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Planning appeal decision

Allowed7 February 20223277997

12 Chiltern Avenue, Poulton-Le-Fylde, FY6 7DY

Planning appeal 3277997 at 12 Chiltern Avenue, Poulton-Le-Fylde, FY6 7DY (Wyre Borough Council) was allowed on 7 February 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the proposed use is a material change of use from the lawful use as a single dwellinghouse falling within Class C3.

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
Wyre Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Phillips A
Postcode
FY6 7DY

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the proposed use is a material change of use from the lawful use as a single dwellinghouse falling within Class C3

What decided it

The proposed use, whilst technically falling within Class C2, would not represent a material change from the authorised Class C3 dwellinghouse use because the level of occupancy, vehicle movements, parking requirements, and overall pattern of use would be similar to other family-occupied residential properties in the vicinity.

The decision letter

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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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