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Planning appeal decision

Allowed12 September 20223296703

1 Pitt Road, Bristol, BS7 8TY

Planning appeal 3296703 at 1 Pitt Road, Bristol, BS7 8TY (Bristol City Council) was allowed on 12 September 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown that on the balance of probability the use of the property as a seven-person HMO was lawful at the date of the application.

a House in Multiple Occupation used by up to seven people sharing

Authority
Bristol City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hawkins S
Postcode
BS7 8TY

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown that on the balance of probability the use of the property as a seven-person HMO was lawful at the date of the application

What decided it

The appellant's sufficiently precise and unambiguous evidence, comprising statutory declarations, tenancy agreements, financial records, tax returns, and Council Tax documentation, collectively demonstrated on the balance of probability that the property had been in continuous use as a seven-person HMO for more than ten years, placing the use beyond the enforcement period.

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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