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Dismissed9 June 20253361042

77 Falcon Crescent, Swinton, M27 8JP

Planning appeal 3361042 at 77 Falcon Crescent, Swinton, M27 8JP (Salford City Council) was dismissed on 9 June 2025 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 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.

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
Postcode
M27 8JP

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.

The decision letter

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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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