Lawful development issued for 16 person house for multiple occupation in Eastbourne

The application was placed for the property on 71 Carlisle Road to determine if the house has been used as the HMO for more than 10 years.

The site has been used historically as student accommodation with the University of Brighton.

The report by the inspecting officer stated: "In the case of applications for existing development or use, if a local planning authority has no evidence itself, nor from others, to contradict or otherwise make the applicant's version of events less than probable, there is no good reason to refuse the application, provided the applicant's evidence alone is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability.“The applicant is seeking to establish whether 71 Carlisle Road, has been in continuous use as a large 16 person HMO (Sui Generis use class) for more than 10 years before the date of this application.

"The building has been used historically for student accommodation associated with the University of Brighton, which falls within the Sui Generis use class as a large House in Multiple Occupation.

"It is therefore considered that, on the balance of probabilities, 71 Carlisle Road, has been in use as a 16 person HMO (Sui Generis) for more than 10 years before the date of this application. Under section 171B(1) of the 1990 Act no enforcement action can be taken against the development and, the 16 person HMO (Sui Generis) use is therefore lawful.”