®Planning appeal decision
Dismissed17 June 20253344080
4 Reservoir Retreat, Birmingham, West Midlands, B16 9EH
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
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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.