A developer that turned an office block in Luton into flats that breached planning control has been given six months to undo the changes, even though it currently houses around 200 people.
In a ruling handed down today, a judge at the High Court in London backed an enforcement notice issued by Luton Borough Council against developer Devonhurst Investments Ltd.
Devonhurst developed an office block on an industrial estate in Luton called Chubb House into 109 residential units of one-, two- and three-bedroom flats without planning permission.
The project was started in 2016 and finished in 2019, when the building was renamed Shire House. According to the ruling, the developer and the council engaged with each other over the development but, despite requests from the council, the developer didn’t seek a certificate of lawful use.
When council officers visited the site in 2021, they concluded the building was “entirely unsuitable for residential use”, according to the ruling.
They found the flats provided “inadequate living standards”, weren’t property insulated from the noise of the industrial estate and road and some of the flats couldn’t be properly ventilated because they didn’t have opening windows.
The council officers advised that the building should not be granted retrospective planning permission. They noted that, although the building was tenanted by some vulnerable people and low-income families, it would not be in the best interests of future inhabitants to allow the building to be used for accommodation.
In April 2022, the council served an enforcement notice on Devonhurst, giving it six months to take down extensions it had built, remove all kitchens and bathrooms, remove fixtures and fittings associated with residential use and clear the site of rubble.
Devonhurst appealed the ruling to the High Court, which put the notice on hold. The case went to trial in February, and in a ruling handed down today, trial judge Mrs Justice Steyn dismissed the appeal.
This means Devonhurst now has six months to make the changes.
At trial, Devonhurst argued the council’s decision to issue an enforcement notice didn’t properly take into account the needs of the residents and was a breach of human rights law.
However, the judge ruled the council was aware of the issues facing the current inhabitants and had made a considered decision to issue the enforcement notice.
She dismissed all of Devonhurst’s arguments.
Devonhurst Investments Ltd v Luton Borough Council
Administrative Court (The Hon. Mrs Justice Steyn DBE) 28 April 2023
