Planning Committee 22 November 2012

Reference: Area Team: Case Officer: Ward: APP/12/01192 South Team Ms C Berry

Location: Raby Hall, Raby Hall, RABY HALL ROAD, RABY MERE, CH63 0NN Proposal: Raby Hall Redevelopment Plan; a new 8 bedroom registered care facility and reconstruction of Raby Hall. Applicant: Wirral Autistic Society Agent : Barron Design Ltd.

Site Plan:

© Crown copyright and database rights 2011 Ordnance Survey 100019803

Development Plan allocation and policies: Green Belt Site of Biological Importance Planning History:

Location: Raby Hall Raby Wirral Application Type: Full Planning Permission Proposal: Change of residential house to residential house for autistic children Application No: APP/75/02447 Decis ion Date: 21/08/1975 Decision Type: Conditional Approval

Location: Autistic Home ,Raby Hall,Raby Mere,L63 0NN Application Type: Full Planning Permission Proposal: Erection of single storey extension to form lounge and two bedroom Application No: APP/79/14359 Decision Date: 04/02/1980 Decision Type Conditional Approval

Location: Raby Hall, Raby Hall Road, Raby Mere. L63 0NN Application Type: Full Planning Permission Proposal: Erection of two-storey/single-storey extension and layout of parking area. Application No: APP/85/06797 Decision Date: 14/11/1985 Decision Type: Approve

Location: Raby Hall ,Raby Hall Road ,Raby ,L63 0NN Application Type: Full Planning Permission Proposal: Erection of single storey special care unit Application No: APP/81/17764 Decision Date: 14/05/1981 Decision Type: Conditional Approval

Location: Principals Bungalow, Raby Hall, Raby Hall Road, Raby Mere. L63 0NN Application Type: Full Planning Permission Proposal: Erection of bedroom extensions. Application No: APP/87/06659 Decision Date: 03/12/1987

Location: Raby Hall, Raby Mere. L63 0NN Application Type: Full Planning Permission Proposal: Erection of an extension for offices and toilets. Application No: APP/87/07015 Decision Date: 07/01/1988 Decision Type: Approve

Location: Wirral Autistic Society, Raby Hall, Raby Hall Road, . L63 0NN Application Type: Full Planning Permission Proposal: Erection of single storey extension at front. Application No: APP/91/06559 Decision Date: 24/09/1991 Decision Type: Approve

Location: Raby Hall Lodge, Raby Hall Road, Raby Mere. L63 0NN Application Type: Full Planning Permission Proposal: Erection of single storey extension to rear. Application No: APP/92/06731 Decision Date: 20/11/1992 Decision Type: Approve

Location: Raby Hall, Raby Hall Road, Bromborough. L63 0NN Application Type: Full Planning Permission Proposal: Change of use to living accommodation and erection of a two storey extension. Application No: APP/96/06106 Decision Date: 24/09/1996 Decision Type: Approve

Location: Helen House, Raby Hall, Raby Hall Road, Raby Mere, Wirral, CH63 0NN, Application Type: Full Planning Permission Propo sal: Extension to existing dining room (single storey). Application No: APP/02/06633 Decision Date: 26/09/2002 Decision Type: Approve

Location: Raby Hall, Raby Hall Road, Raby Mere, Wirral, CH63 0NN Application Type: Full Planning Permission Proposal: Erection of two polytunnels, a sheep shelter, a shed, a barn, rabbit hutches and a stable as well as the erection of a 2.5 metre high boundary fence and the creation of a pond. Application No: APP/04/05469 Decision Date: 28/01/2005 Deci sion Type: Approve

Location: Raby Hall, Raby Hall Road, Raby Mere, Wirral, CH63 0NN Application Type: Full Planning Permission Proposal: Erection of a horticultural building and re-location of three sheds Application No: APP/05/07716 Decision Date: 17/03/2006 Decision Type: Approve

Location: Raby Hall, Raby Hall Road, Raby Mere, Wirral, CH63 0NN Application Type: Full Planning Permission Proposal: Erection of a 6no. bed respite unit and relocation of existing pavilion Application No: APP/08/05274 Decision Date: 16/07/2008

Location: Raby Hall, Raby Hall Road, Raby Mere, Wirral, CH63 0NN Application Type: Full Planning Permission Proposal: Addition of 6 no. workshops,1 poultry unit, 1 no. aviary,1 no. pig shed, 2 polytunnels and relocation of existing sheds & fittings. Application No: APP/09/05123 Decision Date: 20/04/2009 Decision Type: Approve

Location: Helen House, Raby Hall, RABY HALL ROAD, RABY MERE, CH63 0NN Application Type: Full Planning Permission Proposal: Construction of a single storey extension to house heating/water plant. Application No: APP/11/00034 Decision Date: 28/02/2011 Decision Type: Approve

Summary Of Representations and Consultations Received: REPRESENTATIONS Having regard to the Council's Guidance on Publicity for Applications, 5 letters of notification were sent to the occupiers of adjoining properties. A Site Notice was also displayed. At the time of writing this report one representation from the occupier of Raby Hall Cottage has been received objecting to the proposal for the following reasons:

1. the exit drive passes directly outside their property and is inadequate and dangerous, it sometimes is blocked due to the volume of traffic 2. the noise levels due to the traffic is unacceptable 3. noise and disturbance form residents 4. security issues

Merseyside Fire and Rescue Service - Access for fire appliances should comply with the County of Act 1980 and with the requirements of Approved Document B5 of the Building Regulations.

United Utilities - No objection

Merseyside Cycling Campaign - Full bicycle and storage facilities should be provided

CONSULTATIONS Director of Technical Services (Traffic and Transportation Division) - no objection

Wirral Group of Cheshire Wildlife Trust - Bat survey required prior to the development beginning and the trees should be protected.

Director's Comments:

REASON FOR REFERRAL TO PLANNING COMMITTEE The proposal includes development that does not fall under the categories appropriate within the green belt and is a departure from the Unitary Development Plan and the National Planning Policy Framework, which therefore requires Planning Committee determination.

INTRODUCTION The proposal is for the redevelopment of the Raby Hall site including a new 8 bedroom care facility and reconstruction of Raby Hall. The overall purpose of the proposal is to provide additional residential care accommodation to meet specified needs and to replace and improve the substandard existing accommodation within the Raby Hall building. The site has been occupied by Wirral Autistic Society since 1975 when planning permission was granted for the residential care home and provides a residential and respite facility that offers a rural setting to provide a safe and stimulating environment for people with autism. The site has been developed over the years for both extensions to the hall and separate buildings for accommodation and respite care, the most recent approved in 2008

SITE AND SURROUNDINGS The site lies within the green belt on the fringe of Raby Hall village and is bounded by well established landscaping and trees, which effectively screen the majority of the site resulting in limited views from Raby Hall Road.

The site extends to 2.1 hectares and comprises the original hall, which has been previously extended including the courtyard building, Helen House, The Bungalow and the more recent respite centre, The Ferns located to the front (south) of the site adjacent to the access from Raby Hall Road. Raby Hall Farm is a working farm located to the west of the hall within the curtilage of the site and is accessed via the main driveway.

PRINCIPLE OF DEVELOPMENT AND POLICY CONTEXT The site is within an area designated as Green Belt in the adopted Wirral Unitary Development Plan. The National Planning Policy Framework echoes previous Government guidance that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping and open and that the essential characteristics of green belt are their openness and permanence.

Policy GB2 of the Wirral Unitary development Plan states that the construction of new buildings inside a Green Belt is inappropriate unless it is for certain specified purposes:

1. agriculture and forestry; 2. essential facilities for outdoor sport and outdoor recreation; 3. limited extension or replacement of existing dwellings; 4. limited infilling in existing villages; 5. limited infilling/redevelopment of major developed sites.

Policy NC7 - Species Protection states that development which may have an adverse effect on wildlife species will not be permitted unless the LPA is satisfied that the protection of species can be secured through the use of planning conditions.

National Planning Policy Framework set out similar purposes and that the construction of new buildings are inappropriate with exceptions as follows:

1. buildings for agriculture and forestry; 2. provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it; 3. the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; 4. the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; 5. limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan; or 6. limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development.

The National Planning Policy Framework and UDP Policy GB2 make it clear that there is a general presumption against inappropriate development within green belts and that 'very special circumstances' must be demonstrated to show why permission should be granted. Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The construction of new building is classed as 'inappropriate development' and it is for the applicant to put forward their very special circumstances to justify the grant of planning permission.

Very Special Circumstances The applicant put forward their very special circumstances based on a statement of need; demand for specific care provision as a specialist provider of services for people with autism and state that the redevelopment of the site will remove unsightly elements of previous extensions and the design of the new building and reconstructed hall will improve the overall appearance and visual amenity of the green belt.

In terms of need for improved facilities, although the accommodation currently meets minimum standards for care provision it fails to meet the best practice standards for people with autism. Namely because of the specialist care required and the need to cater for individuals that require a particular environment. Many service-users require an open environment due to sensitivity issues, lack of awareness or fear of a busy environment. This is why the Raby Hall site has been successful as a service-provider and is reflected by the demand for such services, which is expected to increase in future years.

The applicant maintains that the future of the site will be compromised if the standards are not improved and states that the development reflects the best practice to meet the changes whilst securing the use of the site to provide essential services and local employment to the social and economic benefit of the wider community.

It is considered that the reasons put forward by the applicant as outlined above represent the very special circumstances required to justify the development.

APPEARANCE AND AMENITY ISSUES The proposal seeks to replace the hall and will remove an unsightly link building along with some ad- hoc storage buildings within the site. The new residential building will be located opposite the hall and adjacent to Helen House creating a courtyard effect. In terms of resultant floor pace, this will be less than existing mainly due to the removal of the ad-hoc buildings and more efficient design and layout of the new hall and new residential building.

The siting of the new hall follows the same footprint. The overall height and scale reflects that of the existing hall and is designed having regard to the architectural merits of the original building and its prominence as the principal building on the site. It offers a more efficient use of floor space and meets the required standards whilst its appearance is an improvement compared to the unsympathetic existing extensions.

The new residential building is two-storey in part immediately adjacent to the two-storey Helen House and drops down to single storey towards the front of the site. This change in height and use of material finishes helps to minimise any adverse impact and reflects the existing building within the site. In addition the siting is within the existing group of buildings and does not extend beyond any of the existing building lines. This creation of a courtyard will provide a 'country house formal garden' area providing a useable green space.

The design, scale and layout of the overall development although dictated by the specific needs of the service-users and staff, for example, the need for safe, open spaces serves to improve the appearance of the site by removing 'unsightly' buildings with development of a reduced massing that is sympathetic to the character of both existing buildings and the green belt location. It is considered that the development will have no greater impact on the openness of the green belt than the existing development.

The nature of the objection received relates to issues of traffic movements and noise levels along the access. This is an existing access to the site and will continue to be utilised by visitors and staff in much the same way. In terms of noise and disturbance and security issues, the site is long established as a care facility and the redevelopment of the site as proposed will not introduce any additional factors that would significantly harm residential amenity of the occupier residing in close proximity to the site.

SEPARATION DISTANCES Separation distances do not apply in this instance, as no residential properties will be affected by the proposed development.

HIGHWAY/TRAFFIC IMPLICATIONS There are no Highway Implications relating to this proposal.

ENVIRONMENTAL/SUSTAINABILITY ISSUES A bat survey has been submitted, which confirms that the proposal will not affect bats, however a condition is recommended that requests a further survey is carried out prior to the commencement of any works in the event that bats may be present. Conditions are also recommended to safeguard trees within the site. In terms of sustainability, the proposal will improve the appearance of the site whilst providing improved facilities for social care.

HEALTH ISSUES The proposal will meet an identified need for specialist care within the borough.

CONCLUSION The proposed redevelopment of the site has been designed in such a way to make maximum use of the site whilst having minimal impact on the openness of the Green Belt. It is considered that the applicant has adequately demonstrated the very special circumstances in line with the National Planning Policy Framework and UDP Policy GB2. The proposed design, scale and siting of the new buildings will ensure that any harm to the openness and character of the green belt is minimal. The proposal will support the continued use of this established facility by providing and meeting an identified need for specialist care in this location. The proposal will not result in any increased activity that would be detrimental to the amenity of the occupiers of and the adjacent property. The proposal is in accordance with the advice set out in the National Planning Policy Framework and UDP Policy GB2 and is recommended accordingly.

Summary of Decision: Having regards to the individual merits of this application the decision to grant Planning Permission has been taken having regards to the relevant Policies and Proposals in the Wirral Unitary Development Plan (Adopted February 2000) and all relevant material considerations including national and regional policy advice. In reaching this decision the Local Planning Authority has considered the following:-

The proposed design, scale and siting of the new buildings will ensure that any harm to the openness and character of the green belt is minimal. The proposal will support the continued use of this established facility by providing and meeting an identified need for specialist care in this location. The proposal will not result in any increased activity that would be detrimental to the amenity of the occupiers of and the adjacent property. The proposal is in accordance with the advice set out in the National Planning Policy Framework and UDP Policy GB2 and is recommended accordingly.

Recommended Approve Decision:

Recommended Conditions and Reasons:

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason : To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on the 4 October 2012 and listed as follows: P418.100, P418.202a, P418.300, 08.05.12, P418.200a, P418.201a, P418.301, P418.303, P418.302 dated 08.05.12 and P418.101 and P418.102 dated 27.02.12

Reason: For the avoidance of doubt and to define the permission.

3. Before the development is commenced a bat survey shall be carried out to assess the nature conservation interest of the site and t his survey, together with a scheme of mitigation measures, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall then be implemented in full in an agreed timescale.

Reason : To safeguard conservation of species/ha bitats and to comply with Policy NC7 in the Wirral Unitary Development Plan.

4. The site shall be suitably landscaped in accordance with a scheme to be submitted to and approved by the Local Planning Authority in writing before any works commence on site, the approved landscape work shall be completed during the first available planting season following completion of the development hereby approved and shall be maintained thereafter to the satisfaction of the Local Planning Authority.

Reason: To ensure a satisfactory standard of appearance and that the proposed development enhances the visual amenity of the locality in accordance with Policy GB2 of the Wirral Unitary Development Plan

5. Before any equipment, machinery or materials are brought onto site, a 1 metre high fence or other barrier as agreed in writing with the Local Planning Authority, shall be erected around the outer limit of the crown spread of all trees, hedges or woodlands shown to be retained on the approved plan. Such fencing shall be maintained in a satisfactory manner until the development is completed. During the period of construction, no material shall be stored, fires started or trenches dug within these enclosed areas without the prior consent in writing of the Local Planning Authority.

Reason : To prevent damage to the trees/ hedges in the interests of visual amenity and to comply with Policy GB2 of the Wirral Unitary Development Plan.

6. Before any construction commences, samples of the facing and roofing materials to be used in the external construction of this development shall be submitted to and approved in writing by the Local Planning Authority. The approved materials shall then be used in the construction of the development.

Reason : To ensure a satisfactory appeara nce to the development in the interests of visual amenity and to comply with Policy GB2 of the Wirral Unitary Development Plan.

Last Comments By: 08/11/2012 15:43:47 Expiry Date: 29/11/2012