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Planning appeal decision

Allowed28 January 20223282688

2 Sefton Avenue, Beeston, LEEDS, LS11 7BA

Use as a dwellinghouse as a House in Multiple Occupation (C4) to ground first and second floors and self-contained flat to basement

Authority
Leeds City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Wharton T

Main issues, as the Inspector framed them

  • Whether there is sufficient precise and unambiguous evidence to demonstrate that the ground, first and second floors were in use as a Class C4 HMO prior to 10 February 2012 and continuously thereafter until the date of the LDC application
  • Whether there is sufficient precise and unambiguous evidence to demonstrate that the basement flat has been used continuously as a self-contained dwelling for a period of 4 years prior to the date of the LDC application

What decided it

For the HMO use, the lack of precise and unambiguous evidence that the property was occupied as a true Class C4 HMO prior to 10 February 2012; for the basement flat, the corroborated evidence of continuous occupation as a self-contained dwelling for more than 4 years prior to the application date.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.