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Split Decision20 March 20253345738

2 Halkyn Avenue, Liverpool, L17 2AH

Planning appeal 3345738 at 2 Halkyn Avenue, Liverpool, L17 2AH (Liverpool City Council) was allowed in part (a split decision) on 20 March 2025 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the use of No. 2 Halkyn Avenue as a 7 Bed House in Multiple Occupation (HMO) had become lawful due to the passage of time.

Certificate of Existing Lawful Development for 7 Bed House in Multiple Occupation (HMO) and erection of a single storey extension

Authority
Liverpool City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Whalley J
Postcode
L17 2AH

Main issues, as the Inspector framed them

  • Whether the use of No. 2 Halkyn Avenue as a 7 Bed House in Multiple Occupation (HMO) had become lawful due to the passage of time
  • Whether the erection of a single storey extension had become lawful due to the passage of time

What decided it

The evidence provided did not satisfy the requirement to be precise and unambiguous in demonstrating continuous occupation by 7 persons throughout the 10-year period, particularly given gaps in tenancy agreements and the likelihood of periods when fewer than 7 persons occupied the property.

What the Inspector cited

National Planning Policy Framework
Paragraph 006

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.