26 Bevendean Crescent, BRIGHTON, BN2 4RA

Without planning permission, the material change of use from a dwelling house (use class C3) to a House in Multiple Occupation (use class C4)

Authority: Brighton and Hove City Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hocking P

Main issues, as the Inspector framed them

Whether there has been a breach of planning control in the material change of use from C3 to C4 HMO
Whether the lawful use of the property on the critical date (5 April 2013, when the Article 4 Direction came into effect) was C3 or C4

What decided it

The appellant failed to discharge the burden of proof to demonstrate on the balance of probabilities that the property was lawfully used as a small C4 HMO on the critical date of 5 April 2013.

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