Case 3357800

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP

Doncaster Metropolitan Borough Council — appeal allowed

Outcome
Allowed
Decision date
30 June 2025
Authority
Doncaster Metropolitan Borough Council
Inspector
Kempton N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Change of use
Appellant
Hennessy Group
LPA reference
24/01529/COU
ONS LPA code
E08000017
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 February 2025

Summary AI

The appeal was allowed and the planning permission was varied by deleting condition 4, which required the installation of security measures. The inspector found that the measures were not necessary to safeguard vulnerable children and create a safe environment.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by N Kempton BAHons, PGDip, MA, IHBC, MRTPI

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — by N Kempton BAHons, PGDip, MA, IHBC, MRTPI an Inspector appointed by the Secretary of State Decision date: 30 June 2025

Page 1 · Chunk 1 Moorville, Marshland Road, Moorends, Doncaster DN8 4RP

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — Moorville, Marshland Road, Moorends, Doncaster DN8 4RP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a grant of planning permission subject to conditions. • The appeal is made by Mr Christopher Goundry on behalf of the Hennessy Group against the decision of City of Doncaster Council. • The application Ref 24/01529/COU was approved on 18 October 2024 and planning permission was granted subject to conditions. • The development permitted is change of use from dwellinghouse (Class C3) to children’s home (Class C2) for up to 4 children. • The condition in dispute is No 4 which states that: The following security measures shall be installed before the development hereby permitted is brought into use and be retained thereafter: 1. All doors and windows must comply with PAS 24 (2022) or LPS 1175 SR2. 2. The glazing units should consist of a minimum of one pane of glass that achieves compliance under the BS EN356 P1A attack resistance standard. 3. External lighting to all facades controlled by dawn to dusk sensors. The system should comply with security standard BS 5489 -1:2013. 4. A CCTV system on the exterior of the property. An operational requirements report should be completed to ensure that the system is fit for purpose.

Page 1 · Chunk 2 Moorville, Marshland Road, Moorends, Doncaster DN8 4RP

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — Moorville, Marshland Road, Moorends, Doncaster DN8 4RP Further information is available from the Government website: https://assets.publishing.service.gov.uk/government/uploads/system/uploads /attachment_data/file/378443/28_09_CCTV_OR_Manual2835.pdf . • The reason given for the condition is: In the interests of safeguarding vulnerable children and to create an environment where crime, and the fear of crime, do not undermine quality of life or community cohesion and resilience, in accordance with NPPF (Dec 2023) paragraphs 96(a), 101, 135(f) and Doncaster Local Plan policies 10(A.1), 47 and 50.

Page 1 · Chunk 3 undermine quality of life or community cohesion and resilience.

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — undermine quality of life or community cohesion and resilience. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 undermine quality of life or community cohesion and resilience.

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — undermine quality of life or community cohesion and resilience. https://www.gov.uk/planning-inspectorate Appeal Decision APP/F4410/W/24/3357800 Reasons 3. The appeal property is a detached dwelling set in an elongated plot that is bound to the front, roadside elevation by a brick wall, railings and metal gates. The sides and rear boundaries are enclosed by close boarded timber fencing, blockwork walls and vegetation. 4. Situated in a predominantly residential area, the appeal property is flanked by dwellings. There is natural surveillance from neighbouring occupiers of surrounding dwellings, pedestrians and other road uses passing the site. 5. The appeal property is staffed 24 hours a day every day of the year. A minimum of 2 adult carers would be on site to provide support and supervision, at all times, to the residents - specifically a maximum of 4 children under the age of 18 years old. This arrangement is broadly comparable to a family home which accommodates responsible adults and dependent children, except in the case of the appeal property, the adults are not permanent residents at the property rather they work on a rotating shift pattern. 6.

Page 2 · Chunk 5 undermine quality of life or community cohesion and resilience.

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — undermine quality of life or community cohesion and resilience. The South Yorkshire Police Architectural Liaison Officer (PLO) confirmed that there is no evidence that this children’s home would be subject to attacks or that this area would provide a higher-than-normal level of threat to the property. 7. In addition to employed personnel, I observed security measures on site including: CCTV, which has been installed at the property, intended to be a deterrent only- this system does not record; locks on all windows and doors; external, sensor reactive lighting; robust boundary treatments including tall, lockable metal gates. 8. Therefore, in the absence of any substantive evidence of heightened risk, I am satisfied that the development would not harm the living conditions of the occupiers of the appeal property or neighbouring occupiers, with particular regards to crime, fear of crime and community cohesion. 9. I conclude that the disputed condition is not reasonable or necessary in the interests of safeguarding vulnerable children and to create an environment where crime, and the fear of crime, do not undermine quality of life or community cohesion and resilience.

Page 2 · Chunk 6 undermine quality of life or community cohesion and resilience.

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — undermine quality of life or community cohesion and resilience. The development without the disputed condition would thus comply with the following policies of the Doncaster Local Plan (adopted 2021) (LP): Policy 10 which states that new residential development will be supported provided the development would, amongst other things, provide for an acceptable level of residential amenity for both new and existing residents; Policy 47 which supports developments which are designed in a way that reduces the risk of crime and the fear of crime. 10. The Council’s decision notice also refers to Policy 50 of the LP, which relates to health. It is a strategic policy that aims to improve and promote strong, vibrant and healthy communities. It is considered that this strategic policy has less direct relevance to this appeal. 11. Furthermore, the proposal would comply with the following paragraphs of the National Planning Policy Framework (the Framework) (2024). Firstly, paragraph 96 which states that decisions should aim to achieve healthy, inclusive, and safe places that promote social interaction, are safe and accessible so that crime and disorder, and the fear of crime, do not undermine the quality of life or community https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 undermine quality of life or community cohesion and resilience.

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — undermine quality of life or community cohesion and resilience. Appeal Decision APP/F4410/W/24/3357800 cohesion. Secondly, paragraph 102 which states that decisions should promote public safety and take into account wider security requirements by anticipating and addressing possible malicious threats. Finally, paragraph 135(f) which states that development should create a high standard of amenity for existing and future users. Conclusion 12. For the reasons given above, I conclude that the appeal should be allowed and I vary the planning permission by deleting the disputed condition.

Page 3 · Chunk 8 N Kempton

Moorville Marshland Road, Moorends, DONCASTER, South Yorkshire, DN8 4RP — Doncaster Metropolitan Borough Council — N Kempton INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶6

The South Yorkshire Police Architectural Liaison Officer confirmed that there is no evidence that this children's home would be subject to attacks or that this area would provide a higher-than-normal level of threat to the property.

Living conditions
Against appellant
¶8

In the absence of any substantive evidence of heightened risk, the inspector was satisfied that the development would not harm the living conditions of the occupiers of the appeal property or neighbouring occupiers, with particular regards to crime, fear of crime and community cohesion.

Planning obligations
Against appellant
¶9

The inspector concluded that the disputed condition was not reasonable or necessary in the interests of safeguarding vulnerable children and to create an environment where crime, and the fear of crime, do not undermine quality of life or community cohesion and resilience.

Planning obligations
Against appellant
¶11

The proposal would comply with the National Planning Policy Framework (the Framework) (2024) paragraphs 96, 102, and 135(f), which state that decisions should aim to achieve healthy, inclusive, and safe places, promote public safety, and create a high standard of amenity for existing and future users.

Policies relied on

Reference Weight
NPPF 96(a), 101, 135(f)
Determinative
Doncaster Local Plan policies 10(A.1), 47, 50
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 30 June 2025 under the Open Government Licence.