Appeal Decision Examples


There are a number of appeal decisions which set out consideration of specialist housing / care developments and in particular refer to the level of on-site facilities and the implications on use class considerations. Two examples are:

  • The Secretary of State decision for a CCRC in 2010 established the principle of on-site domiciliary care for all residents. This provision and details in the Section 106 of occupation controls was considered sufficient to establish the development as C2 use.
  • An appeal in 2007, for the development of a residential care home, incorporating 44 leasehold extra care apartments, saw the Inspector noting that occupation was restricted to over 65 year olds in need of care. Further occupancy restrictions and details with regard to care were provided to the Inspector which secured the use as C2 and the Inspector concluded that there was a level of care significantly above that provided in a sheltered housing scheme.