Agenda item

REPORT OF THE SENIOR PLANNING OFFICER

Change of use of existing residential dwelling to registered Children's Home (C2)

RESOLVED: That application 23/00590/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager with the following amendment to condition 6:

 

“Condition 6:

 

Location and details of the fence to be erected between the host property and the neighbouring property of No.91 shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced and the approved details shall be implemented on site.

 

Reason: To ensure that the development will have an acceptable appearance which does not detract from the appearance and character of the surrounding area.”

And the addition of Condition 7 to read:

 

“Condition 7:

 

Prior to the change of use, the proposed Children’s home shall incorporate an Electric Vehicle (EV) domestic ready charging point.

 

EV Charging Point Specification: A charging point shall be installed by an appropriately certified electrician/electrical contractor in accordance with the following specification. The necessary certification of electrical installation should be submitted as evidence of appropriate installation to meet the requirements of Part P of the most current Building Regulations. Cable and circuitry ratings should be of adequate size to ensure a minimum continuous current demand for the vehicle of 16A and a maximum demand of 32A (which is recommended for Eco developments)

 

·       A separate dedicated circuit protected by an RBCO should be provided from the main distribution board, to a suitably enclosed termination point within a garage or an accessible enclosed termination point for future connection to an external charge point.

 

·       The electrical circuit shall comply with the Electrical requirements of BS7671: 2008 as well as conform to the IET code of practice on Electric Vehicle Charging Equipment installation 2012 ISBN 978-1-84919-515-7 (PDF). This includes requirements such as ensuring the Charging Equipment integral protective device shall be at least Type A RCD (required to comply with BS EN 61851 Mode 3 charging).

 

·       If installed in a garage all conductive surfaces should be protected by supplementary protective equipotential bonding. For vehicle connecting points installed such that the vehicle can only be charged within the building, e.g. in a garage with a (non-extended) tethered lead, the PME earth may be used. For external installations the risk assessment outlined in the IET code of practice must be adopted, and may require additional earth stake or mat for the EV charging circuit. This should be installed as part of the EV ready installation to avoid significant on cost later.

 

·       A list of authorised installers (for the Government’s Electric Vehicle Homecharge Scheme) can be found at https://www.gov.uk/government/organisations/office-for-low-emission-vehicles.

 

·       UK Government is intending to issue legislation in 2021 to require domestic EV charge points to be smart, thus we recommend that all charge points will be capable of smart charging, as detailed in UK Gov consultation response.

 

Reason: To contribute to the objective of providing a sustainable transport network and to provide the necessary infrastructure to help off-set the adverse impact of the operational phase of the development on local air quality.”

Audio recording - 4 minute 31 seconds

 

Councillor Sam Collins entered the Council Chambers at 19:40. There was a break in proceedings and the meeting resumed 19:48

 

The Senior Planning Officer informed the Committee that there were no updates or changes since the report.

 

The Senior Planning Officer presented the report in respect of Application 23/00590/FP supported by a visual presentation consisting of photographs and plans.

 

The Senior Planning Officer summarised that:

 

·       There would be parking for 3 to 4 vehicles, with the door at the side of the property facing number 91.

·       A fence would be erected between the property and number 91.

·       The first-floor window facing number 91 would be obscured.

·       No technical objections to this application had been received.

 

The following Members asked points of clarification:

 

·       Councillor Louise Peace

·       Councillor Mick Debenham

 

In response to the points of clarification the Senior Planning Officer stated that:

 

·       There were no material changes to the exterior, this application was for the change of use.

·       There was no information on the circumstances of those using the property and this was not relevant to the application.

 

The Chair invited Mr Paul Tate to speak against the application. Mr Tate thanked the Chair for the opportunity and provided the Committee with a verbal presentation including that:

 

·       He resided at number 91, next door to the property in this application.

·       The first-floor window facing number 91 had yet to be obscured, which was impacting privacy and noise in his property.

·       There was ambiguity in the application about what children would be living in the property.

·       A vulnerable young person resided with Mr Tate, and the application would restrict their freedom and mental wellbeing and would be contrary to policy D3 in the Local Plan.

·       The applicant had not made any attempts to engage with the neighbours, two meetings have occurred instigated by Mr Tate regarding the change of use application.

·       Contact had been made with the Planning Enforcement team regarding the dormer extension currently being built at the applicant’s property. Only an automated response had been received from Planning Enforcement.

 

The following Members asked points of clarification:

 

·       Councillor David Levett

·       Councillor Nigel Mason

 

In response to the points of clarification Mr Tate advised that:

 

·       No objections were made for the previously approved dormer extension, as it was assumed this was to extend a family home not to run a 24/7 business.

·       There had been conflicting documents submitted by the applicant, however the application was from a commercial organisation, to operate a business.

 

The Chair thanked Mr Tate for his presentation and invited Councillor Sam Collins to speak against the application. Councillor Collins thanked the Chair for the opportunity and provided the Committee with a verbal presentation including that:

 

·       The application was vague, misleading, and contradictory.

·       The applicant stated that this was not a commercial business, however they own three other profit-making businesses.

·       The application did not clearly state the category of children, was it C2 or C2A.

·       It was stated in the application that no visitors would be attending the home, but then mentioned that Ofsted and Hertfordshire County Council would inspect the home.

·       122 residents raised concerns regarding the application.

·       No one was opposed to a facility for Looked After Children, but the information supplied was unclear.

·       The proposed area was residential, and the area had covenants regarding the change of use to a commercial facility.

·       4.3.10 of the report did not contain enough information from the applicant, to enable a full assessment regarding crime, and the fear of crime, which were material planning considerations.

 

The following Members asked points of clarification:

 

·       Councillor Louise Peace

·       Councillor Nigel Mason

·       Councillor Val Bryant

 

In response to the points of clarification Councillor Collins advised that:

 

·       It was mandatory for any facility for Looked After Children to be inspected by Hertfordshire County Council and Ofsted.

·       The applicant was denying that this children home was a business, stating it was merely a commercial entity.

 

The Chair thanked Councillor Sam Collins for his presentation.

 

In response to the points raised during the public presentation the Area Planning Officer advised that:

 

·       Ofsted would not be involved until after planning permission had been granted.

·       The classification for use in this application was C2, a residential institute.

·       This application was for the change of use of the property, and not related to the extension which had previously been granted planning permission.

 

The following Members took part in debate:

 

·       Councillor Michael Muir

·       Councillor David Levett

·       Councillor Nigel Mason

 

Councillor Nigel Mason proposed the application to be approved with an additional requirement to install an electric vehicle charging point, and Councillor David Levett seconded and, following a vote, it was: 

 

RESOLVED: That application 23/00590/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager with the following amendment to condition 6:

 

“Condition 6:

 

Location and details of the fence to be erected between the host property and the neighbouring property of No.91 shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced and the approved details shall be implemented on site.

 

Reason: To ensure that the development will have an acceptable appearance which does not detract from the appearance and character of the surrounding area.”

And the addition of Condition 7 to read:

 

“Condition 7:

 

Prior to the change of use, the proposed Children’s home shall incorporate an Electric Vehicle (EV) domestic ready charging point.

 

EV Charging Point Specification: A charging point shall be installed by an appropriately certified electrician/electrical contractor in accordance with the following specification. The necessary certification of electrical installation should be submitted as evidence of appropriate installation to meet the requirements of Part P of the most current Building Regulations. Cable and circuitry ratings should be of adequate size to ensure a minimum continuous current demand for the vehicle of 16A and a maximum demand of 32A (which is recommended for Eco developments)

 

·       A separate dedicated circuit protected by an RBCO should be provided from the main distribution board, to a suitably enclosed termination point within a garage or an accessible enclosed termination point for future connection to an external charge point.

 

·       The electrical circuit shall comply with the Electrical requirements of BS7671: 2008 as well as conform to the IET code of practice on Electric Vehicle Charging Equipment installation 2012 ISBN 978-1-84919-515-7 (PDF). This includes requirements such as ensuring the Charging Equipment integral protective device shall be at least Type A RCD (required to comply with BS EN 61851 Mode 3 charging).

 

·       If installed in a garage all conductive surfaces should be protected by supplementary protective equipotential bonding. For vehicle connecting points installed such that the vehicle can only be charged within the building, e.g. in a garage with a (non-extended) tethered lead, the PME earth may be used. For external installations the risk assessment outlined in the IET code of practice must be adopted, and may require additional earth stake or mat for the EV charging circuit. This should be installed as part of the EV ready installation to avoid significant on cost later.

 

·       A list of authorised installers (for the Government’s Electric Vehicle Homecharge Scheme) can be found at https://www.gov.uk/government/organisations/office-for-low-emission-vehicles.

 

·       UK Government is intending to issue legislation in 2021 to require domestic EV charge points to be smart, thus we recommend that all charge points will be capable of smart charging, as detailed in UK Gov consultation response.

 

Reason: To contribute to the objective of providing a sustainable transport network and to provide the necessary infrastructure to help off-set the adverse impact of the operational phase of the development on local air quality.”