27 St. Peters Road, Handsworth, BIRMINGHAM, B20 3RR

a large 10-Bedroom HMO Sui Generis

Authority: Birmingham City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
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 the lawful use as a 10-person HMO (sui generis) had continued for 10 years prior to 30 May 2024 without intervening uses, so as to be immune from enforcement action under section 171B(3) of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide sufficient precise and unambiguous evidence demonstrating that the property had been continuously occupied by 10 people for the full 10-year period prior to the application, as the tenancy agreements showed significant gaps and indicated occupation by no more than 6 tenants until July 2020.

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