Reasons to choose Wilson Browne
Under the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for the carrying out on land of any development (section 57(1), TCPA 1990).
Development is defined as the “carrying out of building, engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any buildings or other land” (section 55(1), TCPA 1990).
Planning permission was sought for a change of use from a dwellinghouse (class C3) to a mixed use comprising a dwellinghouse (class C3) and a hairdressing salon (class A1). The dwellinghouse was situated in a quiet, residential close and the owner worked from home as a hairdresser. The salon was operating for 21 hours a week with a maximum of two customers at any one time. According to the appellant, the business generated approximately eight vehicular movements a day. The local planning authority (LPA) refused the application.
The appellant was willing to accept conditions limiting the hours to a maximum of 25 per week and only allowing two customers to be present at any one time. The inspector considered that although the opening times of the hairdressers could be controlled by condition; conditioning the number of customers would be difficult to monitor and enforce.
The appellant suggested that a material change of use may not have occurred and an application for a lawful development certificate (LDC) was a creditable fallback position. However, an application for a change of use had been submitted and was before the inspector, it would be up to the LPA to consider the merits of an LDC in the first instance.
The appeal was dismissed as the inspector considered the proposal would lead to an unacceptable increase in traffic movements and parking that would be out of keeping with and cause significant harm to the character of the residential nature of the area.