Agenda item

A report was submitted to committee to set out the intended approach for the determination of planning applications relating to the proposed change of use of properties as residential and supported accommodation and to explain the reasoning behind the intended approach and invite the comments of the committee.

There had been an increasing pressure to use properties as residential and supported accommodation for adults. Some of these requests were in the form of Certificate of Lawfulness applications. Where a certificate was granted, the Council has no control over the occupancy of that home. As a result, many such homes have the potential of being used to accommodate vulnerable people requiring care and support from outside of the Blackburn with Darwen area. This is placing a strain on local public sector resources to the detriment of local service delivery, and can make it more difficult for the Council to accommodate local, vulnerable people within Blackburn with Darwen.

Recently officers within the Development Management Team have judged that the change of use from a house to a Residential and Supported Accommodation (for up to 6 people) was not material, which in nature does not constitute development, and therefore does not require planning permission. However, in recent months new information had become known, with the approach being taken by Blackpool Borough Council, in the form of case law, and the advice they received from Counsel. In addition, the Development Management Team has been working closely with Public Protection, Public Health and Adults Social Care Services to better understand the nature of residential and supported accommodation and the issues that occur within the sector.

It is now considered that the change of use from a house to a home for residential and supported accommodation was material and was therefore development requiring planning permission for the following reasons:

·       Change in the character of the use based on the day-to-day activity, operations and physical layout;

·       Impact of the proposal – the uncontrolled loss of family homes is a material planning consideration; case law has established that increased strain on local public sector resources can be accepted as an indicator of a material change of use;

It is accepted that not all vulnerable people will place strains on the Council’s services, however because the Council cannot place any controls on a Certificate of Lawfulness, these factors must all be taken into account when assessing such applications.

The Development Management Team following consultation with Adults Social Care Services have produced a Planning Advisory Note, which was intended to inform and assist applicants seeking planning permission for the development of or the change of use of an existing building to home for residential and supported accommodation.

Members of the Committee discussed the Planning Advisory Note and understand the importance of the document.

RESOLVED –

·       That the Committee noted the issues described in the report.

·       That the Committee endorsed and approved the proposed Planning Advisory Note, to be used as a material planning consideration in the determination of any new applications for homes for residential and supported accommodation, and the Note to be published on the relevant planning and Adult Social Care web pages.