- Decision
- dismissed, 9 September 2026
- Decided by
- Planning Inspector: Chris Mayes
- Authority
- Sefton (North West)
- Appeal reference
- 6009026
- Application reference
- DC/2025/01781
- Procedure
- written representations
- Development
- Change of use of dwelling (C3) to children's care home (C2) for one child
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6), Bootle AAP BAAP18
- Development plan policies
- Bootle Area Action Plan 2026 BAAP18, Local Plan for Sefton 2017 HC2, EQ2, EQ4
- Main issues
- suitability of location for children's home; noise
Summary
A one-child children's home in a Bootle terrace was dismissed. It fell within 400m of an existing children's home, contrary to the new Area Action Plan's anti-concentration policy BAAP18. Noise was acceptable with a condition. The Framework is referred to only generically (DL ¶23).
What made the difference
A clear, numerical local spacing rule in a recently adopted plan. The inspector held that its "unambiguous" wording prevails over general need and the favourable appeal decisions cited from elsewhere (DL ¶12-14). HO9 (specialist accommodation) was not engaged in the reasoning.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| BAAP18 (Bootle AAP) | conflict | within 400m of existing children's home at 11 Linacre Lane; wording "unambiguous"; general need does not justify departure (DL 10-14) | |
| HC2 (Sefton LP, not NPPF HC2) | neutral | limited | oversupply not evidenced either way (DL 9) |
| P5 | harm | code mapped by harvester — police evidence on crime/ASB and safeguarding "reinforce, rather than determine" (DL 15) |
Key facts
- The index code HC2 for this letter is the Sefton Local Plan policy, not NPPF HC2 (Local Green Space)
- BAAP adopted 15 Jan 2026 after application submitted; applied as the plan in force (DL 3)
- Noise acceptable subject to sound-insulation condition (DL 20-21)
- Parties consulted on 2026 Framework (DL 2)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.