246 Cardigan Road, LEEDS, LS6 1QL

Sui Generis HMO, use of property as a 7 bedroom house in multiple occupation, and install a window at lower ground floor level

Authority: Leeds City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue the LDC for the proposed use of the property as a 7 bedroom house in multiple occupation, as well as the installation of a window at lower ground floor level was well-founded
Whether the use of the appeal property as a seven bedroom house would be a material change when compared to the existing lawful use as a six bedroom property in multiple occupation

What decided it

The addition of one bedroom to an existing HMO in an already busy mixed-use street with multiple other HMOs does not constitute a material change of use as a matter of fact and degree.

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