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Cloverdale, Smardale k c a r T Yorkshire Dales National Park Authority le SCHOOOOLL LLLAAANNNNEEEEE a SSSCSCSCSCSCHCHCHCHOHOHOHOHOOOOOLOLOL OL L L L L LA LA LA LNALANNAANENAEANENENENENEEEE d SSSSCSCSCSCSCSHCHSCSHCHCOHCOHCOHOHOHOHOHOOOLOLLOLOL OL OL L L AL AL A LA LA LANLANLNANAEANENAENENENENEEEE r SSSSCSCSCSCSCHCHCHHOHOHOHOOOOOOOLOLLL L L LL LALALAAANANNNEEEE ve GP SCHOOL lo Smardale C Application Code: E/16/4A Station House 1 BBBEEECCCCKKK L L LLAAANNNNE E E BBBBBEBEBEBECBEBCECECECEKCEKCKC KCKC L KKL KL L AL L AAL NL AANLNLAANENAENENENENENE E E E 2 BBBBBEBEBEBEBCECBECECKEKCEKCEKCKCKC K CKL L KKL AL AKAL L AAL LAN ANLNALNAAENENAENENENENE E E E Committee Date: 12/03/2019 BBBBBEEEECECCCKCKKKK K LL L LAALAAANANNENE E E E Location: Cloverdale, Beck Lane, Smardale Hall Bank Issues SmardaleCottages Hall d e B y r r u l S Pond Smardale Silo Haz SmardaleHall el Gill LB The Caravan Holme Farm Swallow Barn Issues y a lw ck i ra a T R d e tl n a m is D MP .5 e al rd E/16/4AE/16/4A ve lo Smardale GP C Station House BECK LANE 1 BBBEEECCCKKK L LLLAAANNNE E E 2 Hall Bank Issues SmardaleCottages Hall re Dales National Park Authority d e B y r r u l S BE MADE Smardale SmardaleHall Survey 100023740. Additional information: © Yorkshi FOR REFERENCE PURPOSES ONLY. NO FURTHER COPIES TO © Crown copyright and database rights 2017 Ordnance 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.
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