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Planning appeal decision

Allowed19 April 20243332279

6 Fitzroy Street, Kingston Upon Hull, HU5 1LL

Planning appeal 3332279 at 6 Fitzroy Street, Kingston Upon Hull, HU5 1LL (Kingston-Upon-Hull City Council) was allowed on 19 April 2024 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use was well founded, specifically whether the use as a large sui generis House in Multiple Occupation for 7 occupants was instituted on or before 3 April 2013 and continued for a period of not less than 10 years without significant interruption.

Existing use as a large sui generis House in Multiple Occupation for 7 occupants

Authority
Kingston-Upon-Hull City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Harbottle M
Postcode
HU5 1LL

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawful use was well founded, specifically whether the use as a large sui generis House in Multiple Occupation for 7 occupants was instituted on or before 3 April 2013 and continued for a period of not less than 10 years without significant interruption

What decided it

The evidence from Doorstep of Hull that it does not provide care as defined in the Use Classes Order, combined with the Inspector's observations that the premises continued to be used as a large HMO with shared facilities and individual licenses, established that no material change of use had occurred and the 10-year continuous use requirement was satisfied.

The decision letter

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More decisions in Kingston-Upon-Hull City Council

The authority’s record since 2016 · every decision in 2024

  1. Dismissed22 May 20263360486
    16 Melbourne Street, Hull, HU5 2ET
  2. Dismissed22 May 20263360477
    11 Melbourne Street, Hull, HU5 2ET
  3. Notice upheld22 May 20263359233
    113 Spring Bank, Hull, HU3 1BH
  4. Notice upheld22 May 20263359093
    113 Spring Bank, Hull, HU3 1BH
  5. Allowed19 May 20266004395
    3 Norton Grove, Hull, HU4 6HG

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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