A care home in the Castlemilk area of Glasgow which has lain vacant for six years can now be used as a drug and substance abuse rehabilitation centre.
A certificate of lawfulness has been partly granted to also change the use of Torbrae assisted living facility, located at 12 Bogany Terrace, to form an alcohol rehabilitation centre, mental healthcare hospital and private hospital.
This means that a document has been legally granted by the local authority to legalise a previously unauthorised development. It certifies that use of the existing building is lawful and will prevent any enforcement action being taken.
But proposals to also use the premise as a sex offender treatment centre, secure dementia care accommodation, an HIV and STI clinic, sexual health, mental healthcare, anorexia and bulimia clinic were considered unlawful by Glasgow City Council.
It was felt that within the supporting information provided, the applicant gave little detail of the proposed uses other than stating that it would support “vulnerable users in need of ‘care’.
It comes after Torbrae Care Home, developed in 2003, was vacated in 2014 following a series of inspections and enforcement action from the care inspectorate.
Earlier this year, an independent reporter appointed by the Scottish Government, overruled the council’s decision to block the use of Torbrae as asylum seeker accommodation.
Mears Group, which has the asylum accommodation contract for Scotland, said the company was “not involved” in the appeal and would not use any property without an agreement with the council.
Since 2018 the building has been subject to a site visit, is in good state of repair and has onsite security personnel.
It has not been used for any other use since it became vacant in 2014 and is therefore concluded that the existing lawful use of the property is Class 8, ‘Residential Institution’.
This means that clinic uses for HIV, STI, sexual health, mental healthcare, anorexia and Bulimia are not clearly residential in nature.
A clinic typically offers outpatient care whereas a hospital can and does offer inpatient care and are regarded by the planning department as class two uses. As no evidence has been provided to the contrary, the building would require a change of use and has been deemed unlawful as a result.
The handling report states: “It is therefore concluded that the proposed use of the property as a drug and substance abuse rehabilitation centre, alcohol rehabilitation centre, mental healthcare hospital, and private hospital is class 8 and is lawful.
“The proposed use of the property as a sex offender treatment centre, secure dementia care accommodation, HIV clinic, STI clinic, sexual health clinic, mental healthcare clinic and anorexia and bulimia clinic are not class 8 and are therefore unlawful.”
