®Planning appeal decision
Allowed3 June 20263376785
39 Worsley Road, Bolton, BL4 9LR
a small house in multiple occupation (HMO) (Use Class C4)
- Authority
- Bolton Metropolitan Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant an LDC was well founded with particular regard as to whether on the date of the LDC application No. 39 Worsley Road, Bolton, BL4 9LR was lawfully a house in multiple occupation (HMO) as defined in use Class C4 of the Town and Country Planning (Use Classes) Order 1987 (as amended)
What decided it
The appellant's evidence of tenancy agreements, bank statements, insurance, gas safety certification, and floor plans showing communal facilities and shared bathrooms was sufficiently precise and unambiguous on the balance of probability to demonstrate lawful use as a Class C4 HMO prior to the Article 4 Direction, and the Council's evidence was insufficient to contradict this.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.