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

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

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.

Judgments cited: 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)

Read the decision letter on the Inspectorate’s site

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