24 Pugh Road, Bradley, BILSTON, WV14 8PT

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

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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