Wellington Street - Appeal By Sewardstone Park Limited Against The Enforcement Notice Served By Luton Borough Council

LUTON BOROUGH COUNCIL

NOTICE IS GIVEN UNDER

TOWN AND COUNTRY PLANNING ACT 1990. APPEAL UNDER S174
PUBLIC INQUIRY

On

April 29th to April 30th 2025, with 1st May as a reserve. Commencing at 10.00am

At

The Council Chamber, Luton Borough Council, Town Hall, George Street, Luton, LU1 2BQ

REASON FOR INQUIRY

Appeal by Sewardstone Park Limited

Against the enforcement notice served by Luton Borough Council.

The notice alleges:

The unauthorised material change of use from an office building into 14 residential flats including a five bedroom house of multiple occupation.
and the notice requires (amongst other matters):-

The residential use to cease.

At

Land at Wells Court, 106-108 Wellington Street, Luton,
Bedfordshire, LU1 5AF

An Inspector appointed by the Secretary of State under paragraph 1(1) of Schedule 6 to the Town and Country Planning Act 1990 will attend at the place, date and time shown above to decide the appeal

Please note that the appeal was initially made on the basis of the following grounds of appeal:

Ground (b) – that the breach of control alleged in the enforcement notice has not occurred as a matter of fact.

Ground (c) – that there has not been a breach of planning control. (This ground has been withdrawn)

Ground (d) – that, at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice.

Ground (f) – that the steps required to comply with the requirements of the notice are excessive and lesser steps would overcome the objections.

Ground (g) – that the time given to comply with the notice is too short.

In addition, the Planning Inspectorate has now agreed to allow the appellant to also pursue Ground (a) – that planning permission should be granted for the matter alleged in the enforcement notice. However, the Inspector has indicated that this, together with grounds (f) and (g), will be dealt with on the basis of written representations, rather than being considered at the forthcoming Inquiry. Therefore, if you wish to make representations relating to the question of whether planning permission should be granted, the requirements of the notice or the period for compliance, you should do so in writing, since these matters will not be discussed at the inquiry. You can do this online at

https://acp.planninginspectorate.gov.uk/.

If you do not have access to the internet, you can send your comments to Case Officer, Cat Rosie at the following address; The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN The Planning Inspectorate reference number is APP/B0230/C/24/3354644. Representations should be submitted not later than 3 weeks from the date of the letter. Grounds (b), and (d) will be considered at the Inquiry, which will open at 10.00am on 29 April 2025, and you may, at the Inspector’s discretion, comment on those grounds of appeal at the event.

Members of the public may attend the inquiry and, at the discretion of the Inspector, express their views. If you are disabled or anyone you know who wants to go to the inquiry is disabled, contact the Council to confirm they can make proper arrangements such as parking spaces, access, seating arrangements and so on. Documents relating to the appeal including the appeal form, the Council’s and Appellant’s Statements of Case, Proofs of Evidence, as well as the enforcement notice and questionnaire and once completed the Statement of Common Ground are available for inspection (and photocopying (a reasonable administration charge shall apply) by contacting

developmentcontrol@luton.gov.uk

or calling 01582 546605 in advance and are available to view online at

www.eplan.luton.gov.uk

by clicking on the appeals tab within the link and entering reference 22/00069/ISSUE.

Planning Inspectorate References:
APP/B0230/C/24/3354644
Planning Inspectorate Contact:
Cat Rosie, The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN email:

TeamE2@planninginspectorate.gov.uk

Where applicable, you can use the internet to submit documents, to see information and to check the progress of cases through GOV.UK. The address of the search page is -

https://www.gov.uk/appeal-planning-inspectorate

and via the Luton Council planning portal inserting reference 22/00069/ISSUE