Hyndburn Council dismisses second care home appeal

A second appeal to overturn a council’s refusal to allow a suburban family house into a small children’s care home has been dismissed. Planning inspector Mr M Clowes confirmed the previous decision to reject the bid by Edward Smethurst from Altham-based Prosperity Children’s Services Ltd, formerly named Trinity Care and Education Services.

His appeal related to 7 Bluebell Way in Huncoat which he wished to turn into a residential care home for a mother and baby (or for two children) supported by up to three carers. In April, Hyndburn Council planning committee overruled its officers’ advice and rejected the proposal and a similar one for 49 Bluebell Way.

The decision followed an emotional plea from Kelly Ball who told councillors how her young child had already been knocked down on the road because of double parking. The company appealed both refusals of planning permission winning approval from the government’s planning inspectorate for number 49 but losing regarding number 7.

Mr Smethurst lodged a new appeal relating to number 7. But Mr Clowes has ruled in favour of the refusal for the latter property.

His report re 7 Bluebell Way after a site visit says: “The appeal is dismissed. An earlier decision for this scheme was quashed in relation to the inspector failing to have regard to a previous appeal decision relating to No 49 Bluebell Way for similar development.

“Interested parties refer to the property being operated as a care home and as a school. It would appear from my observations during my visit that the property is already being operated as some kind of Class C2 use with children and carers present.

“It seems to me that the proposal could be retrospective, or at least it is being operated on a very similar basis to that proposed. The appeal site comprises a detached dwelling at the junction of Bluebell Way and Sedum Gardens.

“It includes an integral garage and an external car parking space for one vehicle. The proposal includes the provision of one further parking space within the front garden.

“Photographic evidence indicates that significant on-street parking does occur at times in the vicinity of the appeal site. Bluebell Way is the main road for accessing the majority of homes on the housing estate.

“Meandering in nature and with numerous junctions and driveways, there are few places for safe on-street parking. Insufficient on-plot space would lead to a reliance on on-street/pavement parking around a junction which would compromise safety and cause inconvenience, hindering the free passage of pedestrians likely to include children walking to and from Huncoat Primary School, or those accessing nearby facilities such as the public house.

“I find that the proposal would result in a greater demand for car parking that would not be met by on-site provision. This would result in an intensification of on-street car parking demand close to a junction, that would lead to an unacceptable impact on highway and pedestrian safety.

“I acknowledge that the proposal would provide housing to meet the needs of specific groups and would support local employment opportunities. However, being a single care home for a limited number of occupants, it would make only a small contribution to such provision.

“The limited benefits of the scheme in do not outweigh the harm identified in respect of highway and pedestrian safety.”

Campaigner Jackie Rawstron speaking on behalf of local residents said: “We welcome the decision of the independent planning inspector who has agreed with our concerns over highway and pedestrian safety issues.”

Prosperity Children’s Services Ltd has been approached for comment.

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