2 Jesmond Avenue, Middlesbrough

appeal 6009132·Middlesbrough·8 September 2026allowed
Decision
allowed, 8 September 2026
Decided by
Planning Inspector: Paul Martinson
Authority
Middlesbrough (North East)
Appeal reference
6009132
Application reference
25/0672/COU
Procedure
written representations
Development
Change of use of detached 4-bed house (C3) to 3-child children's home (C2)
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
HO9(1)(b)
Development plan policies
Middlesbrough Housing Local Plan 2014 H11, Middlesbrough Publication Local Plan 2025 HO1(b) (moderate weight)
Main issues
residential character

Summary

A three-child care home in a detached suburban house was allowed. Before turning to the main issue, the Inspector applied new Policy HO9(1)(b) directly as a two-part test, covering a management plan for a safe and secure environment and easy, safe access to services, and found both met (DL ¶¶2–5). Staff movements were comparable to a family's, and 19 beds within a mile did not amount to overconcentration.

Issues and findings

Planning balance

s38(6). The scheme accorded with the development plan, and HO9 support was added.

What made the difference

A good Statement of Purpose, walkable services and small scale. The Council's market-concentration worry was not linked to any planning harm (DL ¶14).

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
HO9(1)(b)(i)passStatement of Purpose shows safe and secure environment (DL 3-4)
HO9(1)(b)(ii)passlocal centre ~400 m, buses within 250 m, schools walkable on footways (DL 5)
Middlesbrough HLP H11accord19 Ofsted beds within 1 mile ≈ six 3-bed homes; no overconcentration; family housing dominant locally (DL 15, 19-22)
P5passfear of crime needs evidential basis; Ofsted regulation and supervision (DL 16-17)
DP3(2)(a)benefit"Framework support for providing healthy, mixed, vibrant and integrated communities" (DL 21)

Key facts

Related decisions

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.