Tipperary children’s care home proposal backed by planning watchdog after council refusal

A proposed ‘care in the community’ home for children in Tipperary does not require additional planning permission to operate, An Coimisiún Pleanála has ruled.
Compass Child and Family Services CLG were refused permission by Tipperary County Council to change the use of a home at Gortussa, Dundrum from residential to a care in the community home for children in care.
The house would have space for four minors, as well as five social care workers, and would be designed to “replicate a domestic home as closely as possible”, according to planning documents.
Last year, Tipperary County Council refused planning permission for the change of use due to concerns about the site that the house sits on.
“The application site is removed from a designated settlement (0.7km from Dundrum) and is on lands designated as ‘open countryside’,” Tipperary County Council planners said.
“If permitted, the development would provide for a care in the community facility on unzoned and unserviced lands at a location which is removed from the services and amenities offered by settlement centres,” they added in their refusal.
However, the applicant’s agents argued that the council had misunderstood the nature of the proposed use of the property.
Agents acting on behalf of Compass Child and Family Services said in their appeal to An Coimisiún Pleanála that the local authority have “mischaracterised” the proposed use of the Dundrum site.
Agents for Compass said that they feel that the council “erred in characterising the proposed use as a form of institutional healthcare use”.
“In reality, the development involves the continued use of an existing domestic dwelling, to provide accommodation for up to four children in care, supported by qualified social care staff.
Now, An Coimisiún Pleanála have agreed with Compass Child and Family Services, saying that the change of usage is not a “material” change.
The ACP inspector said that the wording of the question posed to them was an issue, because a ‘care in the community’ home would be development and not exempted development, as the applicant was saying.
But, the inspector said that the wording of the question being posed to them should be changed.
“Given the details submitted in the referral in relation to the nature of the care being for children in care, I propose that the referral wording be altered,” the inspector said.
The inspector said that they would answer the question if “whether a change of use from a residential dwelling to a care in the community dwelling house for children is or is not development and is or is not exempted development”.
“In my opinion the proposed use is significantly similar to the normal use of a dwelling as accommodation and a residential setting for a family with children,” they said.
The inspector therefore concluded that the proposed change of use would not constitute a material change of use and would not require planning permission.