Hackney Council Abandons Planning Prosecution

SMW’s client was prosecuted by Hackney Council for failing to comply with a planning enforcement notice requiring her to cease use of a rear extension of ground floor shop as an HMO. Despite being the registered proprietor of the land at HMLR, our client disputed that she was the “owner” of the relevant premises according to the definition of “owner” found at section 336 of the Town and Country Planning Act 1990.

Our client also disputed that the rear extension was, in any event, an HMO, as opposed to self contained residential units. After the close of the prosecution case the Council offered no evidence, having acknowledged that the evidence of the Council’s planning officer fell short of proving that the residential units constituted an HMO. 

The case was prepared by David Sonn, who also appeared as advocate at the magistrates' court trial. David was assisted by paralegal Sophie Drake.