Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for permission for a change of use from a single family dwellinghouse (Use Class C3) into a Residential Care Home (Use Class C2) and the erection of a fence above the existing boundary wall at 28 Lingwell Avenue, Middleton, Leeds, LS10 3SU.

The report of the Chief Planning Officer presented an application for the permission of a change of use from single family dwellinghouse (Use Class C3) into a residential care home (Use Class C2) and the erection of a fence above the existing boundary wall at 28 Lingwell Avenue, Middleton, Leeds, LS10 3SU.

Photographs and slides were shown throughout the officer presentation, and the following information was provided:

·  The applicant seeks permission for a change of use from a single family dwellinghouse (C3) to a Residential Care Home for children with special and learning disabilities between the ages of 8-17 years old (C2).

·  The accommodation will provide support to 2 children who will be receiving care and will be a place of work for 3-4 members of staff, who will be providing care for children residing there.

·  The applicant has proposed construction of a 1.8m close board timber fence behind the existing boundary wall and vegetation.

·  Main issues arising from the comments in objection is the principle of the development, highway safety and amenity issues. Residents object on the grounds that the proposals negatively impact the established character of the locality, and the introduction of a care home is considered inappropriate.

·  Officers believe that the care of 2 children is low intensity and the same as a traditional family of 4 living in a dwellinghouse, and it will not disrupt the residential character of the area.

·  2 bedrooms will be located to the front of the property, and there will be a sensory room and staff lounge to the rear.

·  The existing fence is not compliant with design guidance. The proposed fence is not as visible in the street scene and set behind the vegetation, to minimise overshadowing issues.

·  Objections relate to concerns over increased on-street parking and traffic congestion, as well as public and highway safety concerns. It is considered that the existing parking provisions onsite is acceptable and there is sufficient space to the side of the property, front and rear.

A local resident and local ward member attended the meeting as objectors to the application to present their case. The local resident provided the following information: -

·  He has lived in the locality for 41 years, and his views are the views of most residents, and surrounding areas. He provided some background context of the locality, and how it is mainly a residential area with a mix of properties. He explained there is more than 100 properties directly affected by the proposals.

·  Mr Stone explained that future sellers of their homes in the area, will have to notify sellers of the development of the nearby proposal and this may have an impact on their house sale.

·  The applicant has not consulted with residents on the proposals.

·  Concerns whether the children will contribute to anti-social behaviour issues.

·  Clarity on the security arrangements at the site, particularly through the night, and plans in place for children escaping.

·  Clarity on due diligence checks.

Further to a question for a Panel Member, the local resident explained the applicant is not local to the area and believes they are based in Cheshire.

The applicant and their representative attended the meeting, and provided the Panel with the following information:

·  Information has been submitted regarding management and how the application accords with planning policies. The dwelling is in a sustainable location and Madiba is locally based, Gelderd Road in Leeds. They also have properties throughout Yorkshire.

·  The children cared for by Madiba are typically special educational needs and disabilities and will not be leaving the property without a member of staff. The children will not be wandering around the community on their own because they are considered vulnerable.

·  Most of the parking will be on the property and there are options to look at staff car sharing, and shifts will not be swapped through the day. Staff will be sleeping over at the property, so there will be no car changes throughout the night.

·  Noise will be minimal, and it is believed to generate a similar amount of noise, to a family living in the house.

·  Madiba looks after children with very complex disabilities. They are in a cohort where the children are not safe to be outside without an adult.

·  Madiba will share contact details with the community and want to integrate and build on good relationships with neighbours.

·  Madiba has an experienced back-office team and are an established provider of children’s homes and working with local authorities throughout South and West Yorkshire.

Further to questions from Panel Members, the following was confirmed:

·  The current applicant did not apply for a certificate of lawful use to pre-empt planning permission.

·  Madiba is willing to engage with residents once planning permission is in place. There is a timescale implication in terms of securing properties and moving children into them.

·  Madiba is in conversations with commissioning for children in Leeds. Madiba will not offer places to other local authorities unless Leeds do not have any children. Madiba is also part of the White Rose Framework Arrangement which is overseen by Leeds.

·  Many of the children Madiba look after, are children subject to ‘deprivation of liberty orders’ and doors and gates must be locked, to keep them safe. There is a requirement for a fire safety system, and young people cannot open doors. There are also alarms on children’s doors throughout the night to alert members of staff if children are trying to get out of the room.

·  Madiba is regulated by Ofsted and managers of the homes must be agreed by Ofsted before young people can live there. Madiba currently has 3 homes in Huddersfield, 1 in Bradford, 1 in Sheffield and 2 in Rotherham. No reported cases of children escaping through the night.

·  There is a maximum number of 5 parking spaces onsite at any one time. There is also 2 access points to the property.

In responding to questions from Panel Members, officers confirmed the following information:

·  A member raised concern regarding the lack of consultation carried out with residents prior to the application being submitted. Officers confirmed that the applicant has agreed to undertake consultation with residents, and it is not for Panel Members to dictate whether the applicant will undertake proper consultation.

·  Further to a point of clarity regarding a condition on narrowing the use class of where the children are from (Leeds local authority area), the legal officer confirmed that is considered unlawful and narrowing such a use class would be challengeable.

·  Ofsted are the statutory body on considering whether properties are suitable.

Panel Members commented:

·  There is desperate need for this type of provision in the city and there are no planning grounds to prevent the property being used.

·  It is considered that the property will be more of a secure facility, with more safeguards for vulnerable children than that of a family home. Members commented that if it were a private dwellinghouse, the local authority would not have any control over the number of cars parked at the property.

·  The accommodation will clearly be used to deal with very specific issues in terms of young people who have extreme needs.

·  Madiba has a track record, and they can effectively manage the facility.

·  Whether there is a case for the Development Plan Panel to investigate a case for policy regarding these applications in the future.

Upon voting, the officer recommendation was moved and seconded. Therefore it was

RESOLVED – To grant planning permission as per the officer recommendation, as well as amending conditions relating to the Management Plan and Adherence to include a commitment to public consultation.