41 Cretan Road, Liverpool, L15 0HR

Authority: Liverpool City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Whalley J

Main issues, as the Inspector framed them

Whether the property was in lawful use as a small HMO (Use Class C4) before the Article 4 Direction came into force on 17 June 2021 and whether that lawful use had been retained up to the date of the LDC application on 8 January 2025

What decided it

The statutory declaration from the previous owner combined with tenancy agreements and bank statements demonstrating lawful C4 HMO use before 17 June 2021, coupled with the absence of any evidence from the Council of reversion to C3 use or other material change of use, established that the lawful HMO use had been retained to the application date.

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