Flat 3, 121 Edgehill Road, MITCHAM, CR4 2HZ

‘The use of flat 3 as a C4 small HMO’

Authority: London Borough of Merton
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Bond V

Main issues, as the Inspector framed them

Whether the LPA's decision to refuse to grant a LDC was well-founded, turning on whether the HMO use described was lawful as at the date of the application

What decided it

The appellant's evidence failed to demonstrate on the balance of probability that the 2019 Permission was lawfully implemented in accordance with its approved drawings, as the layout of Flat 3 appeared to differ materially from what was consented.

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