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Planning appeal decision

Dismissed13 February 20233306956

148 Braemar Road, Manchester, M14 6PW

Planning appeal 3306956 at 148 Braemar Road, Manchester, M14 6PW (Manchester City Council) was dismissed on 13 February 2023 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the use of the property as a small house in multiple occupation (Class C4) commenced more than ten years prior to 30 June 2022 and continued without significant break for ten years.

use of the property as a small house in multiple occupation (Class C4)

Authority
Manchester City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Rogers B
Postcode
M14 6PW

Main issues, as the Inspector framed them

  • Whether the use of the property as a small house in multiple occupation (Class C4) commenced more than ten years prior to 30 June 2022 and continued without significant break for ten years

What decided it

The statutory declaration from the previous owner lacked sufficient precision and exactness regarding tenancy details and dates, and was contradicted by council tax records, preventing the appellant from demonstrating on the balance of probability that the property had been in continuous C4 use for the required ten-year period.

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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