208A Smithdown Road, Liverpool, L15 3JT

Planning appeal 3336797 at 208A Smithdown Road, Liverpool, L15 3JT (Liverpool City Council) was dismissed on 10 October 2024 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: 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.

Application for a Certificate of Existing Lawful Development for use of the 1st and 2nd floors as a C4 House of Multiple Occupation (HMO) for 5 persons

Authority: Liverpool City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Whalley J
Postcode: L17 3JT

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.

What the Inspector cited

National Planning Policy Framework: Paragraph 006

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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.