26 Prestwood Road West Wolverhampton West Midlands WV11 1HW

1. 1.The applicant’s case is that the material change of use of the property to a HMO is permitted under Article 3 and Schedule 2, Part 3, Class L(b) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO). On 14 September 2017 a Direction under Article 4(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) came into force, revoking the ‘permitted development’ rights of Schedule 2, Part 3, Class L(b) of the GPDO. The onus is on the applicant to make their case in respect of the requested Lawful development certificate. On review of the application, insufficient information has been provided with the application to demonstrate that 26 Prestwood Road West has been used as a HMO prior to Article 4(1) Direction coming into force on 14th September 2017 and has since been in continuous use since. Civic Centre St Peter's Square Wolverhampton WV1 1RP Authorised Officer: Ms Megan Benbow Date.: 16th July 2026 Date Received. 19th May 2026 The evidence submitted in support of the application, comprising licensing agreements dated March 2016 and December 2021, does not demonstrate on the balance of probability that the material change of use from a dwellinghouse (Use Class C3) to a small HMO (Use Class C4) was implemented prior to 14 September 2017, when the Article 4(1) Direction removing permitted development rights under Schedule 2, Part 3, Class L(b) of the GPDO came into force. The evidence submitted contains inconsistencies regarding the date on which the HMO use is alleged to have commenced and does not provide a precise and unambiguous evidential record of occupation immediately prior to the Article 4 Direction taking effect. Furthermore, Council Tax records indicate that the property was first recorded as an HMO in December 2017, which is inconsistent with the applicant's account. The applicant was given an opportunity to address these inconsistencies and provide further evidence; however no further information was submitted. On review of the facts of the case and relevant planning law, the Local Planning Authority is therefore not satisfied, on the balance of probability, that the use of the

From the council's decision notice.

Postcode

WV11 1HW

Application type

Certificate Existing Lawful Use/Dev

Scale / size

Small

Date validated

21 May 2026

Target decision date

16 July 2026

Agent

Shalloe Cooper Estates Ltd T/A Rooms 2 Let Today

Agent address

Watling Chambers, West Suite 214 Watling Street Cannock Staffs WS11 0BD GB

Statutory period

56 days

Planning Portal ID

PP-14947002

Documents

3