22 Britannia Gardens, WESTCLIFF-ON-SEA, SS0 8BN

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

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.

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