Appeal 6008476

The appeal is allowed and planning permission is granted for a change of use from existing use class C3 (Dwellinghouse) to C2 (Children's home) at [site address] , Harlow, [postcode] in accordance with the terms of the application, [name]/FUL/25/00512, subject to the conditions set out in the schedule at the end of this decision.

The main issue in this case is whether the proposed use would facilitate a net gain in residential accommodation or higher density.

The appeal site is a mid-terrace five-bedroom house located within a residential area close to the town centre of Harlow. [name] is a cul-de-sac of similar terraced dwellings in a reasonably dense form of development, and without significant off-street parking spaces, although there is a garage court situated between house Nos.242 and 243, one dwelling away from the appeal site at No.241.

The proposed children’s care home (used class C2) would accommodate up to 3 male or female children between 13 and 17 years old. In addition, there would be carers living within the Home. In some respects, this use would be similar to the other houses in fold Croft which are family homes.

The proposal represents a loss of a normal family dwelling house, but would deliver a facility that responds to a critical national need for children’s residential care. The comings and goings to and from this Home would generally be similar to that of the other houses in the road. In addition, it is likely that the children in care would be visited by their parents and other friends and relatives. I would not expect this to be much different to the number of visits to the other houses in the area. The proposed use should not materially result in a change in the character of the site or the area. There would be no change in the external appearance of the Home, and it would not be readily distinguishable from the other dwellings nearby.

The refusal reason refers to policy H4(a) of the Harlow Local Development Plan. This policy requires that “The demolition or the change of use of buildings or land in residential use must meet the following criteria: (a) the development would facilitate a net gain in residential accommodation, or redevelopment at a higher density;”. I cannot see that, to the extent that this policy is not met, it justifies the refusal of planning permission for the change of use that is sought. The development would retain a building in residential use, akin to a normal family home. If it were a new-build children’s home, it would likely be on land identified or otherwise suitable for C3 residential development.

In fact, the justification for the policy states: “This policy aims to protect existing habitable housing stock and prioritises the redevelopment of existing buildings for continued residential use, which contributes to meeting the housing need in Harlow. It also helps to minimise the amount of development on greenfield sites by promoting the retention of existing dwellings, thereby assisting to preserve the open spaces in Harlow which are fundamental to its character”. This policy refers to ‘protect existing habitable housing stock’ and ‘continued residential use’: the appeal proposal does this.

The interested persons who have commented on the proposal are concerned about perceived behavioural matters, vulnerable tenants, antisocial behaviour, substance abuse, etc. These behaviours can occur in any residential neighbourhood, and should be controlled in this case by bodies such as Ofsted, the police and other bodies of Harlow Council. They do not inevitably follow from the presence of a children’s care home, and are a matter of individual behaviour and appropriate management. These concerns do not amount to a reason for refusing planning permission, and should not stand in the way of the grant of planning permission.

For the reasons explained, the appeal will be allowed.

The statutory condition that provides a time limit on the start of development must be imposed. In addition, the council has suggested a number of conditions in the event that the appeal is upheld. I have considered these in the light of Planning Practice Guidance (PPG), and will impose them for the following reasons: condition 2 is required for certainty and avoidance of doubt as to the development permitted; condition 3 is to safeguard local housing stock to meet identified local housing needs; condition 4 is to enable the Local Planning Authority to retain adequate control over such uses; conditions 5, 6 and 7 are in the interests of the amenity of nearby neighbouring properties and the locality; and condition 8 is in the interests of protecting neighbouring amenity and parking and highway safety.

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: 051 Site Location Plan, received 09.12.2025; 100 Proposed Site Layout, received 09.12.2025; 101 [name], received 20.12.2025; 102 [name] 3D Proposed, received 09.12.2025; 103 [name] 3D Proposed, received 09.12.2025; 104 Loft 3D Proposed, received 09.12.2025; 105 [name], received 09.12.2025; 106 [name], received 09.12.2025; 107 [name] 3D, received 09.12.2025; [address] Site, received 09.12.2025; 109 Existing Site Layout, received 09.12.2025; 110 [name], received 09.12.2025; 111 [name] 3D Existing, received 09.12.2025; 112 [name] 3D Existing, received 09.12.2025.

The use of the premises as a children’s home (Class C2) hereby permitted shall cease when the property is no longer required for that purpose, and the property shall revert to its previous use as a single-family dwellinghouse (Class C3) within three months of cessation of the care home use.

The site shall only be used as a children's home and for no other purpose (other than reverting back to its previous use as a single-family dwellinghouse (Class C3)), including any use otherwise permitted within Class C2 of the Schedule to the Town and Country Planning ([name]) Order 1987 (including any Order revoking or re- enacting that Order, with or without modification), or such uses ordinarily incidental to the use hereby permitted.

The children's home hereby permitted shall be occupied by no more than three children at any one time, who shall be between the ages of 10 and 17 only.

Prior to its first-use as a children’s care home, a scheme to ensure that the internal noise levels would meet the guideline values specified within BS8233:2014 ‘Guidance on [name] and [name] for Buildings’ shall be submitted to and approved in writing by the Local Planning Authority.

Prior to its first-use as a children’s care home, a Noise Management Plan shall be submitted to and approved in writing by the Local Planning Authority. This plan should address potential noise issues by establishing clear guidelines for staff, children, visitors, ingress, and egress to the premises, the implementation of noise reduction measures such as double-glazing or sound insulated garden fences and contact points for any neighbourhood complaints.

Prior to its first use as a children’s care home, an Operational Management Plan shall be submitted to and approved in writing by the Local Planning Authority and the use shall at all times be operated in accordance with the agreed plan. This plan shall include but not be limited to staff travel arrangements, management of site visitation, complaints procedures, security provision and occupant monitoring/review frameworks.