®Planning appeal decision
2 Rathmines Close, Nottingham, NG7 2LS
Planning appeal 3271733 at 2 Rathmines Close, Nottingham, NG7 2LS (Nottingham City Council) was dismissed on 26 January 2022 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the property as a C4 small house in multiple occupation, providing accommodation for 3 unrelated persons, was lawful when the application was made.
described as follows: 2 Rathmines Close, Lenton, Nottingham has been in use as a C4 small HMO occupied by three unrelated persons, since September 2006. Initially under permitted development rights. However, Article 4 Direction was removed in March 2012, unbeknownst to us. Where two tenants appear on a tenancy agreement, from 2006 to 2014, the third occupant was Rohit Gohil. Some bills are included bearing Mr Rohit Gohil's name
- Authority
- Nottingham City Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Willows P
- Postcode
- NG7 2LS
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the property as a C4 small house in multiple occupation, providing accommodation for 3 unrelated persons, was lawful when the application was made
What decided it
The appellant's evidence was not sufficiently precise and unambiguous to establish on the balance of probability that the property was occupied as a C4 HMO for 3 people when the Article 4 Direction came into effect on 11 March 2012, which was the critical date for establishing lawfulness.
The decision letter
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With an account
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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.