified by a competent person. A noise management plan based on the Noise Breakthrough Assessment ref NP-013705 dated 8/1/2026 shall be submitted to and approved in writing by the Local Planning Authority.”

Officer report