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Planning appeal decision

Allowed15 May 20233315708

8 Fingland Road, Liverpool, L15 0ES

Planning appeal 3315708 at 8 Fingland Road, Liverpool, L15 0ES (Liverpool City Council) was allowed on 15 May 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 (LDC) would have been well-founded had they retained jurisdiction to determine the application.

a C4 Use Class House in Multiple Occupation (HMO)

Authority
Liverpool City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Walker A
Postcode
L15 0ES

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) would have been well-founded had they retained jurisdiction to determine the application

What decided it

The statutory declaration, assured shorthold tenancy agreement, and sales particulars describing the property as having 4 rentable rooms provided sufficiently precise and unambiguous evidence on the balance of probabilities that the property was in use as a C4 HMO prior to 17 June 2021, with no contradictory evidence from the Council.

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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