Lewisham council has won an important case at the Planning Inspectorate over the conversion of a small terraced house into a six person house of multiple occupation (HMO).
The ruling comes as Ladywell experiences a surge in the number of terraced family houses being converted into HMOs, alarming many local residents. Lewisham already suffers a shortage of family homes.
The owner of the property was appealing against the council’s refusal to grant a certificate of lawful use or development for an HMO an 9 Ellerdale street.
But the planning inspector James Blackwell found in favour of Lewisham council, saying the refusal was “well-founded and that the appeal should fail”.
An application for costs by the house owner Mr Yuda Stroli was also refused.
The case hinged on when the HMO was first occupied by tenants. The next door neighbours photographic and verbal evidence proved decisive.
Mr Stroli claimed a material change of use of the property from a dwelling to a small HMO occurred before January 19 2024, when the council removed permitted development rights allowing for a change of use.
Mr Stroli acquired the house in November 2023 and appointed Quate Developments to carry out the renovation of the property.
The renovation included an extension and a host of internal modifications. A managing agent was appointed and six tenants were signed up by January 2-4 2024.
But an inspection of the property and photographs showing scaffolding and danger signs at the property in mid-January showed the HMO was not in use at that time.
The next door neighbour Adam was allowed to look around the property in February 2024 by a worker on site and he too saw no evidence of occupation by tenants.
As a result the planning inspector ruled that Mr Stroli’s evidence “lacked precision and uncertainty” around when the HMO use began and ruled in favour of the council.
Adam says the battle has been going on since November 2023.
He says the work at No 9 was formally started with no attempt to secure a third-party wall agreement, as neighbouring property on both sides was damaged, and no prior planning consent was sought.
“It was only through the support and engagement of Ladywell councillor Laura Cunningham and the local community that this got off the ground, as all our protests had fallen on deaf ears before that. “
The council fought the latest appeal lodged by the owner after three previous error strewn planning applications failed – and won the case.
But we are now over two months from that success, and so far it’s been pyrrhic victory, says Adam.
The house is still being operated as an HMO, with repeated noise, hostile behaviour, and “a property which obviously sticks out in the community that we all hold dear”.
“We’ve tried to trust the process … and we’re hopeful that some of the enforcement actions that are available can now we taken.”
Cllr Cunningham said there were important lessons to learn from the case. “Get in touch with a local councillor to support you as soon as you can. Keep detailed records. Take photos. Be curious and ask questions. Be prepared for it to take time.”