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Planning appeal decision

Allowed14 September 20233299532

110 Milton Road, Southampton, SO15 2HW

Planning appeal 3299532 at 110 Milton Road, Southampton, SO15 2HW (Southampton City Council) was allowed on 14 September 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a LDC was well-founded, turning on whether the use of the appeal property changed to a HMO on or before 30 March 2011, at a time when such a change was not permitted development, and then continued without material interruption for a period of at least ten years thereafter, so as to meet the immunity period from enforcement action under s171B(3) of the 1990 Act.

as an existing HMO

Authority
Southampton City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R
Postcode
SO15 2HW

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a LDC was well-founded, turning on whether the use of the appeal property changed to a HMO on or before 30 March 2011, at a time when such a change was not permitted development, and then continued without material interruption for a period of at least ten years thereafter, so as to meet the immunity period from enforcement action under s171B(3) of the 1990 Act

What decided it

The appellant's statutory declaration, supported by corroborating evidence from Council Tax records, Electoral Roll, tenancy records, bank statements and tenant affidavits, established on the balance of probabilities that the property had been used as a HMO for three unrelated residents continuously for more than ten years without material interruption, making the use immune from enforcement action.

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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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