We are currently assessing whether a material change of use from a C3 Dwellinghouse to a C2 Residential Care Home has occurred. We have an organisation that is currently operating several care homes in our Borough and they are of the opinion that they are being operated under a C3 use. Having visited the property, interviewed and issued a PCN, we have subsequently concluded that we consider the use to fall within the definition of C2. Although there are only 4 actual residents' in most of these homes, the level of care that they actually need can mean that during the day there may be a total of 9 staff on duty and at night 4. (No staff are resident). The care homes offer care for adults with severe learning disabilities and complex restrictive behaviours usually associated with autism. Some have needs associated with epilepsy and sensory impairments. We feel that the residents' are not able to function in the same way that a "normal" household would perform because of their disability and that because of the level of care required and the control exerted on the residents', that the use falls with a C2 use. Has anyone dealt with similar issues and reached the same sort of conclusion or perhaps would disagree with ours. We are aware of CRAWLEY BOROUGH COUNCIL (CLAIMANT) -v- SECRETARY OF STATE FOR TRANSPORT AND THE REGIONS. Any other case law of relevance would be useful. Thanks in anticipation Ian.
