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Planning appeal decision

Dismissed28 June 20223291197

520 Chester Road, Aldridge, Walsall, WS9 0PU

Planning appeal 3291197 at 520 Chester Road, Aldridge, Walsall, WS9 0PU (Walsall Metropolitan Borough Council) was dismissed on 28 June 2022 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the decision not to issue a certificate of lawful use was well-founded, turning on whether the use of the land for day care would be lawful by reason of condition 9 of planning permission BC43883P (the 1995 permission).

the use of the site as a day nursery (Class E)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Hanson S
Postcode
WS9 0PU

Main issues, as the Inspector framed them

  • Whether the decision not to issue a certificate of lawful use was well-founded, turning on whether the use of the land for day care would be lawful by reason of condition 9 of planning permission BC43883P (the 1995 permission)

What decided it

The condition 9 of the 1995 permission remains enforceable as the site was not operating in breach of it, and therefore express planning permission is required for the proposed change of use to a day nursery.

The decision letter

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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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