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

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

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.

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