208A Smithdown Road, LIVERPOOL, L15 3JT

Authority: Liverpool City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Whalley J

Main issues, as the Inspector framed them

Whether the use of the 1st and 2nd floors of No. 208A Smithdown Road as a 5-person C4 HMO had become lawful by 19 July 2022, either through 10 years continuous use before the Article 4 Direction came into force on 17 June 2021 or through 10 years continuous use by the date of application

What decided it

The Council Tax registration of the property as unoccupied from 13 July 2020 and the absence of sufficient supporting evidence to demonstrate continuous occupation during the relevant period meant the appellant failed to establish on the balance of probabilities that the C4 HMO use had been lawful.

Framework references: 006

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