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Planning appeal decision

Dismissed22 May 20263360486

16 Melbourne Street, Hull, HU5 2ET

Planning appeal 3360486 at 16 Melbourne Street, Hull, HU5 2ET (Kingston-Upon-Hull City Council) was dismissed on 22 May 2026 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: 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).

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
Postcode
HU5 2ET

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 decision letter

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More decisions in Kingston-Upon-Hull City Council

The authority’s record since 2016 · every decision in 2026

  1. Dismissed22 May 20263360477
    11 Melbourne Street, Hull, HU5 2ET
  2. Notice upheld22 May 20263359233
    113 Spring Bank, Hull, HU3 1BH
  3. Notice upheld22 May 20263359093
    113 Spring Bank, Hull, HU3 1BH
  4. Allowed19 May 20266004395
    3 Norton Grove, Hull, HU4 6HG
  5. Dismissed13 May 20263371643
    The Polar Bear, 229 Spring Bank, Kingston Upon Hull, HU3 1LR

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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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