House in multiple occupation judged to benefit from permitted rights

In deciding that the owner of a property in east Sussex was entitled to a LDC confirming that a dormer loft conversion was permitted development, an inspector has ruled that whether it was in use as a dwellinghouse or house in multiple occupation (HMO), it benefited from permitted development rights under Part 1 of Schedule 2 of the GPDO 1995.

At the time the works were undertaken the property was in use as a HMO despite claims by the appellant that it was a dwellinghouse falling within Class C3. Following the judgment in Gravesham Borough Council v Secretary of State for the Environment and O’Brien (1982) the distinctive characteristic of a dwellinghouse was its ability to afford facilities for day-to-day living. The appeal property afforded such facilities albeit to individuals with their own bedrooms but with a communal kitchen and lounge. Consequently, it fell within Class C4 of the Use Classes Order and benefited from permitted development rights.

Inspector: S Papworth; Written representations

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