Agenda item

To consider the report of the Director City Development, Housing and Supporting People.

 

 

The Project Manager (Planning) presented the application for the change of Use from Public House (Class A4) to Children's Home (Class C2).

 

The Project Manager (Planning) highlighted the following:-

 

·         three floors of accommodation were proposed, the upper floors would provide five places for children aged between 8 and 16, two staff bedrooms and some communal area for dining and recreation, a communal area on the middle floor would be provided with some bedrooms and on the upper floor a kitchen and more bedroomsand staff quarters. On the ground floor, three studio apartments for 16 to 18 year olds plus one additional staff bedroom were proposed;

·         whilst the Council did not have a policy to retain public houses, it was necessary to demonstrate potential demand for an alternative community use. The property had been marketed widely as a public house but no offers made;

·         community facilities had a broad definition at both the national and the local level and the provision of a children’s home in meeting the community and welfare needs of the area was in accord with policy CP10 of the Council’s core strategy. The principal of the change of use was considered compliant with national and local policy and the county council had confirmed there is a need for additional children’s homes in the area;

·         public consultations had been carried out in July 2020 and January 2021, with 17 letters of objection and two in support received for the former and 14 letters of objection and one of support for the latter;

·         as well as the pub loss, objections related to concern over the impact on neighbouring residential properties in terms of noise and disturbance, potential anti-social and criminal behaviour and loss of privacy. Some objectors considered that staffing levels would be insufficient with reservations about the welfare of the children;

·         the Devon and Cornwall Police Designing Out Crime Officer initially had significant concerns highlighting that out of 25 wards and beats in the Exeter area, Newtown was the 5th highest in respect of numbers of offences but, ultimately the mitigation measures put forward had been acceptable;

·         there would be significant level of inspection and regulatory oversight by OFSTED with regular inspections including from independent visitors. Each person placed in the home would have a social worker with frequent visits and neighbouring residents would be given contact details to make complaints and contact could be made 24/7.

·         the main compromise in respect of mitigation measures had been in respect of CCTV coverage as the courts would have to approve the installation inside the building which OFSTED did not support and, as a result, CCTV would only be mounted on the side of the building overlooking the current car park area;

·         information had been submitted on day to day management outlining in detail many aspects of the running of the home including admissions procedures, staff training and development and safeguarding;

·         a key document was the missing persons protocol setting out procedures for deterring escape;

·         external alterations included replacing timbers sash windows with plastic double glazed which had already been carried out but it was considered that the heritage harm was relatively limited and that there were public benefits in providing a childrens’ home;

·         a metal screen around the rear external staircase with a perforated metal cover was proposed, the screen hopefully addressing neighbouring privacy concerns and any problem of individuals congregating as well as providing an anti-climb measure to prevent escapes;

·         in respect of the rear garden of 63 square metres of space, the Council had no minimum garden space standards for children’s homes but some provision was sought;

·         use would be made of a private parking area in Lower Albert Street for staff and visitors;

·         there would be a secure bike store on site and the home was close to a good public transport network; and

·         contrary to officers’ views, the applicant’s agent considered that there was no planning breech of the upper floors of the building where a person was currently residing but the individual would be moving shortly and no enforcement action was necessary.

 

Councillor Vizard, having given notice under Standing Order No. 44, spoke on the item. He raised the following points:-

 

·         the urgent need for the provision of children’s homes was well established and the loss to the community of The Globe pub and business was regrettable but there had been a rise in anti-social behaviour and noise disturbance associated with the pub in its final months but no appropriate offer had been forthcoming to re-let;

·         whilst another community amenity, the Clifton Hill Sports Centre, had also been lost, the Council had facilitated a state-of-the-art new leisure centre in the ward and a new community building in Belmont Park;

·         replacing the traditional windows of the pub with UPVC was regrettable, as was the internal refurbishment prior to planning approval. Whilst the replacement windows would have a negative impact on the visual amenity of the area they were desirable from a safety and security point of view;

·         there were local concerns regarding possible anti-social  behavior from a children’s home in the heart of Newtown which is already a significant problem in the area. The input from the Police including the Designing Out Crime Officer, Devon County Council and Ofsted, and by the additional design and security measures was reassuring. However, the safety and security of the home’s residents and wider community are of the highest importance, and it is vital that the applicant and agencies continue to cooperate effectively to minimise risk;

·         other concerns are the potential for noise disturbance and neighbours’ loss of privacy arising from the existing external staircase, but it is hoped that the metal screening and removal of the door to the former function room will address these;

·         the provision of an outside recreation area requires attention;

·         welcome the bike store and hope that this provision will prevent a significant increase in vehicles and parking issues;

·         note the clarification on staffing levels and the 24/7 contact number for complaints and Devon County Council’s Children’s Services team have offered guidance;

·         ward Councillors will continue to monitor the situation closely and ensure good lines of communication to address any problems; and

·         local concerns and objections have been expressed genuinely and constructively from a very tolerant and inclusive community. 

 

Jane Robey spoke against the application. She raised the following points:-

 

·         speaking on behalf of all the residents in Belmont Road Clifton Road and Albert Street who have submitted objections to the proposed change of use of the Globe Inn from a pub to a children’s home;

·         no public engagement with no public postings;

·         the change of use does not benefit the Newtown residents who will lose a community amenity;

·         it is for wider benefit of Devon County Council and their child care crisis not Newtown residents;

·         change to UPVC for the windows is regretable;

·         the Globe is already operational and the rear is an eyesore with none of the police design out recommendations implemented. The proposed screen is not conducive to family living;

·         access to the rear should be made through the ground floor only using the fire escape for its intended purpose;

·         noise transference will have a major impact on all houses surrounding the car park and using the space for recreation will impact on daily lives negatively;

·         the self-contained studio apartments are too small. A 16-18 year old should have the same level of comfort as an adult;

·         the three self-contained units have no reception or concierge to support the young people and prevent access by unwanted visitors or manage unreasonable behaviour;

·         serious concerns about security and safety as this is a high crime area and the Police have raised their concerns. It is an area unsuitable for vulnerable young children;

·         management, care quality standards, environmental health concerns have not been addressed; and

·         residents will have to bear the burden of this change.

 

Responding to a Member, she stated that she did not feel that security would be adequate enough to control the comings and goings of the older children especially in view of the existing anti-social behaviour in the area which could be an attraction to some of the inhabitants.

 

Chris Riordan spoke in support of the application. He raised the following points:-

 

·         speaking as the responsible individual for The Globe on behalf of Central and Southern Homes whose priority will always be the welfare of the children but also to work with neighbours and contribute positively to the community;

·         over time, the trust of neighbours will be gained and there will be active engagement;

·         possess many years’ experience in running successful children’s homes on a much larger scale working in harmony with the local residents.  Although there is a perception of children’s homes being associated with antisocial behaviour and a drain on police resources in the area this is not the case when the home is managed effectively and has the right level of support in place;

·         children need to be given the opportunity to live closer to a city and learn how to safely manage the risks associated as this is where the majority of children will move to when they become 16;

·         OFSTED approve the proposal and will review annually with six monthly inspections. There are also monthly independent quality assurance visits from the National Youth Advocacy Service who report back to OFSTED and there is close liaison with the Missing Persons team;

·         staff are trained to a high standard in all areas including the risks of exploitation and county lines;

·         there is a huge need for children’s homes, too many children being sent hundreds of miles away from their families and communities  Too many children are being sent down paths that lead to poor outcomes, drink, drugs, county lines and homelessness because there is a void in the care system that means currently there are no other options for these children.

 

He responded as follows to Members’ queries:-

 

·         every measure  possible would be taken to ensure the safety of the children, using previous experience of operating within the heart of a community;

·         this will be fully regulated in accordance with OFSTED conditions as there have been significant problems with unregulated homes;

·         the ratio of support and supervision for each individual child will reflect their needs with full consultation with the child’s social worker and there will be very close supervision of each child’s movements out of the premises. Many will have one to one supervision at all times.

 

Members expressed the following views:-

 

·         will resources be sufficient to adequately protect the children particularly in light of the Police data on the prevalence of drug use in the ward and are insulation measures sufficient?

·         whilst crime issues are recognised, Devon and Cornwall is generally a lower crime area than some other UK areas;

·         evidence from similar facilities in Exeter such as pupil referral units, special schools and move on facilities suggest that ultimately the facility will settle into the community with minimal problems;

·         the growing need to support the County’s children is evident when some 71 of 120 children needing support had to be placed outside the County recently;

·         the importance of the facility being regulated rather than un-regulated and priority being given to protecting children;

·         the premises is close to the city centre with facilities such as the cinemas, the new leisure centre and Exeter College; and

·         further discussions to be held with the applicant to improve sound proofing of the building and to limit the hours of use of the garden/outdoor space.

 

The recommendation was for approval, subject to the conditions as set out in the report.

 

The proposals for delegated authority to be granted to the Service Lead City Development, subject to prior consultation with the Chair and ward Councillors, to seek with the applicant adequate sound proofing of the building and to limit the hours of use of the garden/outdoor space were proposed as amendments.

 

The recommendations, as amended, were moved and seconded and, following a vote, carried.

 

RESOLVED that the Service Lead City Development, subject to prior consultation with the Chair and ward Councillors in respect of conditions to be negotiated with the applicant to seek adequate sound proofing of the building and to limit the hours of use of the garden/outdoor space, be authorised to approve planning permission for the change of Use from Public House (Class A4) to Children's Home (Class C2), subject to the following conditions:-

 

1)           The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To ensure compliance with sections 91 and 92 of the Town and Country Planning Act 1990.

 

2)           The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 31 December 2020 (drawing nos. 253 P 1.02 Rev. A, 253 P 1.03 Rev. A, 253 P 1.04 Rev. A, 253 P. 1.05 Rev. A and 253 P 2.02 Rev. B) and 17 July 2020 (drawing no. 253 P 2.01) as modified by other conditions of this consent.

Reason: In order to ensure compliance with the approved drawings.

 

3)           Prior to their installation on site, full details of the plant intended for the plant room shall be submitted to, and approved by, the Local Planning Authority. Depending on the precise nature of the plant, the Local Planning Authority may request that a Noise Impact Assessment and noise mitigation strategy is provided before concluding whether the plant is acceptable. In the events of the plant details being considered acceptable, the plant shall thereafter be installed in accordance with the approved details.

Reason: In the interests of residential amenity.

 

4)           The development shall not be occupied until the cycle storage facilities, as shown on the proposed ground floor plan, have been provided and made available to staff, residents and visitors for use. Unless otherwise agreed with the Local Planning Authority, the cycle storage facilities shall be maintained and retained over the lifetime of the development.

Reason: To encourage the use of sustainable forms of transport.

 

5)           Unless otherwise agreed with the Local Planning Authority, the rooflights hereby approved, as shown on Proposed First and Second Floor Plans, shall be installed within 3 months from the date of commencement of the use.

Reason: In the interests of the amenities of the occupiers of the building.

 

6)           Prior to their installation on site, full details of the replacement door to the media zone, the colour (or RAL number) of the metal staircase screen, the fencing/walls around the rear garden and any external lighting shall be submitted to, and approved by, the Local Planning Authority. The door, screen, fencing/walls and external lighting shall thereafter be installed in accordance with these approved details.

Reason: Insufficient information has been submitted with the application and in the interests of security and residential and visual amenity.

 

7)           Prior to the commencement of the use of the home, all of the security measures described in the document ‘Security and Secure By Design’ (received on 31 December 2020) shall be implemented and thereafter retained and maintained, unless otherwise agreed with the Local Planning Authority.

Reason: In the interests of safety, security and designing out crime.

 

Informatives

 

1)     In accordance with the Conservation of Habitats and Species Regulations 2017, this development has been screened in respect of the need for an Appropriate Assessment (AA) and given the nature and scale of the development it has been concluded that the proposal does not require an AA.

 

     2)      In accordance with Paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant's agent by negotiating amendments and providing advice to enable the grant of planning permission.