Agenda item

To consider planning application 20/0219 for use of bungalow as a residential care home for up to 2 persons aged 8-17 years old at 124 Norbreck Road.

The Planning Committee considered application 20/0219 for use of bungalow as a residential care home for up to two persons aged 8-17 years old at 124 Norbreck Road.

Miss Susan Parker, Head of Development Management, provided an overview of the history of the application and reminded Members that the Committee had previously resolved to approve the proposal in September 2020, however no planning permission had yet been granted due to the requirement for a Section 106 legal agreement to be completed. Subsequent legal advice had concluded that Children’s Residential Care Homes, such as that proposed at 124 Norbreck Road, and Semi-Independent Supported-Living facilities both classified as similar specialist use in planning terms, and should not be located within 400 metres of an existing such use.

Miss Parker explained that as the property was within 400 metres of an existing specialist care facility it was deemed appropriate to refer the matter back before Members for reconsideration as a result of the legal advice received due to the material change in circumstances. She recommended the Committee now refuse the application as it was contrary to Policy BH24 of the Blackpool Local Plan 2001-2016.

Mr Daniel Lee, applicant, spoke in support and asked the Committee to take account of the lengthy application process that had begun in September 2019 during which time all requirements were followed and the application resubmitted as changes to policy became apparent. Members’ attentions were drawn to a similar specialist use facility at 66A Norbreck Road, the existing provision of which had resulted in the Officer’s recommendation to refuse this application. Mr Lee understood that 66A Norbreck Road had not followed a similar process of application for planning permission and considered that the Committee should grant the application for 124 Norbreck Road based on Mr Lee’s adherence to the advice received.

In response, Miss Parker noted Mr Lee’s co-operation and patience during what had been a lengthy and challenging process and confirmed that no planning application had been submitted for 66A Norbreck Road. She explained to the Committee that the property had been subject to an enforcement investigation which found that the use had existed for sufficient time for it to be lawful in planning terms and there was no obligation by the operators to submit a planning application.

Members acknowledged the disappointment caused to the applicant as a result of the change in policy. The Committee discussed the impact on the effectiveness of the Advice Note approved earlier in the meeting, and concerns were raised that a precedent would be set should the application be approved in contravention of that policy. Mr Ian Curtis, Legal Advisor, reminded Members that should the application be approved the Committee would need to provide justification in planning terms as to why a departure from that policy was being made.

The Committee concluded that on balance it would not be right to depart from the recently approved policy and agreed to refuse the application.

Resolved: To refuse planning application 20/0219 due to the property being within 400 metres of an existing specialist care facility falling within Use Class C2 and meeting similar needs. The proposed use would therefore result in an over-concentration of such specialist uses in the immediate vicinity which would be detrimental to the character of the area and contrary to the provisions of Policy BH24 of the Blackpool Local Plan 2001-2016.

NOTE: Councillor D Coleman, having declared a prejudicial interest, left the meeting and took no part in the discussion or voting on this item.