Appeal 6001645

The appeal is dismissed.

The description of development on the Planning Application form is clear that the proposal relates to a change of use from C3 to C3(b) to provide a residential supported living facility. Class C3(b) of [name] of Schedule 1 of the Town and Country Planning ([name]) Order 1987 (the UCO) ‘relates to not more than six residents living together as a single household where care is provided for residents’. I am required to consider the appeal on this basis and have used this description of development in the banner heading above as neither main party has provided written confirmation that a revised description of development has been agreed.

I note that the Council have advised the applicant that moving from Class C3 to C3(b) under the UCO is not development requiring planning permission and I have no reason to disagree.

Irrespective of whether the proposal as outlined in the description of development requires planning permission, I note that the Council consider that the proposal as described elsewhere by the applicant falls under Class C2 of the UCO by virtue of reference to another appeal decision1. I further note that the appellant’s Statement of Case states that they do not disagree with the scheme needing to apply for Class C2 use.

I have had regard to the proposed floor plans showing a dining room and activity room, and to the statement that staff would not live at [address]. Nonetheless, in light of the main parties agreeing that the proposal comprises a Class C2 use, and given that there is little evidence before me indicating how residents would interact with each other and the facilities, or with regard to the type of care that would be provided by staff needing to be present 24 hours a day to support mental 1 APP/K0235/X/23/3332264 health and learning disabilities, I cannot conclude that the residents would be living together as a single household. As such, from the information before me I agree with the main parties that the development falls under a Class C2 use.

As stated above, I must deal with the appeal on the basis of the proposal being applied for. As such, I cannot go on to consider the merits or otherwise of a Class C2 use. This is the case regardless of whether or not the Council gave an opportunity for the appellant to amend their application to propose a Class C2 use and regardless of the appellant advising that residents would not own vehicles with access to secure cycle storage.

It follows from the above that I must conclude that the appeal be dismissed.

It is clearly open to the appellant to apply to the Council for a Class C2 use as part of a new planning application.

Finally, I note that the appeal site lies within the catchment areas for the Poole Harbour Special Protection Area and [name]. However, as I am dismissing the appeal for other reasons, I do not need to consider the related duties under the Conservation of Habitats and Species Regulations 2017 further.

For the reasons given above the appeal should be dismissed.