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Planning Enforcement Successes

The Planning Enforcement Team has had a month of success in the courts.

December proved to be a fruitful month for Haringey in pursuit of landlords who unlawfully convert houses into flats without the necessary planning permission and within areas where such works are restricted by planning policy.

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19 January 2011

2 Goodwyns Vale, N10

Prosecution for breach of an Enforcement notice for unauthorised change of use to 6 flats from 2 flats. Defendants found guilty and matter referred to Crown Court for sentencing.

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22 December 2010

18 Duckett Road, N4 Found Guilty

This matter again concerned the unlawful conversion of a property granted planning permission for 2 flats into 6 flats. An Enforcement Notice was served and was not complied with by the date of the compliance stipulated in the Notice. The Council prosecuted the landlords who pled not guilty. However they were found guilty and convicted by the Magistrates Court who fined them £12,000 and awarded £1,295 costs to the Council.

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21 December 2010

Appeal against conviction and sentence for 23 Hewitt Road, N4 and 89 Burgoyne Road, N4

The landlord was prosecuted by the Council due to breaches of the enforcement notices served at the above properties for the unlawful conversion into 4 flats at 23 Hewitt Road and 5 flats at 89 Burgoyne Road. Although convicted in September 2010 the landlord appealed against the conviction and sentence. However the judge hearing the case dismissed the appeal. He did however reduce the fine to £6,000 for each offence but awarded full costs of over £3,000 to the Council including those accrued in the Magistrate’s Court.

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15 December 2010

1 Bruce Castle Road, N17 found guilty and 9 Heybourne Road, N17 pled guilty

These two properties were prosecutions regarding the unlawful conversion of both properties to flats. Although the landlord pled guilty to one offence he pled not guilty to the other and asked for sentencing to follow this trial. However the landlord was later found guilty and convicted of breaches of Enforcement Notices for both properties. This matter has been referred to the Crown Court for sentencing.

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Rogue Developers take to task

Rogue Developers who convert properties without permission will be prosecuted and most likely fined, says Haringey Council after securing convictions against landlords for illegal conversions.

Cabinet Member for the Environment, Cllr Nilgun Canver, said:

"Planning rules are there for a reason. Converting houses to flats can have a big impact on a street, especially if the property subsequently becomes a house in multiple occupation.

"The knock on effect on parking, schools, noise and refuse collection can be unacceptable for local residents. If landlords want to convert properties it's better they get planning permission first, that we all save time and money."

Some examples of recent planning enforcement action include:

*Taskin Izzet, a landlord of two properties in Burgoyne Road and Hewitt Road was in October convicted of unlawfully converting two houses into nine flats. After the council took action Izzet was convicted and fined £8,000 for each property and ordered to pay council costs of £1,617.

*Snowcroft Properties who illegally converted two single houses into eight flats and six flats at 22 Black Boy Lane and 75 Hermitage Road in early 2010. This year Snowcroft properties was forced to de-convert the houses and pay costs to the council of £2,070.

* Mr Solomonides, owner of a house in Harringay Gardens, illegally converted this into four flats. Following council enforcement action he has been forced to de-convert the house and pay council costs of £2,500.

*Pathfields Estates Ltd, who illegally converted a house into three flats at 38 Thackeray Avenue in 2010 is being forced to de-convert the property and pay a fine of £15,000 plus costs of £642 to the council.

Finally, Planning Enforcement have also been taking action to protect the Borough’s heritage in the Tower Gardens Estate. A Conservation Area subject to strict Article 4 directions limiting permitted development and subjecting development to strict planning policies.

Mr Karagoz owner of a property in Cumberton Road had inserted UPVC windows without planning permission in contravention of the council’s Conservation Area Policies. The owner was made to pay a fine of £500 and £774 costs.

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PAYING THE PRICE OF ILLEGAL CONVERSIONS

Developers who illegally convert houses into flats or multiple occupied dwellings will be out of pocket and end up in court, warns Haringey Council, which has pledged to protect tenants from rogue landlords and residents from the problems they bring.

Cllr Nilgun Canver, Cabinet Member for the Environment, said:

"We are focusing on properties which are being converted without permission and then let out to people who have to live in overcrowded conditions. We need to ensure that conversions have permission and comply with health, safety and fire regulations".

Recently, three property owners in Tottenham were fined £15,000 at Highgate Magistrates Court for illegally converting a property in Whitely Road. Mssrs Shimson Bard, Eliyah Suzitsky and Mosha Lipschitz were each fined £5,000 for extending and converting a roof to gain additional units in the property. They were also asked to pay £2,000 towards the cost of the prosecution.

In a similar case, a Mr Hayrettin Cavasoglu was subject to enforcement action after illegally converting a property in West Green Road into three self-contained units. Following enforcement action he tried to make amends and engaged the council’s Home Improvement Team to create a legal and licensable house in multiple occupation (HMO). Mr Cavasoglu accepted a simple caution for his original offence and paid the council’s legal costs of £650 in lieu of prosecution.

The council has pledged to use whatever resources available to investigate violations of planning law and will take action where it can.

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