# 2 Jesmond Avenue, Middlesbrough

- **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
- **Tags:** childrens-home, ho9-applied, specialist-housing-need, fear-of-crime

## 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
- **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

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/6970707d-c273-47c5-a8ae-48f9a619e5dd
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009132

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009132.html

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