62 Eversfield Place, St Leonards-on-sea, TN37 6DB

use of first, second and third floor as a house in multiple occupation

Authority: Hastings Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a lawful development certificate was well-founded

What decided it

The discrepancy between the claimed six-unit use and the actual seven-unit occupation observed at site visit, combined with incomplete tenant and tenancy agreement evidence, meant the Appellants failed to discharge the burden of proof on the balance of probability that the use had been continuous for the required ten-year period.

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