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Dismissed26 February 20253346777

24 Pugh Road, Bradley, Bilston, WV14 8PT

Planning appeal 3346777 at 24 Pugh Road, Bradley, Bilston, WV14 8PT (Wolverhampton City Council) was dismissed on 26 February 2025 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use was well-founded, turning on whether the proposed use as a home for up to four residents (18 to 24 years old) where care is provided by non-resident 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.

Certificate of lawful use for supported living for up to four residents aged 18-24 with non-resident care staff providing 24-hour care

Authority
Wolverhampton City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Householder developments
Inspector
Hanson S
Postcode
WV14 8PT

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use was well-founded, turning on whether the proposed use as a home for up to four residents (18 to 24 years old) where care is provided by non-resident 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 regarding the care plan, management arrangements, staffing patterns, and operational character of the proposed use made it impossible for the Inspector to conclude that the use would be lawful, as the burden of proof lay on the appellant to demonstrate lawfulness on the balance of probabilities.

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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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