Agenda item

Committee considered a report in relation to the above application presented by the Development Management and Land Charges Manager, who gave details of the application and highlighted the location and features of the site and key issues.  The application sought approval for the change of use of the existing dwelling to a children’s home for 1 child between the age of 6 - 17.  The home was intended to operate with 2 members of staff on site 24hrs a day with a manager also on site during the day.  No external changes were proposed to the dwelling.

The application was referred to the Committee for determination due to a call-in request from Councillor Donna Hales.

Balbier Dhillon (the Agent) spoke in favour of the application.

In answer to a question, Balbier Dhillon informed the Committee that social services would be responsible for placing a child and that they may not currently live within the District.

In answer to questions on parking, Balbier Dhillon stated 2 vehicles would be parked on the driveway at night and if 3 vehicles were present during handover (with 1 temporarily parked on the highway) this would not be out of the norm for a residential property – some dwellings with 4 adults had the potential for 4 vehicles.

A Member informed of a previous career in Children and Family Services at Derbyshire County Council and enquired about asked on the level of care the child might require.  Balbier Dhillon informed it would depend on the request by the local authority.

A statement on the application was read out on behalf of Councillor Donna Hales.

A Member noted Ofsted would be responsible for ensuring the property was suitable to house a child.  A Member agreed, reiterating responsibility would lie with Ofsted and that Derbyshire County Council had made clear of the need for the provision of such proposals.

6 in favour

1 against

Moved by Councillor Phil Smith and seconded by Councillor Steve Fritchley

RESOLVED that application no. 26/00033/FUL be APPROVED subject to the following conditions:

1.     The development must be begun before the expiration of three years from the date of this permission.

2.     Before the use hereby approved is first implemented, a noise management plan must be submitted to and approved in writing by the Local Planning Authority.  The approved noise management plan must be implemented in full concurrent with the first occupation of the site and must continue to be implemented in accordance with the approved scheme thereafter.

3.     Notwithstanding the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that order with or without modification) the premises must be used only as a children’s care home for 1 child and for no other purpose (including any other use falling within Class C2 of the Order).

4.     There must be no more than three members of staff on shift at the premises at any time unless otherwise agreed in writing by the Local Planning Authority.

Reasons

1.     To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

2.     In the interest of residential amenity in accordance with policies SC3 and SC11 of the Local Plan for Bolsover District.

3.     In the interest of residential amenity and highway safety in accordance with policies SC3 and SC11 of the Local Plan for Bolsover District.

4.     In the interest of highway safety in accordance with policy SC3 of the Local Plan for Bolsover District.

Notes

1.     BNG 2

2.     The three members of staff on shift must include the manager and carers on site.

Statement of Decision Process

Officers have worked positively and pro-actively with the applicant to address issues raised during the consideration of the application.  The proposal has been considered against the policies and guidelines adopted by the Council and the decision has been taken in accordance with the guidelines of the Framework. 

Equalities Statement

Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e., “the Public Sector Equality Duty”).

In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.

Human Rights Statement

The specific Articles of the European Commission on Human Rights (‘the ECHR’) relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process.  In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.