4 Perrins Rise, WOLLESCOTE, STOURBRIDGE, DY9 8XP

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

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.

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