5 Shelley Road, Prestwich, MANCHESTER, M25 9GH

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

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.

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