BCP Council (Bournemouth): We recently secured a Lawful Development Certificate for an existing use of a property on Chatsworth Road, Bournemouth, confirming its lawful use as a 7-person House in Multiple Occupation (Sui Generis).
This case is a good example of how careful evidence-led planning work can make the difference when regularising an established use. In this instance, the key planning issue was that while a C4 HMO covers occupation by up to six residents, a property occupied by seven people falls outside that use class and is instead treated as Sui Generis. That meant the application needed to clearly demonstrate that the use had been operating lawfully for the required 10 year period.
For an application of this kind, the test is not whether a local authority likes or dislikes the use. The question is whether there is sufficiently precise and unambiguous evidence, on the balance of probability, to show that the use has been continuous for the relevant period. As the officer’s report notes, the applicant had to prove continuous HMO use for the ten years leading up to the application.
To support the case, evidence was assembled including:
- Assured Shorthold Tenancy Agreements showing occupation by seven named tenants across multiple academic years
- HMO licences covering use for 7 households and 7 persons
- A statutory declaration confirming continuous occupation as a 7-person student property since 2007
- Supporting council tax records consistent with multiple occupation over the relevant period.
A particular challenge was a gap in tenancy records between July 2019 and September 2022. However, the officer accepted that this gap was satisfactorily addressed through the detail and weight of the statutory declaration, together with corroborative council records and the absence of any contrary evidence. The report gave the statutory declaration “significant evidential weight” and concluded that the evidence, taken together, was robust enough to demonstrate continuous Sui Generis HMO use for the required ten-year period.
Importantly, the local authority also noted that:
- no objections or representations were received,
- no enforcement notices were in force,
- and no internal council records contradicted the applicant’s account.
The application was therefore found to be lawful, with the council confirming that the use of the property as a 7-person HMO had satisfied the minimum time requirements to become an established use.
This result highlights the value of a well-prepared evidential case. For Certificate of Lawfulness applications, success often turns on how clearly the history of a site is documented and presented. Where there are gaps in one type of evidence, a robust planning strategy can bring together other material to satisfy the legal test.
At Pure Town Planning, we help property owners, landlords and investors navigate exactly these kinds of issues — whether that means proving an existing use, regularising a planning position, or building the strongest possible case from complex historic evidence.