Planning inquiry set for next month after council took enforcement action over Luton flats

A public inquiry is set to be held next month, after an enforcement notice was issued by Luton Borough Council against the landlord of Shire House in Dallow Road.

Devonhurst Investments Limited appealed against the local authority’s decision to take enforcement action. Both sides will present their case to an independent planning inspector, according to a council statement.

Chubb House, now called Shire House, at 400 Dallow Road was converted into more than 100 residential flats in 2019 by owners Devonhurst Investments Limited.

“It would be inappropriate to comment further on the case while these proceedings are ongoing,” said LBC. “However, we can say the hearing was adjourned this week because of a lack of clarity around the notification process for the inquiry.

“As a result, not all the residents were made aware of the hearing and it’s been deferred until next month. Although the Inquiry could have proceeded, the inspector and the council agreed residents should be given the opportunity to have their voices heard if they wished.

“We’re absolutely committed to improving the quality of rented accommodation throughout the town. It’s vital that residents live in decent homes and that all landlords are acting in a responsible way.”

LBC decided to take enforcement action as it considered the old office block was turned into unauthorised and substandard flats. A previous application by the landlords was dismissed by the Court of Appeal last year.

At that time, LBC explained: “While prior approval was granted for the conversion, the developers didn’t implement this in accordance with the requirements, making the use as accommodation unauthorised.”

The council issued a planning enforcement notice in February 2022 to stop the use of the flats and reverse the changes. The owner applied to the High Court for it to quash the notice, claiming the council had made mistakes when making its decision to issue it.

Devonhurst Investments Limited blamed a series of administrative errors by the local authority for the adjournment of the public inquiry, which began this week and was scheduled to last five days.

It said Shire House has been occupied since 2019 and has a “binding” agreement for its residential use under a general permitted development order, (GPDO) which LBC is ignoring.

“Devonhurst’s case is that there are no breaches of planning control. The building complies to all the necessary regulations, and the enforcement notice should be quashed.

“Currently the building is occupied by about 300 people, who in a recent survey confirmed a satisfaction rate of 81 per cent.

“In the unfortunate event of LBC being allowed to uphold the notice, this will make Shire House residents homeless. The rehousing responsibility and cost will most likely fall on to the council, which we estimate to be more than £1.2m per annum.

“At the opening of the inquiry, the local authority’s legal team admitted a failure to notify the families and residents, many of whom have vulnerable characteristics.

“It’s their right to be informed about the hearing, which ultimately can determine the future of their homes.”