Appeal Part Allowed — the UK
APP/N1920/C/25/3372752
15 Oddesey Road, WD6 5HZ
The appeal decision concerns a breach of planning control at 15 Oddesey Road, Borehamwood, where Hunslow Estates Ltd contested an enforcement notice issued by Hertsmere Borough Council for unauthorized changes in use from a single-family dwelling to a mixed-use comprising one self-contained flat and a seven-bedroom House in Multiple Occupation (HMO). The Inspector, Stephen Hawkins, conducted a site visit on June 23, 2026, and issued the decision on July 22, 2026. The main issues revolved around the nature of the alleged breach and whether the premises constituted a single large HMO or two smaller HMOs alongside a flat. The Inspector found that the premises were indeed used as two small HMOs and a flat, leading to a material change of use requiring planning permission. The enforcement notice was corrected to reflect this finding, changing the alleged use from a seven-bedroom HMO to a three-bedroom and a four-bedroom small HMO. The Inspector reasoned that the physical and functional separation of the units indicated they operated independently, thus justifying the correction. However, the appeal on grounds (b) and (c) failed as the appellant could not demonstrate that the mixed use did not constitute a breach of planning control. The Inspector noted that substantial alterations would have been necessary to convert the permitted flats into the current configuration, casting doubt on the appellant's claim of substantial completion under the previous planning permission. Ultimately, the appeal was dismissed, and the enforcement notice was upheld with the specified corrections, requiring compliance within nine months.
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