65 Lower Redland Rd, Redland, Bristol, City of Bristol, 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.