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Planning appeal decision

Notice varied and upheld4 February 20263332864

Hoppingwood Beverley Lane, KINGSTON UPON THAMES, KT2 7EE

without the grant of planning permission, the change of use of the Land from a dwelling house (Use Class C3) to a large house in multiple occupation ("HMO") (Use Class Sui Generis) ("the Unauthorised Use")

Authority
Royal Borough of Kingston Upon Thames
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hand S

Main issues, as the Inspector framed them

  • Whether the material change of use to a large HMO took place more than 10 years ago (Ground d)
  • Whether the loss of a family home and increase in car use are contrary to policy (Ground a)
  • Whether a fallback position to a 6-person HMO remedies the breach (Ground f)
  • Whether 6 months is a more suitable compliance period than 3 months (Ground g)

What decided it

The 2-year break in continuous occupation as a large HMO (2017-2018) prevented the appellant from establishing the 10-year period required under Ground (d), and the unrestricted large HMO use was contrary to local policy on loss of family homes and transport sustainability.

Plan policies cited: Policy DM14, Policy T1, Policy T2

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.