11 Melbourne Street, HULL, HU5 2ET

a House in Multiple Occupation for a maximum of 3 occupants with a shared kitchen and bathroom facilities (relates to the whole of property)

Authority: Kingston-Upon-Hull City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant an LDC was well founded with particular regard as to whether on the date of the LDC application the appeal property was lawfully a house in multiple occupation (HMO) falling within class C4 of the Town and Country Planning (Use Classes) Order 1987 (as amended)

What decided it

The evidence demonstrates either significant periods of non-occupation or prolonged periods when only two persons occupied the property, preventing the appellant from establishing the continuous ten-year use as a class C4 HMO required by law.

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