Land at 78 Wiggenhall Road, Watford, WD18 0AL

Planning appeal 3298956 at Land at 78 Wiggenhall Road, Watford, WD18 0AL (Watford Borough Council) was decided (quashed on legal grounds) on 28 July 2023 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice had occurred as at the date the notice was issued (ground b).

Without planning permission, the material change of use of the residential property to a mixed use HMO and self- contained dwelling (sui generis). The erection of a rear single storey dwelling to the host dwellinghouse materially departs from the details approved under 19/00187/HPD for the erection of a single storey rear extension and facilitates the unauthorised material change of use of the property

Authority: Watford Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Bond V
Postcode: WD18 0AL

Main issues, as the Inspector framed them

Whether the matters alleged in the enforcement notice had occurred as at the date the notice was issued (ground b)
Whether the matters alleged represent a breach of planning control (ground c)
Whether the rear extension room is in use as a separate self-contained dwelling house or as part of the HMO use
Whether the property falls within use class C4 HMO

What decided it

The extension room lacks the facilities usually reasonably required for day-to-day private domestic existence and functions as part of the HMO through communal use of the main house facilities, meaning it is not a self-contained dwelling and the property remains lawfully in use class C4.

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.