3 Stanley Street, YORK, YO31 8NW

described as a small house in multiple occupation. Summary

Authority: City of York Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Renaudon L

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate of lawfulness was well-founded

What decided it

The appellant's sworn affidavit that his two children occupied the property as free-of-payment tenants during the period when only two unrelated tenants were recorded, combined with the Council's own enforcement officer's prior conclusion that the property was a small HMO before 2012, satisfied the Inspector on the balance of probabilities that the property had been in continuous Class C4 use since 2003.

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