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Planning appeal decision

Dismissed15 April 20253336414

34 Kensington Road, Southport, PR9 0RT

Planning appeal 3336414 at 34 Kensington Road, Southport, PR9 0RT (Sefton Metropolitan Borough Council) was dismissed on 15 April 2025 by Inspector Boffin D, 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 is well-founded, turning on whether the proposed use is a material change of use from the lawful use as a single dwellinghouse falling within Class C3.

Change of use of existing family home (C3) to children's care home (C2) for two children

Authority
Sefton Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Boffin D
Postcode
PR9 0RT

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development is well-founded, turning on whether the proposed use is a material change of use from the lawful use as a single dwellinghouse falling within Class C3

What decided it

The appellant failed to discharge the burden of proof by providing evidence with sufficient clarity and precision to demonstrate that the proposed use would not amount to a material change of use from the lawful C3(a) use.

What the Inspector cited

Judgments
North Devon District Council vs FSS and Southern Childcare Ltd [2003] EWHC 157 (Admin); [2003] JPL 1191

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.

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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.