Higher Ashworth Farm Meadow Head Lane, ROCHDALE, OL11 5UL

change of use from dwelling (use class C3a) to residential care (use class C2) for up to two children without complying with a condition attached to planning permission Ref 22/00796/FUL, dated 25 November 2022

Authority: Rochdale Metropolitan Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: community-institutional · Change of use
Inspector: Duff N

Main issues, as the Inspector framed them

The effect varying the condition would have on the description of development/operative part of the permission

What decided it

The proposed variation to increase the number of children from two to four would alter the operative part of the original planning permission and intensify the use, which cannot be achieved through a section 73 application under the Finney judgment principles.

Plan policies cited: Policy T2, Policy DM1

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