®Planning appeal decision
Red Thorns, 98 Westbury Road, New Malden, KT3 5AN
described as the ‘change of use from C3 dwelling to C2 but a C2 use that is not materially different to a C3(b) for use of premises as a home for up to six children or young people with up to 1 full-time carer sleeping overnight
- Authority
- Royal Borough of Kingston Upon Thames
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Jones R
Main issues, as the Inspector framed them
- whether No 98 and 98A Westbury Road form single or separate planning units
- whether the proposed use would fall within Class C3(b) or C3(c) of the Use Classes Order
- if not, whether the use falls within Class C2 and, if so, whether that use would be materially different to a Class C3 use
- whether the use falls within Class C4
What decided it
The proposed Class C2 use would not result in a material change of use from the existing Class C3 use as a dwellinghouse because the mode of care, occupancy levels, visitor patterns, and physical characteristics would be unlikely to generate significantly different activities from those of a large seven-bedroom family dwelling.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.