A planning application to turn a former care home in Burnham-On-Sea into a ‘residential institution for the housing of asylum seekers’ has been turned down by council planners.
The owners of the former Hillview Care Home, which closed last summer, at 34-36 Berrow Road have submitted an application for a ‘Certificate of Lawfulness for the proposed use as a residential institution’.
In its application, the firm adds: “This Certificate of Lawfulness seeks recognition that the use of the building to provide temporary accommodation for Asylum Seekers by the Home Office is a residential institution use within Class C2 and that the use of the existing building, itself a residential institution within Class C2, would not amount to a material change of use needing planning permission from the LPA.”
However, Somerset Council has this week ruled: “Insufficient information has been provided to demonstrate that, on the balance of probability, that the proposed use of the existing care home (use class C2) as a ‘residential institution’ for the housing of asylum seekers would not result in a material change of use of the planning unit for which planning permission would be required. As such, proposed use would require the grant of planning permission and a certificate of lawfulness cannot be issued.”
The applicant stated in its planning submission that the key tests within the application were two-fold: “Firstly, whether the use of the building to house asylum seekers on placement from the Home Office can be considered a residential institution use within Class C2; and whether the change of use from a Nursing Home within Class C2 to a Residential Institution for Asylum Seekers within Class C2 amounts to a material change of use requiring planning permission.”
It adds: “The building has an otherwise unfettered Class C2 use as a nursing home at present. No intervening lawful use has been established within the building since its last use. As such a Class C2 use remains as the authorised use of the property.”
Hillview Care Home closed down last year after inspectors from The Care Quality Commission (CQC) took enforcement action because “areas of potential concern” were found in two visits, as reported here.
