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Dismissed10 August 20213272050

106 Church Road, Erdington, Birmingham, B24 9BD

Planning appeal 3272050 at 106 Church Road, Erdington, Birmingham, B24 9BD (Birmingham City Council) was dismissed on 10 August 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the proposed use would fall within Class C3(b) of the Town and Country Planning (Use Classes) Order 1987 as amended and hence be excluded from the definition of development by virtue of section 55(2)(f) of the 1990 Act.

Change of use from Class C3(a) dwellinghouse to Class C3(b) dwellinghouse with care for not more than 6 residents over 18 with learning disabilities and/or mental health problems

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hanson S
Postcode
B24 9BD

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the proposed use would fall within Class C3(b) of the Town and Country Planning (Use Classes) Order 1987 as amended and hence be excluded from the definition of development by virtue of section 55(2)(f) of the 1990 Act

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate on the balance of probabilities that the proposed change of use would fall within Class C3(b) rather than constitute development requiring planning permission.

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.

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