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Unauthorised HMO Planning Appeal

From Unauthorised Use to HMO Success: Overcoming Council Refusal and Securing Full Costs

Site: 13 Underwood Road, Newcastle Under Lyme


Project: Change of use of a 6 bedroom HMO to an 8 bedroom HMO (Sui Generis)

Planning Appeal Reference: APP/P3420/W/23/3320033

Council: Newcastle-under-Lyme Borough Council, Castle House, Barracks Road, Newcastle-under-Lyme, ST5 1BL

Appeal Decision: please click here to download

Costs Appeal: please click here to download

Our client reached out to us after facing the threat of a planning enforcement notice for an unauthorised change of use and the refusal of a retrospective planning application. An initial consultation revealed that council officers had been pushing the client to cease using the property as a house in multiple occupation (HMO). 


We provided the client with two recent examples of successful planning permission applications for HMOs in the same area, demonstrating our expertise in this area. Upon reviewing the case, we advised the client to appeal the decision and seek full planning appeal costs, as we believed that council planning officers were acting unreasonably.


We skilfully navigated the complexities of the appeal process, handling the council's questionnaire, appeal statement, and third-party objections, including a strongly worded objection from a neighbour.


The client emerged victorious, not only winning the appeal but also securing full costs against the council. This outcome allowed the client to continue operating the HMO with an additional two tenants, ensuring the property's profitability.


This case highlights the importance of seeking expert guidance when facing planning challenges, particularly in relation to HMOs. Our team of experienced planning agents is committed to helping you achieve your planning goals, even in the face of unreasonable council actions. Contact us today for a free consultation.

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