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Dismissed5 August 20243332464

64 Charles Street, Clayton Le Moors, Lancashire, BB5 5PS

Planning appeal 3332464 at 64 Charles Street, Clayton Le Moors, Lancashire, BB5 5PS (Hyndburn Borough Council) was dismissed on 5 August 2024 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the certificate of lawfulness was well-founded, turning on whether there would be a material change of use from the lawful use as a single dwellinghouse falling within Class C3 to the proposed use as a home for up to two children, with up to three carers, two of whom will sleep overnight, working on a rota basis.

use of a C3a dwelling as a children’s home for a maximum of two children, with up to three carers, two of whom will sleep overnight, working on a rota basis (C2)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Savage M
Postcode
BB5 5PS

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the certificate of lawfulness was well-founded, turning on whether there would be a material change of use from the lawful use as a single dwellinghouse falling within Class C3 to the proposed use as a home for up to two children, with up to three carers, two of whom will sleep overnight, working on a rota basis

What decided it

The number of vehicles likely to be parked at the site at any one time would be significantly greater than the existing use and would necessitate on-street parking, which the appellant failed to demonstrate would not constitute a material change of use.

The decision letter

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The authority’s record since 2016 · every decision in 2024

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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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