140 Bournbrook Road, Selly Park, BIRMINGHAM, B29 7DD

Authority: Birmingham City 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 refusal to issue a certificate of lawful use was well-founded, turning on whether the appellant can show that the lawful use as a large HMO for 8 people has continued for 10 years prior to 7 February 2022 without intervening uses, so as to be immune from enforcement action

What decided it

The appellant failed to provide sufficient evidence of continuous use as an 8-person large HMO for the full 10-year period prior to the application, with material gaps in tenancy agreements and a period when only 6 tenants occupied the property.

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