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Planning appeal decision

Quashed On Legal Grounds6 March 20253354100

187 Divinity Road, Oxford, Oxfordshire, OX4 1LP

Planning appeal 3354100 at 187 Divinity Road, Oxford, Oxfordshire, OX4 1LP (Oxford City Council) was decided (quashed on legal grounds) on 6 March 2025 by Inspector Douglas L, following an inquiry. The main issue, as the Inspector framed it: whether, at the date when the notice was issued, enforcement action could have been taken in respect of the material change of use of the dwelling to an HMO falling in the C4 use class (a C4 HMO).

Without planning permission, the material change of use of the dwelling on the Land from a single dwellinghouse (Use Class C3 of the Town and Country Planning (Use Classes) Order 1987 (as amended)) to a house in multiple occupation (Use Class C4)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Douglas L
Postcode
OX4 1LP

Main issues, as the Inspector framed them

  • whether, at the date when the notice was issued, enforcement action could have been taken in respect of the material change of use of the dwelling to an HMO falling in the C4 use class (a C4 HMO)

What decided it

The Inspector found, on the balance of probabilities from the appellants' credible sworn evidence corroborated by tenancy and bank documents, that the C4 HMO use had continued without substantial interruption since before 9 September 2014, making the enforcement notice time-barred.

The decision letter

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More decisions in Oxford City Council

The authority’s record since 2016 · every decision in 2025

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  4. Notice varied and upheld6 January 20253292360
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  5. Notice varied and upheld11 December 20243335859
    2 New High Street, Headington, Oxford, OX3 7AQ

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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