Housing – House in multiple occupation (HMO) – Residents – Appellant owner of residential property charged with offence of breaching planning enforcement notice requiring him to cease use as HMO not falling within class C4 use – Magistrates making preliminary ruling that children under 18 included as “residents” within Class C4 – Appellant pleading guilty following ruling – Appellant appealing against preliminary ruling – Whether magistrates erring in ruling children under 18 within the meaning of “residents” – Appeal dismissed
On 24 February 2017 the appellant was charged with one offence of breaching a planning enforcement notice contrary to section 179(2) of the Town and Country Planning Act 1990 which required him to cease the use of his property at 2 St George’s Avenue, Southall as a Class C4 house of multiple occupation (HMO) within Class 4 of the Schedule to the Town and Country Planning (Use Classes Order) 1987.
Class C4 covered the use of a dwelling house by not more than six residents as a HMO. There was no dispute that for at least some of the relevant period there were six adults and four children living at the property. The magistrates made a preliminary ruled that children up to the age of 18 were “residents” within the meaning of Class C4. Following the ruling the appellant entered a guilty plea and the case was committed to the Crown Court under section 70 of the Proceeds of Crime Act 2002 for confiscation proceedings to be considered, and sentence. The appellant appealed by way of case stated against the preliminary ruling. The hearing before the Crown Court was adjourned pending the outcome of that appeal.
