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Planning appeal decision

Notice varied and upheld28 March 20223285772

14 Lees Hall Crescent, Manchester, M14 6YA

Planning appeal 3285772 at 14 Lees Hall Crescent, Manchester, M14 6YA (Manchester City Council) was allowed in part (a split decision) on 28 March 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the short-term letting use constituted a material change of use from the lawful C4 HMO use.

Material change of use of property from house in multiple occupation (Use Class C4) to short-term letting use (sui generis)

Authority
Manchester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Savage M
Postcode
M14 6YA

Main issues, as the Inspector framed them

  • Whether the short-term letting use constituted a material change of use from the lawful C4 HMO use
  • Whether the short-term letting use fell within Class C3 or constituted a different use class

What decided it

The short-term letting use, with its high turnover of guests staying for 3-16 days, provision of hotel-like services, and transient character, constituted a material change of use from the lawful C4 HMO use and could not be characterised as a C3 dwellinghouse use.

What the Inspector cited

Judgments
Moore v SSCLG [2012] EWCA Civ 1202; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; [2002] JPL 1278; Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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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