APPLICATION NO: - St Helens Council

Planning Committee
24/03/2015
APPLICATION NO:
LOCATION:
PROPOSAL:
WARD:
PARISH:
CASE OFFICER:
AGENT(S) / APPLICANT(S):
P/2015/0054
THE ELMS 50 COWLEY HILL LANE ST HELENS
MERSEYSIDE
Change of use from former NHS office and therapy
room to residential care facility.
Windle
N/A
Joanne Sheridan
DP DESIGN SERVICES MR DAVID PRICE
ECCLESTON
DEVELOPMENT PLAN ALLOCATION:
National Planning Policy (2012)
National Planning Policy Framework (NPPF)
St Helens Local Plan Core Strategy (2012)
CSS1 Overall Spatial Strategy
CP 1 Ensuring Quality Development in St. Helens
CP 2 Creating an Accessible St. Helens
CH 1 Meeting St. Helens’ Housing Requirement
CH 2 Meeting St. Helens’ Housing Needs
CQL 5 Social Infrastruture
See Section 3 - Policy Context
See Section 4 - Consultations
See Section 5 – Representations
See Section 6 – Planning History
Thirty two letters of objection, five circular letters and
a 34 signature petition received
Grant permisison subject to conditions
BACKGROUND PAPERS:
REPRESENTATIONS:
RECOMMENDATION:
/
1.0
Application Site
1.1
The site subject of the application is a well established, predominantly
residential area. This application relates to a site currently occupied by two
buildings, known as The Elms, Cowley Hill Lane. The Elms itself is a large
detached building, with good architectural detailing, although unfortunately
the widows have been replaced without thought to the original character of
the building. The building is set back into the site by approximately 16m, but
remains an imposing building in the street scene due to its scale and position.
The building has two large bay windows to the front, with the main entrance to
the building to the east. The building has been extended to the rear.
1.2
To the rear of this building is a second building which is single storey, and a
much later addition. There is one vehicular access to the site via Cowley Hill
Lane, although the site itself stretches eastwards and bounds Oxford Street.
1.3
The last use of both buildings were offices.
1.4
The site itself is physically bounded by residential properties to the north (still
under construction) and the south; by Oxford Road to the east and by Cowley
Hill Lane to the west. To the west across Cowley Hill Lane is Briars Green,
whose houses back onto Cowley Hill Lane.
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2.0
The Application
2.1
The proposal seeks to change the use of the property from office use
(formerly NHS office, Use Class B1) to a residential care facility (Use Class
C2).
2.2
The Elms (front building) would be the residential care facility. The ground
floor would have a lounge, games room, dining room, kitchen, respite room,
bathroom/toiliet facility and a staff room. At first floor, there would be four
bedrooms, bathroom/toilet facility, recereation room and a kitchen and to the
second floor there would be three bedrooms, bathroom/toilet facility,
recereation room and a kitchen.
2.3
The building to the rear would be retained as incidental offices and therefore
its use would not change as part of this application.
2.4
In planning terms, Use Class C2 covers hospitals, nursing homes, hospices
and childrens’s homes. Originally, the applicant did not state in their
application that the proposal was for a children’s home, but there was no
requirement to.
2.5
The applicant has been fully co-operative with the Council when further
information was requested.
2.6
The applicant submitted the following information on 17th February 2015:
‘The Elms if it is granted planning permission will develop a service for
children and young people who require therapeutic parenting approaches to
help them begin their road to recovery after suffering trauma, abuse and
neglect.
At present there are no children identified for the provision and this will not
happen until the purchase and planning is completed and the refurbishment
of the building can begin to transform the house into a family home. Whilst we
cannot specify our specific client group at this point, we can confirm that we
do not intend to be a rehabilitation provision for offenders.
Homescope is a company that has been in existence for 10 years and has a
good reputation with the commissioning authorities. The company currently
employs 20 members of staff. Homescope currently offers the following
services:
- Group semi -independent provision in the Sefton area for young
people leaving local authority care
- Floating support work for vulnerable adults in the Sefton and
Wigan area
- Supported Lodgings in the Wigan area
- Children’s residential home (Sefton Area)
The proposal for the development at the Elms will offer a very supportive
environment in which children and young people can access the interventions
they need to assist them to manage their behaviour and emotions. The
project will have sensory rooms and the facility to support children with their
education. The annexe will be home to the office where I will be situated
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supported by the administrative team.
The project will generate employment and opportunities for people in St
Helens and individuals who are already employed within the company.’
2.7
The applicant submitted the following information on 18th February 2015:
‘The age range of the children is not specified, but the range would be 6 to 18
depending on their needs. In our current residential provision we tend to work
with the lower age range, however we do have one 16 year old who is placed
due to her level of cognitive ability.
We have applied for the maximum of 7 places, however we do not anticipate
having this number of children at one time and may reduce this according to
the needs of the children placed. Certainly we intend to build the service
slowly and would only anticipate working with a maximum of 4 children in the
first 12-18 months. Part of the reasoning for this is to embed specialist
approaches within a new team of staff and part, because the match and blend
of children living together is vital for success. In our provision in Liverpool we
have run at 75% occupancy for nearly 2 years due to the complexity of need.
We are an ethical provider who's main concern is the well-being of the
children we care for.
The number of staff will be relevant to the number of children placed. If we
assumed 4 children for the first 12-18 months we would have two residential
staff and a manager. The staff based with myself in the office building would
be one full time administrator, one part time finance worker, one part time HR
and one part time consultant.
Currently we have a residential provision in Waterloo which is home to three
children who require quite specialist approaches to enable them to recover
trauma and abuse. The home has had successful outcomes and we pride
ourselves on being unique in the fact that it really is a warm and nurturing
environment. Staff are highly trained and receive consultation to assist their
approaches from an psychotherapist. We work with children from Sefton and
Wigan and have positive feedback from all other professionals and
commissioners. During the planning stage neighbours were concerned about
the housing of offenders, but now are sympathetic to the work we do and in
the main have positive things to say. We have had one issue with the next
door neighbour, but this has been resolved through consultation and
relationship building.’
2.8
No external alterations are proposed as part of this application.
3.0
Policy Context
3.1
The application has been considered having regard to Article 1 of the First
Protocol of the Human Rights Act 1998, which sets out a persons rights to the
peaceful enjoyment of property and Article 8 of the Convention of the same
Act which sets out his/her rights in respect for private and family life and for
the home. Officers consider that the proposed development would not be
contrary to the provisions of the above Articles in respect of the human rights
of surrounding residents/occupiers.
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3.2
This application has been considered in relation to Section 17 of The Crime
and Disorder Act. The Police have been afforded the opportunity to comment
on this scheme – see section 4 Consultations.
3.3
The application has been considered in accordance with the St Helens
Council’s Comprehensive Equality Policy, which seeks to prevent unlawful
discrimination, promote equality of opportunity and good relations between
people in a diverse community. In this case the proposed development is not
anticipated to have any potential impact from an equality perspective.
3.4
The following policies are relevant to the determination of this application:
3.5
National Planning Policy Framework
The Framework states that there is a presumption in favour of sustainable
development which should be seen as a golden thread running through plan
making and decision taking. For decision taking, this means that
developments which accord with the development plan should be approved
without delay unless material considerations indicate otherwise.
Paragraph 19 states that planning should encourage and not act as an
impediment to sustainable growth, significant weight should be placed on the
need to support economic growth through the planning system.
3.6
Development Plan
The adopted development plan for St Helens consists of the St Helens Local
Plan Core Strategy (adopted 2012); saved policies in the St Helens Unitary
Development Plan (adopted 1998); and the Joint Merseyside and Halton
Waste Local Plan (adopted 2013).
3.7
St Helens Local Plan Core Strategy (2012)
The following policies are relevant:
CSS1 Overall Spatial Strategy
CP1 Ensuring Quality Development in St Helens
CP2 Creating an Accessible St Helens
CH 1 Meeting St. Helens’ Housing Requirement
CH 2 Meeting St. Helens’ Housing Needs
CQL 5 Social Infrastruture
3.8
Saved Policies of the St Helens Unitary Development Plan
No polices applicable.
4.0
Consultations
4.1
Highways Advisor: It is considered that the proposed residential facility and
retained office accommodation to the rear of the site, will generate similar
levels of activity/parking to previous historic levels, when the premises served
as an NHS health facility.
Bearing this in mind, and given the access arrangement, parking and
servicing provision within the site, which is deemed acceptable to serve the
proposal, there are not considered to be any significant highway implications,
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and there are no objections subject to appropriate conditions being attached
to any approval subsequently granted.
4.2
Council’s Children and Young Peoples Service (CYPS) : CYPS have met with
this Company and they have outlined their plans for this new home. This is
not a provision CYPS have encouraged or asked for – the applicant asked for
a meeting once they had bought the building and wanted to outline their plans
The proposal is very much like the 'Briers Hey' 8 bed development that is
currently being developed in Rainhill by Raphael Healthcare; CYPS have
talked to the applicant regarding bringing in young people from other Local
Authorities and advised that St Helens Council would not want complex
young people 'importing' from Southern Authorities to fill the beds and make it
financially viable.
Currently in this vicinity are:
Inspire - 2 bed children's home & 3/4 bed semi independent unit
Moving Up - 4 bed semi independent unit
PIC - 1 bed childrens home
SHAP 162 8 bed accommodation project is also fairly close by.
St Helens is sufficient in general accommodation. When Briers Hey opens
(dependent on their quality), St Helens should have a provision that also
caters for more complex needs albeit a large provision. There is provision
already in the same street which could be problematic. The proximity to the
other settings has the potential to cause problems in the community as young
people tend to gravitate to each other.
4.3
Police: St Helens is sufficient in general accommodation. When Briers Hey
opens (dependent on their quality), St Helens should have a provision that
also caters for more complex needs albeit a large provision. There is
provision already in the same street which could be problematic.
5.0
Representations
5.1
The application was publicised by individual neighbour notification letters and
by site notices.
5.2
As a result of the publicity given to the application, 32 letters of objection have
been received, 5 circular letters and one petition with 34 signatures.
5.3
The letters raise the following issues:
Increase in anti-social behaviour
The proposal would have a negative impact on the area
Significant increase in traffic and emergency vehicles visiting the property
The change of use will cause an atmosphere of unrest
This type of use is not suitable for a quiet residential area which consists
of families, young children, vulnerable adults and the elderly
The area is predominantly family homes with a lot of children playing in
the area and parks
Concern that the quiet residential area would be interrupted by the
proposal to house young males
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Concern about the concentration and number of young people of a
similar age in a single dwelling
Potential for noise and disruptive behaviour
This is not a suitable area or a residential care facility for children up to
the age of 18 and who may be young offenders
Private properties would be overlooked by this residence
The upper floor of the building can see directly into private property
The property has not been used for residential purposes for years and
only occupied from 9-5 during the week; if the property is occupied 24/7
privacy will be affected all the time
Information has not been shared with residents which is suspicious
The applicant should make their intention clear to the public before the
application is granted
Understand that this is for the rehabilitation for 16-18 years olds and will
house 6/7 adults
Been informed by a reliable source that the care facility is going to be
used for 16-18 year old males who have been in care and may be exoffenders
Remind the Council of their obligation to safeguard the local community
It is clear that the emergency services will be called to the premises quite
often to assist the staff in the residents control and management
The residential care will mean the site is occupied by persons who may
potentially cause vandalism, damage and graffiti to neighbouring
properties
Already have a rehabilitation home at Wolsely Road
Disappointment by the lack of public consultation undertaken
The applicant shows a complete disregard for the impact their application
would have on local residents
Concern that this application is a device to gain consent for a home on
the site, despite the fact that a 7 bed unit is economically unsound to gain
consent to redevelop for a larger home
No provision for outdoor space
Did not consult properties at Briars Green and there has been no notice
in the local press
An impression has been created that the application has been handled in
such a way as to minimise objections
The underhand way the Council has dealt with this - not given any
advance notice that this was in the pipeline because of the ill feeling they
must have known it would cause
It will become a meeting point for all the other teenagers in the area and
will have rubbish and other unsavoury objects littering the street as well
as foul language and loud music
Devalue house prices in the area
The proposal could affect house prices of the new development any
many neighbours could go straight into negative equity
This proposal could house people up to the age of 23 and even older
according to the applicants’ own information
Does this proposal include any registered SO, schedule 2 YP, young
offenders
Inadequate car parking with 14 spaces for 15 staff; parking already an
issue in the area
Not enough information has been provided with regards to the proposed
use
The need for the development has not been established
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The use C2 is defined as “use for a provision of secure residential
accommodation, including as a prison, young offenders institution,
detention centre, secure training centre, custody centre, short term
holding centre, secure hospital, secure local authority accommodation or
use a military barracks.”
The recreation area lead to noise
Loss of privacy and amenity and takes no account of Jubilee Gardens
development
Highways Assessment is required
Proposal would be contrary to CH 2, CP1, St Helens Householder
Development SPD and St Helens Ensuring a Choice of Travel SPD
One letter of objection states is also accompanied by two appeal decisions
relating to two dismissed appeals for similar uses in residential areas.
6.0
Planning History
6.1
1291/003: Erection of a single storey detached pitched roof building to form
Health Authority Community Offices together with provision of parking areas.
Granted 12th March 1992.
7.0
Assessment
7.1
The main policy to consider is Core Strategy policy CP 1 'Ensuring Quality
Development in St Helens' which states that all proposals for development
are expected to maintain or enhance the overall character and appearance of
the local environment and be sympathetic to surrounding land uses and
occupiers, avoiding detrimental impact on the amenities of the local area, in
particular residential amenities. Core Strategy policy CP 2 'Creating an
Accessible St Helens' applies which seeks to ensure adequate parking is
made available for development proposals. Also applicable are CH 1
'Meeting St Helens' Housing Requirement' which seeks to ensure the net
housing requirement for St Helens over the plan period by supporting the
reuse and conversion of appropriate buildings for housing and CH 2 also
applies which seeks to meet the need of housing in St Helens by providing a
suitable mix of housing to deliver sustainable communities.
7.2
Principle of residential care facility:
7.2.1
The proposal seeks to convert The Elms into a residential care facility. The
application is submitted by Home Scope who, should planning permission be
granted, state that they aim to develop a service for children and young
people who require therapeutic parenting approaches to help them begin their
road to recovery after suffering trauma, abuse and neglect.
7.2.2
The proposed change of use is residential in character, although not a
dwelling house as such. The use would be very low key being a residential
care home for young people who require a safe environment where
appropriate treatment therapies can be administered. This use falls within
Class C2 of the Use Classes Order 1987 (as amended). The applicant has
indicated that most clients would be younger teenagers with older individuals
catered for on occasion. The proposal is not to accommodate those who
have previously committed an offence or those requiring a secure
environment (secure facilities do not fall within Class C2 but rather a
specifically defined Class C2A).
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7.2.3
Regardless of the age of the occupiers of the proposal, the question is
whether or not the conversion of the office building, which lies within a well
established residential area, is appropriate to be changed into a residential
care facility.
7.2.4
It is considered that the proposal is acceptable and would comply with Core
Strategy policy CP 1, as the proposal would bring a large, vacant three storey
building back into use and residential use. The fact it is a residential care
facility means it would be in keeping with the area. Policy CP1 seeks to
protect the character of the area where the proposed development is located.
An overconcentration of such facilities can alter the character of an area. In
this instance, whilst it is acknowledged that other care facilities exist in the
wider area, they are not so concentrated that such an impact on character
can be demonstrated. Furthermore, the Core Strategy does not contain a
specific planning policy on the need, or otherwise, for such facilities
Therefore, the applicant does not need to demonstrate there is a need for a
such a facility in St Helens and this cannot be regarded as a determining
factor.
7.2.5
The proposal would also comply with CH 1 which states that the Council’s
housing requirement will be achieved through the supporting the reuse and
conversion of appropriate buildings for housing and CH 2 which states that a
suitable mix of high quality housing will be provided to deliver sustainable
communities by planning for extra care and supported housing appropriate to
local needs.
7.2.6
Overall, The Elms is considered to be appropriate for the use proposed in that
it is a large detached building, in a well established residential area. A
residential area is also considered to be appropriate to establish a residential
care facility, whether that be for children or adults.
7.3
Car parking and servicing:
7.3.1
The site has adequate parking provision and this is accepted by the Council’s
Highways Advisor (see section 4.0 consultations). The proposal complies with
CP 2 as adequate car parking is to be provided as part of the proposal. Car
parking will be secured by condition.
7.4
Objections received:
The main issues raised by residents seem to be regarding the type of person
who would be cared for at the facility, anti social behaviour, noise and general
disturbance, car parking and loss of privacy and amenity.
7.4.1
Persons cared for:
A lot of the letters make reference to the 'type' of person being cared for with
a lot of residents stating 16-18 year old male young offenders and should the
application be granted and raise concerns of anti social behaviour, noise and
disturbance. It is not the purpose of the planning system to control the
tenants/occupiers residential care facilities and this is not a material planning
consideration. With that said, the applicant did provide information regarding
the care they provide. The applicant has stated there are a maximum of 7
residents requiring care. The applicant is not specific regarding age range.
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The Use Class being applied for is C2 ‘Residential Institution’ which includes
childrens homes, nursing homes and hospitals.
7.4.2
Anti-social behaviour, noise and general disturbance:
All children’s homes are inspected by OFSTED. The standard the homes are
inspected against is the ‘National Minimum Care Standards for Residential
Care.’ Those running the home would therefore have responsibility for
ensuring that the children behaved in a reasonable and acceptable manner.
Other legislation includes Children’s Homes Regulations 2001 and Children
Act 2004. It is explicitly advised by Government that it is not the purpose of
planning to duplicate the controls of other legislation.
7.4.4
Privacy and amenity:
With specific reference to the objections received, some letters raise issues of
privacy and overlooking. Obviously the internal layout of the dwelling is
proposed to be altered to accommodate the bedrooms and recreation rooms
required to allow the building to function. It is not considered that this
proposal adversely changes the current situation in terms of privacy and
overlooking in that no extensions are proposed and no additional windows are
proposed therefore the objectors property would be largely unaffected by the
proposal. The interface distance between this property and the properties to
the rear is 25m. The proposal is considered to comply with policy CP 1 which
states that development proposals should be sympathetic to surrounding land
uses and occupiers, avoiding detrimental impact on the amenities of the local
area, in particular residential amenity and also ensure that the amenities of
occupiers of new development.
8.0
Conclusions
8.1
The change of use is considered to be acceptable and would be in keeping
with the character of the existing residential area. This proposal would bring
back into use, a large, vacant property within a residential area to be used for
residential purposes again which is to be viewed positively. The change of
use provides an adequate level of parking for the proposed use. The
proposal would accord with the provisions of St Helens Local Plan Core
Strategy policy CP 1 and National Planning Policy Framework paragraph 51.
9.0
Recommendation
9.1
Grant planning permission subject to the following conditions:
1. The development must be begun within three years of the date of this
decision notice.
2. The development shall not be brought into use until the areas indicated on
the submitted plans to be set aside for parking and servicing have been
surfaced, drained and permanently marked out or demarcated in
accordance with the details and specifications shown. The parking and
servicing areas shall be retained as such thereafter.
3. No development shall take place until a scheme for the provision of cycle
parking, in accordance with the Council’s current standards, has been
submitted to and approved in writing by the Council as Local Planning
Authority. The scheme shall be implemented as approved before any part
of the development is brought into use and shall be retained as such
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thereafter. Notwithstanding the provisions of the Town and Country
Planning Act (General Permitted Development) Order 1995 (or any Order
revoking or re-enacting that Order) no Building works, which reduce this
provision, shall take place except following the express grant of planning
permission by the Council.
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10.0
Images
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View from Cowley Hill Lane
View from Cowley Hill Lane
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Existing office building to the rear
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