# 64 Thornton Road, Bootle

- **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
- **Tags:** tier-2, childrens-care-home, parties-consulted-on-2026-framework, limited-nppf-engagement, concentration-policy

## 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
- **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 weight).** 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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009026
- https://appeal-planning-decision.service.gov.uk/published-document/00082ba8-aa88-4b10-aac2-3994300ff1da

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009026.html

A summary of a public planning decision, written from the decision letter. Not legal advice. © Planning Distilled. Released under the Creative Commons Attribution 4.0 licence (https://creativecommons.org/licenses/by/4.0/): share and adapt freely, with credit to Planning Distilled. Quotations from decision letters, plans and the Framework remain the copyright of their publishers.