26 Banks Street, WILLENHALL, WV13 1SP

Authority: Walsall Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: community-institutional · Change of use
Inspector: Hanson S

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.

Judgments cited: North Devon District Council v First Secretary of State [2003] EWHC 157 (Admin)

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