117 Milner Road, BRIGHTON, BN2 4BR

Without planning permission the material change of use from small House in Multiple Occupation (C4) to a 8 bedroom House in Multiple Occupation (Sui Generis) and a loft conversion including a dormer to the rear roof slope to facilitate the unauthorised change of use to HMO (Sui Generis)

Authority: Brighton and Hove City Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hocking P

Main issues, as the Inspector framed them

Whether the enforcement notice was issued too late to take enforcement action against the matters stated in the notice (ground (d))
Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The dormer is integral to the unauthorised change of use as it provides additional letting bedrooms, and the appellant has not demonstrated how the breach could be effectively remedied without its removal.

Judgments cited: Murfitt v SSE (1980) 40 P&CR 254; Bowring v SSCLG [2015] EWHC 1027 (Admin)

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.