HMO workshop
This workshop will examine the planning enforcement issues arising from Houses in Multiple Occupation, using a combination of legal principles, real-life case studies and practical examples. The day will be interactive, with opportunities throughout to discuss difficult cases and ask questions.
Programme
Time
9.30 – 10.45
10.45 – 11.15
11.15 – 11.30
11.30 – 12.15
12.15 – 12.45
12.45 – 1.30
1.30 – 2.15
2.15 – 2.45
2.45 – 3.00
3.00 – 3.45
3.45 – 4.00
4.00 – 4.30
Session
HMOs: identifying the development. What is an HMO? Planning and Housing Act definitions and use classes; when the creation or use of an HMO amounts to a breach of planning control; distinguishing HMOs from self-contained flats; mixed uses; identifying the correct planning unit and use. Also looking at elfin kitchens, shared facilities. Information sharing with licensing teams.
Real-life examples of cases where the nature of the use, number of occupiers, facilities or layout make the alleged breach difficult to identify or prove.
Break
Permitted development and Article 4 Directions. Which permitted development rights apply to HMOs; the effect of Article 4 Directions and why you should consider making them.
HMO enforcement following Article 4 Directions. Practical examples of enforcement investigations and disputes arising after the introduction of Article 4 controls.
Lunch
Immunity, continuity and mixed uses. Immunity for HMO uses; evidential issues; interruptions and changes in occupation; mixed HMO and other residential uses; identifying what use has actually become lawful.
Immunity in practice. Case studies illustrating evidential difficulties, mixed uses and disputed periods of occupation.
Break
Enforcement powers, offences and direct action. Enforcement notices and breach of condition notices; prosecution for non-compliance; injunctions where appropriate; direct action and practical considerations when securing compliance.
HMO prosecutions and direct action in practice. Examples of difficult HMO enforcement cases, prosecution and securing compliance on the ground.
Workshop discussion and Q&A. Delegates are encouraged to bring their own HMO cases and questions for discussion.
Presenter
Izindi Visagie
Tom Wicks & Nigel Wicks
Izindi Visagie
Tom Wicks & Nigel Wicks
Izindi Visagie
Tom Wicks & Nigel Wicks
Izindi Visagie
Tom Wicks & Nigel Wicks
All presenters
Format: Practical workshop with real-life examples, discussion of difficult enforcement scenarios and opportunities for questions throughout the day.
Course runs from 9:30am to 16:30pm
Cost: £ 200 plus VAT per delegate
Meet the presenters
Izindi Visagie
Izindi Visagie LLB, MBA, LARTPI is a solicitor who worked in a number of Local Planning Authority legal teams before setting up Ivy Legal. Izindi has a hands-on approach to client work, and is as experienced preparing Enforcement Notices as she is as advocate at public inquiry. Izindi’s experience within local authorities means that she fully understands the needs of her LPA clients and the subtle interaction of politics, policies, resourcing and legal requirements that bedevil planning enforcement.
Izindi is the London and South East Representative for NAPE, the RTPI's network group for Planning Enforcement.
Tom Wicks
Tom began working with Enforcement Services in 2006 and has qualifications in Planning and Law. He has worked within a number of London Borough and District Local Planning Authorities.
He is experienced in all aspects of planning enforcement including site visits, public inquires, prosecutions, and direct remedial action.
Tom believes that Local Planning Authorities have all the powers necessary to remedy any breach of planning control and is yet to find a planning problem that there isn’t an effective solution to.
Nigel Wicks
Nigel developed investigation and security skills in service with H.M. Forces as an Intelligence and Security Operator before becoming a career Local Government Enforcement Planner. He spent 18 years in local government qualifying in both planning and law and experiencing a full range of enforcement subject matter, with North Wiltshire District, Bristol City, Buckinghamshire County and Brent London Borough Councils.
As well as handling all aspects of planning enforcement, from receipt of complaint to remedial action, Nigel has been advocate or witness in hundreds of prosecution, public inquiry, injunction and other proceedings. After leaving local government he developed the Company working exclusively for public authorities, specialising in planning enforcement and in particular direct remedial action. The Company has conducted hundreds of successful actions, from the removal of vast amounts of scrap and waste, including boats, cars and caravans, to the dismantling and removal of advertising hoardings or the complete demolition of buildings. Working for a number of authorities across England, the Company has always been keen to expand its experience and prides itself on securing practical cost effective solutions and, to date, has never failed to remedy any breach it has been presented. He believes enforcement means just that. The planning enforcement system works well, if only the tools are used as intended to compliment the many other skills and competencies of planning. He is not a creator or a negotiator.
He believes those disciplines are best left to development controllers, policy makers and other planning experts, whilst he concentrates on enforcement. Present him with development that should not have happened and he will find a way to undo it and maybe help prevent it from happening again.
Nigel was a member of the ODPM Working Group on the review of the Planning Enforcement System, and has experience in the Magistrates, Crown, and High Courts.
Other available courses
