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Allowed25 April 20233306482

Flat Above 605 Smithdown Road, Wavertree, Liverpool, L15 5AG

Planning appeal 3306482 at Flat Above 605 Smithdown Road, Wavertree, Liverpool, L15 5AG (Liverpool City Council) was allowed on 25 April 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development is well-founded.

Use of the property as a small HMO (House in Multiple Occupation)

Authority
Liverpool City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Walker A
Postcode
L15 5AG

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development is well-founded

What decided it

The evidence of the assured shorthold tenancy agreement pre-dating the Article 4 Direction, combined with the appellant's management of the property from 10 June 2021, demonstrated the property was in use as a small HMO prior to 17 June 2021 and therefore lawful.

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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