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Planning appeal decision

Allowed7 January 20253337071

19 Highfield Street, Leicester, LE2 1AB

Planning appeal 3337071 at 19 Highfield Street, Leicester, LE2 1AB (Leicester City Council) was allowed on 7 January 2025 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to HMO on or before 4 April 2013 and continued without significant interruption for 10 years after the date of change.

Certificate of lawful use or development for use as HMO

Authority
Leicester City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Phillips A
Postcode
LE2 1AB

Main issues, as the Inspector framed them

  • Whether the Council's decision was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to HMO on or before 4 April 2013 and continued without significant interruption for 10 years after the date of change

What decided it

The Council's own evidence acknowledged the property had accrued lawfulness as an HMO for more than 6 persons by July 2019, establishing the 10-year immunity period, and no material change of use had subsequently occurred despite renovation works.

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.

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