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Planning appeal decision

Quashed On Legal Grounds16 April 20243316868

104 Markham Road, Bournemouth, BH9 1JE

Planning appeal 3316868 at 104 Markham Road, Bournemouth, BH9 1JE (Bournemouth, Christchurch and Poole) was decided (quashed on legal grounds) on 16 April 2024 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice (material change of use to a 7-bedroom Sui Generis large HMO) had occurred by the date of issue of the notice.

the material change of use of the property from a single-dwellinghouse (Class C3) to a 7-bedroom House in Multiple Occupation (Sui Generis)

Authority
Bournemouth, Christchurch and Poole
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Howell M
Postcode
BH9 1JE

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice (material change of use to a 7-bedroom Sui Generis large HMO) had occurred by the date of issue of the notice

What decided it

The Statutory Declaration, properly witnessed and supported by corroborating evidence, established that the property was in use as a C4 HMO with 5 occupants at the time the notice was served, not as a Sui Generis large HMO with 7 occupants as alleged.

The decision letter

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More decisions in Bournemouth Christchurch and Poole

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld11 September 20263359540
    17, The Litzo 37-39 Boscombe Spa Road, Bournemouth, BH5 1AS
  2. Allowed9 September 20263362377
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  3. Dismissed4 September 20266008242
    5 Bank Chambers, Penn Hill Avenue, Poole, BH14 9NB
  4. Allowed3 September 20263356534
    Flat 2B, Whitley Court, West Cliff Gardens, Bournemouth, Dorset, BH2 5HL
  5. Notice upheld27 March 20263337488
    The Boathouse, 9 Quay Road, Christchurch, BH23 1BU

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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