24 Pugh Road, Bradley, Wolverhampton, WV14 8PT

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 as a home for up to four residents aged 16 to 24 with non-resident care staff on a shift basis would fall within Class C3 of the Use Classes Order and if not whether the use proposed would be a material change of use

What decided it

The absence of sufficient detail and clarity regarding the proposed operation of the supported living home, combined with the finding that the use would fall within Class C2 rather than Class C3(b) and would constitute a material change of use, meant the appellant failed to discharge the burden of proof required to demonstrate that the proposed use would have been lawful if begun on the date of application.