- Decision
- dismissed, 25 September 2026
- Decided by
- Planning Inspector: J Heppell
- Authority
- Dartford (South East)
- Appeal reference
- 6011893
- Application reference
- DA/26/00001/PMA
- Procedure
- written representations
- Development
- Prior approval under GPDO Class MA for change of use of a closed day nursery (Class E) to one 4/5-bedroom house
- Homes
- 1
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- GPDO Sch2 Pt3 Class MA MA.2(2)(h), HC6(1)
- Development plan policies
- Dartford Local Plan 2024 M2, M17 (as evidence only)
- Main issues
- noise from commercial premises; loss of registered nursery
Summary
A Class MA prior approval to turn a closed day nursery back into a house. Noise was resolved by glazing, but the appeal failed because there was no evidence on local nursery provision, so the loss could not be shown to be acceptable under MA.2(2)(h) or HC6(1).
Issues and findings
- Transition. Framework applies under GPDO para W(10)(b); "The main parties were afforded the opportunity to comment" (DL ¶3).
- Noise: PASS. "The proposal would moreover satisfy the requirement of Policy P3(2)(a) of the Framework" (DL ¶9).
- Nursery loss: FAIL. "In the absence of such data, I cannot conclude that the loss of the facility would not impact adversely on nursery provision in the area" (DL ¶14). "It would conflict with Policy HC6(1) of the Framework for the same reasons" (DL ¶15).
- Housing benefits out of scope. "the benefits of additional housing do not fall within the scope of the limitations and conditions set out in paragraphs MA.1 and MA.2 of the GPDO" (DL ¶16).
Planning balance
None; prior-approval conditions are pass/fail.
What made the difference
A missing nursery-provision audit. Data showing sufficient alternative places locally would likely have secured approval.
Transferable points
- HC6(1) applied to a registered nursery via MA.2(2)(h); the applicant must evidence local provision (DL ¶11–15).
- In prior approvals, HO7-type housing benefits are outside the matters to be weighed (DL ¶16).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| P3(2)(a) | pass | noise from working men's club and offices mitigated by BS 8233 glazing and trickle vents; MA.2(2)(d) met (DL 6-9) | |
| GPDO Sch2 Pt3 Class MA MA.2(2)(h) | fail | no evidence of local nursery provision, so impact of loss cannot be judged (DL 11-15) | |
| HC6(1) | fail | nursery treated as key community facility; conflict "for the same reasons" (DL 11, 15) | |
| HO7 | not-engaged | housing benefits outside the scope of prior approval under para W(10)(b) (DL 16) |
Key facts
- Nursery closed March 2025 on owner's retirement (DL 14)
- Class E fallback to other commercial uses acknowledged but prior approval to C3 still requires MA.2(2)(h) assessment (DL 12)
- Framework applies under GPDO para W(10)(b) only so far as relevant to the prior approval matters (DL 3, 16)
- Parties afforded the opportunity to comment on the 2026 Framework (DL 3)
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.