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Planning appeal decision

Dismissed29 July 20223289415

4 King Georges Avenue, Southampton, SO15 4JE

Planning appeal 3289415 at 4 King Georges Avenue, Southampton, SO15 4JE (Southampton City Council) was dismissed on 29 July 2022 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawfulness for the existing use of the property as an 8-bedroom House in Multiple Occupation (HMO) was well founded.

Existing use as an HMO of 8 units of unrelated individuals

Authority
Southampton City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hocking P
Postcode
SO15 4JE

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawfulness for the existing use of the property as an 8-bedroom House in Multiple Occupation (HMO) was well founded

What decided it

The appellant's evidence was not sufficiently precise and unambiguous to demonstrate on the balance of probabilities that the property had been continuously occupied as an 8-bedroom HMO for a relevant 10-year period, thus failing to discharge the burden of proof required for a certificate of lawfulness.

The decision letter

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