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Planning appeal decision

Allowed22 December 20233324537

65 Lower Redland Rd, Redland, Bristol, City of Bristol, BS6 6SR

Planning appeal 3324537 at 65 Lower Redland Rd, Redland, Bristol, City of Bristol, BS6 6SR (Bristol City Council) was allowed on 22 December 2023 by Inspector Moss J, 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 was well founded.

Use as a large HMO

Authority
Bristol City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moss J
Postcode
BS6 6SR

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded
  • Whether the use of the appeal site for a large house in multiple occupation has continued substantially uninterrupted for a period of ten years such that the use was immune from enforcement action at the time the application was made

What decided it

The appellant's evidence, comprising tenancy agreements from 2007 onwards, tenant correspondence, and corroboration from the Council's own revenues records, was sufficiently precise and unambiguous to demonstrate on the balance of probability that the use as a large HMO had continued substantially uninterrupted for more than 10 years and was therefore lawful and immune from enforcement action at the date of application.

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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