DEVELOPMENT CONTROL COMMITTEE AGENDA ITEM 28th May 2020 10.1 RECOMMENDATION OF THE HEAD OF DEVELOPMENT MANAGEMENT

FOR APPROVAL OF PLANNING PERMISSION

APPLICATION NO: 19/01087/COU PROPOSAL: Change of use of from hotel (Class C1) to transitional housing scheme functioning as an HMO (Sui Generis) comprising 14 en-suite bedrooms with communal facilities and office space for managerial staff. LOCATION: 124 Crawley Green Road, APPLICANT: Central Council WARDS AFFECTED: Crawley

RECOMMENDATION(S)

1. It is recommended:

(i) That the reasons for approval set out in this report are agreed;

(ii) That planning permission is granted, subject to the conditions set out in ‘Appendix 1’;

(iii) That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions following any Committee resolution to grant permission (should any be required);

(iv) That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development seeking minor material amendments (Section 73 applications):

Conditions (‘Appendix 1’)

(01) Time Limit; (02) Approved Plans and Documents; (03) Use of the Development; and (04) OMS and Statement of Compliance. REPORT

The Site and Surroundings

2. The application site comprises the front part of the wider Formal Old Naval Club Site, which has since been redeveloped to provide flats to the rear and a hotel/bed and breakfast within the extended and refurbished former Club building. The latter consists of a two storey building served by parking to the frontage and amenity space to its south-western flank. The site, cumulatively known as No. 124 Crawley Green Road, is situated on the south-eastern side of Crawley Green Road, with Wenlock Junior School located to the rear, Leygreen Close to the north-east and Blaydon Road to the south-west.

Relevant Planning History

3. Planning permission was first granted for the erection of the flats to the rear and the change of use, extension and refurbishment of the former Naval Club building to a hotel/bed and breakfast in 2015 (ref: 15/00464/FUL). Two additional flats were granted retrospective planning permission in 2017 (ref: 17/00339/FUL).

4. The hotel/bed and breakfast was fully renovated, however, never opened. Prior to the submission of the 2015 application, it had been suggested that the previous Applicant’s seek to provide flats within the Former naval Club building, with the location not being immediately apparent as the optimum place to provide guest accommodation.

5. Central Bedfordshire Council purchased the development sometime after and have now brought forward their proposal before Members.

The Proposal

6. Full planning permission is sought for the change of use of the building from guest accommodation providing 19 rooms to a 14-bedroom Transitional Accommodation Scheme (TAS) for low-risk occupants who require a low- level of management. Typically, the scheme would provide accommodation for people who may be vulnerable and who either originate from Luton or for whom it is necessary to place outside of the District (Central Bedfordshire) for their own safety/protection. Households who are assessed to be of a medium- or high-risk will not be accommodated at the facility.

7. The application is supported by a detailed ‘Occupation, Management and Support Plan’ (OMS). The following are provided for within the Plan:

− Purpose of the Plan; − Purpose of the TAS; − Details of the type of Occupancy proposed; − Scope of management; − Rules, restrictions and resolutions for future occupants; − Details of support, education and betterment for occupants; − Repairs, maintenance and internal/external management; − Security measures;

8. The application is brought before Members by reason of the number of representations that have been received, as well as at the request of Cllr. Terry Keens (Crawley Ward).

Planning Policy

National Planning Policy Framework (NPPF, or the Framework)

9. The revised National Planning Policy Framework (NPPF, or the Framework) was published in June 2019 and replaces the previous NPPF (2012). It provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework must be taken into account in preparing the development plan and is a material consideration in planning decisions.

10. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision- makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Management Committee.

National Planning Practice Guidance (NPPG)

11. The guidance was published in March 2014 and has been maintained in support of NPPF policy.

Luton Local Plan 2011-2031

12. The site is unallocated on the Policies Map of the Luton Local Plan 2011- 2031. Policies relevant to the proposal are LLP1, LLP13, LLP15, LLP17, LLP25, LLP31 and LLP32.

13. Policy LLP1 sets out a sustainable development strategy for the Borough.

14. Policy LLP13 deals with the economic strategy within the Borough. With regard to the proposed development, the policy refers to the provision of guest accommodation within Luton.

15. Policy LLP15 considers the provision of housing within the Borough.

16. Policy LLP17 advises upon the appropriateness of houses-in-multiple occupation.

17. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site, achieve adopted standards and create attractive and safe spaces.

18. Policy LLP31 sets out the sustainable transport strategy and stipulates that development will be permitted where it minimises the need to travel, reduces congestion and provides sustainable transport choices.

19. Policy LLP32 considers the parking requirements of development, stipulating expected provisions and highlighting the sustainability of the Town Centre location.

Equality Implications

20. No disproportionate effect on people with protected characteristics has been identified.

Consultation Responses

21. LBC Housing: No comments received in response to consultation request, however, intrinsically involved throughout the process.

22. LBC Highways: No objections.

23. Bedfordshire Police: No objections.

24. LBC Environmental Protection: No objections.

25. Affinity Water: No comments received. Any comments shall be reported at the Meeting.

26. LBC Strategic Planning: No objections.

27. Thames Water: No objections.

28. In addition to those consultees listed above, LBC Private Sector Housing have assisted greatly in shaping the scheme and the content of the submitted Occupation, Management and Support Plan, as well as ensuring compliance with both LBC’s standards and national duties.

29. Statutory Neighbour Consultation: The application was notified to 34 properties and a site notice was posted. To date, 33 representations have been received.

Issues Raised Officer Consideration Noise and Disturbance. Considered within the body of the Report. Relevant condition relating to OMS.

Burden on services within Support plan in place and, given scale of Luton. the development, not significant impact upon services anticipated.

Anti-social behaviour, crime Considered within the body of the and safety within the area. Report. No objections from Bedfordshire Police. Relevant condition relating to OMS.

Insufficient justification. Additional information within OMS and legal opinion indicate appropriate justification provided.

Should revert to community Not proposed within this application. facility. Submission falls to be considered as proposed.

Harm to the character of the Considered within the body of the area. Report. Relevant condition relating to OMS.

Loss of existing use. Considered within the body of the Report.

Inconsistent with relevant Advised upon by Housing and legal housing legislation. opinion sought.

No benefit to the community. Supporting details of the scheme seek to protect the community.

No need for HMOs. Application is not for an HMO. Reference to HMOs is provided for context and as an appropriate starting point for the consideration of the application only.

Chequered site history. Application must be considered on its own merits.

Parking. Considered within the body of the Report.

Insufficient consultation. Received from a property situated away from the site. Scope of consultation appropriate and proportionate. Site notice posted and significant response received.

Effect house prices. Not a material planning consideration.

Loss of privacy. Existing situation not altered by the proposal.

Issues with previous Not material to the merits of this planning permissions. application.

Fire safety. Considered within the body of the Report.

Property better suited to Not proposed within this application. home for the elderly. Submission falls to be considered as proposed.

MAIN PLANNING CONSIDERATIONS

30. The main planning considerations relate to the principle of development, the character implications of development, the impact upon adjoining occupiers and parking and highway implications.

Principle of Development

31. Delay of the determination of the application has been the result of the negotiation of an ‘Occupancy, Management and Support plan’ (OMS) with the Applicant. This importance of these details was so fundamental to the appropriateness of the scheme that it was considered that it was vital to secure these details prior to the determination of the application. The final document, found at ‘Appendix 2’ of this report, comprises the cumulative work of Planning, Housing and Private Sector Housing (PSH) colleagues at Luton, together with counterparts at Central Bedfordshire. The approach has been supported by legal advice received at the beginning of the consideration process.

Provision of Transitional Accommodation

32. Policy LLP17 (Houses-in-Multiple Occupation) of the Luton Local Plan 2011-2031 relates to the provision of houses in multiple occupation within the Borough and states that permission shall be granted provided that material detriment to the character of the area would not occur, that there would be adequate provision of facilities and amenities, and that the units would comply with relevant standards.

33. Although not a house-in-multiple occupation (HMO), there are similarities in terms of the relationship of the anticipated occupiers to one another. There is no policy specifically related to the provision of transitional accommodation, however, this policy provides an appropriate starting point for the consideration of the application.

34. As with many applications, the starting point comprises the lawful use of the site, which, in this instance, is as guest accommodation. Members will be aware that it is not unusual for councils to provide temporary/transitional accommodation within such facilities. Although not best-practice, the use of guest accommodation, such as bed and breakfasts, for accommodating homeless individuals and families is a frequent occurrence. It, therefore, remains that the site could presently be utilised for a similar purpose that would not be subject to the management practices and standards that have been agreed over the lifetime of the application. The implications upon the wider area are to be considered within subsequent sections of this report, however, it is noted here that the grant of planning permission would result in a form of development that would be less impactful and over which the Local Planning Authority would retain a greater degree of control.

35. The practice of providing accommodation outside of an authority’s administrative area is common place. Members will be aware that there are many developments provided within and around Luton Town Centre that house individuals originating from other Council’s. These, however, are overwhelmingly derived from the conversion of office space through the prior approval process, and it is rare from the Council to experience a full application of this nature for which proper management can be negotiated and secured.

36. By reason of those details provided within the agreed OMS, it is considered that the need for the provision of a TA scheme has been established. Implications for the character of and residents within the surrounding area are considered within the subsequent sections of this report. Overall, it is considered that the TA scheme would be acceptable in this location.

Loss of the Guest Accommodation

37. As previously noted, concern as to the appropriateness of the location for the provision of guest accommodation was raised prior to the grant of planning permission for this part of the original development in 2015. This position would appear to have been realised and it is additionally noted that both national and local policy reflects this assessment, with guest accommodation of this type better situated either within identified centres or within areas where this a well-evidenced need. Within Luton, this is best exemplified by London .

38. For those reasons of the facility having never opened and furthered by the described sequential approach to the appropriateness of locations for such accommodation, the loss of the existing bed and breakfast/hotel is, therefore, considered to be acceptable, in this instance.

The Principle of Development

39. The scheme offers a considerable improvement over the unmanaged alternative for the site, providing a well-designed management and occupation plan for the building and ensuring compliance with the relevant housing standards of .

40. For those reasons, it is considered that, subject to accordance with the submitted plan that is secured by planning condition, the change of use to transitional accommodation would be acceptable.

Character Implications upon the Wider Area

41. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site and create safe and attractive places. As noted above, Policy LLP17 requires that proposals not significantly adversely impact upon the character and amenities of an area.

42. There would be no significant external alterations to the existing building and, therefore, the prevailing built environment and visual amenities of the street scene would not be materially affected by the scheme.

43. Consideration of the proposal, therefore, relates to the character implications associated with the change in the form of accommodation being provided at the site. Both the existing and the proposed type of occupancy would be transitory in nature, although the length of stay would vary significantly. Crucial to the change in the impact upon the character of the wider area is, therefore, the management of the property and the type of resident being accommodated there.

44. The LPA has, therefore, undertaken to secure all relevant details so as to ensure that the property would operate with minimal impact to the surrounding area. Future occupiers would only ever be those characterised as being low-risk, a housing term that is defined within the submitted OMS. Management practices found within the same document are, therefore, proportionate in these terms and, for that reason, it is not considered that the property, from outwards appearance, would result in any significant character implications within the locality. The agreed details also speak to maintenance throughout the development, as well as the management of internal and external shared areas (e.g. landscape management). Subject to compliance with those agreed practices, there is no reason as to why the proposal would be significantly discernible from the lawful of the operation of the site as guest accommodation.

45. The above is furthered by the development continuing to provide for a residential use at the site and it is again noted that the building could already provide for a similar, entirely unmanaged form of development under the powers afforded to housing authorities.

46. In view of the above it is considered that the development would not cause significant harm to the character or amenities of the surrounding area and that the negotiated detail provides for an appropriate form of transitional residential development within an entirely residential area. The scheme, therefore, accords with Policies LLP1, LLP17 and LLP25 of the Luton Local Plan 2011-2031.

Implications for Adjoining Occupiers

47. All representations that have been received have been duly considered and, indeed, a significant reason behind the level of detail that has been secured prior to the determination of the planning application, which would ordinarily have been satisfactorily dealt with by the use of an appropriate planning condition, has been in direct response to the concerns of local residences.

48. As previously described, there would be no external alterations to the existing building that would materially implicate its size, scale, appearance or physical relationship with surrounding properties. For that reason, it is considered that there would be no material visual, light or privacy implications associated with the scheme. With regard to the amenities of adjoining occupiers, those material implications considered to be relevant to the proposal are, therefore, directly related to the functionality of the transitional accommodation, such as the type of occupancy, noise and disturbance, security and management.

49. As discussed within subsequent sections of this report, the existing building provides for a transitory form of accommodation and the proposal would offer a greater degree of permanence. Comings and goings would be more regulated and are likely to align more closely with the timings of traditional market housing. Future occupants of the accommodation would only ever be categorised as ‘low-risk’ and, therefore, the propensity for anti-social behaviour is considered to be extremely limited. This view is supported by the thoroughly structured OMS, which accounts for behaviours and both security and prohibitive measures. The ‘low-risk’ occupancy and proportionate level of management would achieve a property that would not be materially discernible from the operation of the site for either its lawful use as guest accommodation or as a collection of flats.

50. Again, the starting point for the consideration of the proposal in terms of residential amenity is the ‘fall-back’ position, which consists of the use of the existing building for near-identical purposes without the significant degree of reassurance provided by the agreed OMS and statement of compliance. In this context, the proposal comprises a far-more-favourable position, however, notwithstanding this, it is considered that the scheme would not result in significant disturbance to the living environments of surrounding residential occupiers.

51. As far as reasonably practicable, the submitted details supporting the proposal would provide a form of development that would take every opportunity to minimise any perceived adverse implications upon the living environment of adjoining occupiers. Many concerns relate to assumptions about future occupiers and it is reiterated that the facility would be provided principally for those people who are vulnerable and/or have a connection to Luton. In any event, individuals and families accommodated at the site would be categorised as being ‘low-risk’ and the necessary management, procedures and security measures would be in place to mitigate any potential nuisances traditionally/anecdotally associated with this form of development.

52. Subject to compliance with the agreed OMS, it is, therefore, considered that adjoining occupiers would not be materially adversely affected by the scheme and that the proposal accords with Policies LLP1, LLP17 and LLP25 of the Luton Local Plan 2011-2031.

Living Environment for Future Occupiers

53. The resultant accommodation would provide a high quality living environment that accords with the relevant standards of the Council. Future occupiers would be furnished with generous internal communal areas to match the self-contained facilities to be offered within the 14 individual rooms. External amenity space would be situated to the south-west of the building as it presently exists and would provide future occupiers with an acceptable provision of quality green space.

54. Maintenance and management are accounted for within the submitted OMS, ensuring that the indicated living environment remains acceptable throughout the lifetime of the use, while security measures offer certainty over the safety of future occupiers.

55. Subject to compliance with the agreed OMS, as transitional accommodation scheme, it is, therefore, considered that development provides an acceptable living environment for future occupiers while accommodated at the site. It is thereby considered that the proposal accords with Policies LLP1, LLP17 and LLP25 of the Luton Local Plan 2011-2031.

Fire Safety and Security

56. The scheme has been designed in consultation with the Bedfordshire Fire and Rescue, while PSH Officers have also confirmed satisfaction with the proposal in these terms. Though a matter for Housing and Building Regulations, Members are advised that the development accords with relevant standards.

57. The agreed OMS considers site security and provides for behavioural restrictions, such as the consumption of alcohol being prohibited, security protocols and on-site security measures, such as a CCTV system. It is noted that Bedfordshire Police did not object to the proposal. Subject to compliance with the agreed OMS, no material implications are anticipated.

Highway Implications

58. Policy LLP31 sets out the sustainable transport strategy and is supportive of development that minimises the need to travel, provides sustainable modal choice and reduces congestion. Policy LLP32 seeks to ensure that an adequate provision of parking is available as it relates to development.

59. The resultant scheme would benefit from a provision of 14 parking spaces situated on the frontage of the site. This is consistent with the existing arrangement of the site and provides a sufficient number of spaces for both staff and visiting professionals, as well as, although unlikely, the private vehicles of any future occupiers.

60. The Local Highways Authority has not objected to the scheme and, in light of the foregoing, no material implications are anticipated.

CONCLUSIONS

61. The proposal brought before Members comprises a thoroughly considered scheme that is subject to occupational requirements and management responsibilities that have been assessed in planning, housing, security and fire/building regulation terms. As far as can be considered of a planning application, the final scheme is considered to comprise an acceptable form of development that can be closely and precisely monitored for its accordance with those agreed details and, as far as can be considered reasonable, the resultant development provides a certain platform for the successful use of the site.

62. For those reasons, it is considered that the proposal is in conformity with the objectives of Policies LLP1, LLP13, LLP15, LLP17, LLP25, LLP31 and LLP32 of the Luton Local Plan 2011-2031.

63. On that basis, conditional approval of the application is recommended.

LIST OF BACKGROUND PAPERS

APPENDIX

• Appendix 1: Conditions and Reasons

• Appendix 2: Occupation, Management and Support Plan

• Appendix 3: Statement of Compliance with ‘HMO’ Standards

• Appendix 4: Transitional Accommodation Risk Assessment Guidance

LOCAL GOVERNMENT ACT 1972, SECTION 100D

64. Luton Local Plan 2011-2031

65. National Planning Policy Framework (NPPF, or the Framework)

66. National Planning Practice Guidance (NPPG)

67. Planning Application Ref Nos: 15/00464/FUL and 17/00339/FUL.

DETERMINATION OF PLANNING APPLICATIONS

68. The Council is required in all cases where the Development Plan is relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise.

HUMAN RIGHTS ACT 1998

69. The determination of the application which is the subject of this report is considered to involve the following human rights:-

1. Article 8: Right to respect for private and family life; and

2. Article 1 of the First Protocol: Protection of Property

70. The report considers in detail the competing rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendation is in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.

SECTION 17 CRIME AND DISORDER ACT 1998

71. In reaching the recommendations set out in this report, due regard has been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.

EQUALITY ACT 2010

72. In reaching the recommendation set out in this report, proper consideration has to be given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share relevant protected characteristics and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief. In this case, no disproportionate effect on people with protected characteristics has been identified.