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APPLICATION NUMBERS: P/2017/ 0495/S73 and P/2017/0551/S73PROPOSAL: Variation of condition 4 on approval

P/2014/0703, to allow individuals up to the age of 25 years.Variation of condition 15 on approval P/2013/0588, to allow individuals up to the age of 25 years.

LOCATION: Briars Hey Residential Home, Mill LaneRainhill

WARD: Rainhill WardAPPLICANT: C/o Elysium Healthcare LtdCASE OFFICER: Mr John WaddelowRECOMMENDATION: Grant the variation of conditions

applications.

1. APPLICATION SITE 1.1 Briars Hey which has a longstanding institutional use, lies within the Green Belt

to the south of Mill Lane in Rainhill, adjacent to Tower College, which is a school. On the opposite side of Mill Lane from the site lies a residential estate comprising Stonecross Drive, Sandstone Close and Briars Close. The nearest residential property to the site boundary is 2 Stonecross Drive which lies 20.5m from the site. There are agricultural fields to the south of the site and to its west. Further to the west there are houses along the southern side of Mill Lane. Mill Lane is traffic calmed.

1.2 The site comprises a number of buildings, including the main Briars Hey house, an ex- stable block, and a new courtyard building. The ex - medium secure unit (MSU) which is a detached building, at the rear of the site is now in a semi derelict condition.

1.3 Briars Hey house is mainly a three storey building with the third storey within the roof and a fourth storey in a tower in its north eastern corner. The stable block is a two storey building, with the first floor within the roof. The outbuildings are single storey.

1.4 The main house and stable block were originally built as a private residence in 1868 and are set within extensive landscaped grounds. The main house is a grade II Listed Building, and the buildings within its grounds are also considered to be listed given that they lie within the curtilage of the main house. The listing description says that the main house is of special architectural interest as the most important domestic design by the notable architect William Brakspear.

1.5 Access to the site comprises two vehicular accesses from Mill Lane, and pedestrians also use these. The northern site boundary with Mill Lane comprises a mixture of sandstone walls, fencing, mature trees and landscaping.

1.6 The main house and stable block are visible from Mill Lane. The driveway sweeps around the main house through ornamental lawns to parking areas at its western and southern sides. The eastern boundary is formed by a 2m high

sandstone wall which demarks the boundary with Tower College. Glimpses of

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the College and some of its outbuildings are possible over parts of the wall/ fencing where vegetation is not growing. The northern site boundary is formed by Mill Lane.

2. PROPOSAL

2.0 The planning application is made to vary the planning conditions, which are attached to the planning permissions P/2013/0588 and P/2014/0703, (15 and 4 respectively) which were granted previously and implemented. The purpose of varying the conditions, which relates to the precise description of the individuals who can use and reside on the premises.

2.1 The relevant conditions number 15 and 4 reads as follows:

The precise authorised uses shall be for the treatment and care of individuals who have been identified as being in need and/or would benefit from the provision of Tier 4 child and adolescent mental health service ( CAMHS) and for no other purpose without the express grant of planning permission.

2.2 When the premises were last occupied on the basis of the refurbishment and extension works permitted by approval P/2013/0588 and P/2014/0703, it was for young people who had eating disorders and similar conditions. The purpose of the current amendment is to allow the use of the premises by a broader range of individuals and to increase the age range from upto18 to 25.

2.3 The ownership of the premises has changed from the previous owner operator Raphael Health Care to Elysium Health Care, who it is understood have a national presence specialising in the treatment, care and rehabilitation of individuals with acute mental illness, personality and eating disorders amongst others.

2.4 The applicants proposed variation, in the submitted applications, reads as follows:

The premises shall be for the admission treatment and care of individuals up to the age of 25 years old and for no other purpose without the express grant of planning permission.

3. CONSULTATIONS

Highways Advisor – there are not deemed to be any significant highway implications associated with the proposed variation of condition. With regard to a previous application when it was intended as, the centre for the treatment of eating disorders a Transport Assessment was submitted. The transport assessment has been re- examined, which identifies the trip generation based on the land use as a ‘health-private hospital’. This resulted in a trip generation of 26 and 29 two way trips during the 08.00 -09.00 and 16.00- 17.00 school peak hours which was considered acceptable. I have carried out a trip generation exercise for an ‘education-residential school’ using TRICS. This has identified that a trip generation of 38 and 14 two way trips during the 08.00 -09.00 and 16.00-17.00 hours respectively. By comparison, this is a slightly higher number of trips during the am school peak hour and less than half the trip generation during the pm school peak hour. Further the applicant has confirmed that students traveling to the school will be by shared transport, with mini buses being the primary mode. This may further reduce the trip generation from that stated above

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(unfortunately TRICS, doesn’t provide information on mini bus use). No highway objections are raised to the proposals.

Rainhill Parish Council- Objection raised. Concerns that the extension in the age range of clients accommodated could lead to an increase in vehicle movements. Given the restricted visibility along this stretch of Mill Lane, any increase in vehicles is considered to be a danger to highway safety. Other issues which raised concern with the Parish Council are not considered material planning matters and will be raised separately with the owners and other regulators.

4. REPRESENTATIONS

4.1 The application has been advertised using site notice(s), a press notice and an individual neighbour letter to Tower College adjacent. As a result of the publicity given to the applications, six independent representations have been received (inclusive of the civic society) which are summarised as follows:

The site is directly adjacent to a school (and nursery) and there is a residential estate opposite. This is not an appropriate location for this use.

The previous management and occupation of the premises was not appropriate with significant difficulties caused to the local community. Are the same staff to be employed?

The previous use was falsely described and the current description as a school is incorrect .It would be a prison or pre prison facility.

Change of use from Tier 4 CAMHS to a facility for up to 25 year olds falls into a different category. The applicants should be made to prove that they can run the facility safely.

The use should not be permitted to continue because of the loss of amenity and danger to the community.

Additional traffic. Mill lane is inadequate in terms of vehicles and pedestrians. Even the emerging plan suggests amendments are required.

5. SITE HISTORY

5.1 Briars Hey was used as a private dwelling until 1938, and then it was occupied as a convent by the St Joseph Heart Hospital School. From the 1970s the Briars Hey site was used as an approved school/remand centre and secure unit for adolescent females. This use continued until 2004. By the time of its closure in 2004, the premises had become an establishment housing young females in a secure environment. The Briars Hey site can historically be regarded as having a lawful use for the housing of patients in a secure environment. This provides the broad context for the subsequent applications.

5.2 Applications for redevelopment of the site were submitted in 2007, which were withdrawn, and then in 2008 application s P/2008/0617 and 619 were

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refused and subsequently appealed. The appeals were dismissed but these applications were followed by revised schemes in 2011 and 2013/14. The revised schemes were approved and are material to the determination of the current proposals. The schedule of applications relating to the site is outlined as follows:

P/2013/0588 Application for full planning permission for demolition of existing modern extensions to Briars Hey, including part first floor and ancillary curtilage buildings, provision of new pitched roof over retained ground floor extension and alterations to fenestration. Construction of 1x 6 bed residential health care unit (Class C2) demolition of existing Class 2a building and surrounding fencing, replacement of 12 bed unit (class C2) associated car parking, access and landscaping. Granted with conditions.

P/2014/0703 Re-instatement, external restoration and alteration of gate house/lodge and stables /coach house to facilitate re use for C2 adolescent services- 9 bedrooms. Granted with conditions 26/11/2014.

P/2011/0779 (pp) and P/2011/0780 (lb) Redevelopment to provide a specialist service (24 beds) for the treatment, care, nursing and management of children, adolescents and young adults who are diagnosed with an eating disorder with associated ancillary facilities and office accommodation. Redevelopment specifically comprises:

i) external alterations to existing Grade Two Listed Building (main house) including removal of 1st floor extension and replacing it with a new glazed/cladding structure; replacement of existing dormer (south elevation); removal of fire escape staircase, and re-opening of original entrance (west elevation);

ii) demolition of existing single storey extension to main house and other structures situated to the east of the stable block and the erection of a single storey building attached to the main house and the stable block to provide 2 x 8no bed units and ancillary facilities;

iii) external alterations to the stable block to create a further 8 bed unit including replacement of dormer windows and roof; new entrance archway; render to existing staircase at its southern end and demolition of brick single storey extension at its northern end; and

iv) car park 42 (spaces), access improvements (including realignment of boundary wall to Mill Lane), landscaping and ancillary development. Granted with conditions 24.4.2012.

P/2008/0617 and P/2008/0619 Redevelopment comprising: External and internal alterations to existing Grade II Listed Building (Main House) including removal of 1st floor extension and replace it with a new pitched roof and demolition of utilitarian structures and later additions and erection of a new 20 bed single storey low secure unit attached to existing Grade II Listed Building (Main House);

External and internal alterations to the Stable Block to provide 9 pre-discharge/rehabilitation units comprising: removal and rebuilding of brick

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staircase wall to its southern end with new sandstone walling; replacement of existing dormer windows and roof; extension of the hipped roof over the rebuilt flat roofed staircase on its southern end; new entrance archway; erection of covered walkway; two storey extension to north and east elevation to provide security office;

New detached 16 bed two storey low secure unit on the site of the existing building.

Together with associated car parking, access and ancillary development.

Refused and dismissed on Appeal 23/09/2009.

P/2008/0376 Change of use of main house from use class C2/C2A (residential institutions/secure residential institutions) to use class B1 office use. Withdrawn 28/05/2008.

P/2007/1263 New build 20 bed medium secure unit in the location of the existing medium secure unit, which is to be demolished. New build 40 bed low secure unit attached to existing Grade II listed property. New build detached 2 storey HMO property with 7 bedrooms. Refurbishment of Grade II listed stable block to provide 3 No. 3 bedroom and 1 No. 2 bedroom pre discharge units. Refurbishment of Grade II listed main house to provide office / supporting accommodation. Withdrawn 14/03/2008.

P/2007/1262 Listed Building Consent Application for Demolition and replace secure unit, demolition and replacements of extension of listed building. New 2 storey detached HMO property, refurbishment of listed building to provide discharge units and office accommodation. Withdrawn 14/03/2008.

P/2007/1259 Works to trees covered by a Tree Preservation Order.Withdrawn 07/11/2007.

P/2007/0559 Two storey rear extension. Granted subject to conditions 19/06/2007.

P/2007/0528 Listed Building Consent Application for Two storey rear extension.Granted subject to conditions 19/06/2007.

P/1998/0536 Single storey extensions to front and rear of existing unit to provide ensuites and new porch/secure lobby and erection of 5.3m high perimeter fence. Granted subject to conditions 21/07/1998.

P/1996/0775 Retention of portacabin, siting of additional portacabin and continuation of use as a radio station. Granted subject to conditions 29/10/1996.

10/92/063 Erection of part single storey, part two storey extension and 4.2m high fencing.Granted subject to conditions 26/01/1993.

H/105017 Proposed Intensive Care Unit. Granted subject to conditions 15/02/1978.

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6. POLICY

6.1 National Planning Policy FrameworkThe National Planning Policy Framework states that local planning authorities should approach decision taking in a positive way to foster the delivery of sustainable development. It further states that in determining development proposals, the presumption in favour of sustainable development should be applied and further reiterates the requirements of planning law that applications must be determined in accordance with the development plan, unless material considerations indicate otherwise. In decision making, proposals that accord with the development plan should be approved without delay.

6.2 Development PlanThe adopted development plan for St Helens is the St Helens Local Plan Core Strategy (adopted 2012); saved policies in the St Helens Unitary Development Plan (adopted 1998); and the Joint Merseyside and Halton Waste Local Plan (adopted 2013).

St Helens Local Plan Core Strategy 2012

CSSD1 National Planning Policy Framework-Presumption in favour of Sustainable Development.CP1 Ensuring Quality Development in St Helens.CP2 Creating and Accessible St Helens.CE1 A strong and sustainable economy.CQL5 Social Infrastructure

St Helens Unitary Development Plan (1998) saved policies.

GB1 General Criteria for Development Control in the Green Belt. GB2 General Criteria for Development Control in the Green Belt.

Other Considerations

6.3 The application has been considered having regard to Article 1 of the First Protocol of the Human Rights Act 1998, which sets out a person’s rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

6.4 This application has been considered in relation to Section 17 of The Crime and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

6.5 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

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7. ASSESSMENT

7.1 The application site and buildings have a long history as a medical/educational facility, as can be seen by examining the planning history as outlined above. The building was substantially refurbished and extended in 2014 as result of the grant of planning permission in 2013/2014. The premises, re- opened at that time after a significant period when it did not receive patient students. The planning permissions granted in 2013-14 were the subject of a use condition which the current application seeks to amend. The Briars Hey buildings are listed at grade 2 but the proposed amendment to the use condition does not require physical amendments to the buildings or grounds, which will require listed building consent.

7.2 The applicants have provided a statement of how they would intend to use the buildings if the amendment to the conditions is agreed. This is summarised as follows:

There are two distinct (usable) units on the site which will be registered and regulated by OFSTED separately, a residential school and children’s home.

The largest unit (in terms of numbers) is Crossley Manor School, registered as a 5-19 SEMA (Social, Emotional and/or Mental Health), SEN (Special Educational Needs) school provided from the main house. The school would have a capacity of 60 day pupils and 8 residential pupils who would reside in the annex courtyard building directly adjacent to the main house adjacent to the Tower College boundary. The premises would not be categorised as Tier 4 CAMHS as previously.

Admission to the school, follows an admissions policy which requires the student to be referred the local authority commissioners, have an EHCP (Education, Health and Social Care Plan) and in the judgement of the Head Teacher, ‘show sufficient aptitude, commitment and willingness’ to benefit from the educational opportunities offered. The residential school would be open 42 weeks of the year’.

Crosley Manor Children’s Home would primarily be located within the building located immediately on the left when entering the main gates. This would be an 11 bedroomed home for young people aged 11-18 years. The children’s home is configured into 4 separate apartments consisting of 2 or 3 bed semi –independent living units.

Children from the Children’s Home may also be day students at the school but may remain in their current school placement or attend a local school college. Admission to the children’s home will be through referrals from the Local Authority.

The management team will screen all potential referrals to ensure that the young people are appropriately matched to the accommodation provided.

Although there are two distinct units proposed within the site meeting separate regulatory requirement the, highly experience head teacher and children’s home manager would work closely together to ensure a consistency in expectations from the staff and young people. The experienced team which would be employed know that consistency of approach with young people is crucial particularly when those in the home may be attending the school. Part of the routine of operating the premises will be regular meetings and exchange of information between senior staff to ensure that the site can operate

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effectively and efficiently and that any issues are dealt with promptly. Senior staff will work together, to ensure that ‘out of hours’ there is a one site on call approach to any management issues.

Also, the two uses would share some support functions such as administration, catering, maintenance and grounds up keep.

7.3 The land use here is long established and cannot be challenged in planning terms. However, any difference which may occur as a result of the variation of the condition can be considered. It is clear that the client population is different from that intended in 2013/14 but also there is some commonality because they are both aimed at assisting young people with various behavioural and medical difficulties. The most significant change therefore is in the upper age limit which was stipulated by the condition. The request made is that this is increased from 18 to 25 years. It is understood that the variation is aimed at allowing a greater degree of flexibility and sensitivity in care. The admissions would remain below 18 but the reaching of the 18th birthday would not result in an automatic discharge from the facilities, which might not be the best care option.

7.4 It is clear that when the premises were last in operation there were significant management issues, which were dealt with by the non- planning regulators. The issues which arose however are understandably reflected in the representations we have received in relation to this proposed change of condition application. On its merits, in terms of use, there is little material difference between one care/educational use and another but the perception of the use is important and is a material planning consideration. This is why a clear set of statements about the operation of the premises has been sought from the applicant’s agent which is summarised in 7.2 above. This information is valuable because it outlines a strong management regime aimed at preventing problems in operation. The details of this management regime are for the other regulators to control and the statements made should provide a sufficient re assurance for the purposes of the planning regime.

7.5 It appears that the changes proposed, could alter that traffic movement patterns slightly compared to the previous occupation. The residential component of the courtyard and annex buildings would broadly be the same and staffing levels would be similar (18 overall, compared with 24-25 with the last scheme). But the school element, for 60 day pupils over time, may increase the comings and goings at peak (am) times slightly. It is understood that pupil transport to and from the site would primarily be by dedicated mini bus or similar. Also, we are advised that the day school element operating hours have been adjusted to avoid those of Tower College. The day school will start at 08.50 and finish at 15.30, with enrichment activities (after school clubs) which a number of day students will participate in continuing until 16.30. Currently the Tower College start and end times are 08.45 and 15.45 respectively.-Overall the site provides sufficient parking space and adequate on site turning. The proposed change will meet the requirements of St Helens Local Plan Core Strategy policy CP2.

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8. CONCLUSION

8.1 It is concluded that the proposed variation of condition(s) is reasonable and allows the premises to be reused for a use which is compatible with the long standing use of the premises as a residential institution. The use will perform a valuable social and economic purpose in accordance with the provisions of the NPPF (2012). The change will comply with the provisions of St Helens Local Plan Core Strategy policies CP1 and CP2. The daily running of the premises is a matter for the site management and the appropriate regulator OFSTEAD.

9. RECOMMENDATION

9.1 It is recommended that planning permission is granted to substitute a revised occupancy/use condition into the planning consents P/2013/0588 and P/2014/0703.

9.2 The revised condition(s) shall read as follows:

The premises shall be for the admission, treatment, education and care of individuals up to the age of 25 only. The maximum number of pupil/clients on the site at any time shall not exceed 79, that is, 60 day pupils and 19 residents.

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10. IMAGES.

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