Committee Date: 02/04/2015 Application Number: 2015/00545/PA Accepted: 09/02/2015 Application Type: Existing Lawful Target Date: 06/04/2015 Development Ward: Stockland Green 15 Hunton Hill, Erdington, Birmingham, B23 7NA Application for Certificate of Lawfulness for the existing use of the building as a house in multiple occupation for seven persons. Applicant: Agent: Mr D. Sexton C/O Agent, Dutch Architecture Ltd 5a Sutton Hall Farm, Sutton Maddock, Shifnal, Shropshire, TF11 9NQ Recommendation Section 191 / 192 Permission Not Required 1. Proposal 1.1. Application for a certificate of lawfulness for the existing use of the building as a house in multiple occupation (HMO) for seven persons at 15 Hunton Hill, Erdington for a period in excess of 10 years. 1.2. In support of the application the applicant has provided a statutory declaration along with various tenancy agreements and a HMO licence. Link to documents 2. Site & Surroundings 2.1. The application premises are a two and a half storey property with rooms in the roof space, located within a block of 6 similar properties near to the traffic junction of Hunton Hill and Beaufort Road, close to the Gravelly Hill Railway Station. The property benefits from an off road hard standing parking area to the front and an enclosed rear garden area. The surrounding area is predominantly residential in character. Location map Street view 3. Planning History 3.1. None. 4. Consultation/PP Responses Page 1 of 5
4.1. Legal Services - Having reviewed the plans and the response from the agent, this further evidence together with the evidence submitted with the application form is sufficiently precise and unambiguous to demonstrate that the premises has been used continuously for this purpose for at least 10 years to justify the grant of a certificate on the balance of probability. 4.2. Nearby residents and Ward Councillors notified, with the following responses: 4.3. Objection received from Ward Councillor Mick Finnegan, no reason has been stated, however he has requested the application be heard at planning committee. 4.4. One letter/email of support from the occupier of a neighbouring property, who has commented that he and his wife have lived next door to number 15 since 2005. In that period number 15 has been in continuous use as a HMO let to students. We have had no serious issue that might give rise to a dispute with our neighbours. Occasional minor issues have been dealt with effectively, and to our satisfaction, by the landlord following a phone call from ourselves. 5. Policy Context 5.1. Not applicable. 6. Planning Considerations 6.1. In order to satisfy the criteria set out in Section 191 of the Town and Country Planning Act 1990, and in accordance with Circular 10/97, the applicant has to supply sufficiently detailed information upon which the LPA is able to form a view. The degree of information that is supplied, in order to convince the LPA, has to be such that the LPA can reach a view that it is more probable than not that the use has existed for the required period of time (4 years for operational development or residential use, and 10 years for other uses). 6.2. Guidance within Circular 10/97 (Appendix 8.12) states that the onus of proof in an LDC application is firmly on the applicant. Appendix 8.15 states that where the burden of proof is on the appellant, the Courts have held that the relevant test of the evidence is on the basis of 'the balance of probability'. 6.3. A Certificate is sought for the use of site as a HMO for seven persons. 6.4. Legal Services have assessed the evidence provided, making the following observations: The applicant declares the building has been let out continuously since February 2004 as a HMO with 7 bedrooms. He has attached 7 tenancy agreements dated between February and September 2004. The HMO licence was granted on 19 January 2007 and renewed on 20 February 2012, both for a period of five years. Both state that the licence permits that the house is reasonably suitable for occupation by not more than 7 households or 8 persons. The Statutory Declaration with the supporting evidence of the tenancy agreements and the HMO licences is very good strong evidence in support of the application. 6.5. Therefore, I consider that on the balance of probabilities, the evidence demonstrates that the site has been in use as a seven person HMO for a period in excess of 10 years. Page 2 of 5
7. Conclusion 7.1. The evidence submitted is sufficient to demonstrate that, on the balance of probabilities that property number 15 Hunton Hill has been used as a 7 person HMO for a period in excess of 10 years. 8. Recommendation 8.1. That a lawful development certificate is granted. Case Officer: Keith Mellor Page 3 of 5
Photo(s) Front elevation 1 Street view 1 Page 4 of 5
Location Plan This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010 Page 5 of 5