2016 Planning Application and Use of Entrance Doors into Willowbrook
Current Application
On 26th January, 2016 another planning application was received for a ‘modest 5.1 metre by 2.7 metre extension’ to the previously extended care home annexe. Why the two extensions could not have been applied for from the outset can be guessed at.
Amongst opinions expressed by the Local County Councillor it was stated that the Councillor did not ‘think’ builders would enter the building site via Willowbrook. The Councillor went on to add that she could not see anything which would give her concern. Each application was looked at on its own merits – as a standalone application. The Councillor ‘understood’ concerns from the previous application could not be addressed in the subsequent application. Following further representations that ‘history’ and ‘impact’ were issues and that her opinion about access from Willowbrook was of no value, there appears to have been a change of stance.
Planning permission was granted for what the un-named Planning Officer described as, ‘similar in size to that of a household extension’ and would ‘not result in any significant disruption or impact on residential amenity to the cul-de-sac.’ As stated, the care home owner has apparently stopped employee’s cars parking in the two lay-bys they were occupying for the length of the application and I look forward to the predicted building work not causing disruption.
On each of the three applications has appeared, ‘paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic, social and environmental conditions of the area.’ How does this apply when he/she also refers to the extension being of minor scale and comparable to a household extension?
Other opinions expressed by the Councillor included
“I also don’t think that a condition could be added to build a wall which relates to the previous application as each application has to be looked at on its own merits.”
(It appears that a wall is to be built replacing the zig-zag wooden fence between the care home and 7 Willowbrook. The ability to work in Willowbrook is now unrestricted by any planning condition.)
“I believe 9 Willowbrook has not been used for the purpose you mentioned but has now been let as a home.” (ie it would not be the subject of future applications)
(My representations may have prevented it being used for the purposes the Councillor’s previous statement, on behalf of the home, stated that it would be occupied by two residents with an in-house carer. It was advertised for rent by an estate agent at £960 per month. Wiltshire Council decline to confirm or deny that they are directly or indirectly funding its current use. )
“With regard to the garage that was demolished I bought to the attention of officers at the time and should another one been required it would have had to be via a planning application.”
The sentence ‘The garage is planned to be rebuilt’ speaks for itself
“If there are planning grounds then I would be able to call it in but at this present moment I cannot see anything that would give me concern.
“The issues that you are raising all relate to the previous application and as I have said below we have to look at each application in its own merits – as a standalone application. As I understand it concerns from the previous application cannot be addressed in subsequent applications.”
On the Wiltshire Council Planning website is a guide to what will be taken into account on a planning objection. (Also see Appendix ‘Recommendations to Council/Objection Reasons’)
What will be considered?
The key point to remember is that you can only comment on ‘material considerations’ that affect the application. These include things like;
• History – previous decisions, particularly appeals
• Comments from consultees
• Highway safety
• Human Rights Act
In a later email the Councillor went on to add that, “perhaps if permission is granted then a condition can be made that no access to construction staff or materials can come through from Willowbrook. If it is not possible to put a condition on, as it would repeat an existing conditions on the annex then perhaps the officer can consider reminding the applicant of the conditions currently in place. It may be for the duration of the construction a temporary sign is erected at the Willowbrook entrance to the home reminding construction staff etc. that they cannot use the access.”
The following assessment of traffic and highway issues in an email from the County Councillor to a member of the Planning Department speaks volumes about current conditions:
The councillor asks the Planner to give consideration to how deliveries will be made during construction, that the front of the care home should be kept clear for non- construction material deliveries and ambulances. She went on to ask where staff and visitors would park as space would be lost on storage of materials and asks for a Construction Statement about when deliveries of construction materials would arrive and where builders would park. The Councillor then comments on Station Road being busy in the morning and how obstructions by delivery lorries would impact on traffic movement. That this was also the case at school pick-up time. The logistics and presence of double yellow lines restricting parking were then highlighted.
I strongly suspect that the intention was to work from Willowbrook and had such strong objections not been made, this would have occurred. I wait with interest to see whether failure to impose conditions will have an impact.
By yet another coincidence, following an apology and assurance that ambulances would not use the rear doors into Willowbrook, two further ambulances attended immediately following the County Councillor’s decision to recommend stringent building conditions on the care home’s planning application. If you look the area around the care home and its car park you will soon realise the reason assurances had to be reneged upon.
Of the seven ambulance attendances at the rear doors, five have been non-emergencies (I also have photographic evidence). Of these five, one ambulance has been directed to the rear by the Deputy Manger having initially attended the front of the building. This is on the deputy manager’s own admission. On two occasions patients have been dropped off. It is now stated that an ambulance will always initially call at the main entrance to the nursing home on Station Road but, depending on the location and medical condition of the patient, they may have to be redirected to the Willowbrook entrance and the patient loaded into the ambulance from there. On a sixth, the care home owner attended with the ambulance late at night.
The photographic evidence was mainly taken because this is what children looking out of their homes or playing in the street would have seen.
Wiltshire Council agrees that the residents of Willowbrook are owed a ‘Duty of Care’ by them in respect of right to a ‘private life’ and the ‘right to peaceful enjoyment of all their possessions which includes the home and other land.’
I sent to the County Councillor and Wiltshire Council’s Enforcement Department the following emails and still await a reply to what permanent solution will be made
(Extract)“If for any reason there has been a ‘flaw’ which permits ambulances to use Willowbrook and Wiltshire Council cannot enforce any further change (Section 106 of the Town and Country Planning Act 1990) or by any other Planning Conditions, that despite there may being no planning breach, I strongly feel that an injunction should be considered preventing the owner of the care home or his agent directing ambulances to use Willowbrook. I have previously given the usual conduct of an emergency call ….
You may feel that this whole situation has been totally contrived.
I would also submit that as Wiltshire Council are purchasing highly expensive support or care services from the care home, there should be additional supervision through contract monitoring and care management. If acts such as these continue the home’s fitness for Council funding should be reconsidered. Over a quarter of residents at the care home are Council funded and I respectfully say that ‘the tail appears to have wagged the dog’ from the outset.
I have made out my reasons for scepticism about the figure of 9 Council funded residents as of 21st January, 2016 and would ask again if there have been any increases from this figure?
I have used phrases ‘indefensible’ and ‘morally and ethically’ wrong to fund additional residents over and above the 7 originally ‘declared’ in September 2014. There are now 9 or more council funded residents at the care home. This would exclude any council funding to 9 Willowbrook which there is a refusal to disclose and the inability to say how residents are classified. Over 25% of A——e occupants are council-funded.”
The County Councillor’s reply was, “– I have heard today from the enforcement officer that they have reminded the care home of the need of the erection of the approved sign – this says Staff Parking Only – plus they have also reminded them of the conditions of the use of the entrance in Willowbrook and that non-emergency ambulances would not be expected to use the entrance. I hope that the care home take this on board and ensure they now comply with the conditions of planning.
Kind regards…
Wiltshire Councillor Purton & Braydon
(To County Councillor)
Having read the recommendation and decision, it seems that the conditions have been cut and pasted( with a change or two). It appears that the condition not to use the door, save as a fire exit is not there. (care home owner) is not governed by any condition and can have ambulances use the door at any time night or day despite his agent’s undertakings. I would ask you or Wiltshire Council what steps it is intended to be taken to permanently prevent this occurring. You have heard my views on emergency use by ambulances.
Wiltshire Council owe residents a duty of care under Human Rights. (Care home owner) acts on their behalf due to the nine Council funded residents.
I look forward to hearing from you in due course…JP
On 10 Mar 2016, at 14:22- Councillor’s reply, …… – as per my previous email to you Enforcement Officers are dealing with this. I hope that the Care Home will now follow the condition but if they don’t then this can be reported again. I don’t think there is anything more that can be done at this stage. The condition relates to the area which would cover all the doors that lead out of the building to this side and not just the fire door. When it comes to an emergency then as I have mentioned before, then I am sure the best way in or out of a building would be used. The ambulances that are coming to the home are not all coming as an emergency hence as I understand it they would not need to use this entrance as they would come under the description of visitor/deliveries.
4 No part of the development hereby approved shall be first brought into use until the parking area shown on the approved plan, LPC/3142/3A, has been consolidated, surfaced and laid out in accordance with the approved details. The use of the car parking spaces shall only be for the use staff car parking. There shall be no deliveries, visitor parking via this car parking space. This area shall be maintained and remain available for this use at all times thereafter.
REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.
Kind regards… (Councillor)
By allowing ambulances and scrap dealers to use the rear doors of the care home into Willowbrook,( contrary to all assurances) Wiltshire Council have breached my Right to a Private Life and Right to peaceful enjoyment of all (my) possessions which includes the home and other land (Protocol 1, Article 1):
Planning permission was granted on the basis of the care home owner’s assurances that only his and the duty matron’s car would use the parking area. We now have the Wiltshire Council Enforcement Officer saying, ‘The car parking spaces are for the use of any member of staff and not just the owner and the manager. I understand that it is generally only their cars which park there but any member of staff can use those spaces.’ This is because of a Council oversight or accepting at face value assurances given. Can this be construed as an indication that the parking area will be so used if other issues are not accepted?
This is best illustrated by the findings of the Enforcement Officer tasked to investigate breaches of planning conditions which had in fact never been made.
The use of the Willowbrook entrance by ambulances is not prohibited. In emergencies, they will use the most appropriate entrance, depending on the location of the patient. This is also true for non-emergencies.
… My understanding is that there have been isolated instances when ambulances have had to use the Willowbrook entrance however it is not a frequent occurrence. This is not a breach of the planning permissions which clearly only prohibit deliveries and visitor parking from the parking spaces.
You have also referred to the collection of a metal bed from the Willowbrook entrance. I raised this matter with the owner when I met with him. These beds are heavy and cumbersome. I was advised that for it to be removed from the Station Road entrance, this would have necessitated taking it through the residents’ lounge. As you have stated, this was not a “delivery” to the site and the removal of the bed was therefore not a breach of planning control. I understand that another bed may have to be removed this week and it may again be necessary to use the Willowbrook access.
Whilst I do understand your concerns, I hope that this now clarifies matters for you.
Yours sincerely,
XXXX
Enforcement Officer
Economic Development & Planning – North
Two isolated cases this week. This was always the suspicion by residents that when this was allowed to happen the floodgates would open. These suspicions are now reaching fruition.