®Planning appeal decision
94 Butely Road, LUTON, LU4 9EX
a change of use from dwelling house (Use Class C3) to residential children's home (Use Class C2) to accommodate a maximum of two children under the age of 18 years old and the inclusion of a bin store and a cycle shelter
- Authority
- Luton Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- community-institutional · Change of use
- Inspector
- Lo S
Main issues, as the Inspector framed them
- the effect of the proposed development upon the supply of family housing in the borough and the needs of children in care
- whether or not the proposed development would support the use of sustainable transport modes
What decided it
The permanent loss of a three-bedroom family dwelling, for which there is demonstrable and significant need and no replacement provision, was not outweighed by the identified need for specialist children's residential accommodation, as the appellant failed to demonstrate that this specific site was the only or most appropriate location.
the identified benefits of meeting specialist residential accommodation need did not outweigh the harm arising from the permanent loss of family housing, particularly given the Council's inability to demonstrate a five-year housing supply and the recognised priority for family-sized accommodation
Plan policies cited: Policy LLP15, Policy LLP1, Policy LLP31
Judgments cited: North Devon DC v FSS & Southern Childcare Ltd [2003] JPL 1191
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.