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Quashed On Legal Grounds20 October 20253325500

13 Wyndcliffe Road, Southsea, PO4 0LA

Planning appeal 3325500 at 13 Wyndcliffe Road, Southsea, PO4 0LA (Portsmouth City Council) was decided (quashed on legal grounds) on 20 October 2025 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
PO4 0LA

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 decision letter

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More decisions in Portsmouth City Council

The authority’s record since 2016 · every decision in 2025

  1. Allowed18 December 20253372324
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  2. Notice upheld22 September 20253334626
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  5. Notice varied and upheld16 December 20213279868
    125 Fawcett Road, Portsmouth, PO4 0DF

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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