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Planning appeal decision

Notice varied and upheld15 December 20213265388

26 Bevendean Crescent, Brighton, BN2 4RA

Planning appeal 3265388 at 26 Bevendean Crescent, Brighton, BN2 4RA (Brighton and Hove City Council) was allowed in part (a split decision) on 15 December 2021 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control in the material change of use from C3 to C4 HMO.

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
Postcode
BN2 4RA

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.

The decision letter

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More decisions in Brighton and Hove City Council

The authority’s record since 2016 · every decision in 2021

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  5. Allowed17 November 20253369410
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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