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Planning appeal decision

Notice varied and upheld1 October 20253357704

12 Hollin Mount, LEEDS, LS16 5JS

Without planning permission, the change of use from a dwellinghouse (use class C3) to a House in Multiple Occupation (sui generis)

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the matters alleged constitute a breach of planning control (ground c)
  • Whether the use as a large HMO commenced at least 10 years before the enforcement notice was issued and has continued continuously (ground d)
  • Whether the steps required by the notice exceed what is necessary to achieve the purpose (ground f)
  • Whether the compliance period is reasonable (ground g)
  • Whether the use is lawful because it is immune from enforcement action due to passage of time (certificate of lawful use appeal)

What decided it

The appellants failed to provide sufficiently precise and unambiguous evidence of continuous HMO use for the requisite 10-year period, with significant gaps and inconsistencies in tenancy documentation that were not adequately explained.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.