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Planning appeal decision

Allowed20 June 20243336632

14 Highbury Villas, BRISTOL, BS2 8BX

described as “This property was owned by my parents and rented to students as a 7 bedroom HMO. It has been in use as a 7 bedroom HMO since 2008, as confirmed by Bristol Council’s private housing department, and an HMO license remains in place until December 2023…..I am now selling the property. The buyer wishes to continue renting the house to students as an HMO. However, the buyer’s lender has stipulated that we must acquire a lawful development certificate for existing use as confirmation that it can continue to be let as a 7-bed HMO

Authority
Bristol City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Allen M

Main issues, as the Inspector framed them

  • Whether the appellant has proved on the balance of probabilities that use of the building as a HMO falling within a sui generis use began on or before 27 September 2013 and continued without significant interruption for ten years after the date of the change

What decided it

The Council's own HMO licensing records and supporting documentation (tenancy agreements, bank statements, and deposit protection evidence) established that the property had been continuously used as a seven-resident HMO for more than ten years from the relevant date.

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.