64 Thornton Road, Bootle

appeal 6009026·Sefton·9 September 2026dismissed
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.

PolicyFindingWeightNote
BAAP18 (Bootle AAP)conflictwithin 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)neutrallimitedoversupply not evidenced either way (DL 9)
P5harmcode mapped by harvester — police evidence on crime/ASB and safeguarding "reinforce, rather than determine" (DL 15)

Key facts

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.