Yorkshire Dales National Park Authority

Application Code: E/16/4A Committee Date: 12/03/2019 Location: Cloverdale, Beck Lane, Smardale

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© Crown copyright and database rights 2017 Ordnance Survey 100023740. Additional information: © Yorkshire Dales National Park Authority YORKSHIRE DALES NATIONAL PARK AUTHORITY Planning Committee 12 March 2019 Schedule No:1

Application No: E/16/4A

District: Eden

Parish: Waitby

Applicant's Name: Mr G Jenkinson, A Wilderness Way Holdings Ltd

Grid Ref: NY74000823

Received by YDNP: 09/05/2018 Officer: Andrew Bishop

PROPOSAL: full planning permission for change of use of existing dwelling to Class C2 (residential institution)

LOCATION: Cloverdale, Beck Lane, Smardale

CONSULTEES Waitby & Smardale PM The representations made by Waitby and Smardale Parish Meeting are attached as addenda to this report. Cumbria County Local Highways Authority: no objection. Council Highways Lead Local Flood Authority: surface water maps do not indicate that the site is in an area of flooding risk. Fire & Rescue No objections. Eden District Council No objection. Cumbria Constabulary No objection. Cumbria County OFSTED regulates Children’s Homes. However if there Council are concerns about specific children and we can identify where the child is from we can approach the placing local authority about concerns. PUBLIC RESPONSES

Objections have been received from 5 correspondents who have raised the following issues:

-Transformation of care home to institution -Impact on the amenities of Smardale -Noise, disturbance and nuisance to residents -Increase in population of Smardale -No social benefit to Smardale -Safety of existing children -Emergency use open to interpretation -No control over future owners -Additional traffic -Parking -Lack of services -Flood risk

E/16/4A 12 Mar 2019 Schedule No:1 -Security fence and lighting -Lack of information from owners -Loss of parish precept -Impact on property prices RELEVANT PLANNING POLICIES LS1(E) - Locational Stractegy RU4 (E) - Employment Development and Farm Diversification in Rural Areas DEV1 (E) - General Approach to New Development DEV3 (E) - Transport, Accessibility and Rights of Way OFFICER OBSERVATIONS REASON FOR COMMITTEE CONSIDERATION This application is reported to the Planning Committee for the following reasons; at the request of Mr Patterson (see email on file - available on Members Extranet).

APPLICATION SITE Cloverdale is at Smardale, which is a small settlement of some 11 properties located in the open countryside some 3km to the west of Kirkby Stephen. Smardale does not have any community facilities, a shop or a bus service. There is no appreciable volume of through traffic along its narrow minor roads.

Cloverdale is a large modern, three storey, detached dwellinghouse, standing within a large garden with its own parking. The submitted floor plans identify that the building contains 9 bedrooms along with communal living spaces, education, games, music, office and service rooms. Its grounds adjoin the car park serving Smardale Nature Reserve and the walk along the course of the former railway line between Tebay and Darlington.

PROPOSAL The application is to change the use of the dwellinghouse (Use Class C3) to a residential institution (C2). The applicants A Wilderness Way Holdings Ltd, provide: “bespoke care solutions for children / young people who are looked after by local authorities”. The proposal is therefore for occupation by up to 6 children aged between 8 and 17+ years old and their 6 adult carers. The carers would occupy the premises on a shift basis. No physical changes are proposed to the property or its grounds.

RELEVANT PLANNING HISTORY A Certificate of Lawfulness (E/16/4/LDC) on the 18th December 2017 confirming that the use of Cloverdale as a dwellinghouse (C3) providing care and accommodation for no more than four children under the age of 18 years old, supported by up to two carers on a 24- hour shift rota basis living as a single household was lawful. The LDC was granted on the basis that the fulltime residential occupation of the building by four children and two adult care workers did not amount to a ‘material’ change of use for the purposes of the Town and Country Planning Act (1990) (as amended). Appeal decisions elsewhere have confirmed that occupation of a house by a mixture of up to 6 persons had the same affect in planning terms as if it was occupied by any family or group living together.

Cloverdale was built following an approval in March 2001 (01/0008). An enlargement of the residential curtilage was approved in January 2004 (03/1138). The proposed relocation of an approved double garage was refused in August 2016 (S/2016/572).

E/16/4A 12 Mar 2019 Schedule No:1

KEY ISSUES -principle of the development -residential amenity and privacy -highway safety -parish meeting comments

PRINCIPLE OF THE DEVELOPMENT Cloverdale is a dwellinghouse that is being used as a care home for up to 4 children with support from 2 care workers. The LDC approval made it clear that this was the maximum number of persons that could occupy the premises on a residential basis before an application for a change of use to a care home was triggered. Whilst the applicant considers that the terms of the LDC are generally considered to be appropriate for their intended day to day operations the application has been made as they wish to have the flexibility, at times of emergency, to house up to 6 children supported by up to 6 adult carers. The proposal is therefore for a change of use to a C2 - residential institution to allow 2 additional children and more carers to be housed so that they are on a one-for-one basis.

Cloverdale is a large dwelling with sufficient rooms to accommodate the proposed number of people without alteration or extension. It is set in its own large garden which provides adequate private amenity and parking space. The proposal is for a social care use run by the private sector. It would provide employment for staff, carers, support workers and trades in the surrounding area.

The National Planning Policy Framework 2019 (NPPF) establishes that the purpose of the planning system is to contribute to the achievement of sustainable development. The Framework includes three objectives in achieving sustainable development: economic, environmental and social.

The Framework advises that planning decisions should aim to achieve healthy, inclusive and safe places (para.91). Furthermore, to provide the social, recreational and cultural facilities and services the community needs, planning decisions should “take into account and support the delivery of local strategies to improve health, social and cultural well being for all sections of the community” (para. 92 b).

The Eden Local Plan (2014-2032) does not have a policy directly relating to the provision of residential institutions. The most relevant policies in the Eden Local Plan to assess the development are sections of policies LS1 and DEV1. These policies are generally supportive of proposals for the re-use of existing buildings in the countryside where this would contribute to providing sustainable rural communities whilst respecting the local landscape character and being sympathetic to the surrounding area.

Policy LS1 sets out the locational strategy for development in the area and identifies the settlement hierarchy. Smardale is not large enough to register as a small village or hamlet. The relevant section on rural areas states:

“Development will be restricted to the re-use of traditional buildings, the provision of affordable housing as an exception to policy only, or where proposals accord with other policies in the Local Plan….. Evidence will need to be given as to why the scheme’s benefits to the locality are such that it justifies an exception to policy.”

E/16/4A 12 Mar 2019 Schedule No:1 As Cloverdale is not a traditional building and the proposal is not that it would provide affordable housing it needs to accord with other policies in the Local Plan. The re-use of an existing dwelling house can be considered as a sustainable development, in principle.

Eden Local Plan Policy DEV1 – ‘General Approach to New Development’ states:

“When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves economic, social and environmental conditions in the area.”

The application site is within the area covered by the Upper Eden Neighbourhood Development Plan (2012-2025). However, none of its policies are directly relevant to the proposal.

The applicant states that the proposal would allow Cloverdale to continue to provide settled residential care, with a therapeutic emphasis, for children/young people to help them recover from experiences that have rendered them vulnerable. The applicant’s aim of providing such care in a rural location is to improve young people’s life chances and outcomes by enabling them to reflect in a safe, relaxed environment away from risks associated with their home areas.

It is considered that the proposal has clear social benefits to the wider community and contributes to meeting the social and education strategies of Cumbrian local authorities. The proposal therefore fits with the type of development that para. 92 of the NPPF advises should be supported by planning decisions.

RESIDENTIAL AMENITY AND PRIVACY The Waitby and Smardale Parish Meeting say that Smardale is a small community of some 21 permanent residents living in 10 residential properties, not counting Coverdale. The surrounding area has scattered farmsteads and can be considered to be a sparsely populated rural area.

Objectors are concerned that the children’s home will produce noise and disturbance and be a cause of nuisance to local residents. They consider that the scale of its accommodation is beyond the scope of the hamlet and that there would be no social benefit to the community from having additional children who are only resident on a short term basis. Concern has also been raised over the children that may be housed at Cloverdale and that they could have emotional, behavioural or other complex problems. Residents acknowledge that the Lawful Development Certificate allows a small number of children to live at the home and that the previous owner fostered up to 2 children at a time.

The applicant operates short, medium and long term placements for young people in their homes which are all located within rural areas. They are registered with the Office for Standards in Education, Children’s Services and Skills (OFSTED). Ofsted inspects and regulates services that care for children and young people, besides educational establishments. The children would be housed on a one-to-one basis with an adult carer and are therefore intended to have all the necessary supervision. The children are encouraged to go about normal day-to-day activities and this includes those of school age attending a local school. E/16/4A 12 Mar 2019 Schedule No:1

The applicant’s are operating Cloverdale as a safe home for children who may be classified as vulnerable for a number of reasons. The applicants have supported the application with a ‘Statement of Purpose’. This states that:

“We aim to provide a settled period of residential care, with a therapeutic emphasis, and multi-agency involvement, to help children and young people recover from experiences which have rendered them vulnerable and disrupted their primary relationships. Based in a rural community of Cumbria, our residential service is designed to improve young people’s life chances, and outcomes, by enabling them to have time to reflect in a safe, relaxed environment, away from the risks associated with their home areas.”

For the applicants the quiet rural location of Smardale, away from the attractions and distractions that the children may find in a town, makes it an appropriate location for the children’s care home.

The objectors consider that a residential home for 12 persons is incompatible with the size of Smardale. However the proposal would not increase the size of Cloverdale. As a dwelling house it is capable of accommodating a substantially larger family than the current 4 children and two adults. The large dwelling and garden of Smardale means that the property is capable of containing most of the noise and disturbance that may arise from an increase in its residential occupation. Any nuisance to neighbouring residents would not be significantly different to that which would be generated by a large family with children of the same size.

A degree of noise and activity would occur outside the building when staff arrive or leave for their shifts. The amount of activity may not be significantly different to that which would be caused by the activity and movements of a large family owning a number of cars who must leave and return every day for work, school etc. Due to the lack of alternatives any occupants of Cloverdale would need to use private transport for travel.

The Eden Environmental Health Officer has no objections and Cumbria County Council Children and Families Team have not raised any concerns or objections.

Objectors have referred to a number of incidents requiring Police attendance when there was only one or two children in residence at the home. They say that this has increased their fear of crime and fear for personal safety. The Police have to immediately respond to a call involving the children due to their own vulnerability and can be triggered by the location of a child being temporarily unknown. Police attendance at Cloverdale does therefore not necessarily indicate that there is an incidence of anti-social behaviour.

The Police Crime Prevention Design Advisor initially raised objections to the proposed increase in children at Cloverdale. Following discussions between the applicants and the police and the submission of a ‘Statement of Purpose’ the objection has been withdrawn. The statement formalises Police involvement in the admission process when a child or young person is being assessed for the home. The Statement of Purpose states that:

“As part of the matching process Cloverdale will consult and involve Cumbria Police as part of the admission and matching procedure prior to any placement being offered to a young person. This is to ensure Cloverdale have the best possible information on a young person for matching purposes.”

E/16/4A 12 Mar 2019 Schedule No:1 The Police are satisfied that the intention is that an increase to 6 children / young people would only occur in exceptional circumstances.

The Government’s Planning Practice Guidance states at Paragraph 028:

028 “Should children’s best interests be taken into account when determining planning applications?

“Local authorities need to consider whether children’s best interests are relevant to any planning issue under consideration. In doing so, they will want to ensure their approach is proportionate. They need to consider the case before them, and need to be mindful that the best interests of a particular child will not always outweigh other considerations including those that impact negatively on the environment or the wider community. This will include considering the scope to mitigate any potential harm through non-planning measures, for example through intervention or extra support for the family through social, health and education services.”

HIGHWAY SAFETY Objectors are concerned about the additional traffic along small roads that are generally single width with passing places and one has a ford. They say the roads are not suitable for additional traffic by the number of care workers, social workers, health care workers and educationalists that would visit the premises. The Highway Authority considers that the access and parking on site are satisfactory and they have no objections on highway grounds.

The NPPF (para109) advises that “development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.”

The surrounding roads are currently lightly trafficked. Even with their single width and passing places they are considered as being able to absorb any additional traffic generated by the proposed change in use. It may be inconvenient to have to allow an on-coming car to pass on a single width road but it would require significantly greater traffic flows before there could be deemed to be a severe impact.

PARISH COUNCIL COMMENTS Waitby and Smardale Parish Meeting have raised similar concerns to individual residents concerning noise and disturbance and the incompatibility in their opinion, of the proposed use in the rural location. They also report a fear of crime in the village since the applicants took over the premises. These issues are considered above.

ANALYSIS AND MATERIAL CONSIDERATIONS The proposal would be a change of use from a dwellinghouse (C3) housing 4 children and 2 adult carers to a residential institution for the accommodation of up to 6 children / young people and 6 adult carers.

The proposed use would deliver a significant social benefit for the wider community in that it would provide care and respite for children/young people to recover from experiences that have rendered them vulnerable. Cloverdale is considered to be an appropriate location for such a use given its rural setting being ideal for therapeutic care and being remote from the home areas of children/young people where there may be significant risks to the success of their care. E/16/4A 12 Mar 2019 Schedule No:1

Furthermore it is considered that the impact on the amenity of residents is unlikely to be significant. Concerns based on the fear of crime are not compelling given the lack of a reasonable, cogent evidential basis linking the use with criminal activity and given that the Police are satisfied with the applicant’s Statement of Purpose and admissions process.

It is therefore considered that the proposal complies with Eden Local Plan (2014-2032) policies LS1 and DEV1 and the guidance in the National Planning Policy Framework (2019). RECOMMENDATION That Full planning permission be granted subject to conditions including: -Time limit -Plans -Limit of 6 children/young people and 6 adult carers

E/16/4A 12 Mar 2019