Birmingham City Council Planning Committee 12 May 2016
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Birmingham City Council Planning Committee 12 May 2016 I submit for your consideration the attached reports for the South team. Recommendation Report No. Application No / Location / Proposal Approve - Conditions 8 2016/00613/PA 94 Sandford Road Moseley Birmingham B13 9BT Retrospective application for change of use from 4 No. flats to a small care home (Use Class C3(b)) Approve - Conditions 9 2016/01997/PA 2 Stirling Road Edgbaston Birmingham B16 9SB Detailed planning application for demolition of existing building and erection of care village (use class C2) comprising of 60 bed care home, 19 assisted living units, 99 care apartments and associated communal facilities for senior citizens, including car parking, access (principally from Stirling Road), landscaping and associated engineering works. Approve - Conditions 10 2016/00851/PA Frankley Water Treatment Works Waterworks Drive Northfield Birmingham Construction of underground water pipeline and upgrade of Frankley Water Treatment Works to include backwash tanks, sand ballasted lamella, overflow tank, emergency return pumping station, rapid gravity filters, storage tanks and buildings, minor alterations to the existing reservoir and associated infrastructure as part of the Birmingham Resilience Project Page 1 of 1 Director of Planning and Regeneration Committee Date: 12/05/2016 Application Number: 2016/00613/PA Accepted: 09/03/2016 Application Type: Full Planning Target Date: 04/05/2016 Ward: Moseley and Kings Heath 94 Sandford Road, Moseley, Birmingham, B13 9BT Retrospective application for change of use from 4 No. flats to a small care home (Use Class C3(b)) Applicant: Aston Children Care Head Office, Dudley, DY3 1TF Agent: Betaplan Ltd 21 Milestone Drive, Hagley, Stourbridge, West Midlands, DY9 0LP Recommendation Approve Subject To Conditions 1. Proposal 1.1. Retrospective consent is sought for the change of use of No.94 Sandford Road from 4 No. flats to a small care home accommodating up to six residents within Use Class C3(b). 1.2. The works to convert the property from flats to a small care home have already been completed. I understand that the property was also in use as a children’s care home, with Ofsted Registration, for a number of months in 2015. During my visit to the site in April 2016, the property was vacant. 1.3. The submitted ground floor plans show the property has two bedrooms, two lounge/living rooms, two kitchens, a bathroom and a W.C.. On the first floor there are four bedrooms, two bathrooms, a kitchen and two storage areas. On the second floor there are two offices a kitchen and a bathroom. The bedrooms measure between 9.8m² and 16.5m². The rear garden is approximately 784m². 1.4. When the Application was originally submitted, the Applicant - Aston Children’s Care Ltd - intended to use the property for the care of children. An Ofsted Certificate of Registration has been submitted which states that care and accommodation for no more than 4 children including those with emotional or behavioural difficulties and/or learning difficulties may be provided. A Certificate of Registration with the Care Quality Commission (CQC) has also been submitted which states that the property is registered for ‘Accommodation for persons who require nursing or personal care’ for up to six persons. The Applicant has confirmed that the proposal is for the care of adults – and the Development Description has been amended accordingly – and has provided a copy of the formal registration by the CQC. 1.5. The Applicant has advised that residents would have conditions such as autism, epilepsy, Attention Deficit Hyperactivity Disorder, and physical disabilities. Although each resident would have their own bedroom, they would share communal bathrooms and living areas and would share meal times. Where possible, residents Page 1 of 10 would be encouraged to help cook and complete house chores, depending on their condition or disability. The Applicant advises that any resident could attend education, depending on their care plan, but would mostly be 19 years or older so unlikely to be in education. The Applicant aims to enable opportunities for personal development and growth via active participation in community life, through support and encouragement to make decisions about everyday life, and through the provision of therapeutic activities. Residents would be referred to the property by Local Authorities, eg mostly Birmingham Social Services and Birmingham Mental Health services. 1.6. The Application Form states that up to 12 people would be employed at the premises. Staff would work on a 24 hour rota of daytime shifts between 7am and 10pm and night time shifts between 9.45pm and 7.15pm. I understand that although staff would be present at the property 24 hours a day, they would not actually sleep at the property. 1.7. The existing parking arrangements to the front of the property would remain unchanged and would allow for up to 4 vehicles to be parked. 1.8. Link to Documents 2. Site & Surroundings 2.1. The application site includes No.94 Sandford Road and its rear garden. The site is located on the south western side of Sandford Road in between its junctions with Anderton Park Road and Mayfield Road and is within the Moseley Area of Restraint. No.94 is a detached three storey property. It is set back from the highway and has an open frontage laid out to hardstanding. The rear garden is bounded by timber fencing, is ‘T’ shaped, and comprises of land that was previously part of the rear gardens to Nos.92 and 96 Sandford Road. The rear garden adjoins the rear gardens of properties fronting both Sandford Road, and to the north west, Anderton Park Road. Within this stretch of Sandford Road between Anderton Park Road and Mayfield Road, it is apparent from my site visit, planning history and address information that Nos. 96, 101 and 105 are subdivided into flats. 2.2. There is a single storey structure in the rear garden which does not have planning consent and is the subject of current enforcement action. Although this building falls within the red line boundary of the application site the floor plans submitted do not include any use of this building as part of the proposed care use. 2.3. The site is located within a mature residential area. Properties fronting Sandford Road are predominantly three storey detached and semi-detached houses set within large plots. 2.4. Site Location 3. Planning History 3.1. 13/03/2008 – 2008/00328/PA - Outline application for the demolition of existing dwelling and erection of 2 no. buildings to provide 10 no. self-contained apartments (layout & access only). Refused for reasons of detrimental impact on character and appearance of area and amenities of surrounding occupiers. Page 2 of 10 3.2. 29/03/2010 – 2010/0469/PA - Erection of a three storey rear extension to increase the number of flats from 4 to 6 and engineering works to create a sunken patio. Refused for reasons of detrimental impact on character and appearance of surrounding area and on amenities of adjacent occupiers. 3.3. 21/09/2010 – 2010/04324/PA - Demolition of existing two storey rear wing and the erection of a three storey rear extension to increase the number of flats from 4 to 6 and engineering works to create a sunken patio. Refused for reason of unsatisfactory standard of residential amenity for future occupiers. 3.4. 08/08/2014 - 2014/04723/PA - Erection of a detached three bedroom dormer bungalow – Refused. Appeal Dismissed 29/09/15 3.5. Enforcement History 3.6. 2013/1228/ENF - Erection of structure to rear (outbuilding) - Case Closed. 3.7. 2013/1485/ENF - Outbuilding being erected over 4m in height - Case Closed. 3.8. 2014/0278/ENF Without planning permission, the construction of a single storey building at the rear of 96 Sandford Road. Enforcement notice served. Appeal Dismissed 14/01/16 3.9. 2015/1402/ENF – Alleged change of use from flats to care home – Enforcement action held in abeyance pending determination of planning application 2016/00613/PA 4. Consultation/PP Responses 4.1. Transportation Development – No objection. No significant change in traffic or parking demand is expected to result from the works but may well be reduced compared to that of 4 flats. In addition to on and off street parking options there are also very good public transport links. 4.2. Regulatory Services – No objection 4.3. West Midlands Police – No objection. 4.4. Severn Trent Water – No objection subject to conditions requiring the submission of drainage plans. 4.5. Ward Members, neighbouring occupiers and resident’s associations notified and site notice posted. 20 letters of objection received from Roger Godsiff M.P., Councillor Trickett, The Moseley Society and residents of Sandford Road, Mayfield Road and Anderton Park Road. A petition of objection with 91 signatures has also been received. The objections are summarised as follows: • Crime and anti-social behaviour, detrimental to local safety and security, unsuitable location amongst conventional family residences. We understand that the Applicant has given assurances to BCC that young offenders will not be placed at the property - how can this be assured. Children placed in the Page 3 of 10 care home will have a detrimental impact on other young people living in the area • Front and rear of the property not secure enough to contain children, no mention any security measures required and no indication that a risk assessment has been carried out for the property. The floor plans would not meet the requirements of the Children’s Homes Regulations (2015). The application form has been shoddily completed and is incomplete; this does not give confidence that the care home would pay sufficient attention to the detail required by Ofsted or the Care Quality Commission to run a care home.