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Planning appeal decision

Quashed On Legal Grounds20 October 20253325500

13 Wyndcliffe Road, SOUTHSEA, PO4 0LA

the material change of use of a dwellinghouse from use class C4 House in Multiple Occupation for occupation by 6 persons to use as Sui Generis House in Multiple Occupation - occupied by 7 persons, which has occurred without planning permission. It is considered that s172(1) (a) TCPA 1990 has been satisfied and a breach of planning contro l has occurred

Authority
Portsmouth City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Howell M

Main issues, as the Inspector framed them

  • Whether the change of use of the property from a small HMO occupied by 6 persons to a large HMO occupied by 7 persons constitutes a material change of use and therefore development requiring planning permission

What decided it

On the balance of probability, the addition of one occupant to a property with no physical alterations and no demonstrable change in the character, scale or nature of the use does not constitute a material change of use from a small HMO to a large HMO.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.