®Planning appeal decision
4 Reservoir Retreat, Birmingham, West Midlands, B16 9EH
Planning appeal 3344080 at 4 Reservoir Retreat, Birmingham, West Midlands, B16 9EH (Birmingham City Council) was dismissed on 17 June 2025 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show that on the balance of probabilities the use of the property as an HMO (Class C4) had occurred prior to the introduction of the Article 4 Direction on 8 June 2020 and continued in that use until the date of the LDC application on 13 May 2024.
for an existing use as 4-bed HMO (Use Class C4)
- Authority
- Birmingham City Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Hanson S
- Postcode
- B16 9EH
Main issues, as the Inspector framed them
- Whether the Council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show that on the balance of probabilities the use of the property as an HMO (Class C4) had occurred prior to the introduction of the Article 4 Direction on 8 June 2020 and continued in that use until the date of the LDC application on 13 May 2024
What decided it
The Assured Shorthold Tenancy agreements demonstrated that the occupants came to the property as a pre-formed group and occupied it as a single household, rather than as unrelated individuals sharing basic amenities, which meant the use fell within Class C3(c) rather than Class C4 HMO.
The decision letter
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With an account
What an account adds to this decision
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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.