Southampton City Council: Jess Glover is pleased to announce that she has successfully secured a Lawful Development Certificate to establish the existing use of the property as a C4 Class House in Multiple Occupation on Derby Road in Southampton.
Jess previously obtained a Lawful Development Certificate for an HMO at the neighbouring property in March 2021 and as such the owners sought assistance to legitimise the HMO use of the adjacent property.
Lawful Development applications take time to prepare to ensure that on the balance of probability the evidence submitted will make clear to the Council that the unlawful use has continuously operated for the minimum amount of time required to become lawful under the relevant statutory legislation.
In preparing this particular case, which was an unlawful change of use, we were required to demonstrate that the use had continued for a period in excess of 10 years. The applicant was able to provide extensive records including affidavits from the owners and tenants, HMO Licences, Tenancy Agreements and Council Tax to confirm the HMO use of the site since at least 2010.
The Planning Officer considered that the evidence sources provided did in fact demonstrate that on the balance of probabilities, the existing building known has been in use as a C4 HMO continuously for over 10 years to the present date and issued the decision.
If you have any sites which may currently be in an unlawful use or you have an unauthorised use or building which you are considering to regularise why don’t you contact Pure Town Planning at firstname.lastname@example.org for a free confidential planning enquiry.