Children’s care home at 10 Grove Way, Walsall

What was proposed

The application sought to change an existing dwelling into a residential institution for up to two children aged 8 to 17 and three staff.

“Application proposal: Full planning application for a change of use of an existing dwelling (Class C3) to a residential institution (Class C2) for up to two children between the ages of 8-17 years old and three staff.”

Officer report

The site and surroundings

The site is a three-bedroom semi-detached house in a residential estate, with a rear garden and parking for up to three vehicles.

“The site comprises a 3 bed semi-detached dwelling with rear garden and parking space for up to 3 vehicles on the frontage of the site. The site is located amongst a row of residential dwellings, within a residential estate.”

“The site is not within a Conservation Area, nor in the vicinity of any other heritage assets. It is in a Coal Development Low Risk Area and Flood Zone 1. There are no protected trees in the vicinity of the site.”

Officer report

Earlier applications and enforcement

An earlier lawful development certificate application was withdrawn, while an enforcement investigation was closed after finding no planning breach.

“Planning applications • 25/0388 - Lawful Development Certificate for a proposed change of use of a dwelling (Class C3) to a residential institution (Class C2) for the care of up to two children and three staff – withdrawn on 14/05/2025 following written advice that the proposed development is a change of use that would require full planning permission.”

“Enforcement investigations • E25/0290 - Unauthorised COU dwelling house (class C3) to a residential Institution (class C2). Works prior to planning permission – Case closed 26/06/2025 as no planning breach was identified.”

Officer report

What officers recommended

Officers recommended permission because the proposal was considered compatible with residential character, would meet a need for looked-after children and would not cause significant additional harm.

“It is considered the proposal has elements of a residential and commercial nature. The presence of 3 regular adults and 2 children in care is reflective of the numbers of people that could reasonably be expected to reside and come and go throughout the day in a 3-bed family dwelling. The nature of the staff carers being in attendance on a shift basis and the use of the word ‘staff’ being reflective of a commercial operation.”

“The proposal accords with paragraph 135 in that there would be no changes to the external appearance of the existing dwellinghouse, other than the conversion of the garage, therefore in appearance would remain sympathetic to the local residential character. It would also provide for inclusive and accessible housing for looked after children, addressing an overwhelming demand for the type of accommodation being proposed. Fear of crime is considered later in this report.”

Officer report

Consultation responses

Highways, trees, fire service and waste officers raised no objections, while police objected over management, training, lighting and security matters.

“West Midlands Fire Service No objections. This proposal does not appear to have any detrimental impact on B5 Access & Facilities, as such there are no adverse comments. Adherence to Building Regulations approved document B5 required – Note for applicant on Building Regulations.”

“West Midlands Police Objection on the grounds of the following non-material planning matters – business of the applicant/company directors, staff training, qualifications and DBS status, lack of site management plan, lack of lighting and security information.”

Officer report

Objections from residents

Residents objected to changes in neighbourhood character, traffic, parking, safety, noise, consultation, enforcement, the garage conversion and children’s welfare.

“Impacts on character of the locality • Disruption of the established residential nature of the street. This is a quiet, family- oriented residential neighbourhood. • The use as a commercial business in a residential neighbourhood. • There is a shortage of family homes. • Approval would set a precedent for further conversions to institutional use which could cumulatively erode the residential character and cohesion of the neighbourhood.”

“Impacts on vehicle movements, parking and highway and pedestrian safety • Increased vehicle traffic, parking pressure, on street parking – risks for pedestrian and highway safety • The driveway only has parking space for 2 cars. • Additional visits by parents, social workers and clinicians could be difficult to quantify. • The application claims that there is off-street parking available for four cars at the address, along with plenty of unrestricted street parking.”

Officer report

What speakers said

Two speakers opposed the application over parking, pedestrian safety, staffing, children’s safety, consultation and the garage, while the agent spoke in support.

The committee debate

Members were concerned about increased highway use and safety, while the solicitor warned that anecdotal and verbal evidence might not justify refusal.

“Debating the application, several members expressed concern that the proposal may intensify highway usage and that there would be a detriment to highway safety, as evidenced by the residents’ objections.”

“The Principal Solicitor advised the Committee that the use anecdotal and verbal evidence may not be a sufficient reason for refusal and would be liable to challenge should it be relied upon at an appeal.”

Minutes

The committee’s decision

The committee refused permission by a majority, contrary to the officer recommendation.

“It was moved by Councillor Samra and seconded by Councillor Gandham and upon being put to the vote it was;”

“That Planning Committee refuse permission for application 25/0584, contrary to the officers’ recommendation, on the grounds that: The proposal would negatively impact highways safety due to the potential for increased on-street parking and increased conflict with pedestrians and cyclists as vehicles enter and exit the site; The Proposed use would result in a commercialisation of the area, resulting in a negative impact on the area’s character and neighbouring amenity.”

Minutes