Portsmouth City Council: Dan Wilden is pleased to have secured a certificate of lawfulness in respect of the proposed use of a three bedroom house in Portsmouth as a small children’s home.
The key question in any case like this is whether the proposed use would amount to a material change of use – as per Section 55 of the Town and Country Planning Act. Any change of use which is not a material change of use, is not considered development and therefore outside of planning control. Section 55 provides that a change within one of the Use Classes defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) is not taken to involve development.
Portsmouth tend to interpret this kind of use as falling withing Use Class C3 which is the same as a regular family dwelling. Other Councils in light of North Devon District Council v First Secretary of State [2003] EWHC 157 (Admin) find that where the only permanent residents of the property are the children (with the carers operating on a shift pattern) the use should fall into the Use Class C2. However regardless of that it is still open to the decision maker to conclude that the proposed use for all practical purposes is sufficiently similar to the existing use that it would not amount to a material change of use – even if there has been a use class change.
It can be confusing – particularly when the variety of appeal decisions on the subject is examined. Sometimes one just has to take the most practical route noting what other decisions the Council has already made – this might mean applying for a certificate of lawfulness or just going straight for a planning application. If you are considering establishing a small children’s home of this nature why not speak to Pure Town Planning for advice on what the best route would be.