324 Harborne Park Road, Harbourne, BIRMINGHAM, B17 0NE

as an HMO for 3 tenants (Use Class C4)

Authority: Birmingham City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Phillips A

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development was well founded, turning on whether the appellant proved that the use changed to HMO for 3 tenants (Use Class C4) on or before 14 March 2013 and continued without significant interruption for 10 years, or commenced prior to 30 November 2014 when the Article 4 Direction was activated

What decided it

The tenancy agreements submitted were insufficient to prove continuous occupation by 3-6 unrelated individuals throughout the material period, as there were more than 4 years when only two tenants occupied the property and some occupants may have been related.

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