96 Village Way, LONDON, NW10 0LL

the retrospective change of use of the property to a six- person C4 HMO

Authority: London Borough of Brent
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Harbottle M

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development was well founded, specifically whether the change of use from a Class C3 dwellinghouse to a Class C4 small HMO was permitted development under the GPDO and whether the property was in use as a small HMO (not more than 6 residents) when the application was made

What decided it

The appellant's statutory declaration naming all tenants and confirming occupancy never exceeded 6 residents, combined with the Council's failure to present concrete evidence of actual occupation by more than 6 people, satisfied the balance of probability test required for a certificate of lawful use.

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