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Planning appeal decision

Allowed25 April 20253347863

73 Margate Road, Southsea, PO5 1EY

Planning appeal 3347863 at 73 Margate Road, Southsea, PO5 1EY (Portsmouth City Council) was allowed on 25 April 2025 by Inspector Harbottle M, 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 operations would have required planning permission and whether the change of use to a 7-bedroom/7-person HMO would have required planning permission.

Internal alterations to form a new bedroom and change of use from 6-bedroom/6-person HMO to 7-bedroom/7-person HMO

Authority
Portsmouth City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Harbottle M
Postcode
PO5 1EY

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 operations would have required planning permission and whether the change of use to a 7-bedroom/7-person HMO would have required planning permission

What decided it

The Council's own parking and refuse standards being identical for 6-person and 7-person HMOs, combined with the absence of evidence linking the additional resident to material changes in noise, anti-social behaviour, or other factors, demonstrated that the change of use would not be material.

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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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