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Dismissed12 January 20243325829

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

Planning appeal 3325829 at 324 Harborne Park Road, Harbourne, Birmingham, B17 0NE (Birmingham City Council) was dismissed on 12 January 2024 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
B17 0NE

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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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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