KG Planning Ltd provided advice and prepared a letter of objection in relation to an application for a Certificate of Lawfulness.  The application was for the use of a residential property as a residential care home for two young people.

Taking into account recent appeal decisions and High Court judgements it was argued that the proposal fell outside the parameters of Use Class C3 (dwelling houses) and instead fell within Use Class C2 (residential institutions).  The lack of information supplied with the application was insufficient to enable the council to assess adequately whether this change from C3 to C2 would be material.

The council agreed with the points raised in the objection letters and concluded that the certificate was not lawful.