Appeals and Law

2018


Property Flats Not HMO – A common theme –  Property turned into flats collecting the highest housing benefit rent as self-contained accommodation whilst claiming that the property is a HMO, which would attract a much lower housing benefit rate, in order to avoid planning regs.

Appellant claims invisible marquee is lawful. Appeal dismissed.

Event Day Parking Appeal Enforcement Notice Upheld

2018 Brent Appeal Decision – Properties flats, not HMO’s. Appellant had attempted to circumvent planning rules by removing tenants’ doors to create ‘shared’ bathrooms.

LB Brent v Clear Channel – 9 convictions for unlawful advertisement displays, including left over steel poles.

2017


2017 Brent Appeal DecisionUnlawfully demolished house must be rebuilt in facsimile or according to planning permission.

2017 Brent HMO appeal decision – Full Costs Awarded to Council – 3 houses had been converted into flats rather than HMO’s as the appellant argued.

2017 Brent Appeal Decision – Costs Decision – HMO use not immune from enforcement action but appellant used deliberate and positive deception in any event.

2017 Brent Prosecution – 3 Defendants guilty of failing to comply with an Enforcement Notice requiring them to cease the use of a property as flats following evidence from Nigel Wicks.

2017 Medway Costs Judgement – LPA entitled to recover costs following aborted s178 direct action from land owner and the merits of employing specialists such as Enforcement Services.

2017 Brent Appeal Decision – Costs Decision  – Change of use to flats no HMO

2017 Brent Appeal Decision – Costs Decision – Change of use to flats not HMO 


1994 High Court Bucks CC v Dodds 

2002 Barking & Dagenham Appeal Decision – Unlawful vehicle breaking and waste processing.

2002 High Court Bucks CC v Briar – “Mr Wicks and his energetic methods”

2004 County Court Brent v Primesight – “Mr. Wicks has made a witness statement in which he sets out the Claimant’s case most cogently….It all seems perfectly reasonable to me and accordingly I give Judgment for the Claimant”

2005 Wiltshire DC Appeal Decision – Unlawful breaking, repair, storage and modification of machinery.

2006 Bucks CC Appeal Decision – Waste deposit, transfer, processing and materials salvage.

2007 Wiltshire DC Appeal Decision – Erection of timber shed and raised gardens.

2007 Wandsworth Appeal Decision  – BT Payphones Ltd replacement payphone kiosk and advertisement.

2008 High Court Blow Up Media v Lambeth – Removal of advertisement by Enforcement Services Ltd not unlawful.

2010 Brent Appeal Decision – Change of use from one to three flats.

2011 Brent Appeal Decision – Erection of building in rear garden.

2011 Brent Appeal Decision – Change of use to self-contained flat.

2011 Brent Appeal Decision – Erection of side and rear extension, roof extension, and dormer window.

2011 Brent Appeal Decision – Change of use to 5 flats.

2011 Brent Appeal Decision – Change of use of garage to self-contained flat.

2012 Brent Appeal Decision – Erection of wooden decking and railings to form roof terrace.

2012 Brent Appeal Decision – Change of use from hotel to 26 self-contained flats and erection of outbuilding.

2013 Brent Appeal Decision – Change of use to shop and 5 self-contained flats.

2014 Brent Appeal Decision – Change of use to HMO and 3 self-contained flats, erection of extensions and hard standing, and use as storage yard.

2014 Brent Appeal Decision – Shed for bed.

2014 Brent Appeal Decision – Erection of outbuilding.

2014 Court of Appeal POCA Brent –  Confiscation order in the total sum of £544,358 to be paid within six months, with a period of imprisonment in default of 5 years.

2015 Brent Appeal Decision – Shed for bed.

2016 Brent Appeal Decision – Change of use from 6 to 10 flats.

2016 Brent Appeal Decision – Shed for bed.

2016 Brent v Clear Channel  – “The court accepts the measurements undertaken by Mr. Wicks, as it is the volume of the new hoarding, its movement forward from the flank wall and the additional steel supports that are clearly demonstrated by the photographs in Exhibit 4 at pages numbered 32, 134, 235 and 236 that is a three fold increase on the Trivision hoarding volume”