55 Springfield Road Wigan WN6 7RA

1. 1.▪ Change in the character of the use as a result of increased day-to-day activity; ▪ Change in the character of the use as a result of the necessary form of operation of the premises; ▪ Change if the character of the use as a result of typical physical alterations to the property; ▪ Impact of the proposal in terms of the loss of family dwellings; ▪ Impact of the proposal on local public service delivery; and ▪ Impact of the proposal on the Council’s ability to meet its own housing needs for looked-after children. A recent inspector’s decision relating to a proposed Certificate of Lawfulness in Walsall (Appeal Reference: PP/V4630/X/21/3282889, February 2022) highlighted the need for applications to sufficiently evidence that no material change in character and use would arise from the proposal and commented, paraphrasing, that in an appeal such as this, the onus of proof rests with the appellant and the level of proof is on the balance of probability, finding that the totality of the appellant’s evidence was not sufficiently precise and unambiguous to demonstrate that the proposed use of the site as a care home would not be materially different to that of a single household. It was therefore considered that the use would likely result in a greater level of activity, noise and disturbance than the lawful use of the property as a three- bedroom property. It was concluded that the appellant’s evidence therefore fell short of demonstrating that, on the balance of probabilities, the proposed use would not constitute a material change of use and consequently the burden of proof which rests with them has not been discharged. Conclusion and Officer recommendation It is not possible for the LPA to impose conditions on the grant of a Certificate of Lawfulness. Consequently, children’s homes created through LDCs are unregulated in planning terms. In assessing such applications, therefore, the LPA must make an overall judgement about the likely impacts of the use of the building as a children’s home. It has been established that residential children’s homes are attractive financial ventures and this has resulted in increased pressure for such provision. It is further established that the children placed in such homes are frequently those with the most significant and complex needs who have exhausted other options. Whilst it is accepted that not all looked-after children will experience the challenges set out above and identified throughout this report, the lack of control means that the LPA must guard against the proposed use raising all of the issues identified as part of its assessment of materiality. Therefore, without clear and substantiated evidence to fully support this application, for the reasons outlined in this report, Officers consider that the applicant has failed to demonstrate that, on the balance of probabilities, the proposed use within their application would not constitute a material change of use of the property in the context of the below bulleted tests, and consequently the burden of proof which rests with them has not been discharged to allow this application to be granted. ▪ Change in the character of the use as a result of increased day-to-day activity. ▪ Change in the character of the use as a result of the necessary form of operation of the premises; ▪ Change if the character of the use as a result of typical physical alterations to the property; ▪ Impact of the proposal in terms of the loss of family dwellings; ▪ Impact of the proposal on local public service delivery; and ▪ Impact of the proposal on the Council’s ability to meet its own housing needs for looked-after children. On this basis, and for the reasons within this report, Officers recommend refusal of this LDC application. Human Rights Act 1998 Officers have considered the implications of the Human Rights Act 1998 in reaching a recommendation to refuse this application. They consider that the interference with the human rights of the applicant under Art

From the council's decision notice.

Postcode

WN6 7RA

Application type

Lawful Use Certificate Proposed

Scale / size

Small

Parish

Wigan North

Date validated

8 May 2026

Target decision date

31 July 2026

Applicant

Private applicant

Agent address

Mr Oliver Price 4 St Pauls Square Liverpool L3 9SJ

Case officer

Alison Truman

Statutory period

56 days

Planning Portal ID

PP-14754567

Comments

0

Documents

0

Constraints

1