Issue - meetings

To consider the grant of a certificate of lawfulness for use as a 7 bedroom HMO (Use Class Sui-Generis).

That the Certificate of Lawfulness is approved for the following reason:

On the balance of probabilities the evidence that had been provided has demonstrated that No.45 York Road has been continually operating as a Large House of Multiple Occupation for a period of at least 10 years from the date of the application and is, therefore a lawful use that is exempt from enforcement action.

The Committee considered a report in respect of application 23/00618/CLEU for a Certificate of Lawfulness for use as a 7 bedroom HMO (Use Class Sui-Generis) at 45 York Road, Stevenage.

The application was before the Planning and Development Committee as it had been called-in by local Ward Councillor Sandra Barr.

The application had originally been considered by the Committee on 3 October 2023 when it had been deferred to enable a selection of redacted evidence documents to be shared with the Committee.

The Committee was again reminded by the Borough Solicitor that, as in the previous item, any debate referring to the redacted evidence documents would have to be considered in Part II of the meeting once the Press and Public had been excluded.

Officers reminded Members that for the purposes of Section 171(b) (3) Time Limits, of the Town and Country Planning Act 1990 (as amended), which states that in the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.  Therefore, providing the applicant could demonstrate through the submission of sufficient evidence, the large HMO, the subject of this application, was operating for more than 10 years, in line with the Act, they would be immune from enforcement action.  Officers considered that the evidence submitted with the application demonstrated the continuity of the existing use in excess of this time period and the evidence was sufficiently precise and unambiguous to justify the Grant of a Certificate of Lawfulness. Officers advised that in their professional opinion, the evidence met the relevant required test of ‘on the balance of probability’ from the Statutory Declarations and other documents provided.

In response to a question Officers confirmed that in compliance with the Town and Country Planning Act, the Council could not take any enforcement action on the property after the end of the ten year period beginning with the date of the breach.

It was RESOLVED that the Certificate of Lawfulness is approved for the following reason:

On the balance of probabilities the evidence that had been provided has demonstrated that No.45 York Road has been continually operating as a Large House of Multiple Occupation for a period of at least 10 years from the date of the application and is, therefore a lawful use that is exempt from enforcement action.