Issue - meetings

Use as a House in Multiple Occupation for up to 4 occupants within use class C4.[Clifton]

Members considered an application for a Certificate of Lawful Existing Use from Mr Keith Cullwick for use of the property as a House in Multiple Occupation for up to 4 occupants within use class C4.

Officers asked Members to note a correction to the report. Paragraph 4.8 referred to the applicant’s agent being the “brother in law of the applicant”. This should in fact read “brother of the applicant”.

The Committee was reminded that this application was not an application for planning permission but for the granting of a Certificate of Lawful Existing Use and Members should decide whether its use as a House in Multiple Occupation is in accordance with the law.

Members agreed that, based on the evidence contained in the report, that the property had been occupied as an HMO by up to 4 occupants within the C4 Use Class on the key date of 20^th April 2012, when the Article 4 direction came into force,  and this use had continued until the date of the application.

Resolved:  That the application for a Certificate of Lawful Existing Use be granted.

Reason:     The Council is satisfied that, on a balance of probability, the property was in use as a House in Multiple Occupation within use class C4 by up to 4 occupants on 20 April 2012, prior to the introduction of the Article 4 Directive removing permitted development rights for changes of use between Use Class C3 (Dwellinghouse) and Use Class C4 (House in Multiple Occupation) and that the use continued as such at the date of this application. A Certificate of Lawful Development for this use if therefore justified.