On March 2nd our client received an enforcement notice from Brent Council for the change of use of the premises to a house of multiple occupation and flat without planning permission.
Reasons for issuing the notice-
It appears to the Council that the unauthorized change of use took place within the last 10 years.
1. The unauthorized change of use has resulted in an overly intensive use of the property and in the provision of sub-standard accommodation, contrary to the objectives of National Planning Policy Framework, 2021, policies DMP1, BH10 and BH7 of the Brent Local Plan, policy D6 (Table 3.1) of the adopted London Plan, 2021, the DCLG’s Technical Housing Standards, 2015, and the advice as set out within the Supplementary Planning Document No.:1 (SPD1).
2. The premises represent a poor quality of accommodation for occupiers and have a negative impact on neighbouring occupiers, due to a lack of management plan for waste disposal and garden maintenance, a lack of personal, bin and cycle storage and a lack of outdoor amenity space, contrary to the objectives of National Planning Policy Framework, 2021, and policies DMP1 and BH13 of the Brent Local Plan.
3. The unauthorised change of use causes material harm to residential amenities of the occupiers of the premises and to the area in general. By virtue of increased comings and goings and substandard construction methods, there is an increase in the levels of noise and disturbance between the units themselves and neighbouring properties. This also has an effect on the character of the area in general, contrary to the objectives of National Planning Policy Framework, 2021 and policy DMP1 of the Brent Local Plan.
4. The unauthorised change of use results in the loss of a purpose-built, family dwelling within the borough, and fails to re-provide family sized accommodation within the conversion scheme. This is contrary to the objectives of National Planning Policy Framework, 2021, policy CP21 of the adopted Brent’s Core Strategy, 2010, and policy BH11 of the Brent Local Plan.
When the appellant purchased the property, it was already being run as a HMO with a separate flat in the roof space. We were able to demonstrate that the roof space has been a separate unit of accommodation for more than four years with evidence in the form of:
• A statutory declaration from the previous owner of the property
• tenancy agreements for the property
• council tax bills showing two separate properties which the Council already has
evidence of.
It was clear that based on the evidence submitted, on balance of probability the client had been able to demonstrate that the top floor of the property had been used as a separate unit of living accommodation for more than 4 years and was therefore now the lawful use of this part of the property. The Council was no longer able to take enforcement action against this.
In relation to the use of the remaining dwelling as HMO accommodation. The client had an HMO license that allowed for up to 9 people to reside in the property (including the flat). The main dwelling could only accommodate 5 individuals, which fell under the number where permission is required. As there was no Article 4 Directive on this property the client was wholly within her rights to allow up to 6 individuals to live there without the need to apply for planning permission and had not breached any planning laws.
With all oft his in mind, we submitted the appeal documents along with a written appeal statement to the planning inspectorate.
A site visit was made on December 8th, and the decision was received on the 22nd of December.
We are pleased to announce that the appeal was successful.
If you receive a enforcement notice, it is vitally important that you do not delay taking action. A planning enforcement notice has a very limited time span in which you can respond and appeal.
Below you will find the full Planning Inspectorate Decision. If you are looking to appeal a local authority refusal contact our team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.
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