108 Hibernia Road, Hounslow, TW3 3RN

Main issues, as the Inspector framed them

• Ground (e): whether the enforcement notice was properly served and, if not, whether substantial prejudice resulted
• Ground (b): whether units 2 and 7 are, as a matter of fact, self-contained residential units
• Ground (c): whether planning permission is required for the change of use alleged
• Ground (d): whether the HMO use has become immune from enforcement action through the passage of time
• Ground (f): whether the requirements of the notice exceed what is necessary to remedy the breach
• Ground (g): whether the period for compliance is reasonable

What decided it

The finding, consistent with the most recent previous appeal decision on the same units, that units 2 and 7 were not self-contained flats, which determined the scope of the amended breach and the overall dismissal of the appeal subject to the notice being corrected, varied and upheld.

The Inspector balanced the need for compliance to be achieved as soon as reasonably possible against the practical and welfare difficulties for residents, including one vulnerable resident, and set a six month compliance period rather than the Appellant's requested 18 months or the notice's original three months.