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Prior Approval Kitchen extension Kingstanding Birmingham.


The Presbytery, Wakefield, Yorkshire.
Proposed Development: Certificate of Lawfulness for the change of use from use class C3 (Residential) to C3 (b) as a Sheltered Housing Unit with a member of staff living on site.


En-Plan were approached by the owners of Millenium Support in Featherstone to ascertain what the planning position was with regard to turning the former Presbytery Station Lane Featherstone Pontefract Wakefield WF7 6EW.  En-Plan liaissed with Wakefield Council to soud out their pposition and in liaison with them it was decided to submit a Certificate of Lawfulness Application was the best way forward for the owners to esgtablish that the proposed use was lawful.

The stated aim of Millenium Support is the provision of different types of accommodation and support we are able to help people progress should their needs and abilities allow and we are also able to manage relapses in conditions and behaviours by moving people to more intensive accommodation options without having recourse to unnecessarily restrictive or institutional care. Each home is run by a qualified Registered Care Manager, who is supported by a highly skilled staff support team.

The Cerificate of Lawfulness application itsellf was formulated to show the internal and external alterations required to enable the change of use complied with the provisons of the General Permitted Development Order. The reasoning behind a Certificate of Lawfulness application as opposed to a planning application was that then proposed use as a care home still fell within the same use class as defined by the GPDO below:

  • C1 Hotels - Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels)

  • C2 Residential institutions - Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres

  • C2A Secure Residential Institution - Use for a provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital, secure local authority accommodation or use as a military barracks

  • C3 Dwellinghouses - This class is formed of three parts

    • C3(a) covers use by a single person or a family (a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other), an employer and certain domestic employees (such as an au pair, nanny, nurse, governess, servant, chauffeur, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child

    • C3(b) covers up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning disabilities or mental health problems

    • C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger

  • C4 Houses in multiple occupation - Small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.

Application Ref: 14/02873/CPL
Application Type: Certificate of Lawfulness
Location: The Presbytery, Station Lane, Pontefract, Featherstone, Wakefield, Yorkshire, WF7 6EW.
Proposal: Change of use from residential use to a sheltered housing unit with a member of staff living on site as a carer.
Decision: Granted
Decision Date: 5th March 2015

After formulating the planning application and submitting to Wakefiled Borough Council for consideration the Certificate of Lawfulness was subsequently granted.  EN-PLAN then provided the technical detail as part of a Building Regulations Approval for the building conversion including details of fire safety and new acoustic insulation to ensure the conversion was carried out to a high standard.  The details received building regulations approval and the property has now been converted and is being used for its approved useas part of the Milenium Support estate.

Why chose En-Plan?

EN-PLAN help you by offering planning advice of the highest quality, informed by many years operating in the deepest and most specialist areas of planning law. This can mean that we help clients avoid common pitfalls, or equally it can mean that we help clients deal with the consequences of finding themselves on the wrong side of their local authority.  We are expewrrts in change of use planning applications and we can unlock the development potential of your property.

In all cases, EN-PLAN offer a sophisticated and intelligent planning service that includes covering all of the planning issues surrounding change of use and certificates of lawful development. Let us know what your situation is, and we will tell you if we are able to guide you.

Please call us on 07931 541 804 for a free no obligation consultation.

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