Flat A Ground to Second Floor, 126A Lower Richmond Road, LONDON, SW15 1LN

Authority: London Borough of Wandsworth
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Ghafoor A

Main issues, as the Inspector framed them

Whether the existing use of the property as a small HMO (Class C4) is lawful and was subsisting during the 10-year period prior to the application date

What decided it

The physical layout and configuration of the property, with shared communal facilities at ground floor and separate bedrooms without individual cooking facilities, was characteristic of a Class C4 HMO and satisfied the Gravesham test.

Judgments cited: Gravesham BC v SSE and O'Brien [1983] JPL 306; Brent LBC v SSLUHC & Rothchild [2022] EWHC 2051 (Admin)

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