154 Coombs Road, HALESOWEN, B62 8AF

for the existing use of the property as a C4 HMO prior to Article 4 coming into the Borough of Dudley

Authority: Dudley Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Hanson S

Main issues, as the Inspector framed them

Whether it can be established, on the balance of probabilities, that the property was already in lawful use as a Class C4 HMO prior to the commencement of the Article 4 Direction

What decided it

The appellant failed to demonstrate with sufficient certainty, on the balance of probabilities, that the property was in a lawful Class C3 use immediately prior to its use as a Class C4 HMO, and therefore could not rely on Class L permitted development rights.

Judgments cited: Ocado Retail Ltd v London Borough of Islington [2021] EWHC 1509 (Admin); SSETR v Hughes (2000) 80 P&CR 397

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