®Planning appeal decision
5 Shelley Road, Prestwich, Manchester, M25 9GH
Planning appeal 3288740 at 5 Shelley Road, Prestwich, Manchester, M25 9GH (Bury Metropolitan Borough Council) was dismissed on 29 April 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.
as a care home for up to 4 young people and 1 support staff (Use Class C3(b))
- Authority
- Bury Metropolitan Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- community-institutional · Change of use
- Inspector
- Phillips A
- Postcode
- M25 9GH
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 appellant failed to submit clear and unambiguous evidence of the proposed use and its lawfulness, and case law establishes that non-resident carers cannot form a single household under Class C3(b), meaning the use would be Class C2 and constitute a material change of use.
The 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.