®Planning appeal decision
Allowed14 September 20233299532
110 Milton Road, SOUTHAMPTON, SO15 2HW
as an existing HMO
- Authority
- Southampton City Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Jones R
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.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.