®Planning appeal decision
26 Banks Street, Willenhall, WV13 1SP
Planning appeal 3279430 at 26 Banks Street, Willenhall, WV13 1SP (Walsall Metropolitan Borough Council) was dismissed on 26 November 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed use would remain within Class C3(b) or would constitute a material change of use to Class C2.
Increase in the number of children receiving care at the property from 3 to 4, with an additional carer present between 07:30 and 22:30 seven days per week, with night-time care changing from sleep-in to waking shifts
- Authority
- Walsall Metropolitan Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- community-institutional · Change of use
- Inspector
- Hanson S
- Postcode
- WV13 1SP
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed use would remain within Class C3(b) or would constitute a material change of use to Class C2
What decided it
The appellant failed to demonstrate on the balance of probabilities that the proposed increase in children and change in carer shift patterns would not constitute a material change of use, as the increased level of activity and altered nature of care provision would be materially different from the existing lawful use.
What the Inspector cited
- Judgments
- North Devon District Council v First Secretary of State [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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.