Appeal 3291205

The appeal is allowed and planning permission [name]/2021/01116 for change use of farm house and piano barn from dwelling to C2 home for children in care (with no age restriction) and conversion of existing barn including alterations to the front elevation to form classrooms ([name] - corrected description) at [site address] , [site address] , Newborough [postcode] , granted on 23 December 2021 by East Staffordshire Borough Council, is varied by deleting condition 6.

The main issue is whether condition 6 is reasonable and necessary in the interests of safeguarding the living conditions of neighbours.

Based on the Council’s report to Planning Committee, the imposition of condition 6 stems from the proposed increase in the age range of the care home occupants and the perceived concerns about anti-social behaviour and increase opportunities for crime and fear of crime.

However, it cannot be presumed that potential occupiers of the care home would behave in an anti-social manner or increase opportunities for crime and fear of crime.

The aim of the care home is to provide accommodation for up to 6 children between the ages of 7 to 16 in an environment which is as close to conventional family life. Moreover, the appellant and other care providers and specialists would be responsible for ensuring the effective management of the care home and the children in their care.

With the availability of on-site education facilities, it is likely that the children would spend most of their time at the appeal property, which is physically separated from nearby properties. [name] acknowledge that the children may travel about the area and use (albeit limited) local services and facilities, there is effectively no convincing evidence that local residents would actually experience anti‐social behaviour as a consequence of this or the proposal.

Furthermore, should any specific matters in respect of crime or anti‐social behaviour arise, these could be investigated and addressed by the authorities responsible for regulating the care home and/or the Police.

For the above reasons, condition 6 is neither reasonable nor necessary. Consequently, the removal of condition 6 would not harm the living conditions of neighbours. As such, there would be no conflict with policies SP1 and DP1 of the East Staffordshire Borough Local Plan (LP) and Policy HE4 of the Newborough Neighbourhood Plan. Together, these policies seek to safeguard the amenities of neighbours and reduce the potential for crime.

The Council’s submissions also refer to LP policies DP3 and DP7. The former relates to matters of detailed design and the latter to pollution and contamination. As such, these policies are not specifically relevant to crime and anti‐social behaviour. I, therefore, find no conflict with these policies.

I have taken account of the representations made in support of the retention of the disputed condition. However, for the reasons set out above, these do not affect my findings on the main issue.

For the reasons given above, I conclude that the appeal should succeed. I will vary planning permission ([name]/2021/01116) by deleting disputed condition 6.