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Dismissed9 March 20233301567

4 Perrins Rise, Wollescote, Stourbridge, DY9 8XP

Planning appeal 3301567 at 4 Perrins Rise, Wollescote, Stourbridge, DY9 8XP (Dudley Metropolitan Borough Council) was dismissed on 9 March 2023 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed use would fall within Class C3(b) and thus be excluded from development, or if not, whether the use would be materially different to the existing C3 use.

Certificate of lawful use or development for use as a dwellinghouse by not more than six residents living together as a single household with care provided by not more than one member of staff

Authority
Dudley Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hanson S
Postcode
DY9 8XP

Main issues, as the Inspector framed them

  • Whether the council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed use would fall within Class C3(b) and thus be excluded from development, or if not, whether the use would be materially different to the existing C3 use

What decided it

The appellant failed to demonstrate on the balance of probabilities that the proposed use would be lawful, as the use would constitute a material change from C3 to C2 residential care provision, and the evidence lacked the precision and clarity required to discharge the burden of proof.

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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