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Planning appeal decision

Allowed13 October 20233319131

15 Foxenden Road, Guildford, Surrey, GU1 4DL

Planning appeal 3319131 at 15 Foxenden Road, Guildford, Surrey, GU1 4DL (Guildford Borough Council) was allowed on 13 October 2023 by Inspector Dudley G, by written representations. The main issue, as the Inspector framed it: Whether the use of the property as a 7 person House in Multiple Occupation has been occurring for a continuous 10 year period prior to the application date to establish lawfulness.

use of property as a house in multiple occupation for 7 persons (Use Class C4)

Authority
Guildford Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Dudley G
Postcode
GU1 4DL

Main issues, as the Inspector framed them

  • Whether the use of the property as a 7 person House in Multiple Occupation has been occurring for a continuous 10 year period prior to the application date to establish lawfulness

What decided it

The appellant's sworn affidavit confirming continuous use as a 7 person HMO since 2010, supported by HMO licensing records, was sufficient on the balance of probability to establish lawfulness through 10 years continuous use without requiring independent corroboration.

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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