Change in law sought over rise in number of children’s homes in area

Motion calls for full planning approval for ‘businesses’

A CALL has been made for a change in the planning law for children’s homes.

A motion calling for the change, which would see full planning permission being required for any new home, was put forward at last week’s full meeting of Staffordshire Moorlands District Council.

It comes after several new homes have plans to open in the Staffordshire Moorlands.

The motion, put forward by Councillor Peter Wilkinson, said: “There is great concern about the emergence of children’s care homes in the Staffordshire Moorlands.

“These are often large private houses, purchased by entrepreneurs who then convert them into children’s homes without a change of use planning consent.

“The position at the moment is that a dwelling (use class C3) includes use for up to six persons living together as a single household where care is provided, and it is considered there is no change of use and planning permission is not required.

“This is wrong because these are businesses in every sense and planning permission should be obtained as there is a change of use from dwelling house (C3) to children’s home (C2) and full consultation should be undertaken with relevant stakeholders.

“Could I request that a Notice of Motion be considered by the authority calling for planning permission for the change of use of a private dwelling to children’s home and if it is felt worthy of support then I request it goes directly to Nadhim Zahawi, Secretary of State for Education, with copies to all Moorlands MPS asking for their support.”

Speaking to councillors, Councillor Wilkinson said: “I believeallapplicationsofthisnature require full planning permission and should not be issued with a certificate of lawfulness. Following an assessment of case law and an inspector’s decision in 2010 at Stockport, use of a premises as a children’s home will generally be held to fall within Class C2 of the order (residential institutions).

“I believe there is a material change of use in these circumstances.

“Relevant factors will include the movements to and from the premises, including shift patterns, the need of visitors on a regular basis, including emergency services. The internal fitting out of the premises with fire alarms, lockable doors and the need for risk assessment would also be factors suggesting that a material change of use has taken place.

“Any property operating on a certificate of lawfulness needs to submit a full planning application, so they can be properly assessed and all stakeholders consulted.

“It appears the Moorlands is being targeted by independent providers because capital expenditure on property and staffing costs are lower. However, local authorities have a general duty where practicable to provide accommodation that is within the local area and allows the child to live near their home.

“The Education Select Committee in 2014 acknowledged the appeal of a rule which prohibited placements of more than 20 miles away from home.

“In its 2018-19 annual report Ofsted reported that, as at March 31, 2018, around half of all children’s homes were placed more than 20 miles from home, 60 per cent were living outside of their home local authority.”

Deputy leader of the council, Councillor Mark Deaville, said that the motion was a “no brainer”. He said: “Children must come first. Many are in the wrong place with some two or three miles from the nearest shop.”

Councillor Stephen Ellis said more information was required at planning meetings. He said: “It is very difficult. Some language used is disgusting saying they are rowdy and druggies, it is appalling. There are homes in Ipstones and Mobberley which are out in the sticks and not near services. Would I choose to put them in the middle of nowhere? The view is to get people in where they can get support.”

Councillor John Jones said: “There needs to be a national policy change. Children want to be in the community.”

Councillors voted to support the motion put forward.