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Planning appeal decision

Allowed4 November 20213277353

20 Briery Hey, Bamber Bridge, Preston, PR5 8HU

Planning appeal 3277353 at 20 Briery Hey, Bamber Bridge, Preston, PR5 8HU (Chorley Borough Council) was allowed on 4 November 2021 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse a certificate of lawful use or development for the proposed use was well-founded.

use of the dwellinghouse as a home for the care of up to two young persons under the age of 18 years old, with 24 hour care provided by carers operating on a shift basis

Authority
Chorley Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Minor retail and services
Inspector
Rogers B
Postcode
PR5 8HU

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse a certificate of lawful use or development for the proposed use was well-founded

What decided it

On the evidence and as a matter of fact and degree, the proposed change of use would not be material and would therefore not constitute development as defined in section 55(1) of the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
North Devon D.C. v FSS [2003] EWHC 157 Admin

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 applied

The decision letter

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More decisions in Chorley Borough Council

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

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  3. Dismissed6 October 20266013193
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  4. Dismissed6 October 20266013467
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  5. Dismissed6 October 20266012610
    Land Adjacent To St Johns C Of E And Methodist Primary School, School Lane, Brinscall, PR26 6TD

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.