Providing safe, supportive environments for vulnerable children is a priority for care organisations and local authorities alike. However, repurposing a standard family home into a children’s home involves navigating the complex world of planning permission. This post will try to remove some of those complexities from the process and explain how you can go about converting a C3 residential property to a C2 children’s home.
What is a C3 Residential Property?
To clear up the terminology, when we refer to a C3 Residential Property, we are talking about a dwellinghouse. In the UK, this is typically a family home, although there are subclasses with additional considerations.
The three categories of Use Class C3 are:
C3(a): Use by a single person or a group of people living together as a single household, which typically describes a conventional family home.
C3(b): Up to six residents living together as a single household where care is provided for them.
C3(c): Up to six residents living together as a single household where no care is provided (excluding Houses in Multiple Occupation, which fall under Class C4)
When is Planning Permission Required?
If a Class C3 residential property is intended to be re-purposed as a children’s home, typically planning permission would need to be acquired for a change of use to C2 (Residential Institutions).
Upon first reading, you might think that a children’s home could be permissible via Use Class C3(b) – Up to six residents living together as a single household where care is provided for them. However, case law exists where a children’s home under Class C3(b) has been found to be unlawful. North Devon District Council v First Secretary of State found that when establishing a children’s home, understanding the ‘Single Household’ rule is vital.
In a landmark ruling, the High Court clarified that a house used for two children with non-residential staff does not fall under Class C3(b). Mr Justice Collins held that because the children were not capable of looking after themselves, they could not legally constitute a household. Furthermore, he clarified that staff working on a rota basis do not count as residents. This classification places such homes firmly within Use Class C2.
For providers, this means that while the use might technically move into Class C2, you don’t automatically need planning permission. It all comes down to whether the change is ‘material’—a decision made by the Local Planning Authority based on the day-to-day reality of the home. Essentially, if a small home for two children functions just like a typical family house, it might not be a ‘material’ change at all.
However, if there are constant staff rotations, increased traffic, or more noise than a standard household, the council is more likely to step in and require a full application.
How Simple Planning Solutions can help
We have experience in dealing with these types of complex planning situations, and can help obtain the correct type of planning permission for your situation.
Securing a Lawful Development Certificate (LDC)
With our help, you may be able to achieve an LDC for your proposed children’s home. This makes life much easier when navigating the change of use from C3 to C2. This is dependent on each individual case though, so if you need assistance with this type of matter, please contact us in the first instance, and we can have an exploratory chat so we can understand your situation and deliver the best advice tailored to your needs.
Michelle Hill MRTPI
As a leading planning consultant I can help with the topics covered in this post. Contact me and I can find you a solution to your planning problem.
