Flat 1 Mytholme Ridge, Halifax Old Road, Halifax, HX3 8PJ

Planning appeal 3365545 at Flat 1 Mytholme Ridge, Halifax Old Road, Halifax, HX3 8PJ (Calderdale Metropolitan Borough Council) was allowed on 27 July 2026 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use was well-founded, turning on whether the proposed use is a material change of use from C3 to C2.

use of a C3 residential dwelling house for a children's home for a maximum of two children, with a manager based off site who will visit as and when needed. A maximum of two carers during the day, two carers sleeping overnight, working on a rota basis (C2)

Authority: Calderdale Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: community-institutional · Other minor developments
Inspector: Phillips A
Postcode: HX3 8PJ

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use was well-founded, turning on whether the proposed use is a material change of use from C3 to C2

What decided it

The proposed use, whilst technically falling within Class C2, would not represent a material change from the authorised use as a Class C3 dwellinghouse when assessed by comparing the actual planning impacts of the two uses.

What the Inspector cited

Judgments: North Devon District Council v FSS & Southern Childcare Ltd [2003] EWHC 157 (Admin); [2003] JPL 1191; R (oao Crawley BC) v FSS & the Evesleigh Group [2004] EWHC 160 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2026

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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.