54 Stoney Lane, South Yardley, BIRMINGHAM, B25 8YP

for is described as “C2 Residential institutions

Authority: Birmingham City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: community-institutional · Householder developments
Inspector: Hanson S

Main issues, as the Inspector framed them

Whether there has been a material change of use of the property from Class C3 to Class C2, and if so, whether that use would be excluded from the definition of development by virtue of section 55(2)(f) of the 1990 Act

What decided it

The material change of use from Class C3 to Class C2 constitutes development requiring planning permission, as the pattern of occupation with continuous staff presence on shift patterns, including overnight, and multiple comings and goings during unsociable hours is materially different in character and use to a single dwellinghouse.

Judgments cited: North Devon District Council vs FSS and Southern Childcare Ltd [2003] EWHC 157 (Admin); [2003] JPL 1191

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