Details of both notices concerning Flats 1 and 2, Chatga House, 104 Albert Road, on the land of The Durham Arms in Brentwood Road, have been shared to the publicly available enforcements list on Havering Council’s website.
One enforcement document addresses an alleged breach of planning control relating to the “material change of use of Flat 1 on the first floor from a public house with ancillary accommodation (sui generis) to a self -contained residential unit”.
The other describes an alleged breach in connection to “the material change of use of Flat 2 on the first floor from a public house with ancillary accommodation (sui generis) to a small house in multiple occupation”, without planning permission.
Havering Council states it believes the change of Flat 1 occurred within the last four years, whilst the change of use to Flat 2 to a small HMO occurred in the last ten.
It stated: “There is insufficient evidence to clearly and robustly show that Flats 1 and 2 above the public house have been lawfully separated from the sui generis use of the Durham Arms for a continuous period of at least ten years.”
The council is concerned that the use of Flat 2 as a HMO has “an adverse impact on the supply of family housing with the London Borough of Havering and would set an undesirable precedent for similar development in the locality”.
It is not the first time the HMO at the property has been challenged by Havering Council.
In May, retrospective plans for a five-person HMO were refused.
The council has branded the change of use to Flat 2 as “unlawful”.
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It added: “The council does not therefore accept that any use as self-contained flats of units Flat 1 and Flat 2 as separate dwellings from the public house is lawful.
“The council does not consider that planning permission should be granted.”
A compliance deadline of three months has been given to see both flats returned to their former use prior to the changes, remove all associated fittings and door locks, and to provide “free and unfettered” access between each property and the ground floor.
