®Planning appeal decision
2 Oakdale Road, Broadmeadows, Pinxton, Nottingham, DE55 3PA
described as: Change of Use from a Class C3 Dwelling House to a Class C3B Care Home for Children between the ages of 6 - 18 years. The house will operate as a normal family home with carers looking after the resident children on an agreed rota basis. During daytime hours carers will attend on a 1:1 basis, and each child will have their own allocated room to arrange to their own personal taste
- Authority
- Bolsover District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- community-institutional · Change of use
- Inspector
- Willows P
Main issues, as the Inspector framed them
- Whether the use proposed falls within Use Class C3 of the Use Classes Order
- If the use does not fall within Class C3, whether the change from the pre-existing Class C3 dwellinghouse use to the care home use proposed is a material change
What decided it
The proposed use falls within Class C2 (not Class C3) because personal care of children is restricted to Class C2, and the non-resident shift-pattern carers cannot form a single household with the children; alternatively, even if within Class C3, the material change of use arising from staff vehicle movements and parking patterns requires planning permission.
Judgments cited: North Devon DC v FSS & Southern Childcare Ltd [2003] JPL 1191
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.