Purpose

The report is to assist with the determination of an application for a Lawful Development Certificate for the provision of an outbuilding to the rear of 12 Tennyson Road, Droylsden proposed operations for use as a nail and beauty therapist studio made under section 192 of the Town and Country Planning Act 1990.

Decision

To refuse the application for a Lawful Development Certificate because the proposed development is not permitted development under Article 3 and Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development (England) Order 2015 as set out in this report taking into consideration the Planning Report at Appendix 1.

Reasons for the decision

The Council has received an application for a lawful development certificate (LDC) for the provision of an outbuilding to the rear of 12 Tennyson Road, Droylsden for use as a nail and beauty therapist studio.

Under the Town and Country Planning Act 1990 (TCPA 1990) a local planning authority is required to determine, within eight weeks from validation of an application (or such extended period as agreed in writing with the applicant), if:-

·          Existing use of buildings or land, or operations carried out in, on, over  or under land, or the failure to comply with any condition or limitation attached to a planning permission is lawful (section 191 TCPA); or

·          Proposed use of buildings or land, or any proposed operations to be carried out in, on, over or under the land is lawful (section 192 TCPA).

The Council is of the opinion the proposed development is not permitted development under Article 3 and Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development (England) Order 2015 as set out in this report.  The use as a nail and beauty therapist studio would be a commercial purpose and not one which is incidental to the enjoyment of the dwellinghouse situated at  12 Tennyson Road, Droylsden.