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Dismissed8 November 20243347499

22 Britannia Gardens, Westcliff-on-Sea, SS0 8BN

Planning appeal 3347499 at 22 Britannia Gardens, Westcliff-on-Sea, SS0 8BN (Essex County Council) was dismissed on 8 November 2024 by Inspector Phillips A, 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 or development was well-founded, turning on whether the use for childminding services within the existing dwellinghouse results in a material change of use from a dwellinghouse (use Class C3) to a sui generis mixed use comprising dwellinghouse with childminding services.

described on the Council’s

Authority
Essex County Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Minor retail and services
Inspector
Phillips A
Postcode
SS0 8BN

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 use for childminding services within the existing dwellinghouse results in a material change of use from a dwellinghouse (use Class C3) to a sui generis mixed use comprising dwellinghouse with childminding services

What decided it

The use of part of the ground floor set aside for childminding, combined with increased traffic movements, parking demand, and noise levels extending the periods and intensity of disturbance, resulted in a notable change to the character of the property constituting a material change of use requiring planning permission.

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.

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