The council claimed that the property was in use as a house in multiple occupation (HMO). As a consequence it asserted that it was not a dwellinghouse and could not benefit from permitted development rights. It also asserted that the extension, taking into account the presence of a non-original single storey extension, would exceed the three metre limit set out in Class A of Part 1 of the order.
The inspector decided that a HMO, whether occupied by up to six residents and thus falling within Class C4 of the Use Classes Order or in excess of that number and thereby a sui generis use, comprised a dwellinghouse for the purpose of the GPDO. Only flats were expressly excluded from the order and there was no pre-condition stipulating that a dwellinghouse had to take a particular form. The garden sheds were therefore permitted under Class E and the extension, when assessed correctly, would not exceed the three metre limit specified in condition A.1(j). The appeal was allowed.
Inspector Paul Dignan; Written representations