Location:
South Gloucestershire Council
Issue:
Amending description of development and satisfying section 106 legal agreement to secure the delivery of a high quality 75 bed elderly care home
How we helped and added value:
Our client wished to develop a high-quality care home in a location where outline planning permission had been granted for an "extra care housing facility". While both the care home and extra care housing facility fell within Use Class C2, the difference in the description of development could have meant the need for a brand new outline or full planning application. To avoid this, we advised our client that the care home could be achieved via a reserved matters application but that the description of development for the outline planning permission would first need to be amended via a section 96a (non-material amendment) application to reflect the proposed delivery of a care home in place of the extra care housing.
We secured the Council’s agreement to this strategy. To provide clear evidence that the principle of developing a care home, rather than extra care housing, was acceptable in principle, we sought to first satisfy obligations within the section 106 legal agreement attached to the outline planning permission that required details of the type of care to be provided. To do this, we prepared a care home specification including details of the intended occupiers, level of nursing care to be provided, the internal layout and landscaping. The Council agreed that the obligations of the section 106 legal agreement were satisfied.
We then prepared the section 96a (non-material amendment) application to alter the description. We argued that the amendment sought would not result in a significant change in the operation of the outline planning permission, and would instead allow for flexibility within the already specified Use Class C2. The Council accepted our argument and the application was approved.
The reserved matters application will now follow.
