Appeal 6003139

The appeal is dismissed.

The main issues are: • the effect of the proposed development on the quantity and mix of housing in the area; and • whether the proposed development would meet an identified care need within the London Borough of Croydon.

Policy SP2.2(g) of the Croydon Local Plan (2018) (Local Plan) indicates that developments which would result in a net loss of homes or residential land will not be permitted. The existing building is a four-bedroom detached dwellinghouse. The proposal seeks to change its use to a children’s home (Use Class C2). The development would therefore result in the net loss of a dwellinghouse. Whilst the proposed use would remain residential in nature, it would operate as a staffed and managed care facility, representing a material change in its use, function and occupation.

Furthermore, the proposal would result in the net loss of a family-sized dwellinghouse. The Croydon Strategic Housing Market Assessment (SHMA), which underpins Policies SP2 and DM1 of the Local Plan, identifies that 50% of the future requirement for market housing is for larger homes. [name] accept that Policy SP2.7 of the Local Plan focuses on the delivery of new homes, the significant shortfall in the delivery of dwellings with three bedrooms or more within the Borough means that the loss of a family-sized dwelling would conflict with the strategic housing objectives of the Local Plan and undermine efforts to address the identified need for homes with 3 or more bedrooms. Consequently, the proposal would harm the housing mix of the area. However, given that the proposal would result in the loss of a single dwellinghouse, this harm carries moderate weight.

Policy DM1.2 of the Local Plan relates to three-bedroom homes (as originally built). There is no conclusive evidence before me to demonstrate that the appeal building was originally built as a 3 bedroom home. Accordingly, I have not considered Policy DM1.2 further.

Taking all matters into account, the net loss of a family-sized dwelling would conflict with Policy SP2 of the Local Plan, which seeks to ensure that a choice of housing is available to address the Borough’s need for homes of different sizes.

Policy H12 of the London Plan 2021 (London Plan) indicates that the delivery, retention and refurbishment of supported and specialised housing, which meets an identified need should be supported.

The Written Ministerial Statement (23 May 2023) advises that the planning system should not be a barrier to providing homes to vulnerable children in society, and that local planning authorities should assess the size, type, tenure of housing needed for different groups in the community and reflect this in planning policies and decisions. However, it goes on to say that “Local planning authorities should give due weight to and be supportive of applications, where appropriate, for all types of accommodation for looked after children in their area that reflect local needs...”

While the proposal would provide specialist residential accommodation for young people in a small domestic setting, the Council’s Social Services Department has confirmed that there is no identified local requirement for the proposed accommodation, and that existing provision of children’s homes within the Borough is sufficient to meet current need. The Council’s Appeal Statement confirms that, at present, there is an over provision of children’s homes in the Borough. Consequently, the proposed development would not meet an identified care need within the Borough.

I note that the proposal seeks to provide accommodation for children with Emotional and [name] (EBD). However, the Council has indicated that its [name] 2025-2027 identifies an over-provision of EBD children’s homes in the Borough. While the [name] does not form part of the development plan, it provides relevant evidence. As such, it is a material consideration to which I attach moderate weight.

It is recognised that children’s residential placements often operate across regional and national placement networks, and that young people may be placed outside their home borough where appropriate accommodation is available. However, no evidence has been provided to demonstrate that the proposed development would meet a specific or identified need arising outside the London Borough of Croydon.

Taking all matters into account, the proposed development would not meet an identified care need for children’s homes within the London Borough of Croydon. The proposal would therefore conflict with the Policy H12 of the London Plan, which seeks to support specialised housing where it meets an identified need.

The appellant has drawn comparisons to an approved scheme at [address], [name], which involved a change of use from a dwelling to a children’s care home. However, the approved scheme is not directly comparable with the appeal proposal, because the approved scheme was for specialist care which met a local need and was supported by the Council’s Children’s Services. This is not the case with the appeal proposal.

The appellant contends that the development would satisfactorily address a range of considerations and would not result in harm, including in relation to character and appearance, accommodation standards, residential amenity, fire safety, flood risk, noise and disturbance, parking and highway safety. Compliance with the development plan in relation to these matters is expectations for all relevant development that would weigh neither for nor against the proposal and is therefore considered neutral.

The absence of objections from neighbours does not, in itself, indicate that the proposal is acceptable in planning terms.

For the reasons given above, I conclude that the proposal would conflict with the development plan as a whole and there are no material considerations that indicate that the appeal should be determined other than in accordance with the development plan. Therefore, the appeal is dismissed.