An appeal against a refusal by Ashford Borough Council (ABC) to issue a Lawful Development Certificate for the existing use of a house in Bond Road as a large House in Multiple Occupation (HMO) has been dismissed.
The Planning Inspector has agreed with ABC that the applicant has failed to provide sufficient evidence that the house in question has been used as a large HMO continuously for ten years.
The request for a Lawful Development Certificate followed an earlier application for planning permission for change of use of the property to a Large HMO. That application was refused because “The proposed change of use, due to insufficient onsite parking, would result in an unacceptable impact in on-street parking to the detriment of existing nearby residents and the surrounding road network. Further, any vehicles attempting to park at the front would result in vehicles overhanging the footpath to the detriment of pedestrian safety.” contrary to Policy HOU11 of the Ashford Local Plan.
Under the Planning and Compensation Act 1991 the Local Planning Authority (LPA) cannot take enforcement action against a breach of planning control after defined time limits. In the case of a change of use to an HMO the limit is ten years; after which the use becomes lawful.