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Dismissed10 June 20223286330

219 Chester Road, Sutton Coldfield, Birmingham, B73 5BE

Planning appeal 3286330 at 219 Chester Road, Sutton Coldfield, Birmingham, B73 5BE (Birmingham City Council) was dismissed on 10 June 2022 by Inspector Griffin E, 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 change of use from residential dwelling to a residential care home for four children would constitute a material change of use as defined in Section 55 of the Town and Country Planning Act 1990.

for the proposed change of use from dwelling house (Use Class C3) to residential care home for four children (Use Class C2)

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Griffin E
Postcode
B73 5BE

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 change of use from residential dwelling to a residential care home for four children would constitute a material change of use as defined in Section 55 of the Town and Country Planning Act 1990

What decided it

The appellant's evidence fell short of demonstrating that the proposed use would not constitute a material change of use, as insufficient information was provided about the existing use to enable a proper comparison.

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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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