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DC/2019/00322 30 Cambridge Road Formby Liverpool L37 2EL

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DC/2019/00322 30 Cambridge Road Formby Liverpool L37 2EL Report to: PLANNING COMMITTEE Date of Meeting: 24th April 2019 Subject: DC/2019/00322 30 Cambridge Road Formby Liverpool L37 2EL Proposal: Variation of condition 3 attached to planning application DC/2017/01460 granted 06/02/2018 to enable the premises to be used as a Children's Home for children up to, and including, the age of 18 years old. Applicant: Family Care (Group) Ltd Agent: Mr Mike Lloyd Ward: Harington Ward Summary The proposal seeks to vary condition 3 pursuant to planning application DC/2017/01460, to enable the premises to be used as a Children's Home for children up to, and including the age of 18 years of age. It is considered that the proposed variation will not have any significant impact. Therefore the variation of condition is considered to be acceptable and approval is recommended. Recommendation: Approve with Conditions Case Officer Mr Stephen O'Reilly Email [email protected] Telephone 0345 140 0845 (option 4) Application documents and plans are available at: http://pa.sefton.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=PMZBAQNWJTQ00 Site Location Plan The Site The application property is a large two storey detached property located within a primarily residential area. The property has a rear garden and front paved drive accessed off Cambridge Road. A similar detached property is sited immediately east of the application property with residential beyond, whilst residential properties side face the application property from the south and north. Cambridge Field, an area of public green space, bounds the site to the west. The site has a previous planning consent which allows the use of the property as a Children's care home. This is designated as Use C2 in the Use Classes Order. History DC/2017/01460, Change of use from residential (C3) to children's care home (C2). Approved 17 January 2018. Consultations Children’s Services No concerns with regards to the amendment. Neighbour Representations 18 letters of objection have been received. The issues raised include: Allowing adults and likely trouble this will bring Unacceptable to extend the application to allow 18 year olds How can a Children's Home accommodate adults Feasible to control children if they enter into unsociable behaviour, not sure of 18 year old adults Concerned will lead to a rise in crime and anti-social behaviour Softening of conditions and further relaxations Family Care went to great pains to assure that they would make no further applications, yet 12 months down the line here we are again Sefton Council has a duty to its residents to abide by the conditions set out and put our interests before the profits of this business Granting will pose the serious risk of giving the green light to Family Care Group to seek a further softening or even the removal of the conditions Not enough time passed to allow changes without a local consultation Assurances from applicant that the sole purpose of the property was to supply homes for children up to the age of 17 Could the company still be designated a 'Children's Home' as it will be catering for adults? Would this result in a change of designation and require further changes to planning conditions Impact on property values and living conditions Number of properties adjacent have been put up for sale due to safety concerns, unjust that through no fault of the local residents our properties are being devalued We have been ignored with the initial application Will bring trouble and disruption to the area No good reason to use a home as a business Concerned at the amount of children passing and playing on the field Not appropriate to have a Children's Home within what is an exclusive residential part of Formby Residents worried regarding the effect this development will have on the local area containing extremely rare flora and fauna Site is within the immediate vicinity of local primary and secondary schools Would conflict with the principle 'to protect residential amenity for the future' for the whole area, not just to enhance minority business interests. Other issues Would you like it on your doorstep Issue with schools, Range High seen a decline in recent OFSTEAD due to children from Maghull attending and causing problems Cambridge Road is in the catchment and will only add to the situation Already a number of care homes in Formby Could allow the Family Care Group to sell the home to another provider. With regards to comments relating to future relaxation of conditions, this can not be taken into consideration as part of the application process. Each application has to be considered on its own merits as and when an application is received. Many of the issues raised have been considered as part of the original application for the premises to be used as a children's home and these issues will not be altered by the amended condition. Policy Context The application site lies within an area designated as Primarily Residential in the Sefton Local Plan which was adopted by the Council in April 2017. Assessment of the Proposal Planning application DC/2017/01460 considered the principle of the development and the impact on the living conditions of existing and future residents, impact on the character of the area and highway safety. The assessment of the proposal concluded: The proposed children's home would be an acceptable use in this primarily residential area. It would be operated by an experienced childcare provider for a small number of children. Having regard to the location/scale of the property, level of management and care to be provided and the number of children/staff to accommodate the premises, it is considered that the use would not harm the living conditions of existing or future residents, the character of the area or highway safety. Conditions can be applied to control the operator, to require detailed management arrangements for the type and level of care to be provided, and to restrict the number of residents. It is therefore considered that, subject to conditions, the proposal would comply with local and national planning policy. Condition 3 of the approved application states: The premises shall be used as a Children's Home for up to four children, up to the age of 17 years old, and for no other purpose (including any other purpose within Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). The proposed change would see the premises used for children up to and including the age of 18. The principle of the change of use has been established by approved application. The agent has confirmed that the proposed change would be to allow residents of the premises who turn 18 during their residency, to remain in the premises until such time as suitable alternative accommodation can be arranged. If the existing condition is applied strictly, it is possible that a young person would have to leave the premises without any suitable accommodation being provided. The variation would allow some flexibility in obtaining appropriate accommodation for residents. The agent has confirmed that this will be for current residents only and that new residents of 18 years of age will not be housed in the premises. An amended management plan has been submitted which confirms this. It is considered this would not have a significant impact as the stay would be for a limited period of time. The variation of condition is therefore considered to be acceptable and it is recommended that the variation of condition be approved. Recommendation - Approve with Conditions Approve with Conditions Conditions This application has been recommended for approval subject to the following conditions and associated reasons: 1) The premises shall only be operated by Family Care and by no one else. Reason: In order to ensure that living conditions of those living nearby are protected for the future. 2) The premises shall be used as a Children's Home for up to four children, up to the age 18 years old, and for no other purpose (including any other purpose within Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order with or without modification). Reason: In the interest of the living conditions of those living nearby. 3) The premises shall operate in accordance with the operation management plan. Reason: To ensure the use will be acceptably managed to protect the living conditions of both neighbouring residents and future occupants of the premises..
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