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Planning appeal decision

Allowed28 July 20233296338

84 Milton Road, Broughton, Milton Keynes, MK10 9LR

Planning appeal 3296338 at 84 Milton Road, Broughton, Milton Keynes, MK10 9LR (Milton Keynes Council) was allowed on 28 July 2023 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant an LDC was well-founded, turning on whether the appellant can show that the lawful use sought has continued for 10 years prior to 23 December 2021 without any other intervening uses so as to be immune from enforcement action.

the use of a dwelling as an HMO for up to 6 people

Authority
Milton Keynes Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hanson S
Postcode
MK10 9LR

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant an LDC was well-founded, turning on whether the appellant can show that the lawful use sought has continued for 10 years prior to 23 December 2021 without any other intervening uses so as to be immune from enforcement action

What decided it

The balance of probabilities evidence, including tenancy agreements, tax returns, and Council-issued HMO licences, established that the property had been in continuous use as a Class C4 HMO for more than 10 years prior to the application date without any intervening uses.

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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