7 Vale Road, POOLE, BH14 9AT

Authority: Bournemouth, Christchurch and Poole
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Bond V

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a lawful development certificate was well-founded, turning on whether the proposal represents a material change of use constituting development as defined in section 55 of the Town and Country Planning Act 1990

What decided it

The marked rise in traffic and people calling over extended working hours throughout the day would result in a significant change in the character of use compared to the existing residential use, taking the proposed physiotherapy clinic beyond a use ancillary to the primary residential use.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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