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Planning appeal decision

Dismissed7 March 20253339610

21 Shakleton Road, Coventry, CV5 6HT

Planning appeal 3339610 at 21 Shakleton Road, Coventry, CV5 6HT (Coventry City Council) was dismissed on 7 March 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 C4 HMO on or before 29 September 2023, before an Article 4 Direction removed permitted development change of use from C3 to C4.

C4 HMO converted from C3 dwellinghouse

Authority
Coventry City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Phillips A
Postcode
CV5 6HT

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 C4 HMO on or before 29 September 2023, before an Article 4 Direction removed permitted development change of use from C3 to C4

What decided it

The Handover Statement dated 1 September 2023 created ambiguity about the timing and circumstances of the change of use, as it predated the appellant's purchase of the property and was unclear how the appellant could have agreed to rent to tenants without legal interest in the land, causing the appellant to fail to meet the balance of probability test.

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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