DONCASTER METROPOLITAN BOROUGH COUNCIL. PLANNING COMMITTEE - 17th September Expiry Date: Without Compliance with Condition Sect73

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1 DONCASTER METROPOLITAN BOROUGH COUNCIL PLANNING COMMITTEE - 17th September 2013 Application 6 Application Number: 13/01248/WCC Application Expiry Date: 6th August 2013 Application Type: Proposal Description: At: Without Compliance with Condition Sect73 Change of use of dwelling (Class C3) to semi-independent living accommodation for a maximum of 3 residents (Sui Generis) (without compliance with condition 01 of planning application 11/01316/COU granted on 29/06/11 - temporary permission for 2 years). 7 Spilsby Close Cantley Doncaster DN4 6TJ For: Future 19 Third Party Reps: 1 Parish: Ward: Finningley Author of Report MAIN RECOMMENDATION: Natalie Dickman GRANT

2 1.0 Reason for Report 1.1 The application is being presented to Planning Committee as the proposal was previously determined by Planning Committee. Whereby planning permission was granted planning permission for a temporary period in Proposal and Background 2.1 The application is for the change of use of dwelling (Class C3) to semi-independent living accommodation for a maximum of 3 residents (Sui Generis) (without compliance with condition 01 of planning application 11/01316/COU granted on 29/06/11 - temporary permission for 2 years). 2.2 The Planning Committee previously approved the proposal for a temporary period to enable further assessment of the use following this period in the interest of residential amenity in accordance with policies PH 11 and PH 14 of the Doncaster Unitary Development Plan (adopted in 1998). The two year period has now passed and the application is being presented to committee to consider the use that has been implemented for two years and whether a permanent permission is appropriate. 2.3 The applicant sought planning permission for the change of use of a semi-detached residential property to a care facility to provide semi-independent living accommodation for three care leavers aged There are no external changes proposed. Residents are to be supervised 24 hours per day, 7 days per week by 1 full time member of staff, 1 part time member of staff, sessional staff (evening shifts) and a member of staff during the night with an additional 'on call' support worker if needed. 2.4 The property has a capacity for 3 care leavers aged between years. The children will be placed in the property by DMBC following leaving full time care, such as foster care. The residents will be living semi-independently and not as a family unit, despite there being care provided 24 hours per day. The aim of the facility is to provide education and training to enable residents to live independently following their 18th birthday, as the Government is unlikely to provide funding beyond this age. At 18, the residents will be eligible for tenancy, however they are able to leave the facility at any time and live independently. 2.5 The property is a semi-detached two storey dwelling located within a residential area. There is a driveway to the side leading to a detached single garage. There is no boundary treatment to the site's frontage. To the rear of the property are single storey dwellings. 2.6 The site is located within a Residential Policy Area, as defined by the Doncaster Unitary Development Plan (adopted in 1998). 3.0 Relevant Planning History /01316/COU - Change of use of dwelling (Class C3) to semi-independent living accommodation for a maximum of 3 residents (Sui Generis), granted for two years. 4.0 Representations

3 4.1 The previous application that was presented to the planning committee received 17 letters of objection, including a representation from Cllr Porritt and a petition of 93 signatures in opposition to the proposal. 5 letters of support were also been received. 4.2 All the interested parties from the previous application were notified of this application. One letter of representation has been received in support of the application stating that as a neighbour to the site they are happy with the relationship they have with the property. The Manager and residents are friendly and there have been no instances of anti-social behaviour or excessive noise. The house is always occupied 24/7 by a staff member thus avoiding any opportunity for any conflict to take place. No other representations have been received. 5.0 Parish Council 5.1 There is no relevant Parish Council. 6.0 Relevant Consultations 6.1 DMBC's Health and Public Protection have been consulted on this application but no response has been received. 6.2 DMBC Children s And Families have responded to the consultation and support the site as it's a small 3 bed home which we have a shortage of on the 16+ side in Doncaster. They state that additional information illustrating the letter of support from the neighbouring property and the information from the local police station stating there have been no incidents of anti-social behaviour show that the application should be supported. 7.0 Relevant Policy and Strategic Context 7.1 Doncaster Unitary Development Plan 1998 Although Doncaster has adopted the Core Strategy there remains a number of policies that have been saved within the Unitary Development Plan. Those that are applicable in these circumstances are: PH 10 - Loss of Residential Accommodation PH 11 - Development in Residential Policy Areas. 7.2 Core Strategy The Doncaster LDF Core Strategy was formally adopted on the 18th May 2012, and is now the applicable development plan document at the local level. Policy 12: Housing Mix and Affordable Housing 8.0 Planning Issues and Discussion 8.1 The main issue relating to this application is assess if the previous approved development has impacted on residential amenity and whether a permanent permission is acceptable for the proposed use. 8.2 Since the temporary approval in 2011 the Doncaster LDF Core Strategy has been formally adopted and policy PH14 has been revoked and replace with Core Strategy policy 12. The policy states that proposals for sheltered accommodation and other specialist need accommodation will be supported where they are;

4 1. consistent and commensurate with identified need; 2. on sites suitable for other housing; and; 3. have good access to local services by means other than the car. 8.3 As the site has been used for two years for this use it is considered there is a clear identified need and is a suitable property which is seconded by the consultees response from Vicki Lawson, Assistant Director of Children and Families. Residential Amenity 8.4 Policy PH 11 (b) of the Doncaster Unitary Development Plan (UDP) states that within residential policy areas development for housing will normally be permitted except where the effect of the development on the amenities of occupiers of nearby properties would be unacceptable. 8.5 In terms of the impact on residential amenity, the main issue to consider is that of noise and disturbance created from the use from occupiers of the facility and comings and goings of staff to the facility and policy PH 11 of the UDP addresses this. As stated, the aim of the proposal is to provide accommodation for year olds who have left full time care and need assistance in preparing to live an independent life once care is no longer provided after 18. Those residents at the address will be able to leave the facility of their own accord at any time, they are not placed there compulsorily. 8.6 The applicant has advised that there will be one full time member of staff and one part time member of staff during the day. There are then sessional staff during the evening and one member of staff on call through the night, there will be a further on call support worker during the night, if required. Therefore, it is not considered that this number of staff would result in a high volume of comings and goings to the facility at inconvenient times of the day. Staff changeovers will take place at three times during the day. There is a large driveway capable of accommodating a number of vehicles and it is not indicated that the residents will have cars, although this is unlikely given the ages of some of the residents, it cannot be completely ruled out. There will only be 3 young people resident, therefore a large number of staff will not be required to supervise this small number. There will also be visits from social workers, although this is expected to be during normal working hours and on a monthly basis and would not cause unreasonable harm to residents. There are to be no additional refuse collections or deliveries to or from the property than any other domestic arrangement. 8.7 The use itself is mainly residential, and given the limited number of occupants, it is unlikely that it will generate any more noise or vehicular comings and goings than any other family, or group of people living in a three bedroomed house. In this respect, it is not considered any more harmful than any other property containing a number of teenage children. 8.8 The proposal is therefore considered to generally accord with policy PH 11 and will not cause any significant unreasonable harm to occupiers of neighbouring properties. Anti-Social Behaviour 8.9 The previous application raised concerns of anti-social behaviour that could be generated by the proposed use. The two year temporary permission has allowed the use

5 to go ahead and prove that these concerns were misplaced. The applicant has submitted a letter from South Yorkshire Police which states that that they have been tasked to look at any reports of Anti-Social behaviour around Spilsby Close, Cantley and to provide a summary report. Over the last 13 months there is nothing apparent that is out of character in regards to incidents or crimes in that area. Crime and incident figures are comparable with figure in and around Cantley. The officers work with Future 19 and keep in regular contact. They have had no reason to attend the location other than for general engagement As previously mentioned one letter of representation has been received in support of the application stating that as a neighbour to the site they are happy with the relationship they have with the property. The Manager and residents are friendly and there have been no instances of anti-social behaviour or excessive noise. The house is always occupied 24/7 by a staff member thus avoiding any opportunity for any conflict to take place It is considered that this two year period has allowed the site manager to prove to the Planning Authority and local residents that the use is appropriate for the area and does not contribute to issues of crime and anti-social behaviour in the local area any more than a standard residential property, with no incidents having been reported in the last 13 months. Summary and Conclusion The facility has existed for two years and the managers have had chance over this period to prove that the use at the site has no adverse impact on the local community and serves an identified need. The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act The recommendation will not interfere with the applicant s and/or objector s right to respect for his private and family life, his home and his correspondence. RECOMMENDATION Planning Permission GRANTED subject to the following conditions. 01. STAT1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 91(as amended) of the Town and Country Planning Act 1990.

6 Reasons(s) for Granting Planning Permission: STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION The Local Planning Authority has decided to grant planning permission:- 1. Having regard to the policies and Doncaster Council's Core Strategy and the saved Doncaster Unitary Development Plan 1998 policies set out below, and all relevant material planning considerations: National Planning Policy Framework Doncaster Council s Core Strategy Policy 12: Housing Mix and Affordable Housing Saved Doncaster Unitary Development Plan PH 10 - Loss of Residential Accommodation PH 11 - Development in Residential Policy Areas. 2. For the following reasons: Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed change of use of dwelling (Class C3) to semi-independent living accommodation for a maximum of 3 residents (Sui Generis) (without compliance with condition 01 of planning application 11/01316/COU granted on 29/06/11 - temporary permission for 2 years). is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the National Planning Policy Framework, Doncaster Council's Core Strategy and the saved policies of the Doncaster Unitary Development Plan, justifies the recommendation as the facility has existed for two years and the managers have had chance over this period to prove that the use at the site has no adverse impact on the local community and serves an identified need. N.B. The foregoing Statement is a summary of the main considerations leading to the decision to grant permission. More detailed information may be obtained from the Planning Officer's Report and the application case file and associated documents, which may be viewed on the Council's Website

7 Appendix A Location Plan Appendix B Site Photograph

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