Residents Local To Elmbank, R (On the Application Of) v Woking Borough Council & Anor

Policy protection for existing specialist accommodation applies to specialist accommodation for the range of older people and vulnerable groups covered by the policy. It does not preserve a particular restricted user group where the proposed alternative remains specialist accommodation within the policy. In a planning application under section 73 of the Town and Country Planning Act 1990, the authority must consider the conditions applicable to the fresh grant of permission. The policy is engaged against a proposed non-specialist use, such as general residential redevelopment. Sufficient evidence that an elderly care home is no longer viable may be found in evidence of poor regulatory performance, vacancy, deregistration, inadequate income and the need for a wider client base.

The claimant, a residents’ association, sought judicial review of the Council’s decision to grant permission under section 73 of the Town and Country Planning Act 1990. The permission removed a condition restricting a care home to elderly residents, while retaining a use within Class C2 for residential accommodation and care for vulnerable people of any age.

The claimant argued that Policy CS13 of the Woking Core Strategy protected the property specifically for elderly persons and that the Council lacked sufficient evidence to conclude that an elderly care home was no longer viable. Permission to apply for judicial review had been granted. The central issues were the proper interpretation of Policy CS13 and the adequacy of the evidence before the Planning Committee.

1. The claim was dismissed. The Council’s decision to remove the age restriction and grant a fresh planning permission was lawful.
2. Policy CS13 supported specialist accommodation for older people and vulnerable groups. The reference to protecting existing specialist accommodation covered all groups within the policy, not only elderly persons. The first paragraph supported new specialist accommodation, while the second protected existing specialist accommodation as a parallel provision.
3. In its planning context, the protection meant protection against permission for a use other than specialist accommodation for older people and vulnerable groups. It did not prevent a change from elderly care accommodation to specialist accommodation for other vulnerable groups. The Officer’s Report therefore correctly interpreted Policy CS13. The permission continued to safeguard specialist accommodation through condition 03.
4. The material before the Planning Committee was sufficient to support the conclusion that operating the property as an elderly care home was no longer viable. It included the inadequate regulatory rating, deregistration, vacancy, the small scale of the home, insufficient average fees to provide the required staffing and management, and evidence that a wider client base was needed for long-term viability.
5. In any event, the protection in the second paragraph of Policy CS13 would arise only if the proposed new use was not specialist accommodation for older people and vulnerable groups within the policy.

Not stated in the judgment.