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Dismissed21 October 20213275109

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

Planning appeal 3275109 at 54 Stoney Lane, South Yardley, Birmingham, B25 8YP (Birmingham City Council) was dismissed on 21 October 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
B25 8YP

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.

What the Inspector cited

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

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The decision letter

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The authority’s record since 2016 · every decision in 2021

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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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