- 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
- HO9(1)(b): PASS. The Statement of Purpose satisfied (b)(i): "I am therefore satisfied that the proposal would represent a safe and secure environment" (DL ¶4). The local centre is 400 m away and buses 250 m, so "future residents will be able to access frequently used services easily and safely … the proposal would comply with Framework Policy HO9" (DL ¶5).
- Residential character: PASS. Twice-daily handovers were "comparable to that of a C3 dwelling" (DL ¶12). The 19 beds within a mile equated "to just over 6 three-bedroom properties" in a dense area (DL ¶15).
- Fear of crime. It is material only with "some reasonable evidential basis"; Ofsted regulation and supervision are safeguards (DL ¶¶16–17).
- Housing mix. A single loss had no discernible effect on H11. The emerging plan was given moderate weight but not breached (DL ¶¶7, 20–21).
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
- HO9(1)(b) gives a free-standing two-limb test for looked-after children's homes: a management plan and access to services (DL ¶¶3–5).
- An Ofsted Statement of Purpose can satisfy HO9(1)(b)(i) (DL ¶4).
- Concentration arguments need to be tied to effects on residential character, not the care market (DL ¶¶14–15).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HO9(1)(b)(i) | pass | Statement of Purpose shows safe and secure environment (DL 3-4) | |
| HO9(1)(b)(ii) | pass | local centre ~400 m, buses within 250 m, schools walkable on footways (DL 5) | |
| Middlesbrough HLP H11 | accord | 19 Ofsted beds within 1 mile ≈ six 3-bed homes; no overconcentration; family housing dominant locally (DL 15, 19-22) | |
| P5 | pass | fear 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
- Up to 3 children aged 7-17; 2 staff overnight; handovers 8am/8pm
- Four off-street spaces on corner plot
- Council Children's Commissioning concerned about market/out-of-area placements
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.