77 Falcon Crescent, Swinton, M27 8JP

for an existing use as a small HMO (use class C4)

Authority: Salford City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
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 use of the appeal building as a use class C4 house in multiple occupation was instituted prior to 17 November 2024, the date when the Council's Article 4 Direction removing permitted development rights from use class C3 to use class C4 came into effect

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence on the balance of probability that use of the property as a class C4 HMO was instituted prior to 17 November 2024, when the Article 4 Direction came into effect.

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