Agenda item

To consider a Certificate of Lawfulness for existing use as 4no. self-contained studio flats.

The Committee considered a report in respect of application 23/00824/CLEU seeking certificate of Lawfulness for existing use as 4no. self-contained studio flats.

It was RESOLVED that application 23/00824/CLEU:

1.     Refuse certificate of Lawfulness

2.     Issue Enforcement notice

The Committee considered a report on planning application 23/00824/CLEU seeking a certificate of Lawfulness for existing use as 4no. self-contained studio flats.

The Officer explained the site comprises the easternmost part of a short terrace of residential properties on the southern side of Vinters Avenue, which is currently in use as four flats. The frontage is given over to parking, with space for three cars, whilst the rear is a garden. The sole access to the site is from Vinters Avenue. The site is not subject to any notable Local Plan designations or other environmental constraints. Land use in the surrounding area is predominantly residential, consisting of two storey dwellings laid out in terraces of varying lengths. The Bedwell Crescent Local Centre lies a short distance to the north.

Officers explained they are not satisfied that the property was used as a 2-bed house before being converted to flats. The applicant’s explanations regarding his living arrangements were vague, and other documentation appeared to contradict his account. It was also explained that the internal layout had been altered significantly from the approved plans. It was explained that  if the certificate was refused, then enforcement action would be required, which was justified on the poor quality of the flats.

The Committee thanked the officers for being pro-active on enforcement issues and queried how the particular case had come before officers. It was explained that it had been referred to planning following an HMO investigation by the Council’s Environmental Health department. Officers clarified that the property was not a HMO but it is instead 4 self-contained flats. The plans were originally approved by building control as a dwellinghouse but changed within 6 weeks of completion.

It was RESOLVED as follows:

-        That the application for a certificate of lawfulness be refused for the reason below, with delegated powers given to the Assistant Director of Planning and Regulation, in consultation with the Chair of Planning Committee, to add to the reasons for refusal prior to the decision notice being issued, where such additions would be legally sound and reflect advice received by statutory consultees and/or the Council’s appointed consultants.

-        That an enforcement notice be issued and served by the Assistant Director for Planning and Regulation, subject to a solicitor appointed by the Council being satisfied that the evidence requires the cease of the use of the building as four flats and the reinstatement of the building as a two bedroom dwellinghouse at the property known as 40A Vinters Avenue. The precise terms of the enforcement notice, including all time periods, to be delegated to the Assistant Director of Planning and Regulation.

-        That, subject to a solicitor appointed by the Council being satisfied as to the evidence, the Assistant Director for Planning and Regulation be authorised to take all steps necessary, including prosecution or any other litigation/works in default to secure compliance with the enforcement notice.

-        That in the event of any appeal against the enforcement notice, the Assistant Director for Planning and Regulation be authorised to take any action required to defend the Enforcement Notice and any appeal against the refusal to issue a certificate of lawfulness.