Town Planner Pro
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds28 July 20233298956

Land at 78 Wiggenhall Road, WATFORD, WD18 0AL

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.