®Planning appeal decision
2 Woodlands Drive, Coven, South Staffordshire, WV9 5DR
Planning appeal 3289833 at 2 Woodlands Drive, Coven, South Staffordshire, WV9 5DR (South Staffordshire District Council) was allowed in part (a split decision) on 13 September 2022 by Inspector Pleasant L, following an inquiry. The main issue, as the Inspector framed it: In an appeal on ground (c) (Appeal A), the issue is whether the use of the Land to provide accommodation with care for a child (under 16) or young person (16-18) gives rise to a breach of planning control.
Without planning permission, the making of a material change of use of a dwellinghouse to use as a residential care institution falling under use Class C2, of the Town and Country Planning (Use Classes) Order 1987 (as amended)
- Authority
- South Staffordshire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- community-institutional · Change of use
- Inspector
- Pleasant L
- Postcode
- WV9 5DR
Main issues, as the Inspector framed them
- In an appeal on ground (c) (Appeal A), the issue is whether the use of the Land to provide accommodation with care for a child (under 16) or young person (16-18) gives rise to a breach of planning control
- In Appeal B... the issue is whether the Council's decision to refuse to grant a Certificate of Lawfulness of existing use or development (LDC) was well founded
- The main issue in this case is the effect of the development on the living conditions of neighbouring residents and the character of the surrounding area
What decided it
The significant/substantial harm to the living conditions of neighbouring residents from noise, disturbance and inadequate parking outweighed the moderate benefit of providing a home for a single child or young person.
the substantial harm to neighbours' living conditions and the environmental nuisance from inadequate parking significantly and demonstrably outweighed the moderate positive weight given to the national need for a home for a single child or young person, so the balance tipped against the proposal
What the Inspector cited
- Development plan policies
- Policy EV12Policy EQ9
- National Planning Policy Framework
- Paragraph 130Paragraph 60
- Judgments
- North Devon DC vs First Secretary of State and Southern Childcare Ltd [2003] JPL 1191; West Midlands Probation Committee v Secretary of State for the Environment, Transport and the Regions [1997] 11 WLUK 123
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in South Staffordshire District Council
The authority’s record since 2016 · every decision in 2022
- Dismissed13 October 2026601334748 Enville Road, Kinver, DY7 6BX
- Dismissed6 August 2026600790117 Church Road, Codsall, WV8 1EA
- Quashed On Legal Grounds10 July 20263365691Mile Flat, Greensforge, Kingswinford, DY6 0AU
- Split Decision10 July 20263365688Mile Flat, Greensforge, Kingswinford, DY6 0AU
- Allowed7 July 20266008867Poppins Pantry, Cannock Road, Penkridge, ST19 5DX
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.