Background
In October 2024 officers received reports from Councillors and residents that the former Southgate Police Station had changed use and was operating as a hostel.
After a number of months of gathering evidence, officers were able to verify that the premises was being used as a 65 room hostel without the benefit of planning permission and an Enforcement Notice was issuedon13 December 2024 by the Planning Enforcement Team. The notice gave the owners 3 months from 31 January 2025 to cease the use.
The appeal
On receipt of the notice, the operator of the hostel lodged an appeal to Planning Inspectorate (PINS) challenging the Council’s decision to serve the Enforcement Notice.
The grounds for challenging the notice were that the breach of planning control cited in the notice was incorrect, because in the operators view the premises was being used a HMO and not a hostel. They did not challenge the notice under “Ground A” which considers whether planning permission should be granted for the change of use.
The appeal proceeded by way of a Public Inquiry which was held at the Civic Centre on the 11 and 12 June 2025.
In considering the appeal, the Inspector acknowledged that the reason for serving the notice was to address the substandard accommodation being provided, as witnessed on their site visit to the premises. In their view this would still apply whether the premises was a hostel or a HMO, as both are both types of residential accommodation.
The Inspector considered that there would be no injustice to either party if the use cited within the Enforcement Notice was amended to refer to “residential use” rather than a hostel or HMO, as this would prevent any further residential use of the building without the necessary permissions in place first.
The formal appeal decision was received by the Council on 9 July 2025. The Inspector concluded that subject to some minor amendments to the notice, the appeal should be dismissed, and the Enforcement Notice upheld.
Next steps
The compliance period within the Council’s Enforcement Notice was set at three months. The Inspector concluded that this was not sufficient time to allow the occupants a reasonable opportunity to obtain suitable alternative accommodation either through their own means or with the assistance of the local housing authority; on this basis they changed the compliance period to ten calendar months.
The Enforcement Notice takes effect on the date of the appeal decision, being 9 July 2025. The deadline for full compliance with the Enforcement Notice will be 9 May 2026.
Officers will be monitoring the site to ensure the deadline set by the Planning Inspector is met. If the owners fail to comply with the terms of the notice, the Planning Enforcement Team will decide what appropriate next steps should be taken.