94 Butely Road, Luton, LU4 9EX

Planning appeal 3375523 at 94 Butely Road, Luton, LU4 9EX (Luton Borough Council) was dismissed on 29 April 2026 by Inspector Lo S, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon the supply of family housing in the borough and the needs of children in care.

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
Postcode: LU4 9EX

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

What the Inspector cited

Development plan policies: Policy LLP15Policy LLP1Policy LLP31
Judgments: North Devon DC v FSS & Southern Childcare Ltd [2003] JPL 1191

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.