123 ALDERSON ROAD , WAVERTREE, LIVERPOOL, L15 1HG

Authority: Liverpool City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Moore D

Main issues, as the Inspector framed them

Whether the use of the property as an HMO within Use Class C4 was lawful on the date of the application and whether the Council's refusal to grant an LDC is well-founded

What decided it

The appellant failed to show on the balance of probabilities that the change of use to an HMO took place before the Article 4(1) Direction came into force on 17 June 2021, and contradictory evidence suggesting a change of use date of June 2014 cast doubt on the lawfulness of the use.

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