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Allowed20 December 20243333826

193 Holyhead Road, Handsworth, Birmingham, B21 0AS

Planning appeal 3333826 at 193 Holyhead Road, Handsworth, Birmingham, B21 0AS (Birmingham City Council) was allowed on 20 December 2024 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded.

Change of use from a dwellinghouse (Class C3) to a children's care home, for a single child with three carers sleeping overnight and working on a rota basis (Class C2)

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Howell M
Postcode
B21 0AS

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded

What decided it

The proposed use would not result in a definable change in the character of the use compared to the actual previous use by a family of five, and therefore does not constitute material development requiring planning permission.

What the Inspector cited

Judgments
SSETR v Waltham Forest LBC [2002] EWCA Civ 300

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.