®Planning appeal decision
Dismissed22 May 20263360486
16 Melbourne Street, HULL, HU5 2ET
a House in Multiple Occupation for a maximum of 3 occupants with 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 a certificate of lawful use or development 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 property did not have continuous use as a class C4 HMO for the required ten-year period because material breaks in occupancy (particularly the periods from August 2019 onwards when only two tenants occupied the property) interrupted the continuous use necessary for the use to be immune from enforcement action.
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.