®Planning appeal decision
2 Oakdale Road, Broadmeadows, Pinxton, Nottingham, DE55 3PA
Planning appeal 3272149 at 2 Oakdale Road, Broadmeadows, Pinxton, Nottingham, DE55 3PA (Bolsover District Council) was dismissed on 17 December 2021 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the use proposed falls within Use Class C3 of the Use Classes Order.
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
- Postcode
- DE55 3PA
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.
What the Inspector cited
- Judgments
- North Devon DC v FSS & Southern Childcare Ltd [2003] JPL 1191
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.