The appeals related to two separate properties, which were being used as houses in multiple occupation (HMOs).
There were two main issues in the appeal.
The Appellant argued that the properties were lawful HMOs, on the basis that they had been used as such for three months each. The Inspector dismissed this argument on the grounds that this evidence was contrary to planning contravention notices that the Appellants had previously signed. Furthermore, this evidence was found to be contradicted by site photographs that showed the properties to be in a state of disrepair when it was alleged that they were being rented out to students.
The Appellant also argued that planning permission should be granted in any event. However, the properties were in areas where there were already a number of other HMOs. Accordingly, the Inspector found that allowing the appeals would lead to an over-concentration of HMOs in the area, which would compromise the character of the area.
Accordingly, the Inspector dismissed the appeals and upheld the enforcement notices.
View the appeal decision here.
36 Young Street, Manchester, M3 3FT DX: 718188 MCH 3 Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE DX: 713113 LEEDS PARK SQ Direct Dial: 0113 242 1123
Embassy House, 60 Church Street, Birmingham, B3 2DJ DX: 13023 BIRMINGHAM Direct Dial: 0121 200 3570
We are pleased to announce that Andrew Hogan and Gordon Exall (@CivilLitTweet) will be speaking at the… https://t.co/o2p7nbSHJl Kings Chambers 6 days, 23 hours ago..
Our Women In Costs: Development Brunch and Seminar is now underway! It is fantastic to see so many women from the… https://t.co/wrXH3qSXcG Kings Chambers 1 week ago..
Wilson Horne successful in High Court claim in relation to a conditional sale agreement and the refusal to validate… https://t.co/WLN8S1GjIk Kings Chambers 1 week ago..
We are delighted to announce that Rosie Kight has been appointed as a fee paid Judge of the Employment Tribunals (E… https://t.co/5J2MJlUlrM Kings Chambers 1 week, 1 day ago..
Andrew Hogan successful again in another QOCS appeal in the Court of Appeal. Find out more:… https://t.co/DmfV3hPwCR Kings Chambers 1 week, 3 days ago..
© Copyright 2023 Kings Chambers. All rights reserved.