Inquiry Success for Simply Planning

Simply Planning Ltd are delighted to receive the Inspector’s recent decision to allow two appeals, quashing an Enforcement Notice and allowing a partial award of costs following a Public Inquiry in April.

The appeal challenged the London Borough of Brent’s Enforcement Notice against operational development and the use of the property as a House in Multiple Occupation (Class C4).

The important wins included:

– The decision reinforced the principle that small HMOs are dwellinghouses and benefit from the PD rights available under the GPDO;

– The Inspector considered the nature of various internal and external changes to the rear extension not to be materially different from a scheme submitted under an earlier prior approval application;

– He rejected the Council’s argument that because the operational works facilitated the HMO use they were subject to a 10 year and not 4 year time limit;

– The rear extension was lawful when it was built, despite the findings of a previous Inspector which considered otherwise;

– The Enforcement Notice which was the subject of Appeal A was not ‘in force’ at the time of the submission of a Lawful Development Certificate for the operational development (the subject of Appeal B);

– The Council acted unreasonably by not fully applying the findings of Caldwell and the ‘Murfitt Principle’ within their assessment. A partial award of costs was granted on this basis.

Congratulations to all involved in this process.