Planning appeal decision
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)
- Authority
- Walsall Metropolitan Borough Council
- 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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With an account
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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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