Planning appeal decision
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.
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