Children’s homes planning permission rules tighten in Preston

Children’s homes planning permission rules have been tightened in Preston, Lancashire. According to the BBC, the city council’s cabinet has adopted a “planning advisory note” (PAN) at a recent meeting. Converting a house into a privately run children’s home will now typically be approved only where there is a “genuine” need to support local children.

This is a local policy, not a national one. Nothing in the sources suggests that planning law has changed across the UK, so readers elsewhere should treat Preston as an example of what a council can do rather than a new rule that applies to them.

What the new planning rules for children’s homes say

The BBC reported that the council acted after a surge in applications to repurpose houses as privately run children’s homes. Under the new note, applicants must show a requirement for the home. Full planning permission will generally be needed for future conversions.

Until now, a “lawful-use certificate” had been deemed sufficient. That meant the usual, more comprehensive planning assessment was bypassed, as it was for most of the children’s homes approved in Preston since 2024, the BBC said.

Lancashire County Council, which is responsible for children’s services, has said it will no longer support planning applications for this type of facility “unless the provider is working in genuine partnership with [the county council] to create an agreed, bespoke home to meet a very specific complex need for a Lancashire child [or children]”. If that test is not met, the city council’s note means permission is “unlikely” to be granted for a conversion in Preston, the BBC reported.

Who is affected by tougher children’s homes planning regulations

The most direct effect falls on private providers hoping to convert ordinary houses in Preston. They will need to show evidence of local need and, in most cases, go through a full application. The BBC’s figures show how fast the market has grown.

Our own arithmetic puts this in context. The 14 approvals came over 24 months, about 0.6 a month. The 90 came over 32 months, about 2.8 a month, roughly a fivefold rise in the monthly rate.

Residents in areas with many conversions are also affected. Preston had the second-highest number of registered homes in Lancashire, behind Fylde with 65. Lancashire as a whole had more than 280 children’s residential facilities in April 2024, according to the Local Democracy Reporting Service, and three-quarters of them look after children solely from outside the county.

What the councils say

The city council says the change is about pressure on local services. Amber Afzal, the Labour cabinet member for planning and regulation, said the aim was to avoid adding to the “existing concentration” of children’s accommodation, which can “place pressure on schools, health services, policing, and [the children’s home] workforce”.

She rejected the idea that the guidance blocks new homes. “Far from creating a barrier, the guidance aims to ensure that new provision delivers better outcomes for vulnerable children by helping to secure homes that are needed locally, are appropriately managed, and are located where residents can access the services and support they require,” she said.

Lancashire County Council said there are five times more agency-run children’s homes in its area than are needed locally. It is developing 29 of its own in-house homes to reduce reliance on agency provision and cut costs.

The sources do not include any response from private providers or from children’s charities, so we cannot say what they make of the change. The BBC report does not say whether the new note will be challenged.

What to do now

If you live in Preston, check the city council’s planning pages for applications near you. Many future conversions should now appear as full applications, which the BBC describes as the more comprehensive process. Ask the council how you can comment on a specific case.

If you live elsewhere, look on your own council’s website for any planning guidance on children’s homes. The Preston note shows a council can set its own expectations, but we have no evidence that other councils have done the same.

If you are a provider, expect to show evidence of local need, and in Preston expect to work with Lancashire County Council. The authority has said it will not back applications that fall outside a genuine partnership.

Your questions answered

What is regulation 23 for children’s homes?

The sources for this story do not cover regulation 23, so we do not describe it here. The Children’s Homes (England) Regulations 2015 are published on legislation.gov.uk, and the text there is the place to check it.

What is regulation 44 children’s home?

Regulation 44 is also not covered in our reporting, and it does not concern planning permission. The Children’s Homes (England) Regulations 2015 on legislation.gov.uk set out its exact wording.

Can anyone set up a children’s home?

The sources do not set out who is eligible. They do show that planning approval and Ofsted registration are separate steps: Preston says 48 homes have planning approval but are not yet Ofsted registered. Anyone considering a home should take advice from the council and Ofsted.