26/00761/CEA
Enfield
Status
Full proposal
Change of use from Use Class C3 (dwelling house) to Use Class C2 (Children's Home). We are seeking confirmation that the use of the application premises, by not more than 2 children, aged under 17, receiving care and living together as a single household, falls within the Class C3(b) of the Town and Country Planning (Uses Classes) Act 1990, (as amended). The children being cared for will present with varying difficulties, include past and current mental health difficulties and disabilities. They will receive 24 hour care by up to 4 carers who attend the home to provide the care between 08.30 - 20.30 and 20.30 - 08.30. Article 2 of the Use Classes Order states that ?care? means ?personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder. The dwelling falls within Class C3(b), due to the residents being cared for due to experiencing past and / or present mental health difficulties and learning needs. Section 55 2 (f) of the Town and Country Planning Act 1990 confirms that changes of use within each Use Class (as proposed within this application C3a to C3b) do not constitute development and therefore do not require planning permission. The existing use as a dwelling under Use Class C3(a,) and the proposed use for a small children's care home for children experiencing mental health difficulties and / or who have disabilities and receive 24 hour care from carers on a rota basis, would fall within Class C3b. There is no material change to the property and the proposal does not constitute a development, as such, we believe a lawful development certificate should be granted.
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