25 Institute Road, Kings Heath, Birmingham, B14 7EG

Authority: Birmingham City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Braithwaite J

Main issues, as the Inspector framed them

Whether the use of the property as a 7 no. bedroom HMO has subsisted continuously for in excess of ten years prior to the date of application and is therefore immune from enforcement action

What decided it

The appellant's own evidence showed the property was configured as eight self-contained flats in March 2023, during the ten-year period, which broke the continuity of the claimed 7-bedroom HMO use.

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